The purpose of this chapter is to ensure the
proper use of land; to assure the safe use by the general public of
property for nonresidential purposes; to maintain the appearance of
the Borough of Aldan; to gather and disseminate information essential
to the agencies who are entrusted to protect the health, safety and
general welfare of the community; and to obtain information from those
agencies to supply to nonresidential occupants.
[Amended 2-11-1998 by Ord. No. 470]
This chapter regulating the use and controlling
the occupancy of property for nonresidential purposes within the Borough
of Aldan shall be known and may be cited as the "Nonresidential Use
and Occupancy Ordinance."
Definitions shall be as listed in Ordinance
No. 427, "Zoning Ordinance of the Borough of Aldan, Pennsylvania,"
Article II, Terminology, as amended, and incorporating:
A. Business: providing goods and/or services in any manner
regardless of compensation.
B. Multiple-family dwelling: hereafter referred to as
"multifamily"; will include two-family structures as well as all previously
defined multifamily structures.
C. Nonresidential definitions: as listed in the BOCA
National Building Code version of 1993, Chapter Three, as amended.
Any person, partnership, corporation and/or entity (hereafter referred to as "applicant") using or causing to be used any lot, building, real estate or section of any type of structure for any purpose other than their private residence must make application to obtain a use and occupancy permit from the borough annually, on forms the borough will supply. All uses will be classified according to definitions outlined in §
163-4 of this chapter.
The following uses are not considered a business
use for the purposes of this chapter:
A. Home office: storage and/or manipulation of records
and information, incidental to the primary service or product of a
business, when such work is performed solely by the resident of the
dwelling in an area not to exceed 8% of the dwelling's habitable floor
space.
B. Small business/educational: an accessory use for business,
customarily conducted within a dwelling, which is clearly incidental
and secondary to the use of the dwelling for dwelling purposes and
does not change the dwelling's character, provided that such an occupation
is operated and conducted solely by members of the family resident
in the main building of a lot, provided that this use does not include
on-site employees, salespersons or customers. This exception does
allow for students, not more than three at one time and not more than
six in any twelve-hour period.
Fees for application, inspections and issuance
of use and occupancy permits will be set by the Borough Council by
resolution.