No process of manufacture or operation in connection with any of the above uses set forth in this chapter shall be permitted that is noxious or offensive by reason of the emission of odor, gas, dust, smoke or noise or that is dangerous to public safety or that does not comply with the performance standards of Article IX.
No structure, commonly known as a "roadstand,"
which is used for the sale of foodstuffs, beverages, confections,
cigars, cigarettes or tobacco in any form or any other product, shall
be permitted in the Borough of Emerson. This restriction shall not
apply to stands selling farm products which have been raised or produced
on the premises.
[Amended 4-5-2022 by Ord.
No. 1643-22]
[Amended 9-11-1984 by Ord. No. 856]
A.
No fence or wall shall be erected with or contain
barbed wire, wire mesh, expanded metal, chipped glass, topped with
metal spikes, electrically charged, temporarily expandable and collapsible
or in any manner which may be dangerous to persons or animals.
[Amended 3-2-2010 by Ord. No. 1397]
B.
Any fence, freestanding wall, shrubbery, arbor or
trellis located along the front property line or anywhere within the
required front yard setback area shall not exceed three feet in height.
[Amended 6-28-2022 by Ord. No. 1652-22]
(1)
Corner lot properties shall be exempt from the three-foot height requirement set forth in Subsection B above and shall be permitted to contain a fence, freestanding wall, shrubbery, arbor or trellis not to exceed six feet in height, pertaining to the side yard only, provided that the Emerson Police Department confirms, in writing, that the height of the fence, freestanding wall, shrubbery, arbor or trellis meets its safety standards and sight line requirement. Upon receipt of a permit application under this subsection, the Zoning Official shall submit the application to the Emerson Police Department. In the event the Police Department confirms that the requested height complies with its safety standards and sight line requirements, then a bulk variance for fence height shall not be required. In the event the Police Department cannot or will not confirm that the requested height meets its safety standards and sight line requirements, then an application for a bulk variance for fence height shall be required to be filed with the Land Use Board.
C.
The yard requirements in each zone district shall
not apply to any fence or freestanding wall.
D.
A trellis or arbor constructed within the yard requirements for accessory buildings per § 290-32 must conform to the requirements for fences, otherwise they must conform to the location requirements for accessory buildings.
E.
Fence posts and gates may extend not more than six
inches beyond the permitted height limits.
F.
Where a fence or freestanding wall is erected on uneven
ground, the height limit may be increased by not more than one foot
at the point of depression.
H.
When industrial or commercial zoned property abuts residential property, a fence, wall, arbor or trellis may be constructed along said property line by either owner not to exceed eight feet in height. The three-foot height limit as stated in Subsection B shall still prevail for front yards.
I.
Except
as herein otherwise indicated, fences and freestanding walls shall
not exceed six feet in height.
[Amended 3-2-2010 by Ord. No. 1397]
J.
Temporary fences for construction purposes are permitted to remain
in place during the length of construction. All other temporary fences
may remain in place for a period of 60 days.
[Added 5-20-2014 by Ord. No. 1478]
K.
No fence or wall shall be erected on a berm.
[Added 5-20-2014 by Ord. No. 1478]
No ornamental shrubs or any other obstruction
exceeding 2 1/2 feet in height shall be placed or maintained on any
corner formed by the intersection of street lines within the area
of a triangle having legs of 30 feet from the point of the intersection
of said street lines and a base extending from the end of one leg
to the end of the other.
[Added 7-7-2009 by Ord. No. 1377]
A.
It shall be unlawful for any person to park, place or suffer placement
of a temporary exterior storage unit which:
B.
It shall be unlawful for any person to park, place, or suffer placement
of a temporary exterior storage unit:
(1)
In or upon any street, highway, roadway, designated fire lane
or sidewalk in the Borough;
(2)
On any lot or property in the Borough other than on a concrete,
asphalt or other improved surface;
(3)
On any lot or property in the Borough used for commercial purposes
or containing three or more dwelling units in such a way as to block
or interfere with access to a garage or off-street parking areas;
(4)
In a manner that interferes with sight lines for motorists on
adjoining streets or the driveways of adjacent properties;
(5)
In a manner that obstructs the light or air of any dwelling
unit;
(6)
In a manner that obstructs safe means of access to or from any
dwelling;
(7)
In a manner that creates fire or safety hazards;
(8)
That displays advertising, other than the identification of
the manufacturer or operator of the unit.
C.
No temporary exterior storage unit shall be used to store solid waste,
construction debris, demolition debris, recyclable materials, business
inventory, commercial goods, goods for property other than at the
residential property where the temporary exterior storage unit is
located (i.e., used for retail sales) or any other illegal or hazardous
material. Upon reasonable notice to the applicant, the Borough of
Emerson may inspect the contents of the temporary exterior storage
unit at any reasonable time to ensure that it is not being used to
store said materials. At no time shall a temporary exterior storage
unit be used for any of these purposes.
D.
It shall be unlawful for any person to park, place, or suffer placement
of a temporary exterior storage unit on any lot or property in the
Borough without having obtained a permit, or in violation of permit
conditions, as provided in this section.
E.
Permits; fees. No person shall park, place or suffer placement of
a temporary exterior storage unit without first obtaining a permit
from the Borough Clerk. The permit shall specify the time period,
not exceeding 14 days, during which the unit may be kept on the property.
The following conditions shall apply:
(1)
The permit shall be obtained prior to setting the unit on the
property.
(2)
A maximum of one unit per property at any time.
(3)
No more than three permits may be issued for any lot or parcel
of property in any twelve-month period.
(4)
The permit shall specify where the unit is to be situated on
the property, which shall be on a driveway or other paved surface
at a point farthest from the street, preferably to the rear of the
principal building lot.
(6)
The application fee for the permit shall be $25 for a fourteen-day
period. Extension of a permit will cost $25 for each fourteen-day
period granted.
F.
Enforcement.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Any temporary exterior storage unit located within the Borough
of Emerson without approval pursuant to this section shall be subject
to the penalties as set forth below.
(2)
The Borough of Emerson Construction Code Official, the Fire
Official and the Emerson Police Department shall be responsible for
enforcing the provisions of this section.
(3)
Any temporary exterior storage unit which is not removed at
the end of the time for which it may lawfully remain in place, or
immediately upon the direction of a law enforcement officer for removal
of such unit for safety reasons, may be removed by the Borough immediately,
without notice, and the cost of such removal, together with the cost
of administration of its removal, may be assessed against the property
on which the temporary exterior storage unit was located and may be
filed as a lien against the property by the Borough Clerk. Such lien
shall be superior in dignity to all other liens or encumbrances upon
the property, including the lien of a mortgage, and taxes.
G.
Violations and penalties. Any person, corporation or partnership
which violates any provisions of the section shall be subject to a
fine of not less than $100 nor more than $1,000 or imprisonment for
a term of 90 days, or both, for each violation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
