[Ord. 984, 12/14/2015]
The supplemental regulations in this Part supplement the requirements
of Parts 4 through 8 governing each zoning district and shall apply
to all uses in all zoning districts.
[Ord. 984, 12/14/2015]
All permitted uses, conditional uses and uses by special exception
in all districts shall comply with the requirements of this section.
The method of determining compliance at the time of application and
continuing compliance by an established use shall be subject to §§ 1001.10
and 1001.11.
1001.1.
Fire Protection. Fire prevention and firefighting equipment
acceptable to the Board of Fire Underwriters shall be readily available
when any activity involving the handling or storage of flammable or
explosive materials is carried on.
1001.2.
Electrical Disturbance. No activity shall cause electrical disturbance
adversely affecting radio or other equipment in the vicinity.
1001.3.
Noise. No operation or activity shall cause or create noise
in excess of the sound levels prescribed below:
A. Conservation and Residential Districts. At no point beyond the boundary
of any lot within the C, R-1 or R-2 Districts shall the exterior noise
level resulting from any use or activity located on such lot exceed
a maximum of 60 dBA for more than four hours during any twenty-four-hour
equivalent period.
B. Commercial Districts. At no point on or beyond the boundary of any
lot within any M District shall the exterior noise level resulting
from any use or activity located on such lot exceed a maximum of 65
dBA for more than eight hours during a twenty-four-hour equivalent
period.
C. Industrial District. At no point on or beyond the boundary of any
lot within any I District shall the exterior noise level resulting
from any use or activity located on such lot exceed a maximum of 75
dBA for more than eight hours during a twenty-four-hour equivalent
period.
D. Where two or more zoning districts in which different noise levels
are prescribed share a common boundary, the most restrictive noise
level standards shall govern.
E. The following uses or activities shall be exempted from the noise
regulations:
(1)
Noises emanating from construction or maintenance activities
between 7:00 a.m. and 9:00 p.m.
(2)
Noises caused by safety signals, warning devices and other emergency-related
activities or uses.
(3)
Noises emanating from public or private recreational uses between
7:00 a.m. and 11:00 p.m.
F. In addition to the above regulations, all uses and activities within
the Borough shall conform to all applicable county, state and federal
regulations. Whenever the regulations contained herein are at variance
with any other lawfully adopted rules or requirements, the more restrictive
shall govern.
1001.4.
Vibrations. Vibrations detectable without instruments on neighboring
property in any zoning district shall be prohibited.
1001.5.
Odors. No malodorous gas or matter shall be permitted which
is discernible on any adjoining lot or property.
1001.6.
Smoke, Ash, Dust, Fumes, Vapors and Gases.
A. Smoke which is of a shade equal to or darker than No. 3 on the Standard
Ringlemann Chart issued by the United States Bureau of Mines shall
not be emitted by industrial or commercial uses for longer than eight
minutes in any hour.
B. No pollution of air by flash, dust, smoke, vapors or other substance
shall be permitted which is harmful to health, animals, vegetation
or other property.
1001.7.
Glare. All lighting devices shall be designed with shields,
reflectors or refractor panels that direct and cut off light at a
cutoff angle that is less than 60°. (See the illustration of cutoff
angle in Appendix B.) In no case shall there be spillover lighting on any adjacent
residential property in excess of 0.2 footcandle.
1001.8.
Erosion. No erosion by wind or water shall be permitted which
will carry objectionable substances onto neighboring properties.
1001.9.
Water Pollution. Water quality shall be subject to the standards
established by the Pennsylvania Department of Environmental Protection
(PA DEP).
1001.10.
Determination of Compliance with Performance Standards. During
the review of an application for zoning approval, the applicant may
be required to submit data and evidence documenting that the proposed
activity, facility or use will comply with the provisions of this
section. In reviewing such documentation, the Borough may seek the
assistance of any public agency having jurisdiction or interest in
the particular issues, and the Borough may seek advice from a qualified
technical expert. All costs of the expert's review and report
shall be paid by the applicant. A negative report by the technical
expert and the applicant's refusal or inability to make alterations
to ensure compliance with this section shall be a basis for denying
approval of the application.
1001.11.
Continuing Enforcement.
A. The Zoning Officer shall investigate any purported violation of the
performance standards by any use or activity established after the
effective date of this chapter and, subject to the approval of Borough
Council, may employ qualified technical experts to assist in the determination
of a violation. Costs of the services of such experts shall be paid
by the owner or operator of the facility or use accused of the violation
if the facility or use is found to be in violation. If the facility
or use is found to be in compliance with the performance standards,
said costs shall be borne by the Borough.
B. If the facility or use is found to be in violation, the owner or
operator shall be given written notice of violation in accordance
with § 1501 of this chapter and a reasonable length of time
to correct the violation. Failure to correct the violation shall be
subject to the penalty provisions of this chapter and shall result
in the revocation of the certificate of occupancy for the facility
or use.
[Ord. 984, 12/14/2015]
In addition to the yard requirements specified in each zoning
district, the following yard requirements shall apply in all zoning
districts to the applicable circumstances described below.
1003.1.
Corner Lots. Corner lots shall provide front yards on each street
frontage. The remaining two yards shall constitute side yards.
1003.2.
Nonconforming Lots of Record. See § 1303 of this chapter.
1003.3.
Accessory Structures. Accessory structures shall be permitted
in all zoning districts, provided that the structures and use thereof
meet all the zoning requirements applicable to accessory structures
in the district in which they are located. In all zoning districts,
the following regulations shall apply to accessory structures:
A. Private Swimming Pools.
(1)
A swimming pool, as defined herein, whether aboveground or in-ground,
accessory to a single-family dwelling, may be located within the required
rear yard, provided that an aboveground swimming pool shall be located
at least five feet from any rear or side property line and an in-ground
pool shall be located at least 10 feet from the rear property line
and eight feet from the side property lines. Except for the buildings,
equipment, and appurtenances incidental to the pool, a private residential
swimming pool shall be enclosed by a nonconducting fence or other
enclosure at least four feet in height which can be locked to prevent
accidental or unauthorized entry.
(2)
In the case of an aboveground pool, when any point on the top
circumference of the pool is less than four feet above the adjacent
ground level, the entire pool shall be enclosed by a continuous fence
or wall not less than four feet in height with a self-closing, self-latching
gate. Any aboveground pool that is at least four feet above the adjacent
ground level around the entire top circumference of the pool shall
not be required to be fenced, provided that the pool has a retractable
ladder or steps that are kept retracted when the pool is not in use.
B. Private Sports Courts Accessory to a Dwelling. Sports courts accessory
to a dwelling shall be located only in a rear yard and shall be no
closer to the side or rear property line than 10 feet. Lighting of
the sports court shall not be permitted. All sports courts shall be
enclosed by a fence that is a minimum of eight feet in height and
a maximum of 10 feet in height and that shall contain openings equal
to 75% or more of the surface area of the fence. The area of the sports
court shall not exceed 50% of the total area of the lot defined by
the side lot lines, rear lot line and rear wall of the dwelling.
C. Fences, Walls, Hedges and Railings. Fences, walls, hedges and railings
may be provided if the following conditions are met:
(1)
Adequate gates and entries not less than three feet in width
shall be provided to ensure safe access to all structures.
(2)
No fence, wall, hedge or railing in any front yard shall exceed
four feet in height.
(3)
Fences, walls or hedges not more than six feet in height may
be constructed in side and rear yards but shall not be placed in any
required front yard, unless they do not exceed four feet in height.
(4)
In no instance shall any aboveground fence be electrically charged
or wired to accept an electrical charge.
(5)
No barbed wire shall be permitted except on property in an I
District.
(6)
Fences may be located on the property line.
(7)
All fences, walls, hedges and railings shall be located so as
to maintain visibility for traffic on adjacent streets and traffic
entering and leaving properties and shall comply with the clear sight
triangle requirements of § 1003.4 of this chapter.
D. Satellite or Parabolic Dish Antennas. Satellite or parabolic dish
antennas with a diameter of one meter or less shall be exempt from
these regulations. All other satellite or parabolic dish antennas
may be erected as accessory structures in any zoning district, subject
to the following regulations:
(1)
No such antenna shall be located in any front yard.
(2)
No such antenna shall be located on the roof of any accessory
building.
(3)
No more than one satellite or parabolic dish antenna shall be
located on any one lot.
(4)
In the R-1 and R-2 Districts, no such antenna exceeding four
feet in height, diameter or depth shall be installed on any roof or
above any building. In C Conservation, M Mixed-Use, and I Industrial
Districts, no such antenna exceeding 12 feet in height, diameter or
depth shall be installed on any roof or above any building.
(5)
In the R-1 and R-2 Districts, when roof-mounted on a principal
structure, the satellite or parabolic dish antenna shall be located
so that it is not visible from the street.
(6)
The diameter of any satellite or parabolic dish antenna, other
than those installed on a roof or above a building, shall not exceed
12 feet.
(7)
No part of any freestanding antenna structure shall be located
any closer than 10 feet to any property line.
(8)
The maximum height of any freestanding satellite or parabolic
dish antenna shall be 15 feet.
E. Radio or Television Antennas. A radio or television antenna for personal
use by private citizens shall be permitted as an accessory use, subject
to compliance with all applicable Federal Communications Commission
(FCC) licensing regulations. Such antennas may exceed the height limitations
of the zoning district in which they are located to the minimum height
necessary to provide the operator with effective communications.
(1)
A radio or television antenna structure may be mounted on a
roof or installed in a rear yard only, provided that no such structure
shall be located within 20 feet of any property line.
(2)
The maximum height for such structure shall not exceed that
otherwise allowed in the zoning district in which it is located by
more than 20 feet. If placed on a roof, any antenna structure exceeding
eight feet in height shall be mounted with guyed wires.
(3)
Any such structure shall comply with applicable airport zoning
and Federal Communications Commission (FCC) regulations.
(4)
Radio or television antenna structures located on the ground
shall be screened from adjacent properties by evergreen trees or other
suitable material, as approved by the Borough.
F. Canopies and Similar Structures. Canopies and similar permanent freestanding
roofed structures without walls shall be permitted to cover outdoor
seasonal display and sales areas or fuel-dispensing areas accessory
to authorized uses in the M Mixed-Use District, provided that:
(1)
Such structure may be attached to the principal building;
(2)
Such structure shall be located at least 10 feet from any property
line or street right-of-way; and
(3)
Such structure shall not be enclosed.
G. Residential Accessory Storage Structures and Detached Garages. No
detached garage or storage structure accessory to a dwelling shall
be located in the minimum required front yard. In all districts, detached
garages and storage structures accessory to a dwelling shall be located
at least 10 feet from any rear property line and at least eight feet
from any side property line.
H. All Other Residential Accessory Structures. No other residential
accessory structure shall be located in the minimum required front
yard. In all districts, all other residential accessory structures
with permanent foundations shall be located at least 10 feet from
any rear property line and at least eight feet from any side property
line. All other accessory structures without permanent foundations
shall be located at least five feet from any rear or side property
line.
I. Structures Accessory to Nonresidential Structures and Buildings.
(1)
No structure accessory to a nonresidential building or structure,
other than an authorized sign, canopy or off-street parking area,
shall be located in the required front or side yard. Off-street parking
areas and signs shall be subject to the requirements of Articles XI
and XII. Canopies shall be subject to § 1003.3F of this
chapter.
(2)
All other structures accessory to nonresidential buildings or
structures shall not be located within any required buffer area. Where
a buffer area is not required, setbacks for accessory structures shall
comply with the requirements specified in each zoning district.
1003.4.
Visibility at Intersections. No object, including, without limitation,
fences, landscaping rocks, hedges, trees and other plantings, buildings,
structures, walls and signs, exceeding a height of three feet as measured
from the lowest elevation of the curb of any abutting street shall
be temporarily or permanently placed, erected or installed within
the clear sight triangle required at the intersection of two streets
or the intersection of a driveway or alley with a public street. The
required clear sight triangle is illustrated in Appendix A.
[Ord. 984, 12/14/2015]
The height limitations specified in the zoning districts shall
not apply to any structure where the express standards and criteria
in § 903 of this chapter specifically authorize a height
that exceeds the maximum height specified in the area and bulk regulations
for the district in which it is located. In addition, the height limitations
of this chapter shall not apply to the following structures, provided
they do not exceed the height limitations of the district in which
they are located by more than 15 feet: church spires, chimneys, elevator
bulkheads and other mechanical equipment that is part of the principal
structure, conveyors, flagpoles, silos, standpipes, elevated water
tanks, derricks, public utility structures and other structures not
intended for human habitation.