Borough of Burnham, PA SUPPLEMENTAL REGULATIONS

Parking. A minimum of four spaces.

Off-Street Loading. One bay for each establishment.

Standards.

Gross leasable floor space is defined as the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any, expressed in square feet and measured from the center line of joint partitions and from outside wall faces.

For parking purposes on C-1 and I-1 development 400 square feet shall be allotted for each car including moving lanes, access drives, drive-up windows, grocery loading areas and landscaped areas to be incorporated in the site layout as part of the circulation and parking for the development. However, in no case shall individual stall dimensions be less than nine feet by 18 feet.

Off-street parking facilities for residential and general commercial uses, including neighborhood groceries, shall have stalls of no less than nine feet by 18 feet and adequate provision for internal circulation egress, and exit.

Home Occupation, Professional. At least one parking space for the resident, one for each nonresident employee and one for patron use.

§ 602 Signs.

[Ord. 1973-8, 5/23/1985, § 602; as amended by Ord. 1976-7, 10/27/1976, § 1; by Ord. 1980-8, 10/8/1980, § 1; by Ord. 1980-10, 12/30/1980, § 1; and by Ord. 1989-5, 8/28/1989, §§ 1-6]

Erection and Maintenance of Signs. Signs may be erected and maintained only when in compliance with the provisions of this Part and any and all other ordinances and regulations relating to the erection, alteration, or maintenance of signs and similar devices.

Signs in Residential Districts. The following types of signs and no other shall be permitted in the residential districts. All signs shall be subject to all "General Regulations," § 602.4 hereof.

Signs advertising the sale or rental of the premises upon which they are erected, when erected by the owner or broker or any other person interested in the sale or rental of such premises, may be erected and maintained; provided: (1) The size of any such sign is not in excess of six square feet; and, (2) not more than two signs are placed upon any property in single and separate ownership, unless such property fronts upon more than one street, in which event two such signs may be erected on each frontage.

Signs indicating the location and direction of premises available for or in process of development, but not erected upon such premises and having inscribed thereon the name of the owner, developer, builder, or agent may be erected and maintained; provided that (1) The size of any such sign is not in excess of six square feet and not in excess of four feet in length; and (2) not more than one such sign is erected on each 500 feet of street frontage.

Signs bearing the word "sold" or the word "rented" with the name of the persons affecting the sale or rental may be erected and maintained provided the conditions in § 602.2A hereof are complied with.

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 that (1) the size thereof is not in excess of 12 square feet; and (2) such signs are removed promptly upon completion of the work.

Trespassing signs, or signs indicating the private nature of a driveway or property provided that the size of any sign shall not exceed two square feet.

Signs of schools, colleges, churches, hospitals, sanitariums, or other institutions of a similar nature may be erected and maintained provided that (1) The size of any such sign is not in excess of 40 square feet; and (2) not more than one sign is placed on a property in a single and separate ownership, unless such property fronts upon more than one street, in which event one such sign may be erected on each frontage.

Signs advertising home occupations shall not be larger than two square feet, and may include the name, occupation, and logotype or trade mark, if appropriate, of the practitioner. Such signs shall not be illuminated with the exception of medical offices during the hours such offices are open for the care of patients.

Official traffic and street name signs when erected by or with the written approval of the Borough Council.

Signs necessary for the identification, operation or protection of public utility facilities and municipal uses; however, all "General Regulations," § 602.4, shall apply to such signs.

Temporary signs urging or endorsing election of a candidate to public office in an election, provided that:

The size of any such sign is not in excess of six square feet and not in excess of four feet in length.

Not more than two such signs are erected upon any property in single and separate ownership, unless such property fronts upon more than one street, in which event two such signs may be erected on each frontage.

Such signs shall not be displayed in excess of six months before the pertinent election and shall be removed within seven days after the pertinent election.

Business Identification Signs. Signs bearing the name of the occupant and products manufactured, processed, sold or displayed may be erected and maintained on the premises in commercial and industrial districts. The size of business identification signs shall not exceed 220 square feet of surface area and not more than 110 square feet on each side in C-1 Districts; however, all "General Regulations," § 602.4, except as otherwise provided in § 602.4, shall apply to such signs.

General Regulations for All Signs. The following regulations shall apply to all permitted sign uses:

Signs must be constructed of durable material, maintained in good condition, and not allowed to become dilapidated.

No sign shall be placed in such a position that is will cause danger to traffic on a street by obscuring the view.

No sign, other than an official traffic sign, shall be erected within the right-of-way lines of any street, unless authorized by the Borough Council for a special purpose.

No sign shall project over a public sidewalk area more than 18 inches.

Overhead signs shall be at least nine feet high, measured from the ground or pavement to the bottom most part of the sign.

No sign shall exceed 20 feet in length.

No permit shall be required for the erection, alteration, or maintenance of any signs as permitted in § 602.2, "Signs in Residential Districts."

A permit shall be required for the erection or alteration of business identification signs (including portable or movable business identification signs) or billboards.

Advertising painted upon, or displayed upon, a barn or other building or structure shall be regarded as an advertising sign board and the regulations pertaining thereto shall apply.

Each sign shall be removed when the circumstances leading to its erection no longer apply. At no time shall there be more than one sign on each street frontage.

In all districts, only those signs referring directly to materials or products made, sold, or displayed on the premises shall be permitted, except as otherwise noted in this Chapter. Such signs shall comply with all other requirements, as stated herein, for the district in which they are erected.

Temporary signs advertising a sale or event sponsored by a civic or religious group, provided that such signs shall not be displayed in excess of one month and shall be removed promptly after the event.

Business identification signs may be erected and maintained provided that (a) the area of one side of any freestanding sign shall not exceed 110 square feet; and (b) not more than one such sign shall be erected on each street frontage. In addition, the area of any sign attached to a building shall not exceed 20% of the wall area on which the sign is placed and the sign placed on any building or lot shall relate to the business on the premises. These provisions are further restricted per Subsections S and U, hereafter.

This subsection shall apply to all permitted sign uses except that Subsections F, M and U of this Subsection 4 and the second sentence of subsection I of this Subsection 4 shall not be applicable to signs in an I-1 Industrial District.

For purposes of determining the permissible area of any one side of the business identification sign, all signs on one pole or support shall be considered as one sign.

Billboards shall be permitted in C-1 General Commercial and I-1 Industrial Districts provided that (a) the area of any one side of any freestanding billboard sign shall not exceed 110 square feet; (b) the total area of such sign shall not exceed 220 square feet; and (c) not more than one such billboard sign shall be erected on each street frontage. In addition, the area of any billboard sign attached to a building shall not exceed 20% of the wall area on which the sign is placed.

Regardless of any other provisions of this Chapter, except as per Subsection 4U, hereafter, in no case whatsoever, shall there be permitted in a C-1 General Commercial District more than one freestanding business sign, business identification sign or billboard or any combination thereof (for example, one freestanding sign with multiple signs thereon for business or business identification purposes as well as a sign or signs thereon which may be classified as billboards) on each street frontage. Thus, in no case whatsoever shall there be more than one freestanding sign of any nature whatsoever, except as noted in § 602.4U hereafter, on each street frontage in a C-1 General Commercial District.

Regardless of any other provisions of this Chapter, in no case whatsoever shall there be permitted in a C-1 General Commercial District a business sign, business identification sign or billboard or any combination thereof attached to a building which exceeds greater than 20% of the wall area on which the said sign or combination of signs are placed. Thus, in no case whatsoever will it be permitted for a sign or signs to cover greater than 20% of the wall area of a building in a C-1 General Commercial District.

Animated, sequential, flashing, rotating, revolving or oscillating signs shall be permitted in C-1 General Commercial and I-1 Industrial Districts provided that (a) the area of any one side of any such sign shall not exceed 50 square feet; (b) the total area of the sign shall not exceed 100 square feet; (c) no such sign shall be greater than nine feet in length; and (d) it does not otherwise violate this Chapter, violate § 602.5 of this Chapter or otherwise by reason of its intensity, color, location, or movement interfere with traffic lights, signals or other controls, interfere with traffic or abrogate or endanger the public safety, health and welfare.

Portable or movable business identification sign(s) of whatever nature when in use or when being displayed shall be firmly anchored to the ground by means of guy wires, cable, rope or other appropriate device so that said portable or movable business identification signs are secure and are not subject to being too easily removed by unauthorized persons or the elements.

Anything in this Chapter to the contrary notwithstanding, in addition to other permissible signs, portable or movable business identification signs that bear the name of the occupant and/or products manufactured, processed, sold or displayed on the premises shall be permitted in C-1 General Commercial Districts provided that (a) the area of any one side of any such sign shall not exceed 50 square feet; (b) the total area of the sign shall not exceed 100 square feet; (c) no such sign shall be greater than nine feet in length; and (d) not more than one such portable or movable sign shall be permitted on each street frontage.

Prohibited Uses and Signs. The following are prohibited:

Rotating, revolving or flashing lights which by reason of intensity, color, design or otherwise are similar to authorized visual signals on police and/or emergency vehicles per the Vehicle Code. Act of June 17, 1976, P.L. 162, No. 81, specifically subsection (D), Equipment of Authorized and Emergency Vehicles, 75 Pa.C.S.A. §§ 4571 - 4573, and, as it may be amended and supplemented from time to time, and per the regulations thereto, specifically 67 Pa. Code §§ 173.1 - 173.4, and as they may be amended or supplemented from time to time, shall not be permitted in any district.

Any sign which by reason of its intensity, color, location, or movement may interfere with traffic lights, signals or other controls, or abrogate or endanger the public safety, health or welfare shall not be permitted in any district.

General Regulations for Lighting.

All lighting shall be shielded and shall be designed so that it does not reflect or beam onto adjacent properties. No lighting shall be permitted which is of so great an intensity as to constitute a nuisance to neighboring properties or to traffic on the public streets or alleys.

No light shall be higher than 10 feet above the maximum building height on which the light is erected.

Signs at Borough Recreational Facilities. Regardless of the zoning district in which a Borough recreational facility (including, but not limited to, parks, playgrounds, fairgrounds and athletic fields) is located and subject to prior approval by the Council of the Borough of Burnham, a nonprofit community organization may erect and maintain signs to help fund the activities of said nonprofit community organization authorized by the Council of the Borough of Burnham at recreational facilities (including, but not limited to, parks, playgrounds, fairgrounds, and athletic fields) owned, used or to be used by the Borough of Burnham, provided that:

[Added by Ord. 2007-3, 8/6/2007]

Any nonprofit community organization wishing to place signs at a Borough recreational facility must, prior to erecting any sign, appear before Council at a regular meeting and submit a written proposal to erect and maintain signs at a Borough recreational facility used by that organization. Said proposal shall include, at a minimum, full particulars as to the size, shape, materials, supports, location, height above ground level and the information to be displayed by the sign and shall be accompanied by drawings sufficient to show compliance with this § 405. Said proposal shall also specify the period of time the sign or signs are to be displayed.

Council may, in its sole discretion, and by resolution, permit a nonprofit community organization to erect and maintain signs at a Borough recreational facility and may place restrictions on:

Sign size and shape;

Sign material and supports;

Sign location, including but not limited to height above ground level;

Sign content;

(5)

The time period that such signs are permitted at the premises; and

(6)

Such other requirements and conditions deemed reasonable and prudent.

Council may, in any event, at any time, without regard to, and without incurring any liability whatsoever, direct that any and/or all signs erected be removed. The responsibility for removing signs shall be upon the nonprofit community organization, or its successors, erecting the same.

§ 603 Conditional Uses.

[Ord. 1973-8, 5/25/1973, § 603; as amended by Ord. 1978-9, 8/9/1978; and by Ord. 1996-2, 5/9/1996, § 11]

Uses specified as special exception uses shall be governed by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10912.1.

Uses specified as conditional uses shall be governed by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10913.2 and shall be permitted only after review by the Planning Commission and approval by the Borough Council based on the determination that the conditional use is appropriate to the specific location for which it is proposed, consistent with the community development plan, and in keeping with purposes and intent of this Chapter.

The following standards and criteria shall be used as a guide in evaluating a proposed special exception use or conditional use, as applicable:

The presence of adjoining similar uses.

An adjoining zone district in which the use is permitted.

The need for the use in the area proposed as established by the comprehensive plan, or, otherwise, the use will meet a community need.

The existence of sufficient area to effectively screen the use from adjacent different uses, if applicable.

The use is not a substantial threat to the community nor detrimental to the public welfare.

The use will not alter the essential character of the neighborhood or district in which it is situated.

The use will not substantially or permanently impair the appropriate use or development of adjacent property.

The use is consistent with the surrounding uses in the neighborhood and the character of the neighborhood so as to conserve the objective value of maintaining existing local groupings of consistent uses and yet encourage the most appropriate use of the land.

Conditions are such that there are several potential sites for the particular use but not sufficient need to establish a permitting zone district or to leave the district open to the indiscriminate placement of such use.

Sufficient safeguards such as parking, traffic control, screening and setbacks can be included to remove any potential adverse influences the use may have on adjoining uses.

In addition to the standards and criteria set forth above, the following additional standards and criteria shall be used as a guide in evaluating a proposed townhouse use:

Open space shall be provided for each townhouse development which shall meet the following requirements:

Total open space (exclusive of streets and drives and parking areas), when coupled with individual lot area, shall equal at least 4,000 square feet per townhouse dwelling unit.

Such open space shall be so designed as to provide for children's play area or areas, park area or areas and grass and shrubbery area or areas.

Minimum open space requirements for townhouse developments shall be as follows:

(a)

In a front to front structure arrangement, the townhouse fronts must be separated by at least 40 feet.

(b)

In a front to rear structure arrangement, the townhouse fronts and rears must be separated by at least 50 feet.

(c)

In a rear to rear structure arrangement, the townhouse rears must be separated by at least 30 feet.

(d)

In a side to side structure arrangement, the townhouse sides must be separated by at least 20 feet.

Prior to approval of a townhouse development, provisions shall be made to assure that nonpublic areas (common areas) and facilities for the common use of the occupants of a townhouse development shall be maintained in a satisfactory manner.

The developer will provide protective covenants in all deeds to insure the maintenance, repair, replacement and upkeep of all land, structures, sidewalks, driveways, parking areas, etc., which are owned and used in common. Such protective covenants will provide for the equitable assessment of individual townhouse landowners by a homes association or other similar organization charged with the responsibility of maintenance, repair, replacement and upkeep of all common elements.

Not more than eight dwelling units shall be erected in a single structure.

Dwelling units shall be at least 20 feet in width, of one story or two story construction and may have basements under the first story and shall have a maximum height above ground level of 35 feet.

All structures shall setback at least 20 feet from front curbline.

Rear yards shall have a minimum depth of 40 feet.

Sidewalks serving townhouse developments shall be provided so as to promote safe pedestrian access throughout the entire development, especially such access to the rear of all dwelling units. All sidewalks shall be constructed in accordance with § 602.3, "Improvements Specifications," as set forth in Chapter 22, Subdivision and Land Development, Part 6, Improvement Specifications, § 602, "Required Improvements," Subsection 3, "Sidewalks."

All dwelling units must have at least 800 square feet of living area on the main living floor or floors (exclusive of basement, patio, porch or sun deck).

All attached dwelling units must be separated by a masonry party wall so constructed as to have at least a two-hour fire resistant capacity.

Off-street parking shall be provided at a rate of at least 2.5 parking spaces per dwelling unit with the 0.5 parking space being combined in a common parking area to accommodate off-street guest parking. Such off-street parking shall be regulated by Part 6, "Supplemental Regulations," § 601, "Off-Street Parking," contained in this Chapter.

Streets serving townhouse developments shall be of such width as to afford free passage of service and emergency vehicles and must comply with Part 5, "Design and Construction Standards", as set forth in the Burnham Borough Subdivision and Land Development Ordinance [Chapter 22].

Garbage dumpsters shall be provided for each townhouse development in an appropriate number to serve all townhouse units. The dumpster area shall be screened by an opaque enclosure of not less than five feet in height.

Fire hydrants shall be provided in accordance with § 602.9 of the Borough of Burnham Subdivision and Land Development Ordinance [Chapter 22].

Private usable open space such as balconies, sundecks, patios, etc., shall be provided contiguous to each dwelling unit. The area of such open space shall not be less than 10% of the floor area of the unit served; such square footage may consist of one or more patio areas. Open roof areas and balconies designed or planned for patio purposes may be credited for no more than 50% of the required patio area. All patio outdoor living areas for each townhouse unit shall be enclosed by a wall affording complete screening except where a natural feature would suggest an exception after review of the site plan. Such a wall shall be of masonry or other material having a life expectancy of not less than 10 years and a minimum height of six feet. Such patio areas shall be made a part of the townhouse unit.

All dwelling units shall be independently served by separate heating, sewer, water, electric power, gas, air conditioning and other facility and utility services, wherever such utilities and services are provided, and no townhouse shall be in any way dependent upon such service or utility lines located within another unit or on or in another townhouse or townhouse site, except as may be installed in public easements. All townhouses must be connected to public water and sewer lines and all electric and telephone lines and T.V. cable lines and a townhouse development site must be placed underground.

At the option of the developer, a townhouse development may be subdivided to provide individual lots for townhouse units, provided that the following requirements are met. All plotting requirements shall comply with the Subdivision and Land Development Ordinance of the Borough of Burnham [Chapter 22], except where more restrictive provisions contained in this Section shall prevail.

All lots shall abut by their full frontage on a publicly dedicated street.

The density requirements shall comply with the minimum lot dimensions of this Section.

ABOVE-GROUND/ON-GROUND SWIMMING POOL

The minimum lot size for a townhouse dwelling shall be 2,400 square feet.

§ 604 Swimming Pools.

[Ord. 1973-8, 5/23/1973, § 603; as amended by Ord. 1976-7, 10/27/1976, § 1; and by Ord. 1995-2, 3/14/1995]

Private Swimming Pools. Private swimming pools, in districts where permitted, shall comply with the following conditions and requirements.

The pool is intended, and is to be used, solely for the enjoyment of the occupants of a principal use of the property on which it is located.

It may be located only in the rear yard or side yard of the property on which it is an accessory use.

Definitions.

A removable swimming pool of any shape that has walls and an impervious liner that is located on the surrounding earth and may be disassembled or stored and reassembled to its original integrity.

BARRIER

A fence, a wall, a building wall or a combination thereof.

HOT TUB/SPA

A structure containing water intended for recreational use, in which all controls, water-heating, water circulating equipment are an integral part of the product.

IN-GROUND POOL

A permanent swimming pool in which the surface of the water is approximately level with the surrounding ground surface and the volume of water is below ground level.

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. (Pennsylvania Municipalities Planning Code.)

SWIMMING POOL

Any structure, intended for swimming and/or diving purposes, made of concrete, masonry, metal or other man-made impervious material or a combination thereof, in which the water is treated to maintain a sanitary condition and that has a water depth of 24 inches or more. This includes in-ground, above-ground/on-ground swimming pools and hot tubs/spas.

An outdoor swimming pool, including an in-ground, above-ground/on-ground pool, and hot tub/spa shall be provided with a barrier that completely surrounds the swimming pool which shall comply with the following:

The top of the barrier shall be at least 48 inches (four feet) above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an above-ground pool, the barrier may be at ground level or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure; the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be two inches.

Openings in the barrier shall not allow passage of a four inch diameter sphere.

Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.

Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1 3/4 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches in width.

(5)

Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed four inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches in width.

(6)

Maximum mesh size for chain link fences shall be 1 1/4 inch square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to no more than 1 3/4 inches.

(7)

Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall be no more than 1 3/4 inches.

(8)

Access gates shall comply with the requirements of subsections (1) through (7), above, and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outwards away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate; and,

(a)

The release mechanism shall be located on the pool side of the gate at least three inches below the top of the gate; and,

(b)

The gate and barrier shall have no opening greater than 1 1/2 inch within 18 inches of the release mechanism.

(9)

Where a wall of a dwelling serves as part of the barrier, direct access to the pool through the wall shall be limited to doors and windows which meet the following conditions:

(a)

Windows leading to the pool area shall have a latching device at least 54 inches above the floor.

(b)

Hinged doors leading to the pool area shall be self-closing and shall have a self-latching device. The release mechanism of the self-latching device shall be located at least 54 inches above the floor.

(c)

Sliding doors or sliding screen doors leading to the pool area shall be self-closing and shall have a self-latching device. The release mechanism of the self-latching device shall be located at least 54 inches above the floor.

(10)

Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers.

A zoning permit shall be required to locate, construct or maintain a swimming pool.

A swimming pool shall be located at least 14 feet from a property line or the street right-of-way line, whichever line is closer to the swimming pool.

The pool may be lighted by underwater or exterior lights, or both, provided all exterior lights are located so that the light is neither directed nor reflected upon adjacent properties in such a manner as to be a nuisance or an annoyance to neighboring properties.

There shall be no cross-connection with a public sewerage system.

The permanent inlet shall be above the overflow level of the pool.

At the time of application for a zoning permit it shall be demonstrated that the drainage of a pool is adequate and will not interfere with the water supply system, with existing sewage facilities, with public streets and shall not drain onto a neighboring property.

Public Swimming Pools. Public swimming pools in districts where permitted shall comply with the conditions set forth in:

Public Bathing Law, Act of June 23, 1931, P.L. 899, 35 P.S. § 672 et seq., and any amendments or supplements thereto.

Public Bathing Place Sanitation and Safety Regulations, 28 PA Code § 17.111 et seq., and any amendments or supplements thereto.

§ 605 Drive-In Theater.

[Ord. 1973-8, 5/23/1973, § 605]

A site plan shall be submitted with the application and any building permit issued shall be in accordance with the approved site plan. A drive-in theater shall be subject to the following regulations:

The minimum lot area shall be 15 acres.

The screen shall be situated so that its face is not visible from any public right-of-way.

No structure excepting an enclosure fence shall be located within 100 feet of any lot line; provided, however, that the screen shall be located not less than 150 feet from any lot line.

The site shall be enclosed by a protective screening or planting strip consisting of suitable evergreen plant material. Such planting strip shall be maintained at a minimum height of seven feet and shall be set back at least 30 feet from right-of-way lines and 10 feet from other lot lines.

Sufficient car storage areas, deceleration lanes, sight distance and lighting shall be provided for the safe and expedient handling of traffic; provided, however, that storage areas shall provide storage space for at least 25% of theater capacity.

A playground and snack shop will be permitted as an accessory use.

§ 606 Projections into Required Yard.

[Ord. 1973-8, 5/23/1973, § 606; as amended by Ord. 1976-7, 10/27/1976, § 1]

The following projections into yards and courts shall be permitted:

Cornices, eaves, belt courses, sills or other similar architectural features, exterior stairway, fire escape or other required means of egress, rain lead or chimney may extend or project into a required yard not more than two feet.

§ 607 Front Yard Exceptions.

[Ord. 1973-8, 5/23/1973, § 607]

In any use district when 50% or more of the block frontage containing a lot upon which a proposed building is to be located is already improved with buildings having front yards of less depth than that required for that particular use district, the average of such front yards shall establish the minimum front yard depth for the remainder of the frontage; provided, however, that in no case shall the setback be less than 10 feet from the curbline.

§ 608 Intersection Clearance.

[Ord. 1973-8, 5/23/1973, § 608]

On a corner lot no fence, structure or planting higher than two feet above the curb or street line shall be permitted within a triangle described by 15 feet lines extended along the right-of-way lines from the intersection.

§ 609 Nonconforming Use.

[Ord. 1973-8, 5/23/1973, § 609; as amended by Ord. 1976-7, 10/27/1976, § 1]

A certification of nonconformance shall be issued by the Zoning Officer for all structures and uses which are in conflict with the use designated for the zone in which they are situated, when requested by the owner of such structure or use. However, all nonconforming uses and nonconforming structures shall be identified and listed by the Zoning Officer within four months of the adoption of this Chapter.

Continuation. Any lawful use of a structure or land existing at the effective date of this Chapter may be continued although such use does not conform to the provisions of this Chapter.

Extensions.

A nonconforming use of a building may be extended throughout the building if no structural alterations are made therein; provided that such extension may include structural alterations when authorized as a special exception when the Zoning Hearing Board finds that such structural alterations will not adversely affect adjoining property.

In an I-1 District, a nonconforming use may be extended on a lot occupied by such use and held in single and/or separate ownership at the effective date of this Chapter.

In all but I-1 Districts, a nonconforming use may be extended upon a lot occupied by such use and held in single and/or separate ownership at the effective date of this Chapter when authorized as a special exception; provided, that such extension does not replace a conforming use, does not violate the yard and coverage requirements of the zone in which the nonconforming use exists, and, regardless of changes in lot coverage, a proposed expansion shall not exceed 50%.

Nonconforming Lot of Record.

In any district, in which single-family houses are permitted, a single-family house and customary accessory buildings may be erected on any lot of record in existence at the effective date of this Chapter. Consideration shall be given by the Zoning Hearing Board as to the desirability and feasibility of resubdividing the area when two or more nonconforming lots have contiguous frontage and are in single ownership.

This provision shall apply even though such lot fails to meet requirements of side, front or rear yards or the minimum lot area requirements applicable in the district in which the lot is located.

Nonconforming Structure.

A nonconforming structure that has been damaged or destroyed by fire, windstorm, lightning or a similar cause deemed to be no fault of the owner may be rebuilt. Request for a building permit must be submitted within one year from the date of damage or destruction or the nonconforming use shall not be restored. Restoration must be completed within two years from the date of damage or destruction.

No rebuilding shall be undertaken as provided herein until plans for rebuilding have been presented and approved by the Zoning Officer. Approval shall be for the same use or for a use of a more restricted classification.

The provisions of this subsection shall not apply in an I-1 Industrial District. Nonconforming structures in such districts may be restored as a matter of right.

Changes. A nonconforming use of a building or land may be changed to a use of an equal or more restricted classification when authorized as a special exception by the Zoning Hearing Board.

Abandonment.

If a nonconforming use of a building or land ceases for a period of one year or more, subsequent use of such building or land shall be in conformity with the provisions of this Chapter.

Abandonment regulations shall not apply to an I-1 Industrial District.

Building Permits. In a case where a building permit has been issued prior to the effective date of this Chapter, and the proposed use of land and/or building does not conform with this Chapter, said proposed use shall be regulated by the nonconforming use requirements of this Chapter and shall be considered the same as a lawful nonconforming use if construction other than excavation and foundations is undertaken within a period of 30 calendar days after the issuance date of said building permit and construction thereof is completed within 12 calendar months from the issuance date of the building permit.

Nonconforming Use of Open Land. All nonconforming signs, junk storage areas, storage areas, and similar nonconforming use of open land, when discontinued for a period of 90 days, or damaged to an extent of 60% or more of replacement costs, shall not be continued, repaired or reconstructed, provided that the provisions of this Section shall not be applicable in an I-1 Industrial District.

§ 610 Special Provisions Applying to Designated Floodplain Districts.

[Ord. 1973-8, 5/23/1973, § 10; as amended by Ord. 1978-6, 3/8/1978]

In order to prevent excessive damage to buildings and structures due to flooding conditions, the following provisions shall apply to all proposed construction or development occurring in any of the floodplain districts designated in this Chapter, as amended:

Residential Structures. Within any designated Floodway (FW), Flood-Fringe (FF) or General Floodplain (FA) District, the lowest floor (including basement) of any new or substantially improved residential structure shall be at or above the one-hundred-year flood elevation.

Nonresidential Structures.

Within any designated Floodway (FW), Flood-Fringe (FF), or General Floodplain (FA) District, the lowest floor (including basement) of any new or substantially improved nonresidential structure shall be at or above the one-hundred-year flood elevation or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.

Any structure, or part thereof, which will not be completely or adequately elevated, shall be designed and constructed to be completely or essentially dry in accordance with the standards contained in the publication entitled "Floodproofing Regulations" (U.S. Army Corps of Engineers, June 1972), or some other equivalent standard, for that type of construction.

Fill. If fill is used, it shall:

Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling.

Be used to the extent to which it does not adversely affect adjacent properties.

Placement of Building and Structures. All buildings and structures shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water. In so doing, consideration shall be given to their effect upon the flow and height of floodwaters.

Anchoring.

All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or other movement thus reducing the threat to life and property and decreasing the possibility of the blockage of bridge openings and other restricted sections of the watercourse.

All air ducts, large pipes and storage tanks located at or below the regulatory flood elevation shall be firmly anchored in accordance with accepted engineering practices to prevent flotation.

Floors, Walls and Ceilings. Where located at or below the regulatory flood elevation:

Wood flooring shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without incurring structural damage to the building.

Plywood shall be of any "exterior" or "marine" grade and of a water-resistant or waterproof variety.

Walls and ceilings in nonresidential structures shall have sufficient wet strength and be so installed as to structurally survive inundation.

Window frames, door frames, door jambs and other components shall be made of metal or other water-resistant material.

Electrical Systems.

All electric water heaters, electric furnaces, electric air conditioning and ventilating systems, and other electrical equipment or apparatus shall be permitted only at elevations above the regulatory flood elevation, or be installed such that they can be readily removed from the area within the time available after flood warning.

No electrical distribution panels shall be allowed at an elevation less than three feet above the level of the one-hundred-year flood elevation.

Separate electrical circuits shall serve lower levels and shall be dropped from above.

Plumbing.

Water heaters, furnaces and other mechanical equipment or apparatus shall be permitted only at elevations above the regulatory flood.

No part of any on-site sewage disposal system shall be constructed within any designated floodplain districts.

Water supply systems and sanitary sewage systems shall be designed to preclude infiltration of floodwaters into the systems and discharges from the system into floodwaters.

All gas and oil supply systems shall be designed to preclude the infiltration of floodwaters into the systems and discharges from the systems into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.

Paints and Adhesives. Where located at or below the regulatory flood elevation:

Adhesives shall have a bonding strength that is unaffected by inundation (i.e., "marine" or water-resistant quality.)

All wooden components (doors, trim, cabinets, etc.) shall be sealed with a "marine" or water-resistant quality or similar product.

Paints or other finishes shall be capable of surviving inundation (i.e., "marine" or water-resistant quality).

10.

Drainage Facilities. Storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The system shall insure drainage at all points along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.

11.

Sanitary Sewer Facilities. All new or replacement sanitary sewer facilities, and private package sewage treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment.

12.

Water Facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system, and be located and constructed to minimize or eliminate flood damages.

13.

Utilities. All utilities such as gas lines, electrical and telephone systems being placed in designated floodplain districts should be located, elevated (where possible) and constructed to minimize the chance of impairment during a flooding occurrence.

14.

Special Flood Damage Control Provisions for Mobile Homes and Mobile Home Parks in the Designated Floodplain Districts. All mobile homes and any additions thereto shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors in accordance with the American National Standards Institute and National Fire Protection Association Standards as specified in the Standard for the Installation of Mobile Homes including Mobile Home Park Requirements (NFPA No. 501A-1974 (ANSI A119.3-1975)) as amended for Mobile Homes in Hurricane Zones or other appropriate standards such as the following:

Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations) for units 50 feet or more in length, and one additional tie per side for units less than 50 feet in length.

Frame ties shall be provided at each corner of the mobile home, with five additional ties per side at intermediate locations for units 50 feet or more in length, and four additional ties per side for units less than 50 feet in length.

All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.

All mobile homes and any additions thereto shall also be elevated in accordance with the following requirements:

The stands or lots shall be elevated on compacted fill, or on pilings so that the lowest floor of the mobile home will be at or above the elevation of the regulatory flood.

Adequate surface drainage is provided.

Adequate access for a hauler is provided.

Where pilings are used for elevation, the lots shall be large enough to permit steps; piling foundations shall be placed in stable soil no more than 10 feet apart; reinforcement shall be provided for pilings that will extend for six feet or more above the ground level.

An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the appropriate Borough officials for mobile home parks and mobile home subdivision where appropriate.

No mobile homes shall be placed in any designated Floodway District or area.

15.

Existing Structures in Designated Floodplain Districts. Structures existing in any designated floodplain district prior to the enactment of this Chapter, but which are not in compliance with these provisions, may continue to remain subject to the following:

Existing structures located in a designated Floodway District or area shall not be expanded or enlarged, unless the effect of the proposed expansion or enlargement on flood heights is reasonable offset by accompanying improvements.

Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an external or amount of 50% or more of its market value, shall be undertaken only in full compliance with the provisions of this Chapter.

16.

Space Below the Lowest Floor.

[Added by Ord. 2006-3, 8/7/2006]

Fully enclosed space below the lowest floor (including the basement) is prohibited.

Partially enclosed space below the lowest floor (including the basement), which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "partially enclosed space" also includes crawl spaces.

Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:

A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.

The bottom of all openings shall be no higher than one foot above grade.

Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

Consideration may be given to the requirements of 34 Pa. Code (Chapters 401-405, as amended) and the 2003 IRC (Sections R323.2.2 and R323.1.4) and the 2003 IBC (Sections 1612.4, 1612.5, 1202.3.2 and 1203.3.3).

17.

Uniform Construction Code Coordination.

[Added by Ord. 2006-3, 8/7/2006]

The standards and specifications contained 34 Pa. Code (Chapters 401-405), as amended, and not limited to the following provisions shall apply to the above and other sections and subsections of this Chapter to the extent that they are more restrictive and/or supplement the requirements of this Chapter.

International Building Code (IBC) 2003 or the latest edition thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.

International Residential Building Code (IRC) 2003 or the latest edition thereof: Sections R104, R105, R109, R323, Appendix AE101, Appendix E and Appendix J.

These regulations shall be utilized for subdivisions, inspections, residential and nonresidential structures, floodway increases, electric components, water systems and manufactured homes.

18.

Variances.

If compliance with the elevation or floodproofing requirements stated above would result in an exceptional hardship for a prospective builder, developer, or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of the requirement.

Requests for variances to the strict application of the provisions of this Chapter may be granted by the Zoning Hearing Board in accordance with the following procedures and criteria:

No variances shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the one-hundred-year elevation.

If granted, a variance shall involve only the least modification necessary to provide relief.

In granting any variance, the Zoning Hearing Board may attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this Chapter.

Whenever a variance is granted, the Zoning Hearing Board shall notify the applicant in writing that:

The granting of the variance may result in increased premium rates for flood insurance.

Such variance may increase the risks to life and property.

In reviewing any request for a variance, the Zoning Hearing Board shall consider, but not be limited to, the following:

That there is good and sufficient cause.

That failure to grant the variance would result in exceptional hardship to the applicant.

That the granting of the variance will not result in any unacceptable or prohibited increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on, or victimization of the public, or conflict with any other applicable local or State ordinances and regulations.