No more than one principal use shall be permitted
on a lot, unless specifically permitted by this chapter.
A.
Street frontage required. Every principal building
shall be built upon a lot with frontage upon a public or private street
improved to meet Borough standards or for which such improvements
have been insured by the posting of a performance guaranty pursuant
to the Subdivision and Land Development Ordinance.[1]
B.
Two or more on a lot. Except for agricultural buildings,
two or more principal buildings on a lot shall:
No building shall exceed the maximum building
height standard specified in the relevant district regulations of
this chapter, except that such standard shall not apply to water towers,
church spires, belfries, solar energy collectors (and equipment used
for the mounting or operation of such collectors), chimneys or other
appurtenances usually required to be placed above the roof level and
not intended for human occupancy. Although exempted from structural
height limitations, these structures shall not diminish the solar
access of other properties.
A.
In general.
(1)
The lot, yard, parking and other requirements for any new building or use shall not include any part of a lot, yard or parking area that is required by any other building or use to comply with the requirements of this chapter. However, a common parking lot for joint uses shall be permitted in accordance with the provisions of § 256-49G.
(2)
No required lot area or yard shall include any property
(the ownership of which has been transferred subsequent to the effective
date of this chapter) if such property was a part of the area required
for compliance with the dimensional requirements applicable to the
lot from which such transfer was made.
B.
Exceptions to minimum lot areas, lot widths and yards.
(2)
Irregularly shaped lots. In the case of irregularly
shaped lots, the minimum lot width specified in the district shall
be measured at the rear line of the minimum required front yard, provided
that in no case shall the lot frontage measured at the street right-of-way
line be less than 70% of the minimum lot width.[1]
[1]
Editor's Note: A drawing illustrating this
measurement is included as an attachment to this chapter.
(3)
Through lots. Front yards shall be provided along
all portions of a through lot abutting any street, except where a
provision of a different yard will comply with the prevailing front
yard pattern on adjoining lots.
(5)
Architectural projections. Chimneys, leaders, cornices,
eaves, gutters and bay windows and the like may extend not more than
18 inches into any required yard.
C.
Traffic visibility across corners (clear sight triangle).
(1)
Clear sight triangles shall be provided at all public
street intersections. Within such triangles, no vision obstructing
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 public streets.
(2)
Such triangles shall be established from distance
of:
(a)
Seventy-five feet from the point of intersection
of the center lines, except that clear sight triangles shall be provided
for all intersections with collector and arterial streets in accordance
with PennDOT standards.
(b)
Where an intersection is controlled by a stop
sign or traffic signal, the site triangle shall be measured from a
point in the center of the controlled or lesser street 25 feet back
from the curbline of the uncontrolled or through street to the distance
required above.
D.
Buffer yards. Any nonresidential use and open space
uses, except as otherwise required, which border any R-1, R-2, R-3
or R-4 Residence District shall provide buffer yards which comply
with the standards of this section. These buffer yards are also required
in the R-4 District, when proposed multifamily dwellings will be located
adjacent to existing single-family detached dwellings in the R-1,
R-2 or R-3 District.
(1)
Size; location.
(a)
A twenty-foot buffer yard shall be required,
unless otherwise indicated in this chapter.
(b)
The buffer yard shall be measured from the district
boundary line or from the street right-of-way line (where a street
serves as the district boundary line). Buffer yards shall not be within
an existing or future street right-of-way and shall be in addition
to that right-of-way.
(c)
The buffer yard may be contiguous with a required
front, side or rear yard, provided that the larger yard requirement
shall apply in case of conflict.
(2)
Characteristics.
(a)
The buffer yard shall be a landscaped area free
of structures, manufacturing or processing activity, materials or
vehicular parking. No driveways or streets shall be permitted in the
buffer yards except at points of ingress or egress.
(b)
In all buffer yards, all areas not within the
planting screen shall be planted with grass seed, sod or ground cover
and shall be maintained and kept clean of all debris, rubbish, grass
more than six inches in height or weeds.
(3)
Planting screen.
(a)
Each buffer yard shall include a planting screen
of trees, shrubs and/or other plant materials extending the full length
of the lot line to serve as a barrier to visibility, airborne particles,
glare and noise.
(b)
Each planting screen shall be in accordance
with the following requirements:
[1]
Plant materials used in the planting screen
shall be of such species and size as will produce, within two years,
a complete year-round visual screen of at least eight feet in height.
[2]
The planting screen shall be permanently maintained
by the landowner and any plant material which does not live shall
be replaced within one year.
[3]
The planting screen shall be so placed that
at maturity it will be at least three feet from any street or property
line.
(c)
In circumstances where it is impractical for
a planting screen to meet all the requirements of this section or
would create an undue hardship, the Zoning Hearing Board may modify
the requirements or approve acceptable alternatives which shall satisfy
the spirit, objectives and intent of the screen requirements.
E.
Green space in front yards. Ninety percent of the
area of the required front yard, after the deletion of sidewalks,
walkways and driveways, shall be maintained in vegetative ground cover,
such as grass, trees, plants and shrubs.
A.
Purpose. Minimum future right-of-way widths are established for roads where the existing right-of-way is less than that indicated in Subsection C below for the particular class of road.
B.
C.
Minimum widths. Minimum future rights-of-way are as
follows:
|
Street Classification
|
Minimum Future Right-of-Way
(feet)
| |
|---|---|---|
|
Major traffic street (Arterial)
|
80
| |
|
Collector street
|
60
| |
|
Minor local street and marginal access street
|
50
|
E.
Short extension of existing streets with lesser right-of-way widths than prescribed by Subsection C above may be permitted; provided, however, that no section of new right-of-way less than 40 feet in width shall be permitted.
F.
Where a subdivision abuts or contains an existing
street of inadequate right-of-way width, additional right-of-way width
in conformance with the above standards shall be required.
G.
The applicant is requested to dedicate or include
an offer of future dedication of the street right-of-way to the Borough
or the Pennsylvania Department of Transportation.
H.
An establishment of a future right-of-way may be waived
or reduced by special exception if the applicant proves to the satisfaction
of the Zoning Hearing Board that such right-of-way will not serve
any valid public purpose or that the proposed use or structure will
not create any additional need for such right-of-way.
In order to encourage the sound development
of frontage along arterial and collector streets (as defined on the
Borough's Official Street Classification) and to minimize traffic
congestion and hazard, the following special provisions shall apply:
A.
Off-street parking and loading. All areas for off-street
parking, off-street loading and unloading and the storage or movement
of motor vehicles shall be physically separated from the highway or
street by a raised curb, planting strip, wall or other suitable barrier
against unchanneled motor vehicle entrance or exit, except for necessary
accessways or access roads which supply entrance to and egress from
such parking, loading or storage area. All parking areas or lots shall
be designed to prohibit vehicles from backing out on the street, and
the capacity of each lot shall provide adequate storage area and distribution
facilities upon the lot to prevent backup of vehicles on a public
street while awaiting entry to the lot.
B.
Access. Each use with less than 100 feet of frontage
on an arterial or collector street shall have not more than one accessway
to each such street, and no business or other use with 100 feet or
more of frontage on an arterial or collector street shall have more
than two accessways to any one street for each 300 feet of frontage.
Where practicable, access to parking areas shall be provided by a
common service driveway in order to avoid direct access to an arterial
or collector street.
C.
Street intersection. To the fullest extent possible,
intersections with collector and arterial streets shall be located
not less than 1,000 feet apart, measured from center line to center
line. Exceptions shall be those cases deemed to require closer spacing
without endangering the public's safety.
D.
Planned developments. In the case of a planned development,
shopping center, office complex, group of multiple-family dwellings
or similar grouping of principal buildings on a lot, and in any other
case where practicable:
(1)
Each principal building shall front upon a marginal
access street, service road, common parking lot or similar area and
not directly upon a public street.
(2)
Provision shall be made for safe and efficient ingress
and egress to and from public streets and highways serving the unified
development, without undue congestion to or interference with normal
traffic flow within the Borough.
(3)
All streets and accessways shall conform to the specifications
determined by the Borough Engineer and the requirements of the Borough
Subdivision and Land Development Ordinance.[1] Provision shall be made for adequate signalization, turn,
standby and deceleration lanes, and similar facilities where deemed
necessary by the Borough Engineer.
(4)
All driveways, aisles, maneuvering spaces, vehicular
service areas or spaces between or about buildings, other than those
related to a dwelling, shall be adequately illuminated during night
hours of use at no cost to the Borough.
E.
Reverse frontage encouraged. Direct vehicular access
from individual lots abutting arterial or collector streets shall
be strongly discouraged and reverse frontage shall be encouraged.
A.
Registration of nonconforming uses and structures.
Upon adoption of this chapter, the Borough Zoning Officer may identify
and register nonconforming uses and structures.
B.
Continuation. Any registered nonconforming use, structure
or lot may be continued, maintained, improved and repaired, provided
that it conforms to the remainder of this section.
C.
Alteration or extension.
(1)
Nonconforming structure.
(a)
A nonconforming structure may be altered, reconstructed
or enlarged, provided that such alteration, reconstruction or enlargement
does not increase the nonconformance or the nonconforming part of
the structure. No structure shall be enlarged in such a way as to
increase a nonconformity of the structure unless a variance is granted
by the Zoning Hearing Board.
(2)
Nonconforming lot.
(a)
Nonresidential lots. A building may be constructed
and expanded on a nonconforming, nonresidential lot, provided that
the yard and lot coverage requirements of this chapter are met and
all DEP requirements are met.
(b)
Residential lots. A building may be constructed
and expanded on a nonconforming, residential lot, provided that the
minimum yard and maximum lot coverage requirements listed for the
particular district are complied with.
(c)
Exceptions. When a lot of record existing at
the effective date of this chapter cannot meet the yard and maximum
lot coverage requirement of the particular district, a variance may
be requested from the Zoning Hearing Board. Where two adjacent lots
of record with less than the required area and width are held by one
owner, the request for a zoning permit shall be referred to the Zoning
Hearing Board, which may require that the two lots be combined and
used for one principal building. Where three or more adjacent lots
of record with less than the required area and width are held by one
owner, the Zoning Hearing Board may require replatting to fewer lots
which would comply with the minimum requirements of this chapter.
When making these decisions relating to this section, the Zoning Hearing
Board shall consider among other factors the existing character of
the area.
(3)
Nonconforming use. As a special exception use, a nonconforming use may be enlarged by a maximum of 15% in total building floor area beyond what existed at the time of the use becoming nonconforming, provided that all required setbacks are met. A nonconforming use shall not be demolished and reconstructed except as provided for in Subsection D, Restoration.
D.
Restoration. A nonconforming building or any building
containing a nonconforming use destroyed by fire, explosion, flood
or other phenomenon, or legally condemned, may be reconstructed and
used for the same nonconforming use, provided that reconstruction
of the building shall be commenced within one year from the date the
building was destroyed or condemned. An application must be made for
a building permit to rebuild.
E.
Ownership. Whenever a nonconforming use, structure
or lot is sold to a new owner, a previously lawful nonconforming use
may be continued by the new owner, provided that the new owner shall
re-register the nonconforming use with the Zoning Officer within 60
days after final settlement.
F.
Abandonment.
(1)
If a nonconforming use of a building or land is discontinued,
razed, removed or abandoned for 365 consecutive days, subsequent use
of such building or land shall conform with the regulations of the
district in which it is located.
(2)
The act of abandonment and the intent to abandon shall
be presumed to commence on the date when customary efforts to continue
the use (operation, lease, sale, etc.) cease.
G.
Changes.
(1)
Once changed to a conforming use, no structure or
land shall be permitted to revert to a nonconforming use.
(2)
A nonconforming use may be changed to another nonconforming
use only if permitted as a special exception by the Zoning Hearing
Board after the following conditions are met:
A temporary permit may be issued by the Zoning
Officer for structures or uses necessary during construction or other
special circumstances of a nonrecurring nature subject to the following
additional provisions:
A.
Scope. Before a zoning permit is issued for any use designated in Article III as requiring site plan review, the procedures of this section shall be followed in order to more effectively administer, enforce and implement the purposes, intent and requirements of this chapter.
B.
Procedure.
(1)
General.
(a)
When the applicant applies to the Zoning Officer
for a zoning permit, the applicant shall submit three complete sets
of site plans.
(b)
No zoning permit shall be granted until after
the Planning Commission submits its recommendation to the Zoning Officer
or after 60 days of the date the site plans were submitted.
(c)
Site plan approval shall not relieve the applicant
from any other provisions of this chapter nor constitute a recommendation
for a variance or other relief that the applicant may seek from the
Zoning Hearing Board.
(2)
The Zoning Officer shall forward two copies of the
site plan to the Planning Commission within seven days of the date
of official plan submission. The Zoning Officer shall retain one copy
of the site plan for review.
(3)
Written recommendation.
(a)
The Planning Commission shall make a written
recommendation to the Zoning Officer within 60 days of the date the
plan was submitted on whether the site plan indicates that a zoning
permit should be granted or denied.
(b)
The written recommendation shall include the
underlying findings and reasons affecting the recommendation.
(c)
Failure to make a written recommendation within
such 60 days shall be considered a recommendation to issue such zoning
permit.
(4)
Decision.
(a)
The Zoning Officer shall review the site plan
and the Planning Commission's recommendations and issue or deny the
zoning permit within 60 days after the site plan was officially submitted.
(b)
The decision of the Zoning Officer shall be
in writing and shall be communicated to the applicant personally or
mailed to him at his last known address not later than the day following
the decision.
(c)
The decision shall indicate the specific provisions
of this chapter and other laws which have not been met and the specific
reasons therefor.
C.
Site plan requirements. The following information
shall be included on the site plan:
(1)
A statement describing the proposed use.
(2)
A site layout drawn to a scale of not less than one
inch equals 50 feet showing the location, dimensions and area of each
lot, the location, dimensions and height of proposed buildings, structures,
streets and any existing buildings in relation to property and street
lines. If the application relates to property which is scheduled to
be developed in successive stages, such plans shall show the relationship
of the portion scheduled for initial development to the proposed layout
of the entire property.
(3)
The location, dimensions (numbers shown), and arrangements
of all open spaces and yards, landscaping, fences, and buffer yards,
including methods and materials to be employed for screening.
(4)
The location, size (numbers shown), arrangement and
capacity of all areas to be used for motor vehicle access, off-street
parking, off-street loading and unloading and the provisions to be
made for lighting such areas.
(5)
The dimensions (numbers shown), location and methods
of illumination for signs and exterior lighting.
(6)
The location and dimensions of sidewalks and all other
areas to be devoted to pedestrian use.
(7)
Provisions to be made for treatment and disposal of
sewage and industrial wastes and water supply.
(8)
The capacity and arrangement of all buildings used
or intended to be used for dwelling purposes, including the proposed
density in terms of number of dwelling units per acre of land.
(9)
A description of any proposed industrial or commercial
operations in sufficient detail to indicate effects of those operations
in producing noise, glare, air pollution, water pollution, fire hazards,
traffic congestion or other safety hazards.
(10)
Description of methods to be employed in controlling
any excess noise, air pollution, smoke, fumes, water pollution, fire
hazards or other safety hazards.
(11)
Site contours at a minimum of six-foot intervals,
preferably at two-foot intervals.
(12)
All proposed site grading and drainage provisions
and proposals.
(13)
A key map showing the entire project and its
relation to surrounding properties and existing building thereon.
(14)
Zoning districts and requirements.
(15)
Soils, slopes and floodplain delineations (if
required by the Zoning Officer).
(16)
Certification by the person who prepared the
site plan.
(17)
Certification of ownership and acknowledgment
of plan signed by owner or developer.
D.
Site design guidelines. The following guidelines are
divided into eight categories to assist the applicant in the preparation
of site and building plans and to assist the Planning Commission and
the Zoning Officer in their reviews of all site plans. These guidelines
are meant to encourage creativity, innovation, and well-designed developments.
They apply to principal buildings and structures and to all accessory
buildings, structures, signs and other site features.
(1)
Relation of proposed buildings to the surrounding
environment. Relate proposed structure(s) harmoniously to the terrain
and to existing buildings that have a visual relationship to the proposed
structure(s). To achieve this favorable relationship between existing
and proposed uses, create focal points with respect to avenues of
approach, terrain features or other buildings and relate open space
between all existing and proposed buildings.
(2)
Drive, parking and circulation. For vehicular and
pedestrian circulation (including walkways, interior drives, and parking),
give special attention to the location and number of access points
to public streets, width of interior drives and access points, general
interior circulation, separation of pedestrian and vehicular traffic
and arrangement of safe and convenient parking areas. Design these
vehicular and pedestrian areas to enhance the appearance of and access
to the proposed buildings and structures and to the neighboring properties.
(3)
Surface water drainage. Give special attention to
proper site surface drainage to ensure that removal of surface waters
will not adversely affect either neighboring properties or the public
storm drainage system. Remove and efficiently carry away all stormwater
from all roofs, canopies and paved areas. Collect surface water from
all paved areas to permit vehicular and pedestrian movement.
(4)
Utility service. Place electric and telephone lines
underground, where possible. Locate, paint and undertake any other
treatment to ensure that any utilities which remain above ground will
have a minimal adverse impact on neighboring properties.
(5)
Advertising features. Ensure that the size, location,
lighting and materials of all permanent signs and outdoor advertising
structures or features will enhance rather than detract from the design
of proposed buildings and structures and the neighboring properties.
(6)
Special features. Provide needed setbacks, screen
plantings and other screening methods for exposed storage areas, exposed
machinery installations, service areas, truck loading areas, utility
buildings and structures and similar accessory areas and structures
to help make them compatible with the existing or contemplated site
design and with neighboring properties.
(7)
Preservation of landscape. Preserve the landscape
in its natural state by minimizing tree and soil removal. Ensure that
grade changes are compatible with the general appearance of neighboring
developed areas.
(8)
Solar energy use. Consider the desirability and feasibility
of active and passive solar energy use. Orient proposed buildings
and provide structures to provide for solar energy use and to preserve
solar access of adjoining properties.
