A.
Frontage required onto improved street. Each proposed new lot, each land development and each proposed principal building shall be on a lot which directly abuts a public street, a street proposed to be dedicated to the Borough by the subdivision plan which created or creates such lot, or a private street which meets all of the requirements of Chapter 215, Subdivision and Land Development. In the case of townhouses, manufactured/mobile home parks, or apartments, each unit may have access onto a parking court, which then has access onto a public or private street meeting Borough standards.
B.
Number of principal uses and principal buildings per lot.
(1)
A lot in a commercial or industrial district may include more than
one permitted principal use per lot and/or more than one permitted
principal building per lot, provided that all of the requirements
are met for each use and each building. If differing dimensional requirements
apply for different uses on the lot, then the most restrictive requirement
shall apply.
(a)
For example, if Use No. 1 requires a one-acre lot area and Use
No. 2 on the same lot requires a two-acre lot area, then the lot shall
have a minimum lot area of two acres.
(b)
The applicant shall submit a site plan that demonstrates that
each structure would meet the requirements of this chapter.
(c)
The uses and buildings shall be in common ownership. However,
a condominium form of ownership of individual buildings, with a legally
binding property owners' association, may be established if the applicant
proves, to the satisfaction of the Zoning Officer, based upon review
by the Borough Solicitor, that there will be appropriate legal mechanisms
in place.
(2)
A lot within a residential district shall not include more than one
principal use and shall not include more than one principal building
unless specifically permitted by this chapter.
(a)
A manufactured/mobile home park, condominium residential development
or apartment development may include more than one principal building
per lot, provided all other requirements of this chapter are met.
A condominium form of ownership of individual dwelling units, with
a legally binding homeowners' association, may be established if the
applicant proves, to the satisfaction of the Zoning Officer, based
upon review by the Borough Solicitor, that there will be appropriate
legal mechanisms in place and compliance with applicable state law.
C.
Minimum size of dwellings. Each dwelling unit shall include a minimum
of 700 square feet of enclosed habitable, indoor, heated floor area,
which shall be primarily above the ground level.
D.
Maximum occupancy. No recreational vehicle shall be occupied on a
lot for more than 30 days in a calendar year, except as may be approved
within a campground with suitable central water and sewage service.
No mobile/manufactured home shall be occupied on a lot as a dwelling
unless it meets all of the requirements for a dwelling.
The maximum structure height specified for each district shall not apply to antennas that meet the requirements of this chapter, water towers, clock or bell towers, steeples and religious symbols attached to places of worship, electrical transmission lines, elevator shafts, windmills, skylights, chimneys, heating/ventilation/air-conditioning equipment, industrial mechanical equipment areas that are not occupied by humans, or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy. See also the definition of "height" in § 250-22 and provisions in § 250-29B.
A.
In general.
(1)
No lot, structure or use shall be created or developed in such a
way that it would result in another lot, building or use not being
able to meet the requirements of this chapter. This includes, but
is not limited to, setback areas, nonimpervious areas and off-street
parking areas.
(2)
Emergency access. All uses and structures shall have adequate provisions
for access by emergency vehicles and fire ladders. Such access shall
be maintained in a passable condition by the owner of the lot or,
where applicable, by the property owners' association.
B.
Exceptions to minimum lot areas, lot widths and yards.
(1)
Corner lots. For a corner lot, each yard that abuts a public street shall be considered a front yard and meet the requirements for minimum depth of a front yard. See definition of "lot, corner" in § 250-22.
(2)
Projections into required yards.
(a)
Cornices, footers, eaves, roof overhangs, sills or other similar
architectural features, exterior stairways, unenclosed fire escapes
or other required means of egress, rain leads, chimneys, Bilco-type
doors for basement access, window awnings, chaise for heating pipes
or other similar structures that do not include space usable by persons
may extend or project into a required yard not more than three feet,
except as may be required within a drainage or utility easement.
(b)
Steps, stoops, fire escapes, handicapped ramps, and landings
necessary to provide entrance to a building may be located within
a required setback area.
(3)
Lot widths around curves. Around the bulb of a cul-de-sac street
or on the outside of the curve of a street with a radius of less than
150 feet, the minimum lot width at the minimum building setback line
may be reduced to 60% of the width that would otherwise be required.
C.
Sight clearance at intersections. At the intersection of two streets,
and at the intersection of a commercial driveway and a street, a clear
sight triangle shall be provided. Within this triangle, no visual
obstructions shall be allowed from ground level to a height of 10
feet above ground level, except for utility posts, municipal, state
or traffic sign or signal posts and the trunks of canopy trees. The
triangle shall be measured along the edge of the travel lane of the
streets. Each leg of the triangle shall be measured 25 feet from the
intersection of the street travel lanes. A third longer leg shall
connect the two legs along the street cartways to form the triangle.
[Amended 8-4-2010 by Ord. No. 2010-1]
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(1)
However, in place of the above sight triangle, where a local street
intersects an arterial or collector street with a stop sign only at
the local street, the leg of the triangle along the arterial or collector
street shall be increased to 300 feet, and the leg along the local
street shall be decreased to 15 feet beyond the travel lane of the
arterial or collector street.
(2)
The clear sight triangle shall be kept free of such obstructions
in perpetuity.
D.
Buffer yards. Buffer yards, including plant screening, complying
with the following standards shall be required under the following
situations, unless a more restrictive provision is established by
another section of this chapter:
(1)
A minimum eight-foot-wide buffer yard with plant screening shall
be required along the rear and side lot lines of any lot used principally
for principal nonresidential purposes that is contiguous to a lot
line of a residentially zoned lot occupied by an existing principal
dwelling.
(a)
If a principal business use will include areas used for manufacturing
or will have a loading dock that will be routinely serviced by two
or more tractor-trailer trucks or refrigerated trucks, then the minimum
buffer yard width along such manufacturing area and/or loading dock
shall be increased to 40 feet, and the minimum initial height of plantings
shall be increased to six feet.
(b)
If a dwelling will be on the same lot as a principal business
use, then a buffer yard shall not be required by this section.
(c)
A ten-foot minimum buffer yard with landscaped screening shall
be required where a subdivision or land development of new dwellings
will have rear yards abutting a public street.
(d)
A buffer yard is also required to be provided by the following
if they are abutting and visible from a public street:
[1]
Along lot lines and street rights-of-way of any newly developed
or expanded outdoor industrial storage or loading area; or
[2]
Along lot lines and street rights-of-way of any newly developed
or expanded area routinely used for the overnight parking of two or
more tractor-trailer trucks or trailers of tractor-trailers.
(2)
A required yard may overlap a required buffer yard, provided the
requirement for each is met. The buffer yard shall be measured from
the district boundary line, street right-of-way line or lot line,
whichever is applicable. Required plantings shall not be placed within
the right-of-way, except that the Borough may allow deciduous canopy
trees.
(3)
The buffer yard shall be a landscaped area free of structures, dumpsters,
commercial or industrial storage or display, signs, manufacturing
or processing activity, materials, loading and unloading areas or
vehicle parking or display.
(4)
Fence. The Borough may require the installation of a mostly solid
decorative fence in addition to the plantings. Any wall or fence in
a buffer yard shall be placed on the inside (nonresidential side)
of any required plant screening. If a fence in a buffer yard has one
side that is more finished or smoother than the other side, the more
finished or smoother side shall face the outside of the buffer yard.
(5)
Each planting screen shall meet the following requirements:
(a)
Plant materials needed to form the visual screen shall have
a minimum height when planted of four feet. In addition, an average
of one deciduous shade tree, with a minimum trunk diameter of two
inches measured six inches above the finished ground level, shall
be placed for each 50 feet of length of the buffer yard. The shade
trees may be clustered or spaced unevenly.
(b)
Plants needed to form the visual screen shall be of such species,
spacing and size as can reasonably be expected to produce, within
three years, a mostly solid year-round visual screen at least six
feet in height.
(c)
The plant screen shall be placed so that, at maturity, the plants
will not obstruct a street or sidewalk.
(d)
The plant visual screen shall extend the full length of the
lot line, except for Borough-approved points of approximately perpendicular
vehicle or pedestrian ingress and egress to the lot, locations necessary
to comply with safe sight distance requirements where the plantings
cannot feasibly be moved further back, and locations needed to meet
other specific state, Borough and utility requirements, such as stormwater
swales.
(e)
American arborvitae and similar weak-stem plants shall not be
used to meet the buffer yard requirements. A monotonous straight row
of the same species is discouraged. A more naturalistic form of planting
is encouraged, with a mix of species. If more than 20 evergreen plants
are proposed, no more than 50% shall be of one species.
(f)
Evergreen trees should be planted at diagonal offsets so that
there is room for future growth of the trees.
(g)
The plant screening shall primarily use evergreen trees.
(h)
The Zoning Officer may also modify the buffer yard requirements
if necessary for firesafety reasons. The Zoning Hearing Board may,
by special exception, reduce the width of the buffer yard if the required
width is not feasible.
(6)
Buffer yard plans. Prior to the issuance of a permit under this chapter
where a buffer yard would be required, and on any required subdivision
or land development plan, the applicant shall submit plans showing:
A.
Any part of a commercial, industrial, institutional or apartment
lot which is not used for structures, loading areas, parking spaces
and aisles, sidewalks and designated storage areas shall be provided
with an all-season, well-maintained vegetative ground cover and shall
be landscaped with trees and shrubs. Landscaped areas shall be kept
free of debris, rubbish and noxious weeds.
C.
Street trees. As part of the creation of a new lot or the construction
of a new principal nonresidential building or development of a parking
area for six or more parking spaces, deciduous shade street trees
shall be planted between such lot lines, building and/or parking area
and any adjacent public street(s). This requirement shall not apply
along street segments where existing healthy trees will be preserved
and protected during construction that will serve the same purpose.
(1)
Number. A minimum average of one such tree shall be planted for each
50 feet of length of street right-of-way around the lot.
(2)
Location. Such trees may be placed immediately outside of the street
right-of-way or an alternative location acceptable to the Borough
Council.
(3)
Such street trees shall be planted in a manner approved by the Borough
to avoid conflicts with sidewalks and utilities.
(4)
Buffer. Where shade trees may be required under the buffer yard provisions,
the same tree may be used to count towards both requirements.
(6)
This requirement for street trees shall not apply for an agricultural
or single-family detached residential lot of more than three acres.
D.
Parking lot landscaping.
(1)
A minimum of one deciduous tree shall be required for every 15 new
off-street parking spaces.
(2)
If a lot will include 30 or more new parking spaces, landscaped islands
shall be provided within auto parking areas. Otherwise, the trees
may be planted around the parking area.
(3)
Deciduous trees required by this section shall meet the following
standards:
(a)
Types of trees permitted. Required trees shall be chosen from
the following list of approved street trees, unless the applicant
proves, to the satisfaction of the Borough, that another type of tree
would shade paved areas, be resistant to disease, road salt and air
pollution and be attractive:
|
Types of Permitted Deciduous Trees
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|---|---|---|
|
Botanical Name
|
Common Name
| |
|
Acer rubrum
|
Red maple
| |
|
Acer saccharum
|
Sugar maple
| |
|
Carpinus betulus
|
European hornbeam
| |
|
Celtis occidentalis
|
Common hackberry
| |
|
Fagus sylvatica
|
European beech
| |
|
Fraxinus americana
|
White ash
| |
|
Fraxinus pennsylvanica
|
Green ash
| |
|
Ginkgo biloba fastigiata
|
Maiden hair tree (male only; female has noxious odor)
| |
|
Gleditsia triacanthos
|
Thornless locust
| |
|
Liriodendron tulipifera
|
Tulip poplar
| |
|
Ostrya virginiana
|
Hop-hornbeam
| |
|
Quercus
|
All species of oaks
| |
|
Sophora japonica
|
Scholar tree/pagoda tree
| |
|
Tilia americana
|
American linden
| |
|
Tilia cordata
|
Littleleaf linden
| |
|
Tilia euchlora
|
Crimean linden
| |
|
Tilia petiolaris
|
Silver linden
| |
|
Ulmus hybrids
|
Homestead or sapporo autumn gold
| |
|
Ulmus parviflora
|
Chinese or lacebark elm, not including Siberian elm
| |
|
Zelkova serrata
|
Zelkova
| |
|
NOTE:
|
This chapter only regulates the species of trees that are used
to meet requirements of the Borough. The species of trees that are
not required by Borough ordinances are not regulated.
|
(b)
Quality of trees. Required trees shall be of symmetrical growth
and free of insect pests and disease.
(c)
Minimum size. The trunk diameter (measured at a height of six
inches above the finished grade level) shall be a minimum of two inches
or greater.
E.
Green area around trees. A minimum vegetative area shall be provided
that includes at least a three-foot minimum radius around all sides
of the trunk of each required deciduous tree that is within or adjacent
to a parking lot. Where a tree is required to be planted abutting
a street, a minimum vegetative area shall be provided that is not
less than three feet wide and three feet long surrounding the tree.
In each case, a minimum land area of 12 square feet of vegetative
area shall be provided around each required tree.
F.
Review and approval. Where landscaping is required by this chapter,
the applicant shall submit a landscaping plan, in addition to a site
plan, showing proposed initial sizes, locations and species of plantings.
G.
Landscape maintenance. All shade trees, buffer yards and other landscaping
required by this chapter shall be perpetually maintained by the property
owner. Any landscaping needed to meet a chapter requirement that dies,
is removed, or is severely damaged shall be replaced by the current
property owner, on a one-to-one basis, as soon as is practical considering
growing seasons, within a maximum of 150 days.
H.
Stormwater basin landscaping. The following requirements shall apply
to landscaping within and around stormwater management basins covering
more than 20,000 square feet in land area:
(1)
All areas of stormwater management basins, including basin floors,
side slopes, berms, impoundment structures, or other earth structures,
shall be planted with suitable vegetation, such as meadow plantings
or grasses specifically suited for stormwater basins.
(2)
Trees and shrubs shall be planted around stormwater basins that cover
more than 5,000 square feet of land and that are not designed to resemble
natural ponds. However, trees and shrubs shall not be planted in locations
that would interfere with the function of the basin. A minimum average
of two trees and 10 shrubs shall be required to be planted around
the basin for every 100 linear feet of basin perimeter. Trees shall
have an initial trunk diameter of two inches, measured six inches
above the ground. Shrubs shall have an initial height of four feet.
(3)
Natural ground cover plant species shall be planted in the floors
and slopes of the basin. These ground covers may include wildflowers,
meadows or nonaggressive grasses. Species shall be chosen that are
suitable for the expected wetness of various portions of the basin.
The plantings shall provide a continuous cover over all earth areas
of the basin. The plantings shall not interfere with the proper functioning
of the basin, in the determination of the Borough Engineer.
A.
Proof and registration of nonconformities. It shall be the responsibility
of, with the burden of proof upon, a party asserting a nonconformity
to provide the evidence that it is lawful. A property owner may request
a written statement of nonconformity from the Zoning Officer after
providing sufficient evidence.
B.
Continuation of nonconformities.
(1)
A lawful nonconforming use, structure or lot as defined by this chapter
may be continued and may be sold and continued by new owners.
(2)
Any expansion of, construction upon or change in use of a nonconformity
shall only occur in conformance with this section.
(3)
If an existing use was not lawfully established, it shall not have
any right to continue as a nonconforming use.
C.
Expansion of or construction upon nonconformities. The following shall apply, unless the structure is approved under § 250-64D:
(1)
Nonconforming structure.
(a)
The Zoning Officer shall permit a nonconforming structure to
be reconstructed or expanded, provided that:
[1]
Such action will not increase the severity or amount of the
nonconformity (such as the area of the building extending into the
required yard) or create any new nonconformity; or
(b)
In the case of a nonconforming structure which is used by a
nonconforming use, any expansion shall also meet the requirements
of this section regarding nonconforming uses.
(c)
As a special exception, the Zoning Hearing Board may approve
a reduction of up to 50% in a side or rear setback for an existing
dwelling if the applicant proves such setback is necessary to allow
a customary addition of such dwelling or a replacement of an existing
undersized dwelling with a new dwelling. This subsection shall not
allow a reduction in setback to increase the number of dwelling units
on the lot, except for a unit for care of relative.
(2)
Nonconforming lots.
(a)
Permitted construction on a nonconforming lot. A single permitted
by right principal use and its customary accessory uses may be constructed,
reconstructed or expanded on a nonconforming lot, provided all of
the following additional requirements are met:
(b)
Lot width. The fact that an existing lawful lot of record does
not meet the minimum lot width requirements of this chapter shall
not by itself cause such lot to be considered to be a nonconforming
lot.
(3)
Expansion of a nonconforming nonresidential use. A nonconforming
use or a building used by a nonconforming use shall not be expanded,
except in accordance with the following provisions:
(a)
An expansion of more than 5% in total building floor area shall require special exception approval from the Zoning Hearing Board under Article I.
(b)
Such reconstruction or expansion shall be only upon the same
lot that the nonconforming use was located upon at the time the use
became nonconforming.
(c)
The total building floor area used by a nonconforming use or
the total land area covered by the nonconforming use, whichever is
more restrictive, shall not be increased by greater than 50% beyond
what existed in the nonconforming use at the time the use first became
nonconforming.
[1]
The above maximum increase shall be measured in aggregate over
the entire life of the nonconformity. All expansions of the nonconforming
use and/or building(s) that occurred since the use originally became
nonconforming shall count towards the above maximum increase.
(d)
Any expansion of a nonconforming use shall meet the required
setbacks and other requirements of this chapter, unless the Zoning
Hearing Board grants a variance.
(4)
Expansion of a nonconforming residential use. An existing nonconforming
residential use may be expanded as a permitted by right use, provided
that the number of dwelling units or rooming house units are not increased;
the expansion meets all applicable setbacks; no new types of nonconformities
are created; and a nonconformity is not made more severe.
(5)
Nonconforming sign. The provisions of this chapter shall not provide
a right to expand or extend a nonconforming sign. Instead, any expansions
or extensions of a nonconforming sign shall comply with this chapter.
D.
Damaged or destroyed nonconformities. A nonconforming structure or
nonconforming use that has been destroyed or damaged may be rebuilt
in a nonconforming fashion only if the application for a building
permit is submitted within 18 months after the date of damage or destruction;
work begins in earnest within 12 months after the building permit
is issued and continues; and no nonconformity may be newly created
or increased by any reconstruction. The property shall be properly
secured during such time in such a way to keep out trespassers and
to avoid harm to neighboring properties.
E.
Abandonment of a nonconformity.
(1)
If a nonconforming use of a building or land is discontinued, razed,
removed or abandoned for 12 or more months, subsequent use of such
building or land shall conform with the regulations of the district
in which it is located, except:
(2)
The applicant shall be responsible to provide clear and convincing
evidence that the nonconformity was not abandoned.
(3)
An existing lawful separate dwelling unit may be unrented for any
period of time without being considered abandoned under this chapter.
F.
Changes from one nonconforming use to another.
(1)
Once changed to a conforming use, a structure or land shall not revert
to a nonconforming use.
(2)
A nonconforming use may be changed to a different nonconforming use
only if approved as a special exception by the Zoning Hearing Board.
However, special exception approval is not needed for a simple change
within an existing building from one lawful nonconforming retail store
use to another retail store use or from one lawful nonconforming personal
service use to another personal service use, provided that the new
use complies with any Zoning Hearing Board conditions that applied
to the previous use and is not more objectionable in external effects
than the previous use.
(3)
Where special exception approval is required for a change of a nonconforming
use, the Board shall determine whether the applicant has provided
sufficient proof to show that the proposed new use will be equal or
less objectionable in external effects than the preexisting nonconforming
use with regard to:
(a)
Traffic safety and generation (especially truck traffic);
(b)
Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire,
hazardous substances, and explosive hazards;
(c)
Amount and character of outdoor storage;
(d)
Hours of operation if the use would be close to dwellings; and
(e)
Compatibility with the character of the surrounding area.
(4)
A nonconforming use shall not be changed to a nonconforming adult
use.
G.
District changes. Any uses, structures or lots that become nonconforming
because of a zoning district change shall be regulated under this
section on nonconformities.
A.
Site plans submitted to the Borough shall show the proposed location
of any garbage dumpsters. The Borough may require that such proposed
location be modified to provide compatibility with adjacent uses.
B.
Garbage dumpsters shall be surrounded on at least three of four sides
by solid fencing, a wall or landscaping if the dumpster would be visible
from a street or a residential lot. This section is not intended to
regulate temporary dumpsters for construction or renovation debris.
