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Borough of Punxsutawney, PA
Jefferson County
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Table of Contents
Table of Contents
This article lists specific controls over general aspects of land utilization that either further explain requirements of this chapter, provide additional requirements or are not included elsewhere in this chapter.
Accessory buildings shall meet the following requirements:
A. 
Shall not be constructed in any front yard in any district;
B. 
Shall either meet the identified setback requirements for accessory buildings as noted in Article IV or, if none apply, shall meet those for principal buildings; and
C. 
Shall not exceed a height of 15 feet.
Within the H-C District, adult entertainment establishments may be considered as a special exception, subject to the requirements of Chapter 168, Obscenity, Chapter 71, Adult Businesses, and the following:
A. 
No materials sold within shall be visible from any window, door, or exterior of the building.
B. 
Signage shall be limited to one attached sign no larger than 12 square feet. Signage may be lighted by a covered and recessed fixture located at the top or base of the sign.
A. 
Building-mounted broadcast transmission antennas shall not be located on any single-family or two-family dwelling.
B. 
Building-mounted broadcast transmission antennas shall be permitted to exceed the height limitations of the applicable zoning district by not more than 20 feet. Broadcast transmission antennas co-located on existing permitted antennas shall not exceed the height established by the Borough Council. The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.
C. 
Omnidirectional or whip antennas shall not exceed 20 feet in height and seven inches in diameter.
D. 
Directional or panel broadcast transmission antennas shall not exceed five feet in height and three feet in width.
E. 
Any applicant proposing broadcast transmission antennas to be mounted on an exiting building or other structure shall submit the following:
(1) 
Evidence from a Pennsylvania registered professional engineer or architect certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
(2) 
Detailed construction and elevation drawings to the Borough indicating how the antennas will be mounted on the structure.
(3) 
Evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and broadcast transmission equipment building can be accomplished.
F. 
Broadcast transmission antennas shall comply with all applicable standards associated with:
(1) 
Federal Communications Commission standards governing human exposure to electromagnetic radiation; and
(2) 
Federal Aviation Administration, PennDOT Bureau of Aviation, and local airport zoning standards, related to the Punxsutawney Airport.
G. 
Broadcast transmission antennas shall not cause radio frequency interference with other broadcast transmission facilities located in the Borough.
H. 
Broadcast transmission antennas' base/foundation shall be set back from any residential dwelling a distance equal to the height of the tower plus 50 feet, or 100 feet from the property line with a property in the R-l District, whichever is greater. The minimum setback from nonresidential structures shall be the height of the tower plus 50 feet, or 50 feet from the property line, whichever is greater.
I. 
A broadcast transmission equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure. Broadcast transmission equipment housed in underground vaults shall be exempt from setback requirements.
J. 
The owner and/or operator of broadcast transmission antennas shall be licensed by the Federal Communications Commission to operate such antennas.
K. 
The applicant shall supply the following documentation to the Borough:
(1) 
Documenting the need for the broadcast transmission facilities and efforts to secure co-location (see Subsection L below);
(2) 
A visual impact assessment and neighborhood impact assessment of the proposed facilities;
(3) 
Certification from a Pennsylvania registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association; and
(4) 
Scale drawings showing the proposed placement, spacing, construction and/or modification of the broadcast transmission antennas and related facilities.
L. 
Any applicant proposing construction of a new communications tower shall provide written evidence that a good-faith effort has been made to obtain permission to mount the broadcast transmission communications antennas on an existing building, structure or communications tower. A good-faith effort shall require that all owners of potentially suitable structures within a one-quarter-mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:
(1) 
Proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost;
(2) 
Proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost;
(3) 
Existing buildings, structures or towers do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function;
(4) 
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation; and/or
(5) 
A commercially reasonable agreement could not be reached with the owners of the existing building, structure or tower.
M. 
As conditions to issuance of the permit, applicants for broadcast transmission facilities shall be required to supply the following:
(1) 
A copy of its current Federal Communications Commission license;
(2) 
The name, address and emergency telephone number for the operator of the broadcast transmission antenna and equipment;
(3) 
General liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the broadcast transmission antenna and equipment; and
(4) 
All documentation applicable to the facility, including its operation and any enforcement/activities by other agencies.
N. 
Access shall be provided to the broadcast transmission antenna and equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be paved to a width of at least 10 feet with a dust-free, all-weather surface for its entire length.
O. 
The site of a communications tower shall be secured by a fence with a minimum height of eight feet to limit accessibility by the general public.
(1) 
All guy wires associated with broadcast transmission antennas shall be clearly marked so as to be visible at all times and shall be located within the fenced area.
(2) 
One off-street parking space shall be provided within the fenced area.
P. 
No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency that has jurisdiction.
The following are exceptions to the height requirements of the districts:
A. 
Height regulations of this chapter shall not apply to water towers, church spires, belfries, antennas, chimneys, architectural ornaments, or appurtenances placed above the roof level not intended for human occupancy, although certain height regulations may be in other Borough ordinances.
B. 
The height of any principal building may exceed the maximum permitted height noted in Article IV by one foot for each additional foot by which the side yard setback provided exceeds the relevant minimum side yard setback for the district.
No structure or part of a structure shall be erected within or shall project into any required yard setback except the following:
A. 
Overhanging eaves, gutters, cornices or solar energy collectors not exceeding two feet in width.
B. 
Arbors, trellises, garden sheds, flagpoles, unroofed steps, unroofed patios, awnings, movable canopies, walls and fences.
C. 
Unenclosed fire escapes that extend no more than six feet into any required yard area.
D. 
Ramps and other access aids and appurtenances required to assure ADA access and/or access by persons with mobility limitations.
In districts where permitted, these uses are restricted to those not conducted primarily for gain, although a dining room may be operated for the benefit of club members; provided that no sign advertising the sale of food or beverages will be permitted. Buildings or structures hereafter erected or converted for such uses are subject to all applicable regulations for the zoning district in which they are located.
Punxsutawney Borough may require safeguards to assure compliance with certain environmental standards for nonresidential development. When required, the applicant shall demonstrate that adequate provisions will be made to reduce and minimize any objectionable elements related to this section. Upon request of the Borough, the owner shall furnish or obtain proof, at his own expense, that he/she is in compliance with the following environmental standard:
A. 
Lighting and heat.
(1) 
All lighting shall be shielded and shall not cause a glare beyond the lot boundary.
(2) 
Any operation producing heat shall prevent any effect from the heat beyond the property lines.
(3) 
No flashing or oscillating lights shall be permitted.
(4) 
Lighting that, by reason of intensity, color, location or movement of its beam, may interfere with or abrogate public safety shall not be permitted.
Group homes are facilities intended and allowed as a permitted use in the TND District and a special exception in the R-2 District, subject to the following requirements:
A. 
The number of persons living in such group home shall not exceed two persons per bedroom and shall include at least one on-site support staff member who shall not be included in the maximum number.
B. 
All group home structures should have the appearance of single-family or other traditionally residential structures.
C. 
All group homes shall meet the minimum yard, setback and lot width requirements in the applicable zoning district.
D. 
A group home must be sponsored and operated by a group, organization or corporation licensed by either the county or the state. Proof of licensing shall be submitted with the application for the group home use. Proof of compliance with all applicable county or state regulations shall be furnished to the Zoning Officer.
E. 
No group home shall be located within a radius of 0.5 mile of any other group home.
The minimum habitable floor area of any dwelling unit hereafter established shall conform to the International Property Maintenance Code, which provides for the following minimums for differing types of floor space:
Minimum Area in Square Feet
Space
1 to 2 Occupants
3 to 5 Occupants
6+ Occupants
Living room/area*
No requirements
120
150
Dining room/area*
No requirements
80
100
Bedrooms:
First person
70
70
70
Each additional person
50
50
50
NOTES:
*
Combined living/dining areas shall comply with the total of each as per the table.
A. 
No permits for alterations, additions, reconstruction or rehabilitation to Class I structures, meeting the definition of “impact activities” in the H Overlay District, shall be issued by the Zoning Officer prior to review and issuance of a special exception. Any proposed alteration, addition, reconstruction or rehabilitation meeting the definition of “impact activities” in a Class I structure shall be in substantial compliance with the following:
(1) 
A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces and spatial relationships.
(2) 
The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided.
(3) 
Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.
(4) 
Changes to a property that have acquired historic significance in their own right will be retained and preserved.
(5) 
Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials.
(6) 
Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
(7) 
Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.
(8) 
New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.
(9) 
New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
(10) 
Application procedures. Applications for any proposed alteration, addition, reconstruction or rehabilitation of a Class I building meeting the definition of “impact activities” shall comply with the provisions in this section. The completed application shall be submitted to the Zoning Officer and shall include a written description of the proposed alteration, addition, reconstruction or rehabilitation and, where applicable:
(a) 
A site plan at a scale designated by the Zoning Officer.
(b) 
Schematic drawings of the proposed construction or alterations.
(c) 
A materials list and disposition of existing materials.
B. 
The above will be submitted to the Zoning Hearing Board for review and action as a special exception in accordance with Article VI.
A. 
General requirements. No Class 1 building shall be demolished, removed or otherwise relocated without a special exception in accordance with Article VI. An applicant for a special exception to demolish a Class I building shall submit the required application fee and the required number of copies of the special exception application to the Zoning Officer, who shall forward a copy of the application to the Zoning Hearing Board, that shall include the following:
(1) 
A description of the structural condition of the building proposed to be demolished, removed or relocated;
(2) 
A report from the Borough Code Enforcement Officer indicating the building's status in relation to the Property Maintenance Code;
(3) 
Documentation of costs associated with rehabilitating the property;
(4) 
Recent interior and exterior photographs of the building proposed for demolition, removal or relocation;
(5) 
Documentation that there is no feasibility to continue the current use and other uses permitted within the underlying zoning district, either as permitted uses, special exception uses, or conditional uses, have been denied or are not feasible; and
(6) 
An explanation that adaptive reuse opportunities do not exist due to constraints related to the building proposed to be demolished, removed or relocated or the lot on which it is located.
Home occupations, not meeting the definition of a “no-impact home-based business,” are special exception uses in the R-1 and R-2 Districts and permitted uses in the TND District, subject to the following requirements:
A. 
The home occupation shall be carried on only by residents of the dwelling and/or no more than one employee other than the residents of dwelling. Additional nonresident employees may be approved as part of the special exception.
B. 
The character or external appearance of the dwelling unit or accessory structure must be consistent with the zoning district. No display of products may be shown so as to be visible from outside.
C. 
A sign not larger than two square feet in area shall be permitted and cannot be animated or illuminated by direct light.
D. 
Not more than 35% of the gross floor area of a dwelling unit may be devoted to a home occupation.
E. 
The use will not involve any waste product other than domestic sewage or municipal waste.
F. 
The use is clearly an incidental and secondary use of a residential dwelling unit.
G. 
The use does not require mechanical equipment other than that customarily used for domestic or hobby purposes.
H. 
The use does not generate more than eight vehicles during the average business day and can accommodate parking on site in accordance with § 235-40F.
I. 
The use requires shipments or deliveries by the United States Postal Service or commercial parcel services customarily associated with deliveries and shipments in residential areas.
J. 
The use will not be one that creates dust, heat, glare, smoke, vibration, audible noise, or odors outside the building.
K. 
The home occupation use shall involve the provision of services and shall not involve the sale of goods.
In the case of a lot of record held in single and separate ownership at the effective date of this chapter, the following apply:
A. 
For lots not meeting the minimum area for the district, buildings for permitted uses may be constructed and those for special exceptions may be constructed after approval in accordance with Article VI.
B. 
For lots having unusual depth or width rendering construction in strict accordance with yard requirements of the district, yard requirements may be reduced as a variance under Article VI.
Within the I District, junkyards meeting the definition of this chapter shall be a special exception use, subject to the following requirements:
A. 
The deposit or storage for more than 120 days of two or more motor vehicles not having valid inspection stickers issued by the Pennsylvania Department of Transportation, excluding farm vehicles, or of two or more wrecked or broken vehicles, or the major parts of two or more such vehicles, shall be deemed to make the lot a junkyard.
B. 
No material shall be placed in any junkyard in such a manner that is capable of being transferred out of the junkyard by wind, water, or other natural causes.
C. 
The boundaries of any junkyard shall at all times be clearly delineated by a closed fence.
D. 
All paper, rags, cloth and other fibers, and activities involving the same, other than loading and unloading, shall be kept within fully enclosed buildings.
E. 
The land area used for junkyard purposes shall not be less than 10 acres and shall not be exposed to public view from any public street or road by virtue of its location on a hillside or location on a plateau below street level.
F. 
Screening of the junkyard from neighboring land uses shall, as a minimum, require the following:
(1) 
The junkyard shall be entirely enclosed by a closed fence at least eight feet but no more than 10 feet high, constructed of approved fencing material, with access only through solid gates. Such fence or wall shall be kept in good repair. A brick wall, stockade fence or a chain-link fence with opaque insets that shield the view of the property will meet this requirement.
(2) 
The contents of such junkyard shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed.
(3) 
The fence or wall shall be situated no closer to any street or property line than 25 feet.
G. 
All materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects, or other vermin. When necessary, this shall be accomplished by enclosure in containers, raising of materials above the ground, separation of types of material, preventing the collection of stagnant water, extermination procedures, or other means.
H. 
Fire shall be prevented and hazards avoided by organization and segregation of stored materials, with particular attention to the separation of combustibles from other materials and enclosure of combustibles where necessary by the provision of adequate aisles at least 15 feet for escape and fire fighting, and by other necessary measures.
Mobile home parks are permitted as a special exception in the R-2 and TND Districts, subject to the following provisions:
A. 
General standards.
(1) 
A notice shall be placed on the land development plan stating that it shall be the responsibility of the mobile home park owner to maintain all park facilities, including private streets, sewage disposal facilities, and areas designated as open space.
(2) 
The minimum width of any mobile home lot shall be not less than 75 feet. The minimum length of any mobile home lot shall be not less than 120 feet or equal to the overall length of any mobile home located on the lot plus 30 feet, whichever length is greater. The maximum number of mobile home lots per acre shall be four.
(3) 
Construction and related standards associated with design, foundation systems, skirting and perimeter enclosures, footings and foundations, pier construction/height, anchorage installation and ties/materials installation governing the placement of units in a mobile home park shall conform to the requirements of the International Residential Code.
(4) 
A minimum of two off-street parking spaces per each mobile home lot within the development shall be provided within 200 feet of the lot to be served.
B. 
Setbacks, buffer strips, and screening requirements.
(1) 
All mobile homes, auxiliary park buildings and other park structures shall be located at least 40 feet from the mobile home park boundary lines. The minimum buffer strip may be reduced to 25 feet if a suitable perimeter screening of plantings or fencing is provided and approved as a part of the special exception approval.
(2) 
Mobile homes shall be located at least 50 feet from any auxiliary park buildings and any repair, maintenance or storage areas of buildings.
C. 
Design standards.
(1) 
A mobile home park shall have a gross area of a least five contiguous acres of land.
(2) 
The developer shall provide a minimum of 10% of the gross area of the mobile home park for recreational/open space.
(3) 
Access to mobile home lots within the development shall be provided via an internal street system designed and constructed in accordance with the standards of Chapter 211, Subdivision of Land (SALDO).
(a) 
Developers proposing public dedication of streets within a mobile home park shall submit road design and construction plans which meet the minimum specifications of the Borough as part of the plan submission process. A deed, which dedicates the land to be used as a public street to the municipality, shall be recorded with the final plan.
(b) 
Private streets include all streets or roads not dedicated, accepted, and maintained for public use. Private streets may be permitted and shall conform to the design standards as per the SALDO.
(4) 
Mobile home parks shall be provided with water supply facilities designed and constructed in accordance with the standards of the Department of Environmental Protection and the following regulations:
(a) 
The developer shall construct a system of water mains and connect with such public water supply system where a public water supply with sufficient capacity is available at plat boundary or within 1,000 feet of any section of the mobile home park.
(b) 
If a public water supply system is not available under the conditions stated above, the developer shall provide individual or community wells to serve the mobile home park that shall be approved by the Department of Environmental Protection.
(c) 
Where wells provide a water supply in a mobile home park, at least one test well shall be drilled in the proposed area for each 10 lots, or upon the requirements of the Department of Environmental Protection.
(d) 
All public water systems shall be laid wherever possible in the planting strip on the higher side of the street and constructed in accordance with the standards of the authority, utility company, Department of Environmental Protection or municipal department operating such water mains.
(5) 
Mobile home parks shall be provided with sanitary sewer facilities designed and constructed in accordance with the standards of the Department of Environmental Protection and the following regulations:
(a) 
The developer shall construct a sanitary sewer system and connect with such sewer main and provide lateral connections for each lot where a public sanitary sewer main is available at a plat boundary or within 1,000 feet of any section of the mobile home park.
(b) 
If a public sanitary sewer main is not available under the conditions stated above, the developer shall construct a public or community sewage treatment system as approved by the Department of Environmental Protection.
(c) 
All sanitary sewers shall be constructed and installed according to the standards of the authority or municipal department operating such sewers. Stormwater shall not be permitted to enter sanitary sewers.
(d) 
All phases of construction, including excavation, trench, pipe size, grade, backfill and manholes, shall be in accordance with approved construction drawings and Department of Environmental Protection requirements and shall be inspected by the Borough Engineer, his authorized representative, the authority or the health officer during the entire construction period.
(6) 
In areas where a municipal sewer is planned to be available as per the most recent Act 537 Plan but not yet built, laterals shall be extended to the center of the street or into the right-of-way, and trunk lines shall be provided to the edge of the mobile homes closest to the municipal trunk location and capped. Until such time as a municipal sewer becomes available, a project system must be installed. In the case of a project system, a trunk shall be provided to connect into the municipal system.
(7) 
All phases of construction, including minimum size line, excavation, trench, type of pipe, backfill hydrants, tees and valves, shall be in accordance with approved construction drawings and Department of Environmental Protection standards and shall be inspected by the Borough Engineer, his authorized representative or the authority or agency representative of the utility company during the entire construction period.
A. 
On a corner lot, no structure shall be erected or enlarged and no vegetation shall be planted or maintained which may cause visual obstruction to motorists on any public road.
B. 
Clear sight triangles shall be provided at all street intersections, with documentation provided by the applicant/developer. Within such triangles, no object shall be permitted which obscures vision above the height of 30 inches and below 10 feet, measured from the center-line grade of intersecting streets. Such triangles shall be established from a distance of 50 feet from the point of intersection of the center lines of local and collector streets. For all intersections with arterial streets, triangles shall be established in accordance with the current edition of Geometric Design of Highways and Streets, by the American Association of State Highways and Transportation Officials (AASHTO), that takes factors such as vertical grade, speed limit, number of travel lanes and other factors of the intersecting arterial into account.
A. 
To minimize traffic congestion and hazard, control road access and encourage orderly development of street frontage, the following regulations shall apply:
(1) 
Every building erected or altered shall be on a lot adjacent to a public road or have access to a public road via an approved private road/driveway.
(2) 
Each use with less than 100 feet of road frontage shall not have more than one ingress and egress lane to such road. No use with 100 feet or more of road frontage shall have more than two accessways to any one road for each 300 feet of road frontage. A common access point for two or more uses is encouraged, where practical, to minimize vehicular access points along roads classified as other than local roads.
(3) 
All driveways to any public road shall be located a minimum of 40 feet from any intersection of road center lines.
(4) 
Provision shall be made for safe and efficient ingress and egress to and from public roads, without undue congestion or interference with normal traffic flow. The developer shall be responsible for the design and construction, and the costs thereof, of any necessary traffic control device and/or highway modifications required by the county, the Borough or the Pennsylvania Department of Transportation.
(5) 
The maximum width of driveway entrances and exits onto a public road, measured at the road line and within the road right-of-way, shall be 14 feet for one-way driveways and 28 feet for two-way driveways. The radius of the edge of the driveway apron shall not exceed 25 feet.
B. 
The following internal circulation regulations shall apply to multiple-family residential, commercial and industrial uses, unless otherwise specified:
(1) 
Design of access aisles and drives.
(a) 
Internal drives and service areas shall be designed to prevent blockage of vehicles entering or leaving the site. Drives may be one-way or two-way. Egress to roads classified other than as local roads shall be in a forward direction.
(b) 
Accessways, parking areas and loading areas shall have clearly defined parking bays and circulation designated by markings, curbs, and/or landscaped islands, so that patrons shall not impede traffic as a result of any confusion as to location of entrances and exits.
(c) 
All interior drives and accessways shall be paved with an approved all-weather, cohesive and dust-free surface and shall be graded, properly drained and maintained in a good condition. Interior drives shall have a maximum grade of 8%.
(d) 
Minimum interior drive cartway widths (with no abutting parking):
Use
Two Lane Two-Way Drives
(feet)
One Lane One-Way Drives
(feet)
Multifamily residential
20
12
Commercial/office
22
12
Industrial
26
15
(e) 
Common or shared access driveways to parking and loading areas are permitted and encouraged, provided that landowners submit an agreement of maintenance responsibility.
(2) 
Landscaping/screening requirements. Required off-street parking shall be landscaped and/or screened as summarized below.
(a) 
Paved off-street parking lots for five or more vehicles which are less than 20,000 square feet shall provide either a perimeter landscaped strip at least five feet wide along the boundary of the parking lot, with one shade tree per 40 linear feet and one shrub per three linear feet of frontage, or an opaque architectural barrier.
(b) 
Paved off-street parking lots in excess of 20,000 square feet shall also meet the following standards:
[1] 
Minimum perimeter planting strips of eight feet between the parking lot and all lot lines to be planted with one hardwood or coniferous tree or combination thereof per each two parking spaces.
[2] 
A minimum of 8% of the total interior parking area shall be devoted to interior planting strips to be maintained in trees, shrubbery, annual plants or similar pervious dust- and mud-free material. Interior landscaping may include islands and/or peninsulas within the parking area, each having a minimum of 18 square feet, with shade trees and shrubs prepared at the discretion of the developer.
(c) 
Any vegetative feature required for landscaping and/or screening requirements shall be replaced if it dies.
(3) 
Fire lane easements. Any use or building located more than 600 feet from a road shall provide a dedicated fire lane easement consisting of an unobstructed right-of-way width of 30 feet.
C. 
For loading and unloading requirements in connection with any use, building or structure which requires the receipt or distribution of materials by trucks or similar vehicles, there shall be provided a sufficient number of off-street loading and unloading berths in accordance with the following requirements:
(1) 
Location. Loading and unloading areas shall not be located between the front building setback line and the street line or within 10 feet of any adjoining lot line abutting a dwelling, R-1 or R-2 District, or platted residential lot.
(2) 
Loading facilities shall be screened in accordance with Subsection D.
(3) 
Space allowed. Space allowed to any off-street loading berth may be used to satisfy no more than 50% of the space requirements for off-street parking.
(4) 
Loading and unloading space shall be at least 10 feet wide, 20 feet in length, with 14 feet of vertical clearance, and shall have an adequate maneuvering area.
(5) 
Surface. Loading and unloading areas shall have an all-weather, cohesive and dust-free surface.
(6) 
Minimum requirements. Each new use or change in use shall provide the following:
Use
Gross Floor Area
(square feet)
Minimum Number of Spaces
Commercial and industrial
Under 8,000
1
8,000 to 40,000
2
40,001 to 250,000
3
Each additional 200,000
1
Offices and multifamily housing
Under 100,000
1
100,000 to 300,000
2
Over 300,000
3
D. 
Off-street parking requirements are subject to the following:
(1) 
Off-street parking facilities shall be provided whenever a building is constructed or a new use is established in an existing building, or an existing building has a change in use.
(2) 
Off-street parking facilities existing at the effective date of this chapter shall not be reduced to an amount less than that required under this chapter for a similar new building or use.
(3) 
Land use issues.
(a) 
Off-street parking shall be an accessory use solely for the parking of patrons, occupants and/or employees.
(b) 
No motor vehicle repair work of any kind, except emergency service, shall be permitted within parking lots.
(4) 
Location.
(a) 
All parking spaces shall be on the same lot as the principal building or on an abutting lot of record. Parking spaces may be located within a structure or in the open.
(b) 
The parking spaces may be located elsewhere than on the same lot when authorized by the Zoning Hearing Board, subject to some portion of the off-street parking area being within 300 feet of an entrance regularly used by patrons.
(c) 
For all residential dwellings, the parking spaces shall be within 100 feet of the dwelling unit they serve.
(d) 
Parking areas requiring direct access to a municipal street shall required a curb cut approved by the Borough, while those having direct access to a state highway shall be subject to PennDOT highway occupancy requirements.
(5) 
Size and design of parking lots.
(a) 
In the layout of parking lots, minimum parking stall dimensions shall be 20 feet in length and 10 feet in width. Angled parking spaces shall be no less than nine feet by 18 feet.
[Amended 5-10-2010 by Ord. No. 1098]
(b) 
Parking lots shall be landscaped in accordance with this § 235-40.
(c) 
Parking lots for commercial and industrial uses and for multifamily dwellings shall be illuminated at night.
(d) 
Parking lots/areas for all commercial uses, light industrial uses, multifamily dwellings and all uses other than single- and two-family dwellings shall be paved and have an all-weather, cohesive and dust-free surface.
(e) 
Parking lots shall have a minimum slope of 1% and a maximum slope of 5%. Stormwater runoff shall not be directed across pedestrian walkways or other lots.
E. 
Handicapped parking. This subsection shall apply to projects where parking is provided, including commercial, industrial, office, institutional, multifamily residential and educational uses.
(1) 
The number and location of handicapped accessible parking spaces shall conform to the requirements of the International Building Code. Specific numbers of spaces from this code are as follows:
Total Parking Spaces Required for Use
Required Minimum Accessible Spaces
1 to 25
1
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1,000
2% of total
More than 1,000
20, plus 1 per each 100 over 1,000
(2) 
Dimensions and design standards for handicapped accessible spaces/access aisles shall conform to the requirements of the International Code Council (ICC) and American National Standards Institute (ANSI), as per ICC/ANSI A117.1-1998 (Chapter 5), as periodically amended and updated. The minimum width of car/van parking spaces shall be 96 inches, and they shall have an adjacent access aisle with dimensions as outlined in the referenced ICC/ANSI publication.
(3) 
Other requirements. Said spaces shall be most accessible and approximate to the building or buildings that the parking spaces shall serve. Each space shall be identified with a clearly visible marking displaying the international symbol.
F. 
Specific off-street parking requirements for various uses in each district shall be as follows:
Summary of Parking Requirements
Use
Parking Space Requirement
Banks and financial
1 space per 300 square feet of gross floor area, plus a 3-space reservoir area at each drive-in window and/or ATM
Barber- and beauty shops
2 spaces per shop, plus 1 1/2 spaces per chair
Day-care facilities
1 space per employee, plus a dropoff area equating to 1 space per 6 children/clients
Doctor/dental office
4 spaces per doctor/dentist, plus 1 space per employee
Eating and drinking establishments
1 parking space for every 2 1/2 seats for patron use and 1 space for each employee
Eating establishment, drive-in
1 space for every 50 square feet of gross floor area and 1 space for each employee, plus a 3-space reservoir area at each drive-in window
Educational facilities
3 spaces per classroom, plus 1 space per employee (in addition to spaces for auditoriums above)
Furniture store
1 space per 1,000 square feet of gross floor area
Golf courses/ranges
1 space per 4 holes/stalls and 1 space per employee
Home occupations
2 spaces in addition to the residential parking requirement
Hospital/clinic
3 spaces per bed
Houses of worship/auditorium/assembly halls/theaters
1 space for every 4 seats
Indoor recreation/health clubs
1 space for every 100 square feet of gross floor area
Industrial uses
1.5 spaces for every 2 employees on the largest shift, plus 5 for visitors
Motels, hotels, bed-and-breakfasts and guest homes
1 space for each unit and 1 space for each employee on the largest shift
Nursing/personal care home
1 space for every 3 beds, plus 1 space per employee on the largest shift
Office buildings and professional offices (not medical/dental)
1 space for each 300 square feet of floor area
Parks and outdoor recreation
1 space for every 4 persons of design capacity
Residential
Single-/two-family
2 spaces per dwelling unit
Multifamily/conversion apartments
1.5 spaces per dwelling unit
Retail/commercial (not otherwise classified)
1 space per 300 square feet of gross floor area used for sales purposes
Self-service storage
1 space per 2,000 square feet of gross floor area
Senior housing, multifamily
[Added 5-10-2010 by Ord. No. 1098]
0.5 spaces per dwelling unit
Service stations and vehicle repair
2 spaces per repair bay and 1 space per employee
Shopping centers/malls
1 space for each 350 square feet of floor space used for sales purpose
Social halls, clubs and fraternal organizations
1 space per 200 square feet of gross floor area
Supermarkets and food stores
1 space for every 200 square feet of gross floor area used for sales purposes
It is the intent of the screening provisions to provide visual and auditory separation between potentially incongruous land uses. It is a further intent of the following provisions to provide flexibility to the developer or property owner to create effective concealment through the performance design requirements below.
A. 
Screening.
(1) 
Screening requirements shall be applicable under the following circumstances:
(a) 
A proposed nonresidential use abuts an existing residential use or residential district.
(b) 
A proposed multifamily residential building abuts an existing residential use or district.
(c) 
Mobile home parks shall be screened along their entire perimeter, as specified in § 235-38.
(d) 
Any other instance where screening is required by this chapter, or deemed necessary by the Zoning Hearing Board in relation to special exceptions and variances.
(2) 
Screening is not required if the features to be screened are set back 300 feet or more from the lot line along which screening would otherwise be required.
B. 
In addition to the zoning district boundary areas described above, the following land development features shall be screened on the lot for which development is proposed:
(1) 
Loading and unloading areas.
(2) 
Parking lots for five or more vehicles.
(3) 
Storage of products or raw materials.
(4) 
Mechanical equipment, vents, fans, and similar appurtenances.
(5) 
Garbage dumpsters.
C. 
Site and district requirements.
(1) 
Required screening shall occur on the perimeter of the lot unless additional screening is otherwise required by approvals under this chapter and/or other regulations and ordinances.
(2) 
Screening may be interrupted for necessary driveways to the street, provided that a gap in the screening does not exceed 30 feet.
D. 
Effective screening may be accomplished through the use of one or more of the following methods:
(1) 
Placement of features to be screened behind an existing or proposed landform or berm.
(2) 
Use of existing or proposed 90% opaque architectural fence or barrier.
(3) 
Use of existing woody vegetation masses such as hedges, woodlands and hedgerows, provided that they are preserved intact during construction on the site.
(4) 
Proposed woody vegetation plantings such as trees and shrubs.
E. 
Buffer/screen width.
(1) 
Buffer/screen width located between divergent land uses shall be in response to the degree of land use conflict. The width shall be as follows:
(a) 
A minimum buffer of eight feet in width is required where any proposed commercial and/or industrial uses abut the existing residential dwellings/district/platted lot, when a multifamily residential use abuts the R-1 or R-2 District, and for required off-street parking areas in excess of 20,000 square feet.
(b) 
A planted buffer of 15 feet in width is required between any other incongruous land uses so deemed by the Zoning Hearing Board, as applicable for the specific special exception use or variance.
(c) 
The width of the buffer may be reduced by means of employing other methods as noted in section Subsection D above, as approved by the Zoning Officer (for permitted uses) and the Zoning Hearing Board (for variances, special exceptions and appeals).
(2) 
To meet the above screening requirements in part or in whole, existing wood lots and hedgerows should be utilized, if they exist.
F. 
The following design standards shall guide the design of the buffer:
(1) 
For areas requiring a screen width of more than eight feet, a tree plantation or a combination of trees and shrubs is required.
(2) 
Where trees are proposed for screening, at least one tree that normally achieves a height greater than 30 feet shall be planted for every 20 linear feet of distance required to be screened. Any resulting fraction of this division shall be rounded up to the next whole number. Location of the required trees is flexible.
(3) 
Where proposed shrubs are used, the maximum distance between plant centers shall be eight feet.
(4) 
At a minimum, screening shall be of sufficient height and density to constitute a continuous opaque screen in summer months to a height of six feet within a period of three years of planting.
(5) 
Proposed trees and shrubs shall be healthy, typical of their species, and have normal growth habits with well-developed branches and vigorous root systems.
G. 
The following performance standards affect the design and requirement of screening:
(1) 
The developer is encouraged to consider placing improvements on the land in a manner that would lessen the extent and cost of required screening. Examples of sensitive design include the following:
(a) 
Situating development in or behind existing vegetation such as woodlots or hedgerows.
(b) 
Consolidating or clustering development in the smallest possible land area.
(c) 
Situating development far from the lot line.
(d) 
Situating development behind landform crests.
(2) 
To assure compliance with screening requirements, the applicant shall provide a screening plan to enable the Borough to assess whether proposed screening will create an effective buffer at necessary points. The screening plan shall be drawn to scale, and proposed plants shall be indicated, including type, quantity, size at planting time, and spacing, and may include any one of the following:
(a) 
Plot plan with view analysis;
(b) 
Landscaping and grading plan;
(c) 
Topographic profiles and cross sections; or
(d) 
Photographic evidence.
H. 
The following maintenance requirements apply to all screening/buffering:
(1) 
Any tree or shrub planted for screening purposes that dies shall be replaced.
(2) 
Any fence, wall or other architectural method utilized for screening shall be maintained in a structurally sound condition, and the surfaces facing the lot line shall be maintained for an attractive appearance.
(3) 
Any landform or existing vegetation mass approved for screening shall not be altered or otherwise developed, except for usual maintenance.
(4) 
The owner shall be responsible for continual maintenance of the screening. A note on the application or site plans shall indicate this and shall be signed by the applicant.
[Amended 9-13-2010 by Ord. No. 1104; 6-9-2014 by Ord. No. 1131]
A. 
Compliance required. Signs may be erected and maintained only when in compliance with the provisions of this article and any and all ordinances and regulations relating to the erection, alteration or maintenance of signs and similar devices.
B. 
Signs in residence districts. The following types of signs and no others shall be permitted in Residential 1 and Residential 2 Districts, and all signs shall be subject to Subsection E hereof:
(1) 
Nonilluminated signs advertising the sale or rental of the premises upon which they are erected, when erected by the owner or broker or any other persons interested in the sale or rental of such premises, may be erected and maintained, provided that:
(a) 
The size of any such sign is not in excess of six square feet.
(b) 
Not more than two signs are placed upon any property in single and separate ownership, unless such property fronts upon more than one street, in which event two such signs may be erected on each frontage.
(2) 
Nonilluminated signs indicating the location and direction of premises available for or in process of development, but not erected upon such premises, and having inscribed thereon the name of the owner, developer, builder or agent may be erected and maintained, provided that:
(a) 
The size of any such sign is not in excess of six square feet and not in excess of four feet in length.
(b) 
Not more than one such sign is erected on each 500 feet of street frontage.
(3) 
Signs bearing the word "sold" or the word "rented," with the name of the persons effecting the sale or rental, may be erected and maintained, provided that the conditions in Subsection B(1) hereof are complied with.
(4) 
Signs of mechanics, painters and other artisans may be erected and maintained during the period such persons are performing work on the premises on which such signs are erected, provided that:
(a) 
The size thereof is not in excess of 12 square feet.
(b) 
Such signs are removed promptly upon completion of the work.
(5) 
Trespassing signs or signs indicating the private nature of a driveway or property may be erected and maintained, provided that the size of any sign shall not exceed two square feet.
(6) 
Signs of schools, colleges, churches, hospitals, sanitariums or other institutions of a similar nature may be erected and maintained, provided that:
(a) 
The size of any such sign is not in excess of 40 square feet.
(b) 
Not more than two signs are placed on a property in single and separate ownership, unless such property fronts upon more than one street, in which event two such signs may be erected on each frontage.
(7) 
Nonilluminated signs advertising existing nonconforming uses shall not be larger than two square feet, bearing the name and the occupation of the practitioner. Only one such sign per dwelling unit shall be permitted, unless such property fronts upon more than one street, in which event one such sign may be erected on each frontage.
(8) 
Signs advertising the sale of farm products, when permitted by this chapter, may be erected and maintained, provided that:
(a) 
The size of any such sign is not in excess of six square feet.
(b) 
Not more than two signs are used.
(c) 
The signs shall be displayed only when products are on sale.
(9) 
Signs designating entrances or exits to or from a parking area shall be permitted and shall be limited to one sign for each such exit or entrance and to a maximum size of two square feet each. One sign per parking area designating the conditions of use or identity of such parking area and limited to a maximum size of nine square feet shall be permitted, provided that, on a corner lot, two such signs shall be permitted, one facing each street. Such signs may be illuminated, provided that the light is directed away from adjoining premises.
C. 
Business identification and advertising signs.
(1) 
Advertising signs and signs bearing the name of the occupant and products manufactured, processed, sold or displayed may be erected and maintained on the premises. The size of business identification and advertising signs shall not be restricted; however, all general regulations in Subsection D shall apply to such signs.
(2) 
Signs in TND Districts, for uses approved in § 235-13A and B, shall not exceed 12 square feet. If lighting is used, it must be turned off by 9:00 p.m.
D. 
General regulations pertaining to all signs. The following regulations shall apply to all permitted sign uses:
(1) 
The signs must be constructed of durable material, maintained in good condition and not allowed to become dilapidated. Signs exceeding 40 square feet and projecting signs over 20 square feet shall be made of noncombustible material.
(2) 
No sign shall be placed in such a position that it will cause danger to traffic on a street by obscuring the view.
(3) 
No sign, other than an official traffic sign, shall be erected within the lines of any street, unless authorized by the municipal governing body for a special purpose.
(4) 
No sign shall project over a public sidewalk and street area more than 12 inches.
(5) 
Overhead signs shall be at least 10 feet high, measured from the ground or pavement to the bottommost part of the sign.
(6) 
No permit shall be required for the erection, alteration or maintenance of any signs as permitted in Subsection B, Signs in residence districts.
(7) 
A permit shall be required for the erection or alteration of advertising signs and business identification signs.
(8) 
Each sign shall be removed when the circumstances leading to its erection no longer apply.
(9) 
In all districts, only those signs, advertising signs and business identification signs referring directly to materials or products made, sold or displayed on the premises shall be permitted. Such signs shall comply with all other requirements, as stated herein, for the district in which they are erected.
(10) 
Sandwich board signs. One portable double-sided sign per business may be permitted with dimensions no greater than 24 inches by 36 inches, displayed during regular business hours of the business/event being advertised allowing uninhibited and adequate clearance for pedestrians. Sandwich board signs will be placed out of the traffic area for pedestrians and only one sandwich board sign per property. No permit is required for this sign.
(11) 
Interior window signs: must comply with Subsection F.
E. 
Off-premises signs. No more than one off-premises sign shall be permitted as long as it conforms to all existing regulations of the sign ordinance with prior permission of the site's owner and approval of the Borough Council. This will not apply to the display of sponsorship signs, placards or banners placed at recreational and sports facilities, or in Barclay Square or at events for nonprofit organizations.
F. 
Prohibited signs. No flashing, oscillating signs shall be permitted. Any sign, by reason of its intensity, color, location or movement, that may interfere with traffic lights, signals or other controls shall not be permitted in any district. Signs shall not contain moving mechanical parts or use flashing or intermittent illumination. The source of light shall be steady and stationary.
G. 
Provisions applicable to all districts.
(1) 
Billboards. Billboards are prohibited in all districts.
(2) 
Existing nonconforming signs. Existing nonconforming signs may be replaced as long as the new sign is the same size or smaller.
Private swimming pools are permitted as accessory uses, subject to the following requirements:
A. 
The pool shall be intended and shall be used solely for the enjoyment of the occupants and their guests of the principal use of the property.
B. 
The pool shall be located in either the rear or side yard of the property.
C. 
All in-ground pools that are installed to be permanent shall be fenced with a locked gate or otherwise protected so as to prevent uncontrolled access from the street or adjacent properties.
D. 
All pools shall have a fence barrier of at least four feet for aboveground and five feet for in-ground pools and shall be maintained in structurally sound condition.
E. 
Pools shall conform with other locational, barrier, pedestrian gate, wiring and other applicable requirements as per the Uniform Construction Code.
Automobile repair garages, including paint spraying and body and fender work, may be a permitted use in the H-C District and a special exception in the T-C District, subject to the following requirements:
A. 
Stored vehicles, parts, equipment, etc., that are stored in an area enclosed by a solid wall or fence shall not extend above the height of the wall or fence.
B. 
All repair and paint work shall be performed within an enclosed building.
C. 
No junk vehicles in a state of disassembly may be stored in the open for a period of longer than 90 days.
D. 
Fuel pumps, lubricating devices and other dispensing devices shall be located no closer than 25 feet from any public right-of-way.
All solid walls and fences shall not exceed six feet in height, with the exception of the following:
A. 
Retaining wall or part of a building wall approved as part of an Borough approved application for construction;
B. 
Open ornamental fences in the R-1, R-2, T-C and TND Districts.
C. 
Fences and walls along the front lot line in R-1 and R-2 Districts shall be limited to open fences at a height not to exceed four feet.