A. 
Frontage required onto improved street. Each proposed new lot, each land development and each proposed principal building shall be on a lot which directly abuts a public street, a street proposed to be dedicated to the Borough by the subdivision plan which created or creates such lot, or a private street which meets all of the requirements of Chapter 220, Subdivision and Land Development. In the case of townhouses, manufactured/mobile home park, or apartments, each unit may have access onto a parking court which then has access onto a public or private street meeting Borough standards.
B. 
Number of principal uses and principal buildings per lot.
(1) 
A lot in a commercial or industrial district may include more than one permitted principal use per lot and/or more than one permitted principal building per lot, provided that all of the requirements are met for each use and each building. If differing dimensional requirements apply for different uses on the lot, then the most restrictive requirement shall apply.
(a) 
For example, if use one requires a one acre lot area and use two on the same lot requires a two acre lot area, then the lot shall have a minimum lot area of two acres.
(b) 
The applicant shall submit a site plan that demonstrates that each structure would meet the requirements of this chapter.
(c) 
The uses and buildings shall be in common ownership. However, a condominium form of ownership of individual buildings, with a legally binding property-owners association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Borough Solicitor, that there will be appropriate legal mechanisms in place.
(2) 
A lot within a residential district shall not include more than one principal use and shall not include more than one principal building unless specifically permitted by this chapter.
(a) 
A manufactured/mobile home park, condominium residential development or apartment development may include more than one principal building per lot, provided all other requirements of this chapter are met. A condominium form of ownership of individual dwelling units, with a legally binding homeowners' association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Borough Solicitor, that there will be appropriate legal mechanisms in place and compliance with applicable state law.
C. 
Minimum size of dwellings. Each dwelling unit shall include a minimum of 600 square feet of enclosed habitable, indoor, heated floor area, which shall be primarily above the ground level.
D. 
Maximum occupancy. No recreational vehicle shall be occupied on a lot for more than 30 days in a calendar year, except as may be approved within a campground with suitable central water and sewage service. No mobile/manufactured home shall be occupied on a lot as a dwelling unless it meets all of the requirements for a dwelling.
The maximum structure height specified for each district shall not apply to: antenna that meet the requirements of this chapter, water towers, clock or bell towers, steeples and religious symbols attached to places of worship, electrical transmission lines, elevator shafts, windmills, skylights, chimneys, heating/ventilation/air conditional equipment, industrial mechanical equipment areas that are not occupied by humans, or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy. See also the definition of "height" in § 255-26 and provisions in § 255-33B.
A. 
In general.
(1) 
No lot, structure or use shall be created or developed in such a way that it would result in another lot, building or use not being able to meet the requirements of this chapter. This includes, but is not limited to: setback areas, non-impervious areas and off-street parking areas.
(2) 
Emergency access. All uses and structures shall have adequate provisions for access by emergency vehicles and fire ladders. Such access shall be maintained in a passable condition by the owner of the lot, or where applicable by the property-owner association.
B. 
Exceptions to minimum lot areas, lot widths and yards.
(1) 
Corner lots. For a corner lot, each yard that abuts a public street shall be considered a front yard and meet the requirements for minimum depth of a front yard. See definition of "lot, corner" in § 255-26.
(2) 
Projections into required yards.
(a) 
Cornices, eaves, roof overhangs, sills or other similar architectural features, exterior stairways, unenclosed fire escapes or other required means of egress, rain leads, chimneys, outside doors for basement access, window awnings, chaise for heating pipes or other similar structures that do not include space usable by persons may extend or project into a required yard not more than three feet, except as may be required within a drainage or utility easement.
(b) 
Steps, stoops, fire escapes, handicapped ramps, and landings necessary to provide entrance to a building may be located within a required setback area.
(c) 
For decks and porches, see § 255-33.
(3) 
Lot widths around curves. Around the bulb of a cul-de-sac street or on the outside of the curve of a street with a radius of less than 150 feet, the minimum lot width at the minimum building setback line may be reduced to 60% of the width that would otherwise be required.
C. 
Sight clearance at intersections. At the intersection of two streets, a clear sight triangle shall be provided. Within this triangle, no visual obstructions shall be allowed between the height of three feet and 10 feet above the ground level, except for utility posts, mailboxes, single sign posts and the trunks of canopy trees. The triangle shall be measured along the center line of the right-of-way line of the streets. Each leg of the triangle shall be measured 75 feet from the intersection of the center lines of the streets. A third, longer leg shall connect the two legs along the center lines to form the triangle.
(1) 
However, in place of the above sight triangle, where a local street intersects an arterial or collector street with a stop sign only at the local street, the leg of the triangle along the arterial or collector street shall be increased to 250 feet and the leg along the local street shall be decreased to 20 feet beyond the right-of-way of the arterial street.
(2) 
The clear sight triangle shall be kept free of such obstructions in perpetuity.
D. 
Bufferyards. Bufferyards and plant screening complying with the following standards shall be required under the following situations, unless a more restrictive provision is established by another section of this chapter:
(1) 
A minimum thirty-foot-wide bufferyard with plant screening shall be required along the rear and side lot lines of any lot used principally for principal nonresidential purposes that is contiguous to a lot occupied by an existing principal dwelling or an undeveloped residentially zoned lot.
(a) 
If a principal business use will include areas used for manufacturing or will have a loading dock that will be routinely serviced by two or more tractor-trailer trucks or refrigerated trucks, then the minimum bufferyard width along such manufacturing area and/or loading dock shall be increased to 70 feet, and the minimum initial height of plantings shall be increased to six feet.
(b) 
If a dwelling will be on the same lot as a principal business use, then a bufferyard shall not be required by this section.
(c) 
A ten-foot minimum bufferyard with landscaped screening shall be required where a subdivision or land development of new dwellings will have rear yards abutting a public street.
(d) 
A bufferyard is also required to be provided by the following if they are abutting and visible from a public street:
[1] 
Along lot lines and street rights-of-way of any newly developed or expanded outdoor industrial storage or loading area; or
[2] 
Along lot lines and street rights-of-way of any newly developed or expanded area routinely used for the overnight parking of two or more tractor-trailer trucks or trailers of tractor-trailers.
(2) 
A required yard may overlap a required bufferyard, provided the requirement for each is met. The bufferyard shall be measured from the district boundary line, street right-of-way line or lot line, whichever is applicable. Required plantings shall not be placed within the right-of-way, except that the Borough may allow deciduous canopy trees.
(3) 
The buffer yard shall be a landscaped area free of structures, dumpsters, commercial or industrial storage or display, signs, manufacturing or processing activity, materials, loading and unloading areas or vehicle parking or display.
(4) 
Fence. Any wall or fence in a buffer yard shall be placed on the inside (nonresidential side) of any required plant screening. If a fence in a buffer yard has one side that is more finished or smoother than the other side, the more finished or smoother side shall face the outside of the bufferyard.
(5) 
Each planting screen shall meet the following requirements:
(a) 
Plant materials needed to form the visual screen shall have a minimum height when planted of four feet. In addition, an average of one deciduous shade tree, with a minimum trunk diameter of two inches measured six inches above the finished ground level, shall be placed for each 50 feet of length of the bufferyard. The shade trees may be clustered or spaced unevenly.
(b) 
Plants needed to form the visual screen shall be of such species, spacing and size as can reasonably be expected to produce within three years a mostly solid year-round visual screen at least six feet in height.
(c) 
The plant screen shall be placed so that at maturity the plants will not obstruct a street or sidewalk.
(d) 
The plant visual screen shall extend the full length of the lot line, except for: Borough-approved points of approximately perpendicular vehicle or pedestrian ingress and egress to the lot; locations necessary to comply with safe sight distance requirements where the plantings cannot feasibly be moved further back; and locations needed to meet other specific state, Borough and utility requirements, such as stormwater swales.
(e) 
American arborvitae and similar weak-stem plants shall not be used to meet the bufferyard requirements. A monotonous straight row of the same species is discouraged. A more naturalistic form of planting is encouraged with a mix of species. If more than 20 evergreen plants are proposed, no more than 50% shall be of one species.
(f) 
Evergreen trees should be planted at diagonal offsets so that there is room for future growth of the trees.
(g) 
The plant screening shall primarily use evergreen trees.
(h) 
If existing healthy trees with a trunk diameter of six inches or greater (measured 4.5 feet above the ground level) exist within the buffer yard, they shall be preserved to the maximum extent feasible. The Zoning Officer may certify that preserving existing mature trees and shrubs within the buffer yard will meet the same purposes as the new plant screening. In such case, part or all of the new plant screening may be waived in writing by the Zoning Officer.
(i) 
The use of earth berms in combination with landscaping is encouraged within buffer yards to provide additional protection to dwellings and residential areas. An earth berm may be required as a condition of a conditional or special exception use approval.
(6) 
Bufferyard plans.
(a) 
Prior to the issuance of a permit under this chapter where a bufferyard would be required, and on any required subdivision or land development plan, the applicant shall submit plans showing:
[1] 
The location and arrangement of each bufferyard;
[2] 
The placement, general selection of species and initial size of all plant materials; and
[3] 
The placement, size, materials and type of all fences to be placed in such bufferyard.
A. 
Any part of a commercial, industrial, institutional or apartment lot which is not used for structures, loading areas, parking spaces and aisles, sidewalks and designated storage areas shall be provided with an all-season, well-maintained vegetative ground cover, and shall be landscaped with trees and shrubs. Landscaped areas shall be kept free of debris, rubbish and noxious weeds.
B. 
See also the bufferyard provisions in § 255-66.
C. 
Street trees. As part of the creation of a new lot or the construction of a new principal nonresidential building, or development of parking area for six or more parking spaces, deciduous shade street trees shall be planted between such lot lines, building and/or parking area and any adjacent public street(s). This requirement shall not apply along street segments where existing healthy trees will be preserved and protected during construction that will serve the same purpose.
(1) 
Number. A minimum average of one such tree shall be planted for each 50 feet of length of street right-of-way around the lot.
(2) 
Location. Such trees shall be placed immediately outside of the street right-of-way, or an alternative location acceptable to the Borough Council.
(3) 
Ordinance. Such street trees shall be planted in a manner approved by the Borough Engineer to avoid conflicts with sidewalks and utilities.
(4) 
Buffer. Where shade trees may be required under the bufferyard provisions, the same tree may be used to count towards both requirements.
(5) 
The street trees shall meet the requirements of § 255-67D.
(6) 
This requirement for street trees shall not apply for an agricultural or single-family detached residential lot of more than three acres.
D. 
Parking lot landscaping.
(1) 
A minimum of one deciduous tree shall be required for every 15 new off-street parking spaces.
(2) 
If a lot will include 30 or more new parking spaces, landscaped islands shall be provided within auto parking areas. Otherwise, the trees may be planted around the parking area.
(3) 
Deciduous trees required by this section shall meet the following standards:
(a) 
Type of trees permitted. Required trees shall be chosen from the following list of approved street trees, unless the applicant proves to the satisfaction of the Borough Shade Tree Commission or Zoning Officer that another type of tree would shade paved areas, be resistant to disease, road salt and air pollution and be attractive.
Permitted Types of Deciduous Trees
Acer rubrum — Red maple
Acer saccharum — Sugar maple
Carpinus betulus — European hornbeam
Celtis occidentalis — Common hackberry
Fagus sylvatica — European beech
Fraxinus americana — White ash
Fraxinus Pennsylvania — Green ash
Ginkgo biloba fastigiata — Maidenhair tree (male only; female has noxious odor)
Gleditsia triacanthos — Thornless locust
Liriodendron tulipifera — Tulip poplar
Ostrya virginiana — Hop hornbeam
Quercus — All species of oaks
Sophora japonica — Scholar tree/Pagoda tree
Tilia americana — American linden
Tilia cordata — Littleleaf linden
Tilia euchlora — Crimean linden
Tilia petiolaris — Silver linden
Ulmus hybrids — Homestead or Sapporo Autumn Gold
Ulmus parviflora — Chinese or Lacebark elm, not including Siberian elm
Zelkova serrata — Zelkova
NOTE: This chapter only regulates the species of trees that are used to meet requirements of the Borough. The species of trees that are not required by Borough ordinances are not regulated.
(b) 
Quality of trees. Required trees shall be of symmetrical growth and free of insect pests and disease.
(c) 
Minimum size. The trunk diameter (measured at a height of six inches above the finished grade level) shall be a minimum of two inches or greater.
(d) 
Planting and maintenance. Required trees shall be:
[1] 
Planted in conformance with good landscaping practices, with adequate unpaved surface around each for water and air; and
[2] 
Properly protected by curbs, curbstops, distance or other devices from damage from vehicles.
E. 
Parking lot landscaping. A minimum vegetative area shall be provided that includes at least a four-foot minimum radius around all sides of the trunk of each required deciduous tree within or adjacent to a parking lot.
F. 
Review and approval. Where landscaping is required by this chapter, the applicant shall submit a landscaping plan, in addition to a site plan, showing proposed initial sizes, locations and species of plantings.
G. 
Landscape maintenance. All shade tree, bufferyard and other landscaping required by this chapter shall be perpetually maintained by the property owner. Any landscaping needed to meet an ordinance requirement that dies, is removed, or is severely damaged shall be replaced by the current property owner, on a one-to-one basis, as soon as is practical considering growing seasons, within a maximum of 150 days.
H. 
Stormwater basin landscaping. The following requirements shall apply to landscaping within and around stormwater management basins covering more than 20,000 square feet in land area:
(1) 
All areas of stormwater management basins, including basin floors, side slopes, berms, impoundment structures, or other earth structures, shall be planted with suitable vegetation, such as meadow plantings or grasses specifically suited for stormwater basins.
(2) 
Trees and shrubs shall be planted around stormwater basins. However, trees and shrubs shall not be planted in locations that would interfere with the function of the basin, such as within 30 feet from the outlet/drain structure, emergency spillway or dam. A minimum average of two trees and 10 shrubs shall be required to be planted around the basin for every 100 linear feet of basin perimeter. Such perimeter shall be measured at the elevation of the top of the berm. Such trees and shrubs shall be in addition to other Borough requirements. Trees shall have an initial trunk diameter of two inches, measured six inches above the ground. Shrubs shall have an initial height of four feet.
(3) 
Natural ground cover plant species shall be planted in the floors and slopes of the basin. These ground covers may include wildflowers, meadows or nonaggressive grasses. Species shall be chosen that are suitable for the expected wetness of various portions of the basin. The plantings shall provide a continuous cover over all earth areas of the basin. The plantings shall not interfere with the proper functioning of the basin, in the determination of the Borough Engineer.
(4) 
Lawn grass areas may be sodded or hydroseeded to minimize erosion during the establishment period. Once established, turfgrass areas on non-wet areas of the basin shall be maintained at a height of not more than eight inches.
(5) 
To the maximum extent feasible, stormwater basins shall be designed with slopes that blend with the surrounding topography. Areas intended to be mowed shall have a maximum slope of 3:1.
A. 
Proof and registration of nonconformities. It shall be the responsibility of, with the burden of proof upon, a party asserting a nonconformity to provide the evidence that it is lawful. A property owner may request a written statement of nonconformity from the Zoning Officer after providing sufficient evidence.
B. 
Continuation of nonconformities.
(1) 
A lawful nonconforming use, structure or lot as defined by this chapter may be continued and may be sold and continued by new owners.
(2) 
Any expansion of, construction upon or change in use of a nonconformity shall only occur in conformance with this section.
(3) 
If an existing use was not lawfully established, it shall not have any right to continue as a nonconforming use.
C. 
Expansion of or construction upon nonconformities. The following shall apply, unless the structure is approved under Subsection D.
(1) 
Nonconforming structure.
(a) 
The Zoning Officer shall permit a nonconforming structure to be reconstructed or expanded provided:
[1] 
That such action will not increase the severity or amount of the nonconformity (such as the area of the building extending into the required yard) or create any new nonconformity; and
[2] 
That any expanded area will comply with the applicable setbacks in that district and other requirements of this chapter, except as may be allowed under Subsection C(1)(c) below.
(b) 
In the case of a nonconforming structure which is used by a nonconforming use, any expansion shall also meet the requirements of this section regarding nonconforming uses.
(c) 
As a special exception, the Zoning Hearing Board may approve a reduction of up to 50% in a side or rear setback for an existing dwelling if the applicant proves such setback is necessary to allow a customary addition of such dwelling or a replacement of an existing undersized dwelling with a new dwelling. This subsection shall not allow a reduction in setback to increase the number of dwelling units on the lot, except for a unit for care of relative.
(2) 
Nonconforming lots.
(a) 
Permitted construction on a nonconforming lot. A single permitted-by-right principal use and its customary accessory uses may be constructed, reconstructed or expanded on a nonconforming lot, provided all of the following additional requirements are met:
[1] 
The lot must be a lawful nonconforming lot of record;
[2] 
Minimum setback requirements shall be met;
[3] 
State and federal wetland regulations shall be met;
[4] 
If a septic or well is used, the requirements for such shall be met.
(b) 
Lot width. The fact that an existing lawful lot of record does not meet the minimum lot width requirements of this chapter shall not by itself cause such lot to be considered to be a nonconforming lot.
(3) 
Expansion of a nonconforming nonresidential use. A nonconforming use or a building used by a nonconforming use shall not be expanded, except in accordance with the following provisions:
(a) 
An expansion of more than 5% in total building floor area shall require special exception approval from the Zoning Hearing Board under Article I.
(b) 
Such reconstruction or expansion shall be only upon the same lot that the nonconforming use was located upon at the time the use became nonconforming.
(c) 
The total building floor area used by a nonconforming use or the total land area covered by the nonconforming use, whichever is more restrictive, shall not be increased by greater than 50% beyond what existed in the nonconforming use at the time the use first became nonconforming.
[1] 
The above maximum increase shall be measured in aggregate over the entire life of the nonconformity. All expansions of the nonconforming use and/or building(s) that occurred since the use originally became nonconforming shall count towards the above maximum increase.
[2] 
The maximum total land area covered by a nonconforming junkyard shall not be expanded by more than 25% over the lifetime of the use, except that such percentage shall be 50% if:
[a] 
The entire area of junk storage is set back a minimum of 40 feet from any lot line of an existing dwelling and any street right-of-way; and
[b] 
The entire area of junk storage is surrounded by preservation of existing vegetation and/or new trees and shrubs according to a planting plan approved by the Zoning Hearing Board.
(d) 
Any expansion of a nonconforming use shall meet the required setbacks and other requirements of this chapter, unless the Zoning Hearing Board grants a variance.
(4) 
Expansion of a nonconforming residential use. An existing nonconforming residential use may be expanded as a permitted by right use provided that: the number of dwelling units or rooming house units are not increased; the expansion meets all applicable setbacks; no new types of nonconformities are created; and a nonconformity is not made more severe.
(5) 
Nonconforming sign. The provisions of this chapter shall not provide a right to expand or extend a nonconforming sign. Instead, any expansions or extensions of a nonconforming sign shall comply with this chapter.
D. 
Damaged or destroyed nonconformities. A nonconforming structure or nonconforming use that has been destroyed or damaged may be rebuilt in a nonconforming fashion only if: the application for a building permit is submitted within 18 months after the date of damage or destruction; work begins in earnest within 12 months afterward the building permit is issued and continues; and no nonconformity may be newly created or increased by any reconstruction. The property shall be properly secured during such time in such a way to keep out trespassers and to avoid harm to neighboring properties.
E. 
Abandonment of a nonconformity.
(1) 
If a nonconforming use of a building or land is discontinued, razed, removed or abandoned for 12 or more months, subsequent use of such building or land shall conform with the regulations of the district in which it is located, except:
(a) 
As provided for in Subsection D, Damaged or destroyed nonconformities.
(2) 
The applicant shall be responsible to provide clear and convincing evidence that the nonconformity was not abandoned.
(3) 
An existing lawful separate dwelling unit may be unrented for any period of time without being considered "abandoned" under this chapter.
F. 
Changes from one nonconforming use to another.
(1) 
Once changed to a conforming use, a structure or land shall not revert to a nonconforming use.
(2) 
A nonconforming use may be changed to a different nonconforming use only if approved as a special exception by the Zoning Hearing Board. However, special exception approval is not needed for a simple change within an existing building from one lawful nonconforming retail store use to another retail store use or from one lawful nonconforming personal service use to another personal service use, provided that the new use complies with any Zoning Hearing Board conditions that applied to the previous use and is not more objectionable in external effects than the previous use.
(3) 
Where special exception approval is required for a change of a nonconforming use, the Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equal or less objectionable in external effects than the preexisting nonconforming use with regard to:
(a) 
Traffic safety and generation (especially truck traffic);
(b) 
Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire, hazardous substances, and explosive hazards;
(c) 
Amount and character of outdoor storage;
(d) 
Hours of operation if the use would be close to dwellings; and
(e) 
Compatibility with the character of the surrounding area.
(4) 
A nonconforming use shall not be changed to a nonconforming adult use.
G. 
District changes. Any uses, structures or lots that become nonconforming because of a zoning district change shall be regulated under this section on nonconformities.
A. 
Site plans submitted to the Borough shall show the proposed location of any garbage dumpsters. The Borough may require that such proposed location be modified to provide compatibility with adjacent uses.
B. 
Garbage dumpsters shall be surrounded on at least three of four sides by a solid fencing, wall or landscaping if the dumpster would be visible from a street or a residential lot.