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Borough of Duncannon, PA
Perry County
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Table of Contents
Table of Contents

§ 225-70
Applicability. 

§ 225-71
Use standards and criteria; prohibited uses. 

§ 225-72
Height regulations. 

§ 225-73
Area regulations. 

§ 225-74
Yard regulations. 

§ 225-75
Buffer yards. 

§ 225-76
Projections into yards. 

§ 225-77
Obstructions to vision. 

§ 225-78
Fences and walls. 

§ 225-79
Habitable space. 

§ 225-80
Illumination. 

§ 225-81
Performance standards. 

§ 225-82
Drainage regulations. 

§ 225-83
Traffic control. 

§ 225-84
Reduction of lot dimensions. 

§ 225-85
Courts. 

§ 225-86
Abandoned vehicles; motor vehicle storage. 

The following regulations and standards shall qualify or supplement the district regulations appearing elsewhere in this chapter.

A. 

The following standards and criteria apply to the following uses:

(1) 

Conversion apartment. A building or dwelling may be converted to contain more than one dwelling in a district so specifying, provided:

(a) 

The minimum habitable floor area is provided as required by § 225-79, Habitable space.

(b) 

The lot area per dwelling unit shall conform to the regulations for the district in which it is located.

(c) 

In the R-T Residential District, the volume of the building shall not be increased except as may be necessary for purposes of safety.

(d) 

Each dwelling unit contains not less than one bathroom and two habitable rooms.

(e) 

Any structural alterations shall be located on the side or rear of the building not facing a public street or shall be in harmony with adjacent buildings.

(f) 

The dimensional, parking, and other applicable requirements of the district in which such conversion is proposed shall not be reduced.

(2) 

Clubs, lodges, and fraternal organizations. Where permitted, these and similar 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 permanent sign advertising the sale of food or beverages will be permitted. Buildings or structures hereafter converted or erected for such use are subject to all applicable regulations for the district in which the facility is to be located. A planted buffer no less than five feet in depth shall be maintained along all property lines abutting a residential use.

(3) 

Medical or dental clinic buildings. Where permitted, a building for such use may be erected or used, subject to the following:

(a) 

The building shall be occupied and used only by persons licensed to practice the healing arts in the Commonwealth of Pennsylvania and their staffs.

(b) 

The lot area shall be determined on the basis of building size, yard requirements, parking and access requirements and other applicable standards, but in no case shall be less than 7,500 square feet.

(c) 

The minimum front, side, and rear yard setbacks shall be no less than 25 feet.

(d) 

Lot width shall be determined by the size of the building and setbacks.

(e) 

A planted buffer no less than five feet in depth shall be maintained along all property lines abutting a residential use.

(4) 

Churches, hospitals and schools. Where permitted, buildings for such uses may be erected and used, subject to the following:

(a) 

The lot area shall be based on building size, yard requirements, parking and access requirements, and other applicable standards, but in no case shall be less than 20,000 square feet.

(b) 

The minimum front, side, and rear yard setbacks shall be no less than 30 feet.

(c) 

Lot width shall be determined by the size of the building and setbacks, but in no case shall be less than 100 feet.

(d) 

A planted buffer no less than 10 feet in depth shall be maintained along all property lines.

(e) 

Such properties shall have direct and abutting access to a collector street.

(5) 

Nursing homes. Where permitted, a building for such use may be erected and used, subject to the following:

(a) 

They shall be constructed and operated in accordance with applicable state laws.

(b) 

The minimum lot area shall be determined by building size, setbacks, and be at least 7,500 square feet in area, plus 500 square feet for each patient over eight.

(c) 

Minimum lot width shall be based on building size and setbacks.

(d) 

The minimum front, side, and rear yard setbacks shall be no less than 25 feet.

(e) 

A planted buffer no less than 10 feet in depth shall be maintained along all property lines.

(6) 

Home occupations. Where permitted, home occupations may be established, subject to the following conditions:

(a) 

The home occupation shall be carried on completely within the dwelling unit or accessory building.

(b) 

Not more than one person other than the occupants of the dwelling unit shall be employed.

(c) 

Not more than 1/2 the floor area of a main building shall be devoted to a home occupation.

(d) 

Articles sold or offered for sale shall be limited to those produced on the premises.

(e) 

There shall be no exterior display or sign (except as permitted in the regulations on signs in this chapter), no exterior storage of materials, and no other exterior indicating of the home occupation or variation of the residential character of the main building or neighborhood.

(f) 

No offensive noise, vibration, smoke, or other particulate matter, heat, humidity, glare, or other objectionable effects shall be produced.

(g) 

A home occupation may include, but is not limited to, art studios, dressmaking or millinery, barbershop, beauty parlor, teaching, with music or dance instruction limited to a single pupil at a time, real estate or insurance office, the professional office of a dentist, physician, lawyer, engineer, accountant, architect, or any other activities of a similar nature.

(7) 

Guard or groundskeeper dwelling. Such a dwelling may be erected and occupied in the Manufacturing District, subject to the following:

(a) 

It shall be a detached building located no closer than 100 feet from manufacturing structures or activities and provide the following:

[1] 

A minimum property area of at least 5,000 square feet shall be assigned for residential purposes. Such property area shall have a minimum width of no less than 50 feet.

[2] 

Direct access shall be provided to the nearest public street.

[3] 

A minimum front yard setback of 20 feet, minimum side yard setbacks of 10 feet, and minimum rear yard setback of 15 feet.

[4] 

A planted buffer no less than 10 feet in depth shall be provided on all sides of the lot abutting land in the Manufacturing District.

[5] 

At least two off-street parking spaces shall be provided.

(8) 

Funeral homes. Where permitted, funeral homes may be established, subject to the following conditions:

(a) 

The lot area shall be determined on the basis of building size, yard requirements, parking and access requirements, and other applicable standards, but in no case shall be less than 7,500 square feet.

(b) 

Minimum front, side, and rear yard setbacks shall be 15 feet.

(c) 

Lot width shall be determined by the size of the building and setbacks.

(d) 

A planted buffer no less than five feet in depth shall be maintained along all property lines abutting a residential use.

(9) 

Gardening shall be permitted in all districts.

(10) 

Garden apartments. Where permitted, garden apartments shall comply with the following:

(a) 

There shall be not more than 12 dwelling units per building.

(b) 

No garden apartment building shall be in excess of two stories in height.

(c) 

Lot area per dwelling unit shall not be less than the area required by the district regulations.

(d) 

All applicable provisions of this chapter.

(11) 

Townhouses. In districts where permitted, all townhouses shall comply with the following:

(a) 

There shall be not more than 10 units in a row.

(b) 

Lot area per dwelling unit shall not be less than the area required by the district regulations in which it is located.

(c) 

All other applicable provisions of this chapter.

(12) 

Mobile homes. Mobile homes are permitted for residential use, provided they comply with the following:

(a) 

Only one mobile home is permitted on a lot, and each such mobile home shall meet all applicable regulations for a single-family detached dwelling.

(b) 

The wheels and axles shall be removed, and the home shall be installed on and securely fastened to a frost-free foundation or footer; in no event shall it be erected on jacks, loose blocks, or other temporary materials.

(c) 

An enclosure of compatible design and material shall be erected around the entire base of the mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure.

(13) 

Day nurseries. Where permitted, day nurseries shall comply with the following:

(a) 

Be conducted in a building designed for residential or institutional occupancy and be accessory thereto.

(b) 

Have outdoor play areas sufficiently screened and sound-insulated so as to protect the neighborhood from noise and other disturbances.

(c) 

Be constructed and/or operated in accordance with all applicable laws of the Commonwealth of Pennsylvania.

(14) 

Motels. Where permitted, motels shall be subject to the following safeguards and regulations:

(a) 

Where two or more buildings are proposed as a land development, a plat shall be prepared and submitted to the Borough in accordance with the requirements of Chapter 185, Subdivision and Land Development, for action by the Borough Council.

(b) 

No motel shall have a lot area of less than 20,000 square feet, and where one building is proposed, plans shall be submitted to and approved by the Zoning Officer.

(c) 

Front, side, and rear yards of the motel shall be permanently landscaped and maintained in good condition.

(d) 

Off-street parking and loading spaces for other facilities developed as part of the motel premises shall be provided as required by Article XV of this chapter.

(e) 

Every unit shall be provided with running hot and cold water and separate toilet facilities.

(f) 

Motel buildings or parts thereof shall be placed no closer to any lot line than 30 feet.

(g) 

The space between motel buildings shall be not less than 20 feet, and the space between the fronts or rears of units shall be not less than the dimensions required for courts, where such are formed by the arrangements of units.

(h) 

When the application for a permit is for a single motel building, a plan shall be submitted to the Zoning Officer showing the following:

[1] 

Extent and area of property.

[2] 

Entrance, exits, driveways, roads, parking areas, and walks.

[3] 

Location of the main building and accessory buildings.

[4] 

Plan for storm drainage.

[5] 

Plan for soil erosion and sedimentation control.

[6] 

Plan for supply of electricity, gas, and other utilities.

(15) 

Public utility facilities. Public utility facilities shall be permitted in any district without regard to the use and area regulations; provided, however, that buildings or structures erected for these utilities shall be subject to the following regulations:

(a) 

Front, side, and rear yards shall be provided in accordance with the regulations of the district in which the facility is located.

(b) 

Height shall be as required by the district regulations.

(c) 

Unhoused equipment shall be enclosed with a chain-link fence six feet in height.

(d) 

Housed equipment. When the equipment is totally enclosed within a building, no fence or screen planting shall be required; however, the yard areas shall be in conformity with the district in which the facility is located.

(e) 

Screen planting in residential and commercial districts. The required fence for unhoused equipment shall be surrounded by an evergreen planting as approved by the Planning Commission.

(f) 

The external design of the building shall be in conformity with the buildings in the districts.

(16) 

Automobile service stations and other drive-in-type uses. Such uses, where permitted, shall comply with the following:

(a) 

No street entrance or exit for vehicles and no portion or equipment of such service station or other drive-in uses shall be located:

[1] 

Within 200 feet of a street entrance or exit of any school, park, or playground conducted for and attended by children.

[2] 

Within 100 feet of any hospital, church, or public library.

[3] 

Within 75 feet of a lot in a residential district as established in this chapter.

(b) 

No equipment above surface of ground for the service of motor vehicles shall be closer than 25 feet to any property line.

(c) 

The width of any entrance driveway leading from the public street to such service station or other drive-in use shall not exceed 30 feet at its intersection with the curbline or edge of pavement.

(d) 

No two driveways leading from a public street to such service station or other drive-in shall be within 15 feet of each other at their intersection with the curb or street line.

(e) 

Parking and vehicle access shall be so arranged that there will be no need for the motorists to back over sidewalks or into streets.

(17) 

Mixed uses.

(a) 

When two or more principal uses occupy the same lot but not the same building, all parking, lot area, lot width, yard setback, height, and building area requirements shall be provided so that the requirements pertaining to each use will be met in full.

(b) 

No building to the rear of and on the same lot with a main building shall be erected or used for residence purposes unless such rear building conforms with all use, height, access, and area requirements of the district in which it is located.

(c) 

When two or more principal uses occupy the same building on the same lot, all parking, lot area, and building area requirements shall be provided so that the requirements pertaining to each use will be met in full.

(18) 

Municipal uses. In any district, a building may be erected, altered, or extended and land may be developed which is arranged, intended, or designed for municipal uses, including municipal recreation use.

(19) 

Private swimming pool. A private swimming pool may be erected as an accessory use in any district, provided it complies with the following:

(a) 

The pool is used solely for the enjoyment of the occupants of the principal use of the property on which it is located, including guests.

(b) 

It may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than 10 feet to any property line, nor shall it be nearer to any street line upon which the residence abuts than the existing setback line of the residence; however, in no case shall it be any closer than 20 feet from any street line.

(c) 

All permanent swimming pools now existing or hereafter constructed, installed, established or maintained shall be enclosed by a permanent fence of durable material at least four feet in height, but not more than six feet in height, and shall be so constructed as not to have openings, mesh or gaps larger than four square inches in any direction, and if a picket fence is erected or maintained, the horizontal dimension shall not exceed four inches. All gates used in conjunction with the fence shall meet the same specifications as to the fence itself and shall be equipped with approved locking devices and shall be locked at all times when the swimming pool is not in use.

(d) 

A dwelling or accessory building may be considered as part of the fence required under this section; however, the height requirements for a fence shall not apply to the building.

(e) 

The provisions regulating fencing shall not apply to pools having sides extending four feet above grade, providing that the stairs, or other means of access to the pool, are removed or locked in such a position as to make it readily inaccessible when not in use.

(f) 

No private pool shall be used in such a manner as to create a nuisance to other property owners in the vicinity.

(g) 

All materials used in the construction of private pools shall be waterproof and so designed and constructed as to facilitate emptying and cleaning and shall be maintained and operated in such a manner as to be clean and sanitary at all times.

(h) 

Private pools shall not be connected to the sanitary sewer system, and all waters from the pool shall be discharged in such manner that another person's property is not damaged or affected by the discharge of the said water. Water may be discharged from a swimming pool into a street, if proper drainage facilities are available and with the permission of the Borough Council.

(i) 

Enclosed indoor pools must comply with applicable regulations pertaining to accessory structures.

(j) 

All existing permanent swimming pools shall be fenced within 180 days after passage of this chapter.

(20) 

Commercial and industrial uses. In order that the Zoning Officer may have a reasonable basis upon which to approve a proposed commercial or industrial operation for conformity to the requirements of this chapter, the following data shall be submitted with an application for a permit:

(a) 

Plot plan.

(b) 

Architectural building plan.

(c) 

Description of operation.

(d) 

Plans for water supply and sewage disposal.

(e) 

Plans for prevention or control of noise, vibration, glare, fire hazards, air pollution, water pollution, and traffic.

(f) 

Proposed fuel.

(g) 

Number of shifts and maximum employment per shift.

(h) 

Additional pertinent data as may be required by the Zoning Officer.

(i) 

Where two or more buildings are proposed as a land development, a plat shall be prepared and submitted in accordance with the requirements of Chapter 185, Subdivision and Land Development, for action by the Borough Council.

(21) 

Solar collectors and solar-related equipment shall be permitted in any district as an appurtenance to a building or as a detached accessory structure.

(22) 

Private yard and garage sales. Such activities may be permitted based on the following conditions:

(a) 

Such sales are limited to two per year per dwelling unit.

(b) 

All activities are conducted in such a manner that no hazards or nuisances are created.

(c) 

The duration of such a sale shall not exceed two consecutive days and shall not commence prior to 9:00 a.m. nor continue after sunset.

(23) 

Windmills, windwheels, and wind-energy conversion systems. Windmills, windwheels, and wind-energy conversion systems (WECS) shall be permitted in all districts, subject to the following conditions:

(a) 

The structure supporting the wind rotor unit, including any necessary guideposts and supporting cables, shall be independent of any occupied structure and located a minimum distance of the tower height plus 10 feet from any occupied dwelling and shall not be more than 75 feet in height.

(b) 

The minimum distance between the tower and any property line shall be not less than twice the height of the tower.

(c) 

The minimum distance between grade and the lowest point of the rotor blade shall be 20 feet.

(d) 

All electric lines/utility wires shall be buried underground.

(e) 

Any mechanical equipment associated and necessary for operation, including a building for batteries and storage cells, shall be enclosed with a six-foot fence. The supporting structure shall also be enclosed with a six-foot fence, unless the base of the tower is not climbable for a distance of 12 feet.

(f) 

When a building is necessary for storage cells or related mechanical equipment, the building shall not exceed 140 square feet in area nor eight feet in height and must be located at the base of the supporting structure.

(g) 

One windmill/windwheel/WECS shall be permitted per property.

(h) 

The resultant energy harnessed from the wind shall not be used on property other than that on which located, unless all applicable cogeneration requirements are met.

(i) 

The supporting structure and generating unit shall be kept in good repair and sound condition. Upon abandonment of use, the supporting structure and related structure shall be dismantled and removed from the property within 60 days.

(j) 

The applicant shall demonstrate that any noise from the wind-generating unit shall not exceed 45 dB(A), measured at the property line.

[1] 

A "decibel" shall mean a unit for measuring the relative intensity of sounds. More specifically, a unit for expressing the ratio of two amounts of acoustic signal power equal to 10 times the common logarithm of this ratio.

[2] 

"A-weighted sound level" shall mean the total sound level in decibels of all sound as measured with a sound-level meter with a reference pressure of 20 micropascals using the A-weighted network (scale) at slow response. The unit of measurement shall be defined as "dB(A)."

(24) 

Conditional use criteria. In addition to the standards and criteria contained in this chapter, the Planning Commission and Borough Council shall consider the following when reviewing conditional use applications:

(a) 

Compatibility with adjoining land uses.

(b) 

The uses are in accord with the general health, welfare, and development of the Borough.

(c) 

The spirit and intent of this chapter are not violated.

(d) 

No hazardous conditions will result.

(25) 

Day-care facility. Day-care facilities shall comply with the following:

[Added 5-17-2005 by Ord. No. 360]

(a) 

Facility shall obtain and maintain a valid certificate of compliance or equivalent licensure from the Department of Public Welfare of the Commonwealth of Pennsylvania.

(b) 

An outdoor play area shall be provided at a rate of _____ square feet per individual enrolled. Off-street parking compounds shall not be used as outdoor play areas. Outdoor play areas shall be completely enclosed by a minimum four-foot-high fence. All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion.

(c) 

Passenger dropoff and pickup areas shall be provided and arranged so that passengers do not have to cross traffic lanes to access the facility.

(d) 

One off-street parking space shall be provided for each provider during the period when the largest number of providers are present.

(e) 

Adequate safeguards shall be provided to protect the children from nearby nonresidential activities and uses.

B. 

Prohibited uses. The following uses are prohibited in all districts throughout the Borough:

(1) 

The incineration, reduction, or storage of garbage, offal, animals, fish, or refuse, unless by the authority of or under the supervision of the municipality.

(2) 

Dumps and dumping of any kind, unless by the authority of or under the supervision of the municipality.

(3) 

Junkyards.

(4) 

Dog kennels.

(5) 

Racetracks for stock cars, midget cars, and other motorized vehicle racing.

(6) 

Raising of livestock.

(7) 

The operation of any business which has as a substantial or a significant portion of its stock-in-trade obscene materials or offers live entertainment appealing to the prurient interest.

(8) 

Massage parlor. The operation of any massage parlor in which any of the following activities are carried on:

(a) 

The treatment of any person, except upon the signed order of a licensed physician, osteopath, chiropractor, or registered physical therapist, which order shall be dated and shall specifically state the number of treatments. The date and hour of each treatment given and the name of the operator shall be entered on such order by the establishment where such treatments are given and shall be subject to inspection by the police. The requirements of this provision shall not apply to treatments given in the office of a licensed physician, osteopath, or registered physical therapist, chiropractor, or in a regularly established and licensed hospital or sanitarium.

(b) 

The massage of, or physical contact with, the sexual or genital parts of one person by any other person. "Sexual or genital parts" shall include the genitals, pubic area, buttocks, anus, or perineum of any person, or the vulva or breasts of a female.

(c) 

The failure to conceal with a fully opaque covering the sexual or genital parts of the body of any person.

C. 

Uses not provided for. Whenever in any district established under this chapter, a use is neither specifically permitted or denied and an application is made by a property owner to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Zoning Hearing Board, which shall have the authority to permit the use or deny the use. The use, however, may be permitted if it is similar to and compatible with permitted uses in the district and in no way is in conflict with the general purpose and intent of this chapter.

A. 

The height of a building may exceed the maximum permitted height by one foot for each additional foot by which the width of each yard exceeds the minimum yard regulation for the district in which the building is located, provided the total height does not exceed the maximum permitted height by more than 15%.

B. 

Height regulations shall not apply to spires, belfries, cupolas, domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, utility poles or towers, solar collectors, and ornamental or necessary mechanical appurtenances.

C. 

For all residential uses, accessory buildings shall not exceed 15 feet in height.

A. 

On a lot held in single and separate ownership which does not fulfill the regulations for the minimum area and yard dimensions for the district in which it is located, a building may be erected, altered, and used thereon, providing the yard space is not less than the minimum specified herein. [See § 225-74B(2) below.]

B. 

The area, width, and depth of lots shall provide adequate open space for off-street loading, unloading, and/or parking space.

A. 

Front yards.

(1) 

When a vacant lot is situated between two lots, each occupied by a principal building which extends into the front yard, the front yard of such vacant lot may be the average depth of the front yards of such two adjacent occupied lots.

(2) 

An accessory building shall not be erected or substantially altered within any front yard.

B. 

Side yards.

(1) 

On a corner lot, the side yard abutting the street shall have a width at least equal to the depth of the front yard required in the district and shall be subject to all front yard requirements of this chapter.

(2) 

On a lot in a district where residential structures are permitted, held in single and separate ownership at the effective date of this chapter, with a lot width less than required for the zone district, only one single-family dwelling may be erected, and side yards shall be provided according to the following requirements:

(a) 

On interior lots with a width of 50 feet or more, two side yards shall be provided as required by the district regulations.

(b) 

On corner lots with a width of 50 feet or more, two side yards shall be provided. The exterior side yard may be reduced by the number of feet by which the lot width is less than the district requires, but may not be reduced to less than the required interior side yard. The interior side yard shall be provided as required by the district regulations.

(c) 

On lots less than 50 feet, but not less than 27 feet in width, two side yards shall be provided, each equaling 20% of the lot width.

(d) 

On lots less than 27 feet, but not less than 20 feet in width, the building shall be 16 feet in width and only one side yard shall be provided, equaling in width the difference between the lot width and 16 feet. One sidewall of the building shall be constructed abutting the lot line without openings but shall not be constructed as a party wall.

(3) 

On a lot in a commercial or industrial district, held in single and separate ownership at the effective date of this chapter, with a lot width less than required for the zone district, the required side yards shall be determined by the Zoning Hearing Board upon application for a variance based on the same criteria as listed under Subsection B(2) above for residential structures.

(4) 

Any accessory building may be erected within one of the side yards or within the rear yard, provided:

(a) 

Such accessory building shall be not less than 10 feet farther back than the rearmost portion of the main building.

(b) 

Where such side or rear yard is along an alley, the accessory building shall be located not less than five feet from the alley.

(c) 

Where such side or rear yard is adjacent to another lot, the accessory building shall be not less than three feet from any lot line.

(d) 

When an accessory building is erected within the side or rear yard adjacent to a side street on a corner lot, the accessory building shall be not less than the required front yard depth from the exterior side lot line.

(e) 

On a corner lot in any residential district, an accessory building shall not be erected within the required building setback line of the exterior side lot line (street line); provided, however, that when the main buildings exist on both the corner lot and the lot abutting the rear of the corner lot, an accessory building may erected at the average distance from the street line, established by the existing main buildings.

(5) 

A carport, open on three sides, may be erected within one of the side yards when attached to a main building existing at the effective date of this chapter, provided the carport shall be not less than five feet from the side lot line.

A. 

Unless otherwise provided for in this chapter, where a commercial or manufacturing use adjoins a residential district, and where a residential use adjoins a limited-access highway, a buffer yard of not less than 15 feet in depth shall be provided along the lot lines, in addition to the yards required for the district in which it is located.

B. 

All buffer yard areas shall be planted and maintained with a plant material, and, in C-G and M Districts, a screen planting shall be planted and maintained to the full length of side and rear lot lines which do not abut streets.

C. 

All buffer yards shall be provided in accordance with the following:

(1) 

All buffer yards shall be planted with grass or ground cover and, where required, a dense screen planting. Buffer yards shall be maintained and kept free of all debris and rubbish.

(2) 

No structure, manufacturing, or processing activity or storage of materials shall be permitted in buffer yards; however, access roads, service drives, and utility easements not more than 35 feet in width are permitted to cross a buffer yard, provided that the angle of the center line of the road, drive, or easement crosses the buffer yard at an angle not less than 60°.

(3) 

The parking of automobiles may be permitted in a portion of the buffer yard as determined by the Zoning Officer, upon review and recommendations by the Planning Commission.

(4) 

Screen planting shall be located in the exterior portion of the required buffer yards and shall be in accordance with the following requirements:

(a) 

Plant materials used in screen planting shall be at least four feet in height when planted, shall be planted no more than three feet apart, and shall be of such species as will produce, within three years, a complete year-round visual screen of at least six feet in height;

(b) 

The screen planting shall be maintained permanently, and any plant material which does not live shall be replaced within one year;

(c) 

The screen planting shall be so placed that, at maturity, it will be not closer than three feet from any ultimate right-of-way or property line;

(d) 

A clear sight triangle shall be maintained at all street intersections and at all points where vehicular accessways intersect public streets;

(e) 

The screen planting shall be broken only at points of vehicular or pedestrian access;

(f) 

Trees that shall not be used in planting of buffer yards are:

[1] 

Poplars: all varieties;

[2] 

Willows: all varieties;

[3] 

White or silver maple (acer saccharinum);

[4] 

Aspen: all varieties;

[5] 

Common black locust; and

(g) 

Prior to the issuance of a building permit, plans for buffer yards shall be submitted for review and approval to the Zoning Officer. Said plans shall show the arrangement of all of the buffer yards and the placement, species, and size of all plant materials to be placed in such buffer yard. Said plan must be reviewed by the Planning Commission and approved by the Zoning Officer before a building permit may be issued.

Solar collectors and unenclosed ground-story terraces, patios, and porches may project into any required yard not more than 1/2 its required dimension and not more than 10 feet in any case. Chimneys, flues, columns, sills and ornamental architectural features may project not more than two feet into a required yard.

A. 

Walls, fences, signs, or other structures shall not be erected or altered, and hedges, trees, or other plant material shall not be planted or maintained, which may cause danger to traffic on a street or road by obstructing the view.

B. 

A clear sight triangle of 25 feet, measured along the street lines of intersecting streets, shall be maintained, within which such structures or planting shall be limited to a height of not more than three nor less than 10 feet above the street grade, excepting the trunks of street or other ornamental trees whose foliage is kept trimmed to a height of 10 feet above the street grade.

A. 

Fences and walls may be erected, altered, and maintained within yards, provided that any such fence or wall in the front yard shall not exceed three feet in height, and any fence or wall in the side or rear yard may be a maximum of eight feet in height, provided that any fence or wall exceeding six feet in height shall contain openings therein equal to 50% of the area of that portion of the wall or fence exceeding six feet.

B. 

If the fence is wood cover on wood frame, the framework must face onto the interior of the lot, unless the fence is so designed as to provide equal frame and cover area to adjoining yards.

C. 

If the fence is open metal mesh, supported by posts and frame of either pipe or wood, the posts and frames must be on the interior of the mesh.

D. 

If the fence is of masonry construction, a finished surface must be provided on the exterior side.

E. 

No fence shall be constructed in any street or alley right-of-way.

F. 

All fences must meet the intersection visibility requirements set forth in § 225-77 above.

G. 

No portion of any fences shall be electrified or contain barbed wire.

The minimum habitable floor area of a dwelling unit hereafter erected shall be 600 square feet. In the case of apartment houses, the minimum habitable floor area shall be not less than 300 square feet per apartment, except those apartments designed for and occupied exclusively by one person, which apartments shall each contain not less than 200 square feet of habitable floor area.

Any illumination shall be arranged in such a manner that the light shall be shielded from any residential building and shall not fall within the right-of-way of any street or highway.

Hereafter, all uses of land, buildings, and structures or industrial processes shall be prohibited that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, odor, gas fumes, noise, vibration, or similar substances or condition. Uses may be permitted, except those specifically prohibited in the district regulations or general provisions, if safeguards to protect the health, safety, morals, and the general welfare of the community are established by a written agreement between Borough Council and the property owner, subject to the securing of a permit therefor and subject to the carrying out of such provisions, restrictions, and safeguards.

A. 

Prior to obtaining a permit for any construction or earthmoving activities, the applicant must submit an erosion and sedimentation control plan and surface water management plan for approval by Borough Council and the Borough Engineer.

B. 

Such plans shall be in conformance with those standards set forth in Chapter 185, Subdivision and Land Development, and any other applicable state, county, and Borough regulations.

The application for a permit for any and all uses shall be accompanied by a site plan showing building location, service and parking areas, and access to highways. Where a driveway or access road gives access to a state road or highway, approval by the Pennsylvania Department of Transportation shall be required.

The area, width, or depth of any lot shall not be reduced by subdivision, sale, or development so that the lot width, lot area, lot area per dwelling unit, courts and yards, or other spaces are smaller, or so that the coverage is greater, than prescribed herein.

Courts shall conform to the following:

A. 

An open space in the form of an inner court or outer court shall be provided in connection with any building in any residential or business district wherever any room therein in which a person or persons live, sleep, or congregate cannot be adequately lighted and ventilated. Such court shall be adjacent to such rooms, the windows of which shall open in such court. (This section shall not apply to specialized commercial or manufacturing processes where controlled light and/or ventilation are required.)

B. 

Outer court.

(1) 

The width of any outer court upon which windows open from a living room, bedroom, or dining room shall be not less than the height of any wall opposite such windows. However, when the depth of such court is less than six feet, the minimum width may be as little as twice the depth.

(2) 

The depth of an outer court formed by walls on three sides shall be not greater than 1 1/2 times the width.

(3) 

The width of an outer court shall be not less than 2/3 the height of any opposing wall forming said court.

C. 

Inner court.

(1) 

The least dimension of an inner court shall be not less than the full height of the walls enclosing such court, but not less than 50 feet for apartment buildings and not less than 10 feet for two-family dwellings.

(2) 

An open and obstructed passageway shall be provided for each inner court. Such passageway shall have sufficient cross-section area and headroom for the passage of firefighting equipment and shall be continuous from the inner court to a yard or an unobstructed open area with access to a street.

No abandoned motor vehicle shall be permitted on private property in the Borough for a period in excess of 30 days unless it is enclosed in a four-walled enclosure so as to prevent it from public view, or unless a permit has been granted as hereinafter provided.

A. 

Permits. Any person desiring to keep an abandoned motor vehicle(s) on private property in the Borough in excess of 30 days shall apply in writing to the Zoning Officer for a permit to do so. Such application shall set forth the location, description, and ownership of the land on which such motor vehicle(s) are to be kept, the number and the nature thereof, the titled owner(s) thereof, the purpose of keeping the motor vehicle(s), and shall be signed by the person(s) in whose name(s) the motor vehicle(s) are titled. The application shall be accompanied by an application fee of $15.

B. 

Upon receipt of the application, the Zoning Officer may issue a permit to allow the keeping of the motor vehicle(s) on private property for a period of 30 days.

C. 

A permit may be renewed for an additional 30 days if the owner makes application for renewal prior to the expiration of a permit issued and pays a renewal fee of $50. No more than one permit and one renewal may be issued for any one vehicle.