[Amended 7-5-2010 by Ord. No. 443]
The purpose of these sign regulations is to control the use
of signs in terms of number, type, size and location, to encourage
aesthetically pleasing design and to enable the fair and consistent
enforcement of these sign regulations. A sign may be erected, placed,
established, painted, created or maintained in the Borough only in
conformance with the standards, procedures, exemptions and other requirements
of this chapter. No sign shall be erected that impedes visibility
or traffic safety. Signs hereinafter are permitted:
A.
R-1, R-2, R-LB, MHP and AC Districts.
(1)
Temporary signs such as signs advertising for sale, rental or development
of property; temporary signs indicating the location and direction
of premises and not exceeding four square feet in area; and temporary
signs erected by churches, schools, civic organizations or other similar
institutions, provided that the area of the sign does not exceed 32
square feet in area, for other than real estate signs. All temporary
signs shall not be erected or displayed more than 180 days in any
one calendar year, unless a new permit is issued.
(2)
Permanent announcement signs designating professional offices such
as those of a surgeon, attorney, engineer, architect or similar professional
person, provided that such signs do not exceed 32 square feet in area;
and permanent signs erected by churches, schools, civic organizations
or other similar institutions, provided that the area of the sign
does not exceed 32 square feet.
(3)
Signs shall be located a minimum distance of 12 feet from the street
cartway and in no event within the right-of-way.
(4)
Signs advertising the sale of products at roadside stands are permitted
if they do not exceed 32 square feet in total area and are located
on the premises of the owner-operator or resident of the stand. Such
signs are to be considered temporary signs.
(5)
In addition to the other requirements of this section, every sign
referred to herein must be removed within 30 days after the circumstances
leading to its erection no longer apply.
(6)
A permanent identification sign for a mobile home park shall be permitted
in accordance with the other requirements of this subsection.
B.
CC and HC Districts.
(1)
The use of signs similar to traffic control devices is prohibited.
(2)
In addition to the other requirements of this section, every sign
referred to herein must be constructed of durable materials, kept
in repair and not allowed to become dilapidated. Each sign shall be
removed within 30 days after the circumstances leading to its erection
no longer apply.
(3)
In the CC District, all signs must be below the sills of second story
windows. The exception shall be signs painted upon second story windows.
(4)
In the HC District, permitted signs shall relate to the use conducted
on the property and shall not exceed 22 feet in height above ground
when freestanding or over 30 feet when attached to the structure.
(5)
In the HC District, signs shall be located a minimum distance of
15 feet from the street cartway and in no event within the right-of-way.
C.
Outdoor billboard advertising.
(1)
There shall be a:
(a)
Minimum of 250 feet between structures.
(b)
Maximum area of 250 square feet, per advertisement.
(c)
Maximum of two advertisement facings per location.
(d)
Minimum of one off-street parking space.
(e)
Maximum height of 22 feet above the road grade, measured at
the center line of the road. Facings shall not be stacked.
(2)
The use of billboards with intermittent lighting or billboards similar
to traffic control devices is prohibited.
(3)
In addition to the other requirements of this section, every billboard
must be constructed of durable materials, kept in repair and not allowed
to become dilapidated. Each billboard shall be removed within 60 days
of when the circumstances leading to its erection no longer apply.
B.
Increase in intensity of use of a structure and/or land. The intensity
of use of a structure and/or land shall not be increased through the
addition of dwelling units, rooming units, gross floor area or other
units of measurement prescribed, unless accessory parking facilities
shall be provided in accordance with the following schedules.[2]
[2]
Editor's Note: Table 10, Parking Requirements, is located
at the end of this chapter.
C.
Change in use of structure and/or land. An existing use of a structure
and/or land shall not be changed to a new use, unless parking facilities
shall be provided as required in the following schedules for such
new use.[3] However, if such use of a structure and/or land was established
prior to the effective date of this chapter, additional parking and/or
loading facilities shall be required only in the amount by which the
requirements for the new use would exceed those for the existing use,
if the latter were subject to the following schedule and space requirements.
[3]
Editor's Note: Table 10, Parking Requirements, is located
at the end of this chapter.
D.
Size of parking spaces. Parking spaces shall not be less than nine
feet wide and 20 feet long.
E.
Required parking spaces for each use.
(1)
The parking requirements may be waived in the CC District only when
the Borough Council has determined that appropriate parking is available
through the provision of public parking facilities.
(2)
Location of required parking facilities. The parking spaces required
for the use listed in the above schedule[4] shall be on the same lot as the use they are intended
to serve, except that the Zoning Officer may permit the parking spaces
to be on any lot wholly within 300 feet of the building if he or she
determines it is impractical to provide space on the same lot with
the building. In such cases where the required spaces are provided
off the site, such spaces shall be in the same ownership as the use
to which they are accessory or be public parking spaces. Where parking
spaces are provided on a separate lot of the same ownership, said
lot shall be subject to deed restrictions filed in an office of record,
binding the owner and his heirs and/or assigns to maintain the required
number of spaces available throughout the life of such space and shall
conform to all regulations of the district in which they are located.
[4]
Editor's Note: Table 10, Parking Requirements, is located
at the end of this chapter.
F.
Use of required parking by another use. Any part of the parking and/or
facilities required for any use for the purpose of complying with
the regulations of the Zoning Ordinance shall not be included as part
of a parking facility similarly required for another use unless the
type of use indicated that the periods of usage shall not be simultaneous
with each other as determined by the Zoning Officer.
G.
Use of yards for driveways and parking. Yard areas may contain permitted
driveways and turnaround areas and may also include off-street parking
spaces.
H.
Encroachment and reduction. A required parking space shall not be
encroached upon by a structure, storage or any other use, nor shall
the number of spaces be reduced.
I.
Off-street parking for uses not specifically mentioned. For any use
not specifically mentioned in the previous sections, the requirements
of off-street parking are the same as for a similar use that is specifically
mentioned, as shall be determined by the Zoning Officer.
A.
Number of principal structures on a lot. Not more than one principal
structure shall be located on a lot, except in the HC, I, MHP and
AC Districts.
B.
Subdivision of lot. No lot shall be subdivided, if by such action
the Zoning Ordinance would be violated.
C.
Determination of yards and minimum distance to lot lines on irregularly
shaped lots. On an irregularly shaped lot, no point of a building
shall be located closer to a lot line than the minimum yard or setback
distance.
D.
Projection into and occupancy of yards or other open sources. The
following building attachments shall be permitted to project into
and/or occupy required yards or other open spaces:
(1)
Steps, stoops, window sills, similar architectural features, rain
leader and/or chimneys, provided that they shall not project more
than four feet beyond the face of the wall.
(2)
Exterior stairways, balconies, fire escapes or other required means
of egress, provided that they shall not project more than five feet
beyond the face of the wall.
E.
Porches, carports and similar attached accessory structures. Whether
open or enclosed, they shall be located in compliance with minimum
yard and setback requirements.
F.
Visibility at intersections. On a corner lot or at a driveway intersection
in any district, no structure, sign, solid fence or wall, hedge or
other planting shall be erected, placed or maintained at a height
of more than 30 inches above the curbline within the triangle formed
by the street lines and a straight line joining said street lines
at points which are 30 feet distance from the point of intersection.
Additionally, no installation of activities described above shall
be permitted to obscure vehicular visibility as determined by PaDOT
Form 408 specifications.
The maximum height limitation of this section shall not apply
to the following principal structures: a church, college, farm structure
(other than a farm dwelling), hospital, radio or television tower
or a public utility structure which is a permitted use and is located
in any zoning district, provided that it shall conform to the setback
and yard requirements of the district where it is located, plus one
additional foot horizontally for each foot over 40 feet in height.
A.
The following appurtenances attached to or part of a principal or
accessory structure: a church, spire, belfry, cupola, dome, monument,
smokestack, derrick, conveyor, flag pole, mast, antenna, aerial, roof
tank, ventilating air conditioning and similar building service equipment,
roof structure, chimney and/or parapet wall, provided that it shall
be set back in conformance with the setback and yard requirements,
plus one-foot horizontally for each foot in which it exceeds 40 feet
in height above ground level. The principal or accessory structure
to which it is attached may conform to setback and yard requirements
with no additional setback, provided that the principal or accessory
structure conforms to the height limitations of the districts.
B.
Existing designed structures. The vertical extension of a structure
existing at the effective date of the Zoning Ordinance may be erected
to such height as the original drawings of said building indicated,
provided that the building was actually designed and constructed to
carry the additional stories necessary for such height.
Within the districts established by this chapter or amendment
that may later be adopted, there exist lots, structures and uses of
land and structures which were lawful before this chapter was passed
or amended, but which would be prohibited under the terms of this
chapter or future amendment. It is the intent of this chapter to permit
these nonconformities to continue until they are removed. Such uses
are declared by this chapter to be incompatible with permitted uses
in the districts involved. Nonconformities may be enlarged and expanded
only by approval of the Board. A nonconforming use of a structure,
a nonconforming use of land or nonconforming use of a structure and
land shall not be extended or enlarged after passage of this chapter
by attachment of additional signs to a building or the placement of
additional signs or display devices on the land outside the building
or by the addition of other uses, if such additions are of a nature
which would be prohibited generally in the district involved. Nothing
in this chapter shall be deemed to require a change in the plans,
construction or designated use of any building on which actual construction
was lawfully begun prior to the effective date of adoption or amendment
of this chapter and upon which actual building construction has been
diligently carried on. Actual construction is defined to include the
placing of construction materials in permanent position and fastened
in a permanent manner and demolition, elimination and removal of an
existing structure in connection with such construction, provided
that the actual construction work shall be diligently carried on until
the completion of the building involved.
A.
Nonconforming uses of land. Where, at the effective date of adoption
or amendment of this chapter, a lawful use of land exists that is
made no longer permissible under the terms of this chapter as enacted
or amended, such use may be continued, so long as it remains otherwise
lawful, subject to the following provisions:
(1)
No such nonconforming use shall be enlarged or increased nor extended
to occupy a greater area of land than was occupied at the effective
date of adoption or amendment of this chapter.
(2)
No such nonconforming use shall be moved in whole or in part to any
portion of the lot or parcel not occupied by such use at the effective
date of adoption or amendment of this chapter.
(3)
If any such nonconforming use of land ceases for any reason for a
period of more than 12 consecutive months, any subsequent use of such
land shall conform to the regulations specified by this chapter for
the district in which such land is located.
B.
Nonconforming structures. Where a lawful structure exists at the
effective date of adoption or amendment of this chapter that could
not be built under the terms of this chapter by reasons of restrictions
on area, lot cover, height, yards or other characteristics of the
structure or its location on the lot, such structure may be continued
so long as it remains otherwise lawful subject to the following provisions:
(1)
A structure may be enlarged or altered in a reasonable amount only
as approved by the Board.
(2)
Should such structure be destroyed by any means to an extent of more
than 50% of the replacement cost at the time of destruction, it shall
not be reconstructed except in conformity with the provisions of this
chapter unless a variance is granted by the Board.
(3)
Should such structure be moved for any reason for any distance whatever,
it shall thereafter conform to the regulations for the district in
which it is located after moved.
C.
Nonconforming use of structures. If a lawful use of a structure,
or of a structure and premises in combination, exists at the effective
date of adoption or amendment of this chapter that would not be allowed
in the district under the terms of this chapter, the lawful use may
be continued so long as it remains otherwise lawful, subject to the
following provisions:
(1)
An existing structure devoted to a use permitted by this chapter
in the district in which it is located may be enlarged, extended,
constructed, reconstructed or structurally altered to any reasonable
amount upon granting of a variance by the Board.
(2)
Any nonconforming use may be extended throughout any parts of a building
which were clearly arranged or designed for such use at the time of
adoption or amendment of this chapter, but no such use shall be extended
to occupy any land outside such building.
(3)
If no structural alterations are made, any nonconforming use of a
structure, or structure and premises, may be changed to another nonconforming
use, provided that the Board, either by general rule or by making
findings in the specific case, shall find that the proposed use is
equally appropriate or more appropriate to the district than the existing
nonconforming use. In permitting such change, the Board may require
appropriate conditions and safeguards in accord with the provisions
of this chapter.
(4)
Any structure, or structure and land in combination, in or on which
a nonconforming use is superseded by a permitted use shall thereafter
conform to the regulations for the district in which such structure
is located, and the nonconforming use may not thereafter be resumed.
(5)
When a nonconforming use of a structure, or structures and premises
in combination, is discontinued or abandoned for 12 consecutive months,
the structure and premises in combination shall not thereafter be
used except in conformance with the regulations of the district in
which it is located.
(6)
Where nonconforming use status applies to a structure and premises
in combination, removal or destruction of the structure shall eliminate
the nonconforming status of the land.
(7)
Where a structure containing a nonconforming use is destroyed in
whole or in part by fire, flood, explosion or other casualty, if reconstructed
it may be used as before, provided that such reconstruction is undertaken
within 12 months of such casualty and provided that the restored structure
shall not exceed the height and bounds of the original structure.
D.
Repairs and maintenance.
(1)
On any building, devoted in whole or in part to any nonconforming
use, work may be done on ordinary repairs or on repair or replacement
of nonbearing walls, fixtures, wiring or plumbing without the requirement
of a permit.
(2)
Nothing in this chapter shall be deemed to prevent the strengthening
or restoring to a safe condition of any building or part thereof declared
to be unsafe by an official charged with protecting the public safety,
upon order of such official.
No use of land or structure in any district shall involve any
element, or cause any condition, that may be dangerous, injurious
or noxious to any other property or person in the borough. Furthermore,
every use of land or structure in any district must observe the following
performance standards:
A.
Fire protection. Fire-protection and fire-fighting equipment acceptable
to the Bureau of Fire Underwriters shall be readily available when
any activity involving the handling or storage of flammable or explosive
materials is carried on.
B.
Electrical disturbances. No activity shall cause electrical disturbances
adversely affecting radio, television or other communication equipment
in the neighboring area. For the purposes of these regulations, such
interference shall be defined as electromagnetic disturbances which
are generated by the use of electrical equipment other than planned
and intentional sources of electromagnetic receptors of quality and
proper design. All intentional sources of electromagnetic energy (such
as radios, radar equipment, etc.) shall demonstrably comply with appropriate
regulation of the Federal Communications Commission.
C.
Smoke. The maximum amount of smoke emissions permitted shall be determined
by the use of the Standard Ringleman Chart issued by the United States
Bureau of Mines. No smoke darker than No. 2 will be allowed.
D.
Odors. In any district, except the Industrial District, no malodorous
gas or matter shall be permitted which is discernible on any adjoining
lot or property.
E.
Air pollution. No pollution of air by fly-ash, dust, vapors or other
substances shall be permitted which is harmful to health or to animals,
vegetation or other property.
F.
Glare. Lighting devices which produce objectionable direct or reflected
glare on adjoining properties or thoroughfares shall not be permitted.
G.
Erosion. No erosion by wind or water shall be permitted if such erosion
carries objectionable substances onto neighboring properties.
H.
Water pollution. The discharge of all wastewater shall be in accordance
with the standards of the Pennsylvania Department of Environmental
Protection (DEP) and/or the borough and shall comply with any and
all applicable regulations of the United States. Surface water discharge
shall be acceptable under the provisions of Pennsylvania Act 537 and
other state and borough regulations, as the same may be amended from
time to time.
I.
Vibration. No vibration shall be produced which is transmitted through
the ground and is discernible, without the aid of instruments, at
any point beyond the lot line.
J.
Radioactive material. Any use or handling of radioactive material
shall comply with all regulations of the Atomic Energy Commission
(United States), and any applicable regulations of the Pennsylvania
Department of Environmental Protection (DEP). The developer shall
clearly demonstrate compliance with such regulations.
K.
Illumination. All exterior lighting shall be provided in accordance
with the standards of the Illuminating Engineers Society of America.
The minimum floor area for any single-family dwelling shall be 750 square feet, except in the CC District. [Refer to § 100-14T(2).]
