Borough of Northampton, PA Article V Supplementary Regulations

§ 250-15 Nonconforming uses and buildings.

Any legal and nonconforming use may be continued, repaired, maintained and improved except as provided below:

A. Enlargement. Such nonconforming use or structure may not be enlarged more than 50% of the existing floor area and/or lot area and such enlargement shall not exceed the maximum height or maximum building coverage requirements set forth in Schedule II for the district in which such nonconforming use is located.[1]

[1] Editor's Note: Schedule II is included at the end of this chapter.

B. Restoration. If any such nonconforming use is damaged, a permit for its restoration or reconstruction may be obtained if such application is filed within 90 days of the initial damage or destruction and if restoration is completed within 12 months of the issuance of the permit.

C. Discontinuance. No such use may be reestablished after it has been discontinued or vacated for a period of 12 months.

D. Change of use. A nonconforming use or structure may be changed to another nonconforming use or structure only if such change is more appropriate to the character of the district in which it is located as determined by the Board. In general, a higher use (a use first appearing in a higher zoning district in the Schedule I chart[2]) would be considered less offensive than a use permitted in a lower zoning district.

[2] Editor's Note: Schedule I is included at the end of this chapter.

E. Termination. Certain types of nonconforming uses or structures which present a special nuisance or hazardous condition shall be terminated as follows:

(1) General nuisances. Upon a complaint registered by the Zoning Officer from 50% of the property owners within 500 feet of the nonconforming use, which use is considered to be a general nuisance or a hazard to the health, safety, welfare and morals of uses or structures adjoining such nonconforming use or uses, the Board shall hold a public hearing and make a finding with respect to the nuisance or hazardous condition which exists and shall determine the necessity of terminating such nonconforming use. Such uses shall be terminated within such reasonable time as shall be determined by the Board as related to the reasonable amortization of the capital investment in such uses, or as may be provided by the laws of the Commonwealth of Pennsylvania.

§ 250-16 Lot regulations and permitted deviations from required areas.

The minimum lot, yard and height requirements of Article IV shall prevail in all cases, except as follows:

A. Existing nonconforming lots.

(1) In any zone where a nonconforming lot exists, the Zoning Hearing Board may permit development of the nonconforming lot if the applicant can present evidence that any proposed development on the nonconforming lot shall conform to all minimum yard and height of building regulations as prescribed by Schedule II, the Zoning Schedule of Bulk and Coverage Controls, of this chapter.[1] In addition, any proposed development requiring on-lot sewage disposal must produce evidence to the Hearing Board that the nonconforming lot qualifies to receive a sewage disposal permit and that the lot meets the minimum state standards and requirements for safe and healthy disposal of such waste. The burden of proof for all aspects of this application rests with the applicant, not the Hearing Board.

[1] Editor's Note: Schedule II is included at the end of this chapter.

(2) Upon review by the Board, the zoning application for a subdivision which would create a nonconforming lot maybe approved by the Zoning Hearing Board for the purpose of dividing an existing attached single-family structure, a two- or a multifamily structure into separate ownership parcels of land located under the separate dwelling units.

B. Changes to conforming uses and buildings on a nonconforming lot.

(1) Any conforming use or building on a nonconforming lot may be repaired, maintained, restored or rebuilt to the same dimensions existing at the time that the use or building was originally constructed or started.

(2) Any enlargement or addition to any conforming use on a nonconforming lot must comply in all respects with the regulations of this chapter, except that in the case of any enlargement or addition of buildings legally existing at the effective date of this chapter, the maximum building coverage requirements of Schedule II shall not apply; provided, however, that all of the off-street parking and loading requirements of this chapter shall be complied with for the entire building including the existing conforming use plus any enlargement or addition. In such a case, the maximum building coverage for the enlarged section shall not exceed 80% for commercial and manufacturing buildings or 60% for residential buildings.

C. Changes to conforming uses and buildings on a conforming lot. Any conforming use or building may be repaired, maintained, restored or rebuilt up to the same dimensions existing at the time that this chapter was adopted. Any enlargement of a structure which houses an existing conforming use, on the same lot, must comply in all respects with the regulations of this chapter, except that, subject to Zoning Hearing Board approval, an existing structure legally not in conformance with a side or rear yard setback may be enlarged to line up with and be as wide or as deep as the principal structure on the lot.

D. Height limitations. District height limitations shall not apply to church spires, cupolas and domes, monuments, water and/or cooling towers, chimneys, smokestacks, silos, elevators, fire towers, flagpoles, radio and television towers, masts and aerials (not satellite dishes), public utility poles and towers, bulkheads, gas tanks, and parapet walls extending not more than 40% above the limiting height of the building. No tower shall be used as a place of habitation or for tenant purposes. No sign, name plate, display or advertising device of any kind whatsoever shall be inscribed upon or attached to any chimney, tower, tank or other structure which extends above the height limitation of the zone district.

E. Lot width. The minimum lot width of any lot shall be measured along the minimum building setback line as required for the district in which it is located.

F. Front yard exception. When an unimproved lot is situated between two improved lots, each having a principal building within 20 feet of the side lot line of the unimproved lot, the front yard may be reduced to a depth equal to that of the greater front yard of the two adjoining lots; provided, however, that it may not be reduced to below 10 feet.

G. Front yard exception for corner lots. When an unimproved corner lot is situated adjacent to two improved lots, then the front yard of the corner lot may be reduced to the respective front yard of the adjacent lots along the designated front of the corner lot. However, neither the front or the side yard shall be reduced to less than 10 feet.

H. Side yard exception. When an unimproved lot having 50 feet or less frontage is situated between two improved lots, then the side yards of the existing vacant lot shall be not less in width than the respective adjacent side yards in the event a dwelling is erected.

I. Projections into yards. Projections into required yards shall be permitted as follows, except that in the residential districts, in no case shall a structure or projection, except for patios, be located closer than 10 feet to any side lot line, 10 feet to any rear lot line or 15 feet to any front lot line.

(1) Bay windows, carports, fireplaces, fire escapes, chimneys, uncovered stairs and landings, and balconies and cornices, canopies, marquees, eaves, or other architectural features not required for structural support may project into the required side, front, or rear yard not more than a total of two feet.

(2) Accessory structures may project into yards as set forth in § 250-18A.

(3) Patios may be located in the required side and rear yards not closer than three feet to any adjacent property line, except that patios constructed on existing nonconforming lots may line up with and be as wide as the principal structure on the lot.

§ 250-17 Unique lots and building locations.

A. Two or more buildings on a lot. Two or more principal buildings located on a parcel in single ownership shall conform to all the requirements of this chapter which would normally apply to each building if each were on a separate lot.

B. Lots fronting on an alley. Where individual lots exist at the effective date of this chapter with frontage only on an alley, the alley shall be construed as a street for application of all the requirements of this chapter and the district in which said lots are located.

C. Through lots. Where a lot extends from street to alley, then the front lot line shall be the street lot line and the rear lot line shall be the line separating the lot from the alley.

D. Side yard of a corner lot. The side yard of a corner lot which abuts a street shall be equal to at least 1/2 of the required front yard for that street except as per § 250-16F of this chapter.

E. Corner obstruction to vision. No obstruction to vision (other than an existing building, post, column, public utility pole or tower, or tree) between 30 inches in height and eight feet in height shall be erected or maintained on any lot within the triangle formed by the street intersection, created by the right-of-way of each street extended to a point, and a line drawn between two points each located 30 feet from the street intersection. All plant materials shall be kept trimmed to ensure uninterrupted vision for motor vehicle traffic.

§ 250-18 Accessory structures and uses.

A. Accessory structures. All accessory structures shall conform with the minimum yard regulations established in Article IV, except as permitted below:

(1) Unattached structure accessory to residential buildings. Structures accessory to residential buildings which are not attached to a principal structure may be erected within the required side and rear yards of a principal structure, provided that they conform with the following:

(a) Maximum height: one and one-half stories or 15 feet in height.

(b) Distance from side lot line: not less than four feet from the side lot line, except in the case of corner lots where the full side yard as specified in § 250-17E shall be maintained and except that a common or joint garage which is not part of a principal building may be erected on or along the common boundary line of the adjoining lots. However, each garage must have at least one side yard.

(c) Distance from rear lot line: not less than eight feet from the rear lot line.

(d) Distance from principal structure: not less than 10 feet from a principal structure, except for small (120 square feet or less "footprint") accessory, shed structures which shall be no less than two feet from a principal or other accessory building.

(2) Unattached structures accessory to nonresidential building. Such accessory structure shall comply with front and side yard requirements for the principal structure and shall have a minimum rear yard of at least 10 feet.

(3) Fences and walls. Unless specifically noted, the provisions of this chapter shall not apply to fences, terraces or walls less than six feet in height above the average natural grade, nor to terraces, steps, unroofed porches or other similar features not over three feet high above the level of the floor of the ground story.

B. Home occupations accessory use. A home occupation may be permitted as either a "permitted use" or as a "special exception use" as provided herein. Any customary home occupation or avocation shall be subject to the following requirements:

(1) General regulations.

(a) Where permitted. The home occupation shall be carried on wholly indoors and within a dwelling or other structure accessory thereto. Home occupations are not permitted in the CO nor R-1 Residential Districts.

(b) Evidence of use. There shall be no use of show windows or display or advertising visible outside the premises to attract customers or clients other than home occupation announcement sign as permitted in Subsection J et seq. No external alterations, additions or changes to the structure shall be permitted in order to accommodate or facilitate a home occupation.

(c) Outdoor storage. There shall be no exterior storage of materials.

(d) Retail or wholesale sales. No articles shall be sold on the premises.

(e) Deliveries. Frequent and repetitive servicing by commercial vehicles for supplies and materials shall not be permitted. All deliveries shall be made by vehicles which have no more than three axles. More than one delivery per week will be considered frequent and repetitive.

(f) Participants. The home occupation shall be operated only by members of the immediate family residing in the dwelling except for an accessory office home occupation. Home occupation accessory office may include realtor, insurance salesman, physician, lawyer, clergyman, teacher, or other professional of like character, provided that not more than two employees, assistants or associates in addition to the resident practitioner shall be employed on the premises.

(g) Extent of use. The floor area devoted to a home occupation shall not be more than 25% of the ground floor area of the principal residential structure, excluding garage.

(2) "Permitted use" home occupations.

(a) Includes, but is not limited to, the following: home offices, art studio teaching not more than four pupils simultaneously or, in the case of musical instruction, not more than a single pupil at a time; seamstress, handicrafts, or other like activity; barber shop and beauty parlor limited to serving one patron at a time; and greenhouse.

(b) Permitted use home occupations shall be subject to the following additional specific regulations:

[1] They shall be restricted to occupations which do not generate more than six customers, visitors or clientele in any one hour.

[2] They shall not detract from the residential character of the neighborhood or exhibit any influences which are detrimental to the health, safety, welfare or morals of the residents of the neighborhood.

[3] They shall comply with all off-street parking requirements of § 250-19.

[4] All such home occupations shall be located within the principal residential structure or other approved accessory structure such as a garage, barn or residential storage building.

(c) Any noise generated by the home occupation shall not exceed 65 decibels at the home occupation property line. This standard should be applied with windows open if the home does not have an air conditioning system. See § 250-21, Performance requirements, for sound measurement standards.

(3) Special exception use home occupation.

(a) Except for a permitted home office, any resident wishing to operate a home occupation which requires the employment of more than one nonresident person may apply for a permit which shall be subject to all of the special exception use procedures of this chapter. In such cases, the Planning Commission shall review said application to determine the following before making a recommendation to the Zoning Hearing Board:

[1] That the home occupation is in conformity with all of the other applicable provisions set forth in Subsection B(1) above.

[2] That, beyond a reasonable doubt, the nature of the home occupation and of the traffic and clientele to be generated shall remain relatively stable and shall not grow to a point where it may detract from the residential character of the neighborhood or exhibit any other adverse influences on the neighborhood.

(b) Funeral parlors, antique shops, tourist homes, and restaurants shall be approved on a case-by-case basis as a special accessory use by the Zoning Hearing Board. The procedures for application, review and approval of special uses shall apply to these uses.

(4) Application for home occupation. All applicants for special exception use permits to undertake a home occupation shall submit the following information to the Zoning Officer:

(a) A complete description of the nature and operation of the home occupation.

(b) The type of use, product or service produced or rendered.

(c) The names of the residents who will operate the home occupation.

(d) The number of additional employees or other nonresident personnel, if any, to be utilized by the home occupation.

(e) The portion of the residential or accessory structure to be devoted for the use of the home occupation.

(f) Any building or structural modifications, signs or other physical changes required to the interior or the exterior of the structure.

(g) The expected maximum number of customers, visitors or clientele expected to be served by the home occupation during any one hour and the number of hours and schedule of operations when home occupations shall be open to the public.

(h) A description or plan indicating how compliance will be achieved with off-street parking requirements.

(i) A certification by the applicant that the home occupation shall not detract from the residential character of the neighborhood and that all of the facts submitted with the application are true and correct and that any incorrect information submitted shall be cause for the Borough to require cessation of the home occupation.

(j) A certification and agreement by the applicant that the home occupation will be discontinued if changes occur in the character of the operation so that it no longer complies with the requirements of this chapter.

C. Home gardening, nurseries and greenhouses. Home gardening and accessory structures used for nurseries or as greenhouses are permitted in residential areas, provided they are used by the residents for noncommercial purposes, except in compliance with the home occupations provisions set forth above, and provided further that these uses shall not include the outdoor storage of equipment and supplies.

D. Dormitory accessory use. An accessory building for the residency of students, religious orders, teachers, or others engaged in the primary activity of the institution where individuals need to live on the site. The density in such areas shall be based on persons per acre, since dormitories are not family dwellings. The following standards shall apply:

(1) Habitable area. Each dormitory resident shall have a minimum of 180 square feet of living/sleeping space within the building.

(2) Density requirements. The net density of the dormitory area shall not exceed 64 persons per acre of the lot.

(3) Parking requirement. Dormitories shall have the same requirement as accessory dwelling units in Schedule III of this chapter.[1]

[1] Editor's Note: Schedule III is included at the end of this chapter.

E. Outside storage or display accessory use.

(1) Permitted uses. Outside storage or display, other than storage as a primary use of the land, necessary but incidental to the normal operation of a primary use, subject to the following additional provisions:

(a) No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas, and no part of the required front yard shall be occupied by outside storage or display.

(b) Outside storage and display areas shall occupy an area of less than half the existing building coverage.

(c) Outside storage and display areas shall be shielded from view from the public streets and adjacent lots.

(2) Special exception uses. Uses requiring more substantial amounts of land for storage or display may be exempt from the provisions of Subsection E(1)(b) and (c) above when granted as a special exception by the Zoning Hearing Board. Such uses shall be subject to the following additional provisions:

(a) Neither the principal use nor the outside storage and display use shall encroach upon the minimum required yards and buffer yards of the district.

(b) In particular, uses appropriate for consideration under this provision include, but are not limited to, public or private educational institutions, churches, office buildings, motor vehicle sales, and extraction of stone, sand or gravel.

(c) Among the uses that shall not be considered appropriate for inclusion under this provision are retail stores, repair shops, gasoline service stations, automobile repair garage, sale of automobile accessories, wholesale business and storage, contractor offices and shops, large retail stores and crafts.

F. Temporary accessory structure. A temporary permit may be issued for structures or uses necessary during construction or other special circumstances of a nonrecurring nature, subject to the following additional provisions:

(1) Time limit. The time period of the initial permit shall be six months. This permit may be renewed for three-month time periods.

(2) Nonconforming structures. Temporary nonconforming structures or uses shall be subject to authorization by the Zoning Officer. The Zoning Officer shall use the BOCA codes as a basis for his decision.[2] He may request advice or a decision from the Zoning Hearing Board at his discretion.

[2] Editor's Note: See now Ch. 105, Construction Codes, Art. II, Adoption of UCC.

(3) Removal of structure. Such structure or use shall be removed completely upon expiration of the permit without cost to the Borough.

G. Off-street parking accessory use. Off-street parking is subject to the provisions and requirements of § 250-19 of this chapter. Boats and other recreation vehicles (RVs) may only be parked in the rear yard of the property occupied by the RV owner. No RV may be occupied while parked as an accessory use. No unlicensed vehicles nor large commercial vehicle of 25 feet or longer shall be parked on a residential zoning district lot except within a suitably designed structure.

H. Fence and wall accessory uses.

(1) Permitted accessory uses may include fabricated or natural barriers, dividers, fences, terraces and walls of six feet or less in height with the height measured from the average grade of the lot in the vicinity of the fence and they shall conform with the following:

(a) Maximum height. Except for the I-1, I-2 and C-2 Districts, fences, partitions or walls shall not exceed six feet in height above the natural grade, except that front yard fences shall not exceed four feet in height, nor shall front yard fences obstruct vision of oncoming traffic as defined by § 250-17E of this chapter.

(b) Setback requirements.

[1] Rear yard fences shall be set back a minimum of six feet from the rear property line where they abut a street or alley. Corner lot fences shall not be located closer than 10 feet to the curbline, nor shall these fences obstruct vision at the corner as defined by § 250-17E of this chapter.

[2] A side yard fence may be constructed along or up to the side property line, provided that poles and all fence parts and vegetative growth will not encroach on adjacent property with a common fence provided for below. When properties do not abut an alley or street in the rear, fences may be installed according with the requirement for side yard fences above.

[3] A side yard fence of up to six feet in height may be constructed from the rear yard fence setback as defined above to the front yard setback line as defined by the minimum front yard dimension requirements in Schedule II of this chapter for the appropriate zoning district.[3]

[3] Editor's Note: Schedule II is included at the end of this chapter.

(c) Common fences. Common fences may be erected on the property line with the written consent of both owners.

(2) No fence shall be constructed or maintained in the vicinity of any street intersection or driveway entrance which provides an obstruction to vision, thereby creating potential vehicular safety hazards. An "obstruction to vision" is defined as any fence which obstructs vision between a height of 30 inches and eight feet above the center line grade of the adjoining street or streets, within a distance of 30 feet from the point of intersection of intersecting streets as measured back along the street right-of-way lines from their point of intersection.

I. Private outdoor swimming pools. A single private outdoor swimming pool per dwelling unit is permitted as an accessory use to a residential structure, provided that such swimming pool is for the private use of the residents of the dwelling unit or for their guests.

(1) Pool location. A private outdoor pool may be located within the required rear or side yards for the district in which the pool is to be located, except that no portion of the body of water in the pool shall be located closer than 10 feet from any alley or street, nor closer to the property line than six feet and no portion of any walks or accessory pool appurtenances surrounding the body of water shall be closer than four feet to any property line.

(2) Required fence.

(a) All pools shall be surrounded and enclosed by a four foot high fence structurally suitable to deter direct access to the body of water in the pool. Such a fence shall not have openings, holes or gaps therein larger than four inches in width or, if larger than four inches in width, no larger than four inches in length except on doors or gates; provided, however, that if a picket fence is erected or maintained, the horizontal dimension of the opening between pickets shall not exceed four inches, provided, further, that a dwelling house or accessory building may be used as part of such a fence.

(b) All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device designed to keep, and capable of keeping, such door or gate securely closed at all times when not in actual use; provided, however, that the door of any dwelling occupied by human beings and forming any part of the enclosure herein above required need not be so equipped.

(c) Fences shall be constructed of weather resistive materials and shall be assembled or fabricated with sufficient rigidity to prevent any substantial alteration or deformation of the lawful openings, holes or gaps.

(d) The sides of a pool constructed above the ground level shall be considered to meet the requirements for a fence preventing direct access to the pool, provided that such sides of the pool are at least four feet high and provided further that any stairs, steps or ladders used to reach the water surface of the pool shall be removable or capable of being folded up or secured in a way which will prevent their use when the pool is not in operation by the residents of the property or their guests.

(3) Required permits.

(a) Permits shall be required for new, enlarged or altered pools 10 feet or greater in diameter and capable of holding three or more feet of water.

(b) A Northampton Borough electrical permit shall also be required. Plans shall be required as part of the permit application process. Plans shall accurately show dimensions and construction of pool and appurtenances and properly established distances to lot lines, buildings, walks and fences; details of water supply system, drainage and water disposal systems, and all appurtenances pertaining to the swimming pool.

(4) Surface cleaning. All swimming pools shall be provided with a recirculating skimming device to remove scum and foreign matter from the surface of the water. Where skimmers are used, there shall be at least one skimming device for each 1,000 square feet of surface area or fraction thereof.

(5) Inspection. No swimming pool constructed pursuant to the issuance of a permit provided for herein shall be used until its construction, facilities, enclosures, gates, and electrical devices have been inspected and approved by the Building Inspector and Electrical Inspector.

(6) Nuisance. No person shall make any noise at a swimming pool if the noise unreasonably annoys the occupiers of adjoining property.

J. Signs and billboards.

(1) Scope and applicability.

(a) This section recognizes that signs perform an important function by identifying residences and businesses and that minimum control of signs is necessary to promote the health, safety and general welfare by lessening hazards to pedestrian and vehicular traffic, by preserving property values, by preventing unsightly and detrimental development which has a blighting influence upon residential, business and industrial uses, by preventing signs from reaching such excessive size that they obscure one another to the detriment of all concerned, and by securing certain fundamentals of design for the Borough.

(b) The term "sign" shall mean and include any permanent or temporary structures or part thereof, or any device attached, painted or represented directly or indirectly on a structure or other surface that shall display or include any letter, word, insignia, flag or representation used, as, or which is the nature of, an advertisement, announcement, visual communication, direction or is designed to attract the eye, or bring the subject to the attention of the public. Flags of any governmental unit or branch or of any charitable or religious organization, interior signs not visible from a public right-of-way or adjoining property, and cornerstones built into or attached to a wall of a building (erection or commemorating a person or event, official notices of any court or public office, legal notices posted pursuant to law and public service company signs as aids to safety or service) are excluded.

(c) In all permitted districts, signs may be erected, altered, maintained, used, removed or moved only in compliance with the provisions of this Section and other regulations of the Borough relating to the erection, alteration, maintenance, use, removal or moving of signs and similar devices.

(d) All signs shall require the issuance of a sign permit before erection or replacement unless Borough Council, by resolution, specifically exempts certain signs in locations from this requirement. All signs must comply with all of the regulations contained herein, regardless of whether a permit is required. No permit shall be required for a mere change of copy on a sign, the customary use of which involves frequent and periodic changes of copy.

(e) Signs in the districts existing at the time of passage of this chapter and which do not conform to the requirements of the shapter shall be considered nonconforming signs, and once removed, shall be replaced only with conforming signs; however, nonconforming signs may be repainted or repaired (including lighting), provided such repainted or repaired sign does not exceed the dimensions of the existing sign. Copy may also be changed. Nonconforming signs in the business and industrial districts may be continued and may be replaced provided the signs do not violate additional regulations of this chapter. New business signs in residential districts shall be governed by the sign provisions of that district.

(f) No sign shall be permitted in any ward except as hereafter provided and shall be erected and maintained only when in compliance with the provisions in § 250-18K hereafter.

K. Commercial and industrial signs.

(1) Wall signs.

(a) Shall be limited to one per establishment and shall be painted on or attached to the building pertaining to the use carried on within the building.

(b) Shall not project more than 15 inches from the face of the wall.

(c) Sign display area for wall-mounted signs shall be determined by the following formula: two square feet of sign display area per lineal foot of building frontage. Maximum sign display area is 150 square feet for wall-mounted signs.

(d) For buildings with frontage on two streets, either frontage may be used to compute maximum permitted size for signs and the sign shall be displayed on the side of whichever frontage was used in the computation. Wall signs may be permitted on both sides if a freestanding sign is used.

(e) Business signs are permitted in business and industrial districts in accordance with the following regulations: Whenever such signs are to be erected in and over an open lot where the business is not conducted in a building, such as a used car lot, then the total sign area on any side of that lot shall not exceed an area equal to three feet times the length of that portion of said lot that would be occupied by a building if it were erected in accordance with the zoning code applicable to the area in which the lot is located; provided further, that the minimum height to the bottom of such open air signs shall be 10 feet above the basic grade and no more than 25 feet above grade. If not projecting more than three inches from a wall of the building, the sign need not conform to the height limit. Where more than one business or industry is located in a single building, then the total area of all signs displayed shall not exceed 50 square feet or 10% of the area of the largest exterior wall surface of the side of the building on which the sign or signs are to be placed, whichever is the greater.

(f) Signs prohibiting or otherwise controlling trespassing upon particular premises or indicating the private nature of a road, driveway or premises, may be erected and maintained, provided that the area of any such sign shall not exceed two square feet.

(2) Freestanding signs.

(a) Shall be limited to one per business establishment. A freestanding sign may be erected to serve a group of business establishments in a building. There shall be only one freestanding sign for each building, regardless of the number of businesses conducted in said building.

(b) Sign display area shall be limited to one square foot for each lineal foot of lot frontage with a maximum of 150 feet of sign display area for freestanding signs, maximum area, both faces: 300 square feet.

(c) Shall be set back at least five feet from the street line, except for business parking signs as provided in and signs for service stations shall not be located within any street right-of-way.

(3) Roof signs. Roof signs are not permitted.

L. Signs in residential districts. The following types of signs are permitted in all residential districts as follows:

(1) Identification and professional signs. Identification and professional signs bearing the name of the person or persons on the premises and said profession, providing the above signs shall not exceed four square feet in area.

(2) Multifamily dwellings. For multifamily dwellings and for buildings other than dwellings, a single identification sign not exceeding six square feet in area and indicating only the name and address of the building and the name of the management may be displayed, provided that on a corner lot, two such signs (one facing each street), shall be permitted.

(3) Signs of schools, churches, parish houses. Signs of schools, churches, parish houses or other institutions of a similar public or semipublic nature may be erected and maintained, provided: the size of any such sign is not in excess of 20 square feet; and not more than one such sign is placed on a property, unless such property fronts upon more than one street, in which event two such signs may be erected, one on each frontage.

(4) Temporary signs. Temporary signs pertaining to the lease or sale of the same lot or building on which it is placed; provided that the above signs shall not exceed six square feet in area, shall not be illuminated; shall not project beyond the property lines; and not more than one sign shall be located for each frontage, provided that it shall be maintained and removed after consummation of a lease or sale transaction.

(5) Development signs. Development signs not exceeding 20 square feet; not more than one sign is placed upon any property for each 500 feet of frontage on which the sign is actually placed. Any such sign shall be maintained and removed by the developer after consummation of a lease or sale transaction.

(6) Artisans' signs. Signs of mechanics, painters, and other artisans may be erected and maintained during the period such persons are performing work on the premises on which such signs are erected provided, the size thereof is not in excess of 12 square feet; and such signs are removed promptly upon completion of the work.

(7) Temporary signs.

(a) Any person wishing to erect a temporary sign, used for announcing special commercial, public or institutional events, shall secure a permit from the Bureau of Planning, Zoning and Development. That fee for said permit shall be $10 and shall be valid for a period of 30 days. Permits may be renewed once within the same calendar year and 90 days shall elapse from original issuance date to date of renewal.

(b) In addition to the permit fee, the applicant shall pay a $50 deposit, which shall be refundable only in the event that the temporary sign is removed at the end of the aforesaid thirty-day period. Temporary sign shall not exceed 32 square feet in area.

(c) Election campaign signs and signs advertising special events for charitable organizations shall be exempt from the above permit and deposit requirements; said signs, however, shall be removed immediately after the election or charitable event.

(8) Real estate signs. Real estate signs, including signs advertising the sale or rental of premises, are permitted provided the area of one side of any sign shall not exceed 12 square feet; and signs indicating the location and direction of premises in the process of development may be permitted, providing the area of one side of any such sign shall not exceed 24 square feet. Real estate "open house" signs will be permitted only when the house is opened for inspection. All signs shall be maintained and removed immediately after consummation of a lease or sale agreement.

(9) Public utility signs. Public utility signs required in connection with the identification, operation, or protection of a public utility, are permitted, provided that the area of one side of any such sign shall not exceed four square feet.

(10) Automotive service stations. Automotive service stations, whose principal business is the sale of automotive fuel, may display signs in addition to those herein above authorized. Such additional signs shall not exceed three in number, each having a total aggregate display area, including the sign frame and surrounding surfaces, or not more than 16 square feet on each side. The top of such signs shall not extend in height more than five feet above the finished grade of the gasoline service station. Such signs may be fixed or portable but shall not be located nearer to the street on any side than the gasoline pump islands that are nearest such street. Such signs shall not be subject to permits.

(11) Exit and entrance signs. "Exit" and "entrance" signs free of any advertising for driveways shall be limited to three square feet per face. These signs shall not be included in total sign area permitted.

(12) Official traffic signs. Official traffic signs shall be in conformity with prescribed Pennsylvania Department of Transportation usage as set forth by the Commonwealth of Pennsylvania, and other official, federal, state, county and Borough governmental signs.

(13) Trespassing signs. Signs indicating the private nature of a road, driveway or premises, provided that the area of any such sign shall not exceed two square feet.

(14) Home occupation. Signs for identification of permitted home occupation, provided that the area of any such sign shall not exceed four square feet.

M. General regulations.

(1) No sign shall be erected containing information on it which states or implies that a property may be used for any purpose not permitted under the provisions of this chapter in the zone in which the property to which the sign relates is located.

(2) On-site signs advertising a use no longer in existence or a product no longer available shall be removed or changed to advertise the new use or product immediately after cessation of the original use. Signs once removed shall be replaced only by signs in conformance with this chapter.

(3) No sign shall be placed in such a position that it may be hazardous to traffic.

(4) No sign other than official traffic signs shall be erected within or projecting over the right-of-way line.

(5) The overall height of any sign shall be limited to 35 feet from ground level.

(6) Signs shall be erected in conformity with side and rear yard requirements of the district in which the sign is located, except no sign or advertising structure shall be erected or placed closer than 50 feet to a side or rear lot line in any residential zone.

(7) Setbacks shall conform with the required front yard of a principal use in such district except as follows:

(a) Identification signs and real estate signs may be erected no less than 10 feet from the established right-of-way line of any street or highway, provided such sign or bulletin board does not obstruct traffic visibility at street or highway intersections.

(b) Land sales signs shall be erected only upon the property for sale or being developed and shall be set back from the street right-of-way at least one foot for each square foot of sign area.

(c) Not more than one land sales sign shall be placed along a single road frontage on any property in single and separate ownership, provided that not more than two such signs may be permitted in any single development.

(d) Commercial or industrial signs in a C-2 zone may be erected not less than 25 feet from the established property line, provided such sign does not obstruct traffic visibility. For the purpose of this chapter, the property line shall be defined as the legal right-of-way line.

(8) All signs and advertising structures as hereinafter modified may be illuminated internally or by reflected light, provided the source of light is not directly visible, except by neon tubes, and is so arranged as to reflect away from the adjoining premises and provided that such illumination shall not be so placed as to cause confusion or a hazard to traffic or conflict with traffic control signs or lights. No floodlights or spotlights shall be mounted higher than 25 feet above the ground level.

(9) No sign shall be a flashing or beacon-ray type. Time and temperature signs are permissible. Temporary flashing signs, floodlights, promotional or advertising flags, banners, twirling, rotating, "A" type, sidewalk or curb signs and balloons and an existing business for special occasions not more than four times a year in a commercial or industrial district for a period of not more than a total of 15 days. At no other time shall such device be permitted.

(10) Removal of signs. Portable or temporary signs in existence at the effective date of this section which do not comply with the provisions of this section and all other signs heretofore erected or displayed without legal authorization shall be removed within 10 days after the delivery of written notice to that effect by the Building Inspector to the owner or occupant of the premises on which such signs are located.

(11) No roof sign shall project beyond the exterior wall or walls. Lighting reflectors for these signs may project beyond the face of the sign no more than four feet.

(12) Exemptions. Public notices by governmental bodies, traffic control signs, and other official signs and notices are exempt from the provisions of this chapter.

(13) No sign, except traffic directional signs, shall appear in or on any other location except on the premises or property of the business or individual so advertised.

(14) Any sign or billboard destroyed or damaged sufficiently as to require dismantling or replacement, by any cause whatsoever, shall not be rebuilt or shall not reoccupy its previous space except in conformity with the regulations of the district in which it was located.

(15) When no border is used to enclose a wall sign, a rectangle will be drawn around the perimeter of the attached letters and symbols at a height of the tallest letter or symbol to form the enclosure and the area so enclosed shall not exceed 150 square feet.

(16) All sign provisions of this chapter shall apply to smokestacks, water towers and other similar structures.

(17) Any vehicle to which a sign is affixed in such a manner that the carrying of such sign or signs no longer is incidental to the vehicle's primary purpose, but becomes a primary purpose in itself, shall be considered a freestanding sign.

(18) All signs, including electrical signs, shall be constructed of durable material and kept in good condition and repair, shall be subject to the construction and performance criteria of the applicable Borough codes and ordinances and will be enforced by the Building and Zoning Officer of the Borough of Northampton.

N. National advertising signs (billboards).

(1) Definition. A billboard is a panel-type sign with a display area greater than 30 square feet, generally mounted on a superstructure which directs the attention of the general public to a business, commodity, service or form of entertainment conducted, sold or offered elsewhere than on the premises.

(2) Permitted zones. Billboards shall be permitted only in commercial and industrial zoning districts and in accordance with the conditions listed herein.

(3) Location requirements. Billboards shall be:

(a) Set back at a minimum distance of 35 feet from the right-of-way line of any street, road, or highway or other public way;

(b) A minimum of 300 feet from residential districts;

(c) A minimum of 100 feet from any building or structure, except that there shall be a minimum of 600 feet between billboard structures. If a building is constructed after a billboard has been erected which then violates this distance requirement, the billboard shall not be considered nonconforming, and such billboard shall be permitted to remain as a legal permitted use. Special exceptions may be authorized by the Zoning Hearing Board to a minimum of 300 feet between billboard structures in undeveloped areas.

(d) Billboards shall not be erected parallel to or at an angle of less than 45° to any right-of-way, nor shall they be permitted on buildings or in utility easements.

(4) Size. Billboards shall be limited to one panel, two display faces per structure. Maximum sign display area is 360 square feet per face. Special exceptions may be authorized by the Zoning Hearing Board up to 600 square feet per face in undeveloped areas.

(5) Height. The top of the billboard shall not be higher than 35 feet above ground level and the bottom thereof shall be sufficiently high to provide adequate traffic visibility as determined by the Zoning Officer.

(6) Illumination. All billboards may be illuminated internally or by reflected light provided the source of light is not directly visible except by neon tubes and is so arranged as to reflect away from adjoining premises and provided that such illumination shall not be so placed as to cause confusion or a hazard to traffic or conflict with traffic control signs or lights. No illumination involving movement or causing the illusion of movement by reason of the lighting arrangements or other devices shall be permitted. All illuminated billboards shall conform to the electrical safety standards of National Electrical Code.[4]

[4] Editor's Note: See Ch. 105, Construction Codes, Art. II, Adoption of UCC.

O. Sign permits.

(1) Permits shall be required and shall be procured from the Zoning Officer for all signs greater than three square feet. Existing signs in excess of three square feet shall be recorded by the Zoning Officer and a permit shall be provided by the Zoning Officer. Nonconforming signs shall also be recorded and provided a permit.

(2) Alterations or replacement of existing signs shall require application for a permit from the Zoning Officer. An alteration to a nonconforming sign shall not increase the degree of nonconformity. Replacement signs shall be in accordance with the provisions of this chapter.

(3) Nothing herein shall restrict the ordinary maintenance of a sign.

(4) The schedule of sign permit fees are based on construction and installation dollar values, and shall be as established, from time to time, by resolution of Borough Council.

(5) Any sign permits not issued directly by the Building/Zoning Officer and requiring a special meeting, the schedule of sign fees shall be the same as zoning filing fees.

P. Inspections. All billboards and signs for which permits are required, other than painted wall signs, shall be inspected annually by the Building Inspector. A fee for annual inspections shall be established, from time to time, by resolution of Borough Council.

Q. Permits for erection of signs and billboards. A separate permit shall be required for the erection of signs and billboards regulated in this chapter, except that no permit shall be required for temporary real estate signs with an area of 12 square feet or less for the sale or lease of property, professional nameplates not exceeding two square feet in area and for small announcement signs with an area of less than two square feet.

§ 250-19 Off-street parking and loading.

A. Off-street parking. In all districts, off-street parking spaces shall be provided as set forth in Schedule III[1] whenever any building is erected, enlarged or converted.

[1] Editor's Note: Schedule III is included at the end of this chapter.

B. Off-street loading. Every commercial, industrial, resort or other building which requires the receipt or distribution by vehicles of materials or merchandise shall provide one off-street loading space for each 25,000 square feet of gross building ground floor area or part thereof, and each such space shall be at least 300 square feet in area. An off-street loading space may occupy a part of the required yard if the space is developed consistent with the design requirements for loading spaces described in this article. Said loading spaces shall apply only to any new construction, new uses or to the enlarged section of any addition which may be approved by the Borough after the effective date of this chapter.

C. General regulations applying to required off-street parking facilities.

(1) Existing parking. Structures and uses in existence at the date of adoption of this chapter shall not be subject to the requirements of this section so long as the kind or extent of use is not changed, and provided that any parking facility now serving such structures or uses shall not in the future be reduced below such requirements.

(2) Change in requirements. Whenever there is an alteration of a structure or a change or extension of a use which increases the parking requirements according to the standards of Schedule III,[2] the total additional parking required for the alteration, change or extension shall be provided in accordance with the requirements of that section.

[2] Editor's Note: Schedule III is included at the end of this chapter.

(3) Continuing character of obligation. All required parking facilities shall be provided and maintained so long as the use exists where the facilities were designed to serve. Off-street parking facilities shall not be reduced in total extent after their provision except in conformity with the requirements of this section. Reasonable precautions shall be taken by the owner or sponsor of particular uses to assure the availability of required facilities to the employees or other persons whom the facilities are designed to serve. Such facilities shall be designed and used in such a manner as to at no time constitute a nuisance or a hazard or unreasonable impediment to traffic.

(4) Joint use. Two or more uses may provide for required parking in a common parking lot if the total space provided is not less than the sum of the spaces required for each use individually. However, the number of spaces required in a common parking facility may be reduced below this total by approval of the Zoning Hearing Board if it can be demonstrated to the Board that the hours or days of peak parking needed for the uses are so different that a lower total will provide adequately for all uses served by the facility.

(5) Fractional spaces. Where the computation of required parking space results in a fractional number, any fraction of the next higher number shall be counted as one.

(6) Location of off-site parking lot.

[Amended 5-3-2001 by Ord. No. 1106]

(a) Required off-street parking spaces shall be on the same lot or premises with the principal use served, or, where this requirement cannot be met, within 300 feet of the principal use served within the same district.

[1] In the area commonly known as the "Uptown," which is a C-2 zone, in the event that the Northampton Borough Zoning Ordinance off-site parking requirements cannot be met, the permitted commercial uses in this zone shall be allowed to utilize said municipal parking lot so long as they are located within any boundary of 300 feet of the municipal parking lot. The 300 feet shall be measured from the boundary of the off-site parking lot to the boundary of the property requiring the off-site parking space. No measurements shall be made across any arterial highway and thus locations across the arterial highway shall not be permitted to utilize the municipal lot.

(b) No adult-oriented facility, bed-and-breakfast establishment, child day-care center, adult day-care, club, contract construction services, dance hall, discotheque, domiciliary care home, dwelling, education services, elderly housing, family care facility, group care facility, industrial uses of any nature, including but not limited to automotive repair/service, beverage/bottling plants, dairy/ice cream manufacturing, extraction of gravel/sand/stone, farm uses, manufacturing of apparel/jewelry/novelties/toys, manufacturing of paper/pulp products, material reusing/recycling facility, paper recycling, public assembly, sanitary landfill, warehouses, inns, kennels, lodges, mobile home, hotel, motel, inn, nonconforming use, nursery, private academic institution, customary farm occupations, residence, residential group, quarters, dwelling, apartment, rowhouse, townhouse, rooming and/or boarding house, cultural sports assembly, school, swimming pool, travel trailer, townhouse, or any nonconforming use or shall be allowed to utilize the municipal lot for purposes of meeting the off-street parking regulations.

(7) Maintenance of parking area. For parking areas of three or more vehicles, the area not landscaped and so maintained, including driveways, shall be graded, surfaced with dustless, durable, all-weather pavement parking surface, and drained to the satisfaction of the Borough Engineer to the extent necessary to prevent dust, erosion or excessive water flow across streets or adjoining property. All off-street parking stall spaces shall be marked so as to indicate their location.

(8) Lighting. All parking areas and driveways serving commercial uses shall be adequately illuminated during the hours of use between sunset and sunrise.

(9) Shade trees. Off-street parking areas which provide parking for 10 or more vehicles shall be provided with shade trees of a type and size approved by the Borough. The shade trees shall be located in a planned manner within the parking lot area.

(10) Home occupation parking requirements. Home occupations shall provide the following number of off-street parking spaces:

(a) The required number of spaces for the residential structure as shown in Schedule III.[3]

[3] Editor's Note: Schedule III is included at the end of this chapter.

(b) The required number of spaces for the most applicable use listed in Schedule IV[4] to which the home occupation is most similar, or if greater, one off-street parking space for each nonresident employee and one additional for each roomer, student, patron, patient, customer or other visitor which the home occupation serves during any one-hour period of maximum use.

[4] Editor's Note: Schedule IV is included at the end of this chapter.

(c) The total number of off-street parking spaces for a home occupation may be reduced by the number of legal curb parking spaces which exist directly abutting the home occupation.

(11) Screening and buffering. Screening shall be provided as required in § 250-22.

D. Design standards. The design standards specified below shall be required for all off-street parking facilities with a capacity of three or more vehicles built after the effective date of this chapter.

(1) Minimum parking stall and aisle standards. Parking lot dimensions shall be no less than those listed in the following table:

	Angle of Parking (degrees)	Parking Width (feet)	Stall Depth (feet)	Aisle Width
				One-Way (feet)	Two-Way (feet)
	90°	10	21	18	21
	45°	10	20	15	18
	30°	10	18	12	15
	Parallel	8	22	12	18

(2) Parking stall access standards. Parking areas shall be designed so that each motor vehicle may proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle.

(3) Parking lot access standards.

(a) The width of entrance and exit drives shall be:

[1] A minimum of 12 feet for one-way use only.

[2] A minimum of 20 feet for two-way use.

[3] A maximum of 40 feet at the street line.

(b) Any use with less than 100 feet of lot frontage on a public street shall have no more than one accessway to each such street. Any business or other use with 100 feet or more of frontage on a public street shall have no more than two accessways to any one street for each three 300 feet of frontage. Where more than one accessway is permitted, their center line shall be placed at least 80 feet apart. On all corner properties, they shall be spaced a minimum of 60 feet, measured at the curbline, between the center line of any entrance or exit drive and the street line or the street parallel to said access drive.

(4) Direct access to parking stalls. In no case shall parking areas for three or more vehicles be designed to require or encourage cars to back into a public street in order to leave a lot.

(5) Lot line setback standards. For all uses except for townhouses and row house development, all parking spaces and access drives shall be at least two feet from side and at least eight feet from rear lot lines.

(6) Street line setback standards. Except where entrance and exit drives cross street lines, all parking areas for any purpose other than single-family residences shall be physically separated from any public street by a concrete curb, sidewalk (where required) and by a planting strip which shall be not less than two feet in width.

(7) Lighting standards. All artificial lighting used to illuminate any parking space or spaces shall be so arranged that no direct rays from such lighting shall fall upon any neighborhood property.

(8) Safety standards. Such facilities shall be designed and used in such a manner as to at no time constitute a nuisance or a hazard or unreasonable impediment to traffic or emergency fire or ambulance access to adjacent buildings. Adequate wheel stops, curbs and/or other barriers shall be provided to protect buildings and sidewalks from vehicular encroachment.

(9) Recreation vehicle parking requirements. Off-street parking of one unoccupied recreation vehicle or boat on any one residential lot is permitted, provided that the vehicle is located to the side or rear of the principal residential structure.

(10) Commercial truck parking requirements. The parking of commercial trucks having a Class 05 or higher Class Pennsylvania Vehicle Registration is prohibited in residential zone districts except as a special exception on lots in excess of two acres. The Zoning Hearing Board shall review the proposed location of such vehicles. The Zoning Hearing Board standards shall require Class 05 vehicles or higher classes to be parked in the rear of lots within an enclosed structure and such vehicles shall not be left running for extended periods (more than one hour) of time. A landscape plan and landscaping may also be required by the Zoning Hearing Board as a condition for approval.

(11) Portable carports, storage enclosures, and unattached trailers. (Unattached trailers are the type which may convey RVs, boats, snow mobiles, motorcycles, dirt bikes etc.). These structures, enclosures and unattached trailers shall comply with the requirements of accessory buildings and they shall be limited to a rear yard location.

§ 250-20 Temporary uses, excavations and fill activity.

A. Special events or activities. Any applicant may submit a zoning application for the purpose of requesting permission to undertake or conduct a special event, activity or use (hereinafter referred to as a "temporary use") that shall be temporary in nature. Such a temporary use shall exist for a period of time not to exceed one year. Said application shall be submitted to the Borough in accordance with the special exception use procedure established in Schedule I, Schedule of the Controls, and the temporary use shall be clearly related to the requirements for permitted uses set forth in this chapter. Said application shall clearly set forth the following:[1]

(1) The exact purpose, nature and location of the proposed temporary use, including all private and public lands and rights-of-way involved.

(2) The relationship of the temporary use to other uses permitted in the zoning district.

(3) The number of employees, spectators, participants or other persons or agencies, equipment or other paraphernalia to be involved or used in such temporary use.

(4) Evidence that the Borough will be held harmless from any unforeseen adverse consequences resulting from such temporary use and evidence of the availability of sufficient insurance coverage.

(5) An evaluation of the traffic impact of said use.

(6) The length of time for which a temporary use permit is requested.

(7) Any special requirements, hardships or conditions to be imposed on the Borough, or residents of the Borough, and on other uses which may be affected by the temporary use. The Zoning Hearing Board shall review the proposed application as a special exception use and shall reach a decision after receipt of a recommendation from the Planning Commission as required by this chapter. The Zoning Hearing Board may reject the application or may determine that the temporary use is needed to support an existing or permitted use or to serve the needs of the majority of the Borough or neighborhood residents affected by such use. Any approval of such a temporary use shall be subject to the applicable safeguards and procedures established elsewhere in this chapter.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Excavations and fill material.

(1) Operations subject to state regulation.

(a) All quarry, sanitary landfill or other non-coal mining operations are under this chapter as required by Subsection A and are subject to state law, or to regulations of the PaDEP shall require necessary permit(s) from the appropriate state agency. Particular reference is made to the Commonwealth of Pennsylvania "Non-Coal Surface Mining Conservation and Reclamation Act No. 1984-219," as it may be amended,[2] and to other requirements relating to the operation of sanitary landfill areas and to preservation of water quality in the commonwealth as administered by the Pennsylvania Department of Environmental Protection.

[2] Editor's Note: See 52 P.S. § 3301 et seq.

(b) Such operations may take place in the Borough only in those areas where permitted by this chapter.

(c) All applicants for such operations shall submit a copy of any request for a state permit to the Zoning Officer, together with any plans required by the state for the reclamation of such areas. The Zoning Officer shall also require a zoning permit application form to be submitted to the Borough plus any other information required to properly evaluate the application. Approval of any zoning permit for an operation permitted in the Borough shall be conditioned upon the receipt by the operator of any permit required from the state.

(d) The Borough may present information to or request a public hearing to be held on such applications for a permit which are submitted to the state.

(2) Other excavations.

(a) Any other excavations, regrading of the natural terrain where ground levels are affected by more than one foot, the removal of topsoil or other earth products, the placement of fill, or the alteration of drainage patterns may be permitted by the Zoning Hearing Board only as a temporary use as required in Subsection A above. Such excavations must be adequately drained to prevent the formation of pools of water. The Zoning Hearing Board may require that such an excavation be enclosed by a fence if it is deemed to be a menace to the public health, safety and welfare.

(b) Unless specifically permitted by the Zoning Hearing Board, open excavations shall not be maintained, except those excavations made for the erection of a building or structure for which a permit has been issued.

(c) The dumping of earth, gravel, rock or other materials not subject to decay, noxious or offensive odors may be permitted in any zone or any vacant land, provided that the existing grade shall not be raised above the grade of the nearest road, that hazardous or nuisance conditions are not created, and that an unsightly appearance or unstable slopes are not created. Industrial or other operations requiring the dumping of such materials above the grade of the nearest road may be permitted by the Zoning Hearing Board as a special exception use if the Zoning Hearing Board determines that such dumping is not a menace to the public health, safety or welfare or a nuisance to nearby residential areas.

(d) Operations affecting drainage patterns shall be studied by the Borough Engineer and appropriate recommendations or conditions developed for consideration by the Zoning Hearing Board. Necessary reviews from other affected agencies such as the Lehigh County Conservation District shall also be secured prior to the issuance of any permit.

§ 250-21 Performance requirements.

A. No use shall be permitted in any district if it is to be operated in such a manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactivity, environmental or other hazard; noise or vibration; smoke, dust, dirt or other form of air, persistent odor, solid waste or water pollution; electrical, glare, or other disturbance which will adversely affect the surrounding area or premises, or be dangerous to public health and safety.

B. All uses shall be developed in a manner consistent with the preservation of the quality of the existing environment and of any natural amenities present on the site. Such uses shall provide for the preservation and the minimum destruction of natural drainage areas, minimum grading to minimize the destruction of the ground surface, the preservation of substantial stands of trees and wetland areas, the preservation of attractive views and any other natural features existing on the site.

C. All new uses or conversions shall comply with the following performance standards:

(1) Noise control.

(a) The sound pressure level of any use (other than the operation of emergency or time signals, outdoor athletic facilities and the operation of motor vehicles or other transportation facilities, operations involved in the construction or demolition of structures) shall not exceed the decibel levels in the designated octave bands as stated below. The sound pressure level shall be measured with a sound level meter and an octave band analyzer that conform to specifications published by the American Standards Association (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z 24, 31944, American Standards Association, Inc., New York, New York, and the American Standard Specification for Octave Bank Filter Set for the Analysis of Noise and Other Sounds, Z 24, 101053, American Standards Association, Inc., New York, New York, shall be used).

(b) All sound pressure level measurements shall be taken at the property line of the property where the sound is being generated, except for properties generating noise in an Industrial Zoning District, where the sound shall be measured at the Industrial Zoning District line.

(c) The maximum permissible sound pressure levels for smooth and continuous noise shall be as follows (all of the decibel levels stated below shall apply in each case):

	Frequency Band (cycles per second)	Maximum Permitted Sound Pressure Level (decibels)
	0 to 150	67
	150 to 300	59
	300 to 600	52
	600 to 1,200	46
	1,200 to 2,400	40
	2,400 to 4,800	34
	Above 4,800	32

(d) If the noise is not smooth and continuous or is radiated during sleeping hours, one or more of the corrections shall be added to or subtracted from each of the decibel levels given below.

	Type of Operation or Character of Noise	Correction in Decibels
	Noise occurs between the hours of 10:00 p.m. and 7:00 a.m.	-3
	Noise occurs less than five percent of any one-hour period	+5

(e) Noise is of periodic character (hum, scream, etc.) or is of impulsive character (hammering, etc.). (In the case of impulsive noise, the correction shall apply only to the average pressure during an impulse, and impulse peaks shall not exceed the basic standards given above.)

(2) Control of smoke, dust and dirt, fumes, vapors, gases and odors. The Pennsylvania Air Pollution Control Act, enacted January 8, 1960, and as amended, shall control the emission of smoke, dust, dirt, fly ash, fumes, vapors, gases or odors. Necessary tests to determine compliance with the Pennsylvania Air Pollution Control Act[1] shall be required.

[1] Editor's Note: See 35 P.S. § 4001 et seq.

(3) Storage of materials.

(a) No materials or waste shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.

(b) All materials or wastes which might cause fumes or dust which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards.

(4) Glare and heat control. No use shall carry on an operation that will produce heat or glare perceptible beyond the property line of the lot on which the operation is situated.

(5) Vibration control. Machines or operations which cause vibration shall be permitted, but in no case shall any such vibration be perceptible along the lot lines of any use without the aid of instruments.

(6) Radiation or electrical emissions, radioactivity or electrical disturbance. Activities which may emit dangerous radioactivity beyond enclosed areas shall comply with the codes of the Pennsylvania Department of Environmental Protection, Division of Radiology. No electrical disturbances (except from domestic household appliances) shall be permitted to affect adversely, at any point, any equipment other than that of creator of such disturbance.

(7) Electric, diesel, gas or other power. Every use requiring power shall be so operated that any service lines, substations, etc., shall conform to the highest applicable safety requirements, shall be constructed, installed, etc., so that they will be an integral part of the architectural features of the plant, or if visible from abutting residential properties, substations shall be concealed by evergreen planting.

§ 250-22 Miscellaneous provisions.

A. Screening requirements.

(1) Adequate screening shall be provided along the front, side, and rear boundaries of any manufacturing or commercial use, or of any off-street parking or loading area for more than five vehicles which abuts a residential or institutional zoning district or along the boundaries of any other use where such screening is required by this chapter.

(2) Open construction or storage yards and junkyards shall be screened in accordance with the provisions of this section.

(3) The Zoning Hearing Board may waive this requirement where natural terrain considerations eliminate the need for such a screen or where access considerations or adjoining development would not substantially benefit from such a screen.

(4) Such screening shall consist of a visual screen or obstruction of sufficient height, but not less than six feet high, to effectively obscure the area being screened from adjoining uses. Such a screen or obstruction shall consist of a suitable fence or wall or of appropriate planting materials such as shrubs, hedges or trees located within a buffer strip having a minimum width of five feet. Such fence, wall, or planting materials shall be maintained in good condition without any advertising thereon.

(5) Any space between such fence, wall or planting materials and adjoining lot lines shall be attractively surfaced and/or landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition.

B. Slope of yards. The surface area of any yard or open space adjacent to a building or structure shall be graded so that surface water will be drained away from any such structure.

C. Animals and fowls.

(1) In any district the establishment, maintenance, and operation of boarding stables, dog kennels, boarding kennels, aviaries, or similar facilities for the housing, boarding, service, treatment, care, breeding or sale of animals and fowls is prohibited, except for the C-2 Commercial District.

(2) The provisions of this section shall not apply to the keeping of pets which are the personal property of persons residing on the premises, provided that such pets shall not create nuisance or health problems.

(3) All animals in the Borough shall be controlled and maintained in compliance with the Chapter 83, Animals, Article I, Animal Control and Maintenance, and Article II, Waterfowl.

D. Size of dwellings.

(1) In order to promote the public health, safety and welfare of occupants residing in residential dwelling structures, the following minimum floor areas for human habitation shall be required in all dwelling units designed for permanent occupancy:

	No. of Bedrooms	Minimum Floor Area (square feet)
	Efficiency unit	450
	One bedroom	575
	Two bedrooms	700
	Three or more	900 + 100 for each additional bedroom exceeding three

(2) No dwelling unit shall be less than 12 feet wide.

E. Public water and sewer facilities. All buildings within the Borough shall be served with public water and sanitary sewer facilities when available, and where such facilities are not available, suitable alternate facilities meeting the requirements of the Pennsylvania Department of Environmental Protection shall be provided. Any residential dwelling unit not served with a PaDEP approved public or central sanitary or water supply system shall have a minimum net lot area of at least one acre.

F. Prohibited uses. The following uses shall be prohibited:

(1) Obscene activities, sales or services. Any use involving activities which constitute violation of 18 Pa.C.S.A. § 5903, as amended, relating to display, sale, lending, distribution or exhibition of obscene and other sexual materials are prohibited in every zoning district. The exhibition or dissemination of obscene materials, as defined herein, which do not constitute a violation of 18 Pa.C.S.A. § 5903, as amended, shall only be permitted in a zoning district which clearly lists such a use, and all such uses shall be special uses as defined herein.

§ 250-23 Mobile homes.

A. Location of mobile homes. Mobile homes erected or placed on individual lots shall be required to have a building permit and a certificate of occupancy prior to habitation and to be firmly anchored to a foundation or slab which is at least the same dimensions as the mobile home's outside (footprint) dimensions. Mobile homes in mobile home parks shall be subject to the requirements and standards of this section.

B. License: application and issuance.

(1) No mobile home park shall be operated without a license. Such license shall expire on January 1 following the issuance, but may be renewed under the provisions of this chapter for additional periods of one year.

(2) The application for such license or for the renewal thereof shall be filed in triplicate with the Zoning Officer and shall be accompanied by the appropriate fee as hereinafter provided.

(3) The application shall be verified by the applicant and shall contain:

(a) The name, address and telephone number of the applicant.

(b) The nature and extent of his interest in the business for which the license is desired.

(c) Whether or not applicant is the owner of the real property for which the license is desired and if not, the name, address and telephone number of the owner thereof.

(d) If the applicant is not the owner of the real property for which the license is desired, the application shall be accompanied by a duly verified statement of the owner of the real property that the applicant is authorized by him to construct and maintain the mobile home park and to make application for a license therefor.

(e) A description of the premises on which the mobile home park is or will be located as will readily identify and definitely locate same.

(f) The number of units to be contained in said mobile home park.

(g) The date of arrival of each mobile home or trailer unit in the park.

(h) Name and permanent address of owner of mobile home or trailer unit.

(i) Make of mobile home or trailer, state in which registered and registration number.

(j) Year of issuance of registration.

(k) Such other information as may reasonably be required.

(4) The application shall be accompanied by three copies of the mobile home park plan, drawn to scale and prepared by a civil engineer or land surveyor duly licensed by the State of Pennsylvania showing in detail the following:

(a) The extent and area used for mobile home park purposes with a location insert in smaller scale showing the park location on the entire property.

(b) Roadways, driveways and sidewalks.

(c) Location of mobile home lots with dimensions and boundary lines.

(d) Location of parking facilities for cars and two vehicles.

(e) Method and plan of sewage disposal system showing sizes of pipe and connection locations.

(f) Location and number of auxiliary sanitary facilities including toilets, washrooms, laundries and utility rooms.

(g) Method and plan of solid waste collection and disposal system.

(h) Plan of water supply showing location of all home and auxiliary connections and all fire hydrants.

(i) Plan of electric power and lighting system, with location of power plug for each lot as well as location and wattage of streetlighting facilities.

(j) The above prints will bear the approval of the Pennsylvania Department of Environmental Protection and the Zoning Officer.

(5) The Zoning Officer shall immediately submit said application and plan to the Zoning Hearing Board, who shall promptly consider the application and render a decision. If approved, the Board shall endorse the application in writing with the date thereof and direct the Zoning Officer to issue and record the license. If the application is disapproved by the Board, they shall direct the Zoning Officer to notify the applicant in writing of such disapproval together with the reasons therefor.

(6) Annual fees for mobile home parks shall be as established, from time to time, by resolution of Borough Council and are to be paid by the park owner.

C. Mobile home parks; procedure for construction or expansion.

(1) All plans for mobile home park expansion shall be first submitted to the Zoning Hearing Board for review and action.

(2) If approved by the Board, the Zoning Officer will issue a construction permit with specific reference thereon to the approved plan.

(3) When the new section of the mobile home park is completed and ready for occupancy, and complies with all requirements indicated by this chapter and the Board, the Zoning Officer may issue a certificate of occupancy which entitles the owner to apply to the Borough Secretary for a license for the new section.

D. General design requirements for mobile home parks.

(1) All mobile home parks shall be located on high and well-drained land and shall have not less than a total land area of five acres.

(2) All mobile home parks shall have paved access roads to and from any such site and in no instance shall such sites be in conflict with any other ordinance of the Borough.

(3) All streets within any mobile home park shall be not less than 40 feet right-of-way with a paved width of not less than 20 feet and shall meet minimum paving thickness and other requirements as required by the Borough for minor streets. All streets shall be properly drained and shall be kept free of debris or other obstructions to provide clear access for fire, police or other emergency access.

(4) All mobile home parks shall provide not less than 10% of the total land area for public open space purposes and such lands shall be improved whereby the same will be accessible to all families residing within said tract and whereby such open space may be used for recreation purposes.

(5) All mobile home parks shall provide to each lot line a continuing supply of safe and potable water as approved by the Pennsylvania Department of Environmental Protection as well as a sanitary sewerage disposal system in accordance with, and as approved by, the Pennsylvania Department of Environmental Protection, all such systems being provided to the lot lines of all lots in any such mobile home park.

(6) There shall be provided in each mobile home park such other improvements as the Commission may require whereby such requirements shall at all times be in the best interests of the public health, safety and general welfare and may include, but shall not be limited to, garbage and trash collection and disposal facilities as approved by the Pennsylvania Department of Environmental Protection, and an adequate park lighting system.

(7) No lot in any mobile home park shall be less than 50 feet wide and have less than 5,000 square feet of total lot area exclusive of easements or rights-of-way.

(8) No structure located on any lot in any mobile home park shall be closer to any front lot line than 25 feet; to any side lot line than eight feet; nor to any area lot line than 20 feet.

(9) All lots in any mobile home park shall be well drained and graded to a point where trailers or mobile homes may be parked so that the parking of the same shall result in safety to all concerned. In all instances, as much natural growth as is reasonably possible shall be preserved by any mobile home park developer.