Borough of Sayre, PA Article XIV General Provisions

§ 173-88 Use regulations.

A. The following regulations shall qualify or supplement the district regulations appearing elsewhere in this chapter:

(1) Adult day-care. Where permitted, or permitted as a special exception, adult day-care facilities may be established subject to the following conditions:

(a) Lot area shall be determined on the basis of building size, yard requirements, parking and access requirements, water and wastewater requirements and other applicable standards of this chapter.

(b) A buffer yard and screen planting of no less than 10 feet in depth shall be established along rear and side lot lines in accordance with § 173-93.

(c) Off-street parking shall be provided in accordance with Article XVI herein. Off-street parking facilities shall provide a minimum of two handicapped parking spaces or 5% of the required parking spaces, whichever is greater.

(d) The facility shall be conducted and operated in compliance with all Pennsylvania Department of Public Welfare licensing/registration requirements and any other local, state or federal regulations.

(2) Agricultural uses. All agricultural uses shall be limited in the Borough to home gardening, unless otherwise allowed under the general provisions such as greenhouses and nurseries.

(3) Antennas, radio and television. Radio and television antennas, including but not limited to satellite dish antennas, may be installed, erected and maintained within all zoning districts of the Borough, as set forth in this section in accordance with the BOCA Code. All antennas shall be subject to the following:

(a) Satellite dish antennas. Satellite dish antennas shall be permitted as accessory structures in accordance with the provisions of Subsection A(3)(b)[5] herein.

(b) Other radio and television antennas. Other radio and television antennas, subject to licensing and/or regulation by the Federal Communications Commission, shall be permitted as accessory structures, provided that:

[1] Any freestanding antenna shall be located at least 15 feet from any dwelling unit or principal structure on the lot.

[2] Antennas and associated structures which do not exceed 30 feet in height shall be located at least 15 feet from any property line. Antennas which exceed 30 feet in height shall provide an additional one foot of clearance for every one foot of height in excess of 30 feet.

[3] Antennas or satellite dishes shall not be permitted in any front yard. They must comply with the BOCA Code.

[4] The antenna and associated structures shall be securely anchored in a fixed position on the ground and the applicant shall provide qualified evidence that the proposed structure will withstand wind and other forces.

[5] The antenna and its associated supports, such as guy wires, or the yard area containing the structure shall be protected and secured to guarantee the safety of the general public. Associated supports and guy wires shall not be located any closer than five feet to any property line.

[6] Whenever it is necessary to install an antenna near power lines, or where damage would be caused by its falling, a separate safety wire must be attached to the antenna mast or tower and secured in a direction away from the hazard. Antennas and guy wires must be kept at least four feet clear of telephone or electric wires.

[7] Every antenna must be adequately grounded for protection against a direct strike of lightening, with a ground wire of appropriate design. Ground wires shall be of the type approved for grounding masts and lightning arresters and shall be installed in a mechanical manner with as few bends as possible, maintaining a clearance of at least two inches from combustible materials. Lightning arresters, approved by the Underwriters' Laboratories, Inc., shall be used. Both sides of the line must be adequately protected with proper arresters to remove static charges accumulated on the line. When lead-in conductors of polyethylene ribbon-type are used, lightning arresters must be installed in each conductor. When coaxial cable or shielded twin lead is used for lead-in, suitable protection may be provided without lightning arresters by grounding the exterior metal sheath.

[8] In granting the use, the Zoning Hearing Board may attach reasonable conditions warranted to protect the public health, safety and welfare, including but not limited to fencing, screening and increased setbacks.

(4) Apartments, accessory. Where permitted, or permitted as a special exception, an accessory apartment may be created in a single-family detached dwelling existing as of the effective date of this chapter, provided that:

(a) The apartment will be a complete and separate housekeeping unit that can be isolated from the original unit.

(b) Only one apartment will be created within a single-family detached dwelling unit.

(c) The owner(s) of the residence in which the accessory unit is created shall occupy at least one of the dwelling units on the premises, except for bona fide temporary absences.

(d) The accessory apartment shall be designed so that, to the degree feasible, the appearance of the building remains that of a single-family detached dwelling. In general, any new entrances shall be located on the side or in the rear of the building, and any additions shall not increase the square footage of the original structure by more than 10%.

(e) The design and size of the apartment conforms to all applicable state and Borough standards/codes, including but not limited to Pennsylvania Department of Labor and Industry regulations.

(f) Additions or alterations carried out in the last three years prior to application that add more than the permissible 10% to the previous floor area of the existing single-family detached dwelling shall not be considered in determining whether there is adequate space to install an accessory apartment.

(g) The accessory apartment shall be no more than 30% of the structure's total floor area nor greater than 800 square feet.

(h) A minimum of 300 square feet of floor area shall be required.

(i) At least three off-street parking spaces are available for use by the owner-occupant and tenant.

(5) Apartment conversion. Where permitted, or permitted by special exception, any building existing at the effective date of this chapter may be converted to a dwelling for more than one family, provided that:

(a) The proposed conversion shall conform to the regulations for the district in which it is located. The minimum habitable floor area of such converted dwelling unit shall be provided in accordance with § 173-99 herein.

(b) There is no exterior evidence of change in the building except as required by state or local building or housing codes or regulations.[1]

[1] Editor's Note: See Ch. 55, Building Construction.

(c) Fire escapes, where required, shall be in the rear of the building and shall not be located on any wall facing a street.

(d) Off-street parking shall be provided in accordance with the provisions of Article XVI.

(e) The plans for the conversion of said building shall be submitted to the Sayre Borough Zoning Officer for review and approval.

(6) Apartments, garden. Where permitted, or permitted as a conditional use, all garden apartments shall comply with the following:

(a) There shall be not more than 12 dwelling units per building.

(b) No garden apartment building shall be in excess of two stories in height.

(c) Lot area per dwelling unit shall not be less than the area required by the applicable district regulations when served by both public water and sanitary sewers.

(d) All applicable provisions of this chapter.

(7) Boarding homes (includes rooming and lodging houses). Where permitted or permitted as a special exception, boarding homes may be established subject to the following conditions:

(a) Lot area shall be determined on the basis of building size, yard requirements, parking and access requirements, water and wastewater requirements and other applicable standards.

(b) Accommodations shall be limited to no more than five guest rooms for rent.

(c) Not more than 10 guests may be accommodated at any one time.

(d) Meals for compensation shall be provided only to boarding home guests. No cooking facilities shall be provided or permitted in the individual guest rooms.

(e) Guest rooms shall contain a minimum of 250 square feet of habitable floor area per person.

(f) Off-street parking shall be provided in accordance with Article XVI herein.

(8) Churches, schools and other public buildings. Where permitted as a special exception, these uses shall meet the following requirements:

(a) Lot coverage shall not be greater than that required within the respective district.

(b) The lot width at the front building setback line shall be based on the building size and yard requirements, but in no case shall it be less than 100 feet in width.

(c) Each lot shall have yards not less than the following depths or widths:

[1] Front yard depth: 30 feet.

[2] Side yards, two in number: width not less than 10.

[3] Rear yard depth: 25 feet.

(d) A buffer yard/screen planting of no less than 10 feet in depth shall be maintained along all property lines and shall be placed in accordance with § 173-93 contained herein.

(e) Off-street parking shall be provided in accordance with Article XVI herein.

(9) Clubs, lodges and fraternal organizations. Where permitted or permitted as a special exception, these and similar uses are restricted to those not conducted primarily for gain, although a dining room may be operated for the benefit of club members, provided that no permanent sign advertising the sale of food or beverages will be permitted. Buildings or structures hereafter converted or erected for such use are subject to all applicable regulations for the district in which the facility is to be located. A buffer yard/screen planting of no less than five feet in depth shall be maintained along all property lines abutting a residential use.

(10) Cluster subdivision/land development. Where permitted, a cluster subdivision and/or land development may be established in accordance with the following intent and regulations:

(a) Intent. The intent of the cluster-type development is to permit a procedure for development which will:

[1] Promote more economic site design.

[2] Encourage ingenuity and originality in total subdivision and individual site design.

[3] Preserve open space to serve recreational, scenic and public service purposes, and preserve environmentally sensitive resources and areas in accordance with § 173-88A(33) herein.

(b) Specifications. A cluster subdivision/land development shall meet the following minimum specifications:

[1] Single-family detached and semidetached dwellings shall be permitted. Fifty percent of all units must be single-family detached.

[2] Minimum developable tract size shall be 10 contiguous acres for development. The following shall not be considered in calculating developable tract size:

[a] Fifty percent of all lands situated in the regulatory floodplain.

[b] Fifty percent of all lands with slopes exceeding 15%.

[3] Density shall be as follows:

[a] Residential use. There shall be a maximum of two units per acre in the RT District and four units per acre in the RM and CD Districts. Density shall be based upon gross acreage (total land area) of tract.

[b] Nonresidential use. For nonresidential uses, the maximum floor area ratio shall be as follows:

Use	Floor Area Ratio
Office/service	.40
Retail	.30
Other commercial	.30
Industrial	.40
Other	.40

[4] Public water and sanitary sewer or community systems approved by the Pennsylvania Department of Environmental Resources shall be provided.

[5] Lot size shall not be reduced by more than 25% of minimum lot size for a single-family detached dwelling in the RT Residential District; 20% of minimum lot size for a semidetached dwelling in the RM Residential and Limited Commercial/Residential District. Lot size shall not be reduced by more than 20% for nonresidential uses.

[6] Yards dimensions shall be recommended by the Sayre Borough Planning Commission and approved by the Sayre Borough Council as part of the preliminary plat approval, except that each perimeter lot in a cluster development shall have a side or rear yard of not less than the required side or rear yard of the respective district. Yard setbacks for all lots fronting on public streets shall not be less than 30 feet.

[7] Buffer yards of no less than 25 feet in width shall be required along perimeter property lines where units in a proposed cluster development abut noncluster residential development. All buffer yards shall be planted in accordance with § 173-93 of this Article. Where buffers are required, a plan shall be submitted showing the location, size, species and number of plant materials to be used.

[8] Minimum spacing between structures shall be 20 feet.

[9] Separate garages and accessory buildings may be located in any rear yard, provided that they do not violate the coverage regulations herein set forth and that side yards of not less than two feet are provided. Separate garages with entrances fronting an alley or street shall be located not less than 10 feet from the alley or street.

[10] The maximum permitted impervious coverage shall be 40% and shall apply to the developable tract area total rather than to individual lots.

[11] Dwelling units shall not exceed 35 feet in height. All other buildings shall not exceed 40 feet in height.

[12] Off-street parking and access shall be provided in accordance with Article XVI herein and the Bradford County Subdivision and Land Development Ordinance, as amended.

[13] Open space areas shall be provided in accordance with § 173-88A(33) herein.

(11) Commercial greenhouses and nurseries. Where permitted, commercial greenhouses and nurseries may be established subject to the following:

(a) A minimum lot area of 20,000 square feet shall be provided in addition to the lot area required for other uses located on the same property. However, in no case shall the lot be less than the minimum lot area permitted in the district in which it is located and in no case shall the yards be less than the minimum yard requirements permitted in the district in which it is located.

(b) A buffer yard/screen planting shall be provided in accordance with § 173-6 herein.

(c) Greenhouse heating plants as or within accessory structures may be located to the side or rear of any main building, but not in the required side or rear yard, provided that the heating plant is not hazardous to others and does not create noise, dirt or heat flows of objectionable amounts or intensities.

(d) A greenhouse operated for noncommercial purposes shall be considered as an accessory structure and shall comply with all applicable district provisions.

(12) Curbs.

(a) Curbs and sidewalks shall be required for all new construction and shall be installed in accordance with the Bradford County Subdivision and Land Development Ordinance, as amended, and in accordance with the Sayre Sidewalk Ordinance[2] and, more specifically, built according to the specifications set forth in said ordinances.

[2] Editor's Note: See Ch. 141, Streets and Sidewalks, Part 3, Sidewalks and Curbs.

(b) The property owners shall install a concrete sidewalk. Said sidewalk area shall not be paved with amicite or blacktop. More specifically in the area where the driveway crosses the sidewalk area to the property, said area shall have a concrete sidewalk and shall not be covered with amicite or blacktop.

(13) Day-care centers. Where permitted, day-care centers may be established subject to the following:

(a) Operators are responsible for compliance with all Pennsylvania Department of Public Welfare licensing/registration requirements and any other local, state or federal regulations.

(b) Outdoor play area shall be limited to the rear yard and be surrounded by a safety fence or natural barrier.

(c) Outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.

(d) In a residential district, no day-care center shall be located within 500 feet of another day-care center or group day-care facility.

(e) Off-street parking shall be provided in accordance with Article XVI herein.

(14) Drive-in uses. (See § 173-88A(45), Vehicular service station and other drive-in-type uses.)

(15) Family-care facilities. Where permitted or permitted as a special exception, family-care facilities may be established subject to the following conditions:

(a) Lot area, width and yard regulations shall be in compliance with applicable district requirements for single-family detached dwellings.

(b) Off-street parking shall be provided in accordance with Article XVI herein.

(c) All other applicable provisions of this chapter.

(16) Family day-care homes/group day-care homes. Where permitted or permitted as a special exception, family day-care homes and group day-care homes may be established subject to the following conditions:

(a) Lot area shall be determined on the basis of building size, yard requirements, parking and access requirements, water and wastewater requirements and other applicable standards.

(b) A minimum of 100 square feet of usable outdoor play space and 40 square feet of usable indoor space must be provided for each child present at the facility, including resident children.

(c) Outside play shall be limited to the rear yard between the hours 8:00 a.m. and 7:00 p.m.

(d) A buffer yard of no less than 10 feet in depth shall be established along rear side lot lines in accordance with § 173-93 herein. Said buffer yard shall be provided in addition to required side and rear yards and shall not be included in determining usable outdoor play area.

(e) Operators are responsible for compliance with all Pennsylvania Department of Public Welfare licensing/registration requirements and any other local, state or federal regulations.

(f) Off-street parking shall be provided in accordance with Article XVI herein.

(17) Farm-related occupations.

(a) Where permitted, farm-related occupations shall include the following accessory uses when operated on a farm and where the farm uses continue to operate:

[1] Retail sales of products principally produced on the farm. A minimum of 50% of all products sold shall be produced on the farm.

[2] Facilities for the processing, storage and wholesale distribution of goods produced on the farm.

[3] Facilities for the service and repair of agricultural equipment and incidental sales of parts and services.

[4] Blacksmith and tool-sharpening service.

[5] Carpentry.

[6] Butchering.

[7] Clothes making.

(b) All related occupations shall comply with the following requirements:

[1] Not more than 50% of total structure floor area shall be utilized.

[2] Not more than two persons other than residents of the farm shall be employed.

[3] Signs shall be placed in accordance with Article XVII, Signs, as amended.

[4] Off-street parking shall be provided in accordance with Article XVI herein.

(18) Funeral homes. Where permitted, funeral homes may be established subject to the following conditions:

(a) The lot area shall be determined on the basis of building size, yard requirements, water and wastewater requirements, parking and access requirements and other applicable standards.

(b) Minimum front, side and rear yard setbacks shall be 25 feet.

(c) A buffer yard/screen planting of no less than 10 feet in depth shall be maintained along rear and side lot lines abutting a residential use.

(d) Off-street parking shall be provided in accordance with Article XVI herein.

(19) Group-care facilities (including halfway homes). Where permitted, or permitted as a special exception, group-care facilities may be established subject to the following:

(a) Lot area shall be determined on the basis of building size, yard requirements, parking and access requirements, water and wastewater requirements and other applicable standards.

(b) The minimum front, side and rear yard setbacks shall be no less than 25 feet.

(c) Off-street parking shall be provided in accordance with Article XVI herein.

(d) All other applicable provisions of this chapter.

(20) Group day-care homes. (See § 173-88A(16), Family day-care homes/group day-care homes.)

(21) Halfway houses. (See § 173-88A(19), Group-care facilities.)

(22) Home occupations. Where permitted, or permitted as a special exception, home occupations may be established subject to the following conditions:

(a) The "home occupation" shall be carried on completely within the dwelling unit or accessory building.

(b) Not more than one person other than the occupants of the dwelling unit(s) shall be employed.

(c) Not more than 25% of the floor area of the dwelling unit shall be devoted to a home occupation.

(d) Articles sold or offered for sale shall be limited to those produced on the premises, for food served as part of a bed-and-breakfast establishment, or for a licensed distributorship conducted by the resident.

(e) There shall be no exterior display or sign (except as permitted in the regulation of signs in this chapter), no exterior storage of materials, and no other exterior indication of the "home occupation" or variation of the residential character of the main building.

(f) No offensive noise, vibration, smoke or other particulate matter, heat, humidity, glare or other objectionable effects shall be produced.

(g) A "home occupation" may include, but is not limited to, art studios; dressmaking or millinery; barbershop; beauty parlor; teaching, music or dance instruction limited to a single pupil at a time; real estate or insurance office; the professional office of a dentist, physician, lawyer, engineer, planner, accountant or architect; bed-and-breakfast establishments; or any other activities of a similar nature.

(h) A "home occupation" shall, under no circumstances, be interpreted to include a commercial stable or a kennel.

(i) Off-street parking shall be provided in accordance with the provisions of Article XVI herein.

(j) Bed-and-breakfast establishments as a "home occupation" shall meet the following additional requirements:

[1] Sleeping accommodations shall be located only within the dwelling and shall be limited to no more than five rooms for rent, with a total size not to exceed 35%, or 1,250 square feet, of the dwelling, whichever is less.

[2] Not more than 10 adult guests may be accommodated at any one time. The length of stay per guest shall be limited to 15 days.

[3] Off-street parking shall be provided in accordance with Article XVI herein.

[4] Meals for compensation shall be provided only to guests of the bed-and-breakfast establishment.

[5] No more than one bed-and-breakfast establishment is permitted per lot.

(23) Indoor amusement facilities. Where permitted, or permitted as a special exception, indoor amusement facilities may be established in accordance with the following provisions:

(a) Indoor amusement facilities shall be located at least 1,000 feet from school buildings and school playgrounds.

(b) The facility, if accessory to a principal use, shall be located in a separate room, separated from other uses on the premises and from pedestrian circulation to and from such other uses.

(c) Readily visible signs shall be installed, with their location, size and text shown in plans submitted to the Planning Commission, stating that the use of machines by persons under 16 years of age shall be prohibited during normal school hours and, where the consumption of alcohol is permitted, that the use of such amusements by persons under the age of 21 is prohibited at all times.

(d) Off-street parking shall be provided in accordance with Article XVI herein.

(24) Junkyards (salvage yards). Where permitted as a special exception, junkyards may be established in accordance with the following provisions:

(a) Junk/salvage shall be stored in piles not exceeding eight feet in height and shall be arranged so as to permit easy access for fire-fighting purposes.

(b) All operations shall be screened from all rights-of-way and adjoining properties by a buffer yard and screen planting of no less than 20 feet in depth established along the perimeter lot line in accordance with applicable district regulations and § 173-93 herein.

(c) No open burning shall be permitted.

(d) Operations shall be conducted in compliance with the performance standards of § 173-89 and other applicable standards established herein.

(e) All junkyards shall meet the licensing and screening requirements of Pennsylvania Act 4 of Special Session Number 3 of 1966,[3] prohibiting junk from being located within 1,000 feet from the right-of-way of any interstates or primary roads (roads conveying traffic from one municipality to another). All other yards shall be provided in accordance with the regulations of the district in which the facility is located.

[3] Editor's Note: See 36 P.S. § 2719.4.

(f) All junkyards shall be licensed by the Commonwealth of Pennsylvania.

(25) Kennels. Where permitted, an animal kennel may be established in accordance with the following provisions:

(a) All kennels shall be licensed by the Commonwealth of Pennsylvania.

(b) All buildings in which animals are housed and all runs shall be located at least 200 feet from all lot lines. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot line.

(c) Outdoor runs may be provided if screening is provided in accordance with § 173-93 herein. No animal shall be permitted to use the outdoor runs from 8:00 p.m. to 8:00 a.m.

(26) Medical centers. Where permitted, a building for use as a medical center may be erected and used provided that:

(a) The building shall be occupied and used only by persons licensed to practice the healing arts in the Commonwealth of Pennsylvania and their staffs.

(b) The lot area shall be determined on the basis of building size, yard requirements, parking and access requirements, water and wastewater requirements and other applicable standards.

(c) The minimum front, side and rear yard setbacks shall be no less than 25 feet.

(d) Lot width shall be determined by the size of the building and setbacks.

(e) A buffer yard/screen planting shall be provided in accordance with § 173-93 herein.

(f) Off-street parking shall be provided in accordance with Article XVI herein.

(27) Mixed uses. When two or more principal uses occupy the same lot but not the same building, all parking, lot area, lot width, building setbacks, height and building area requirements shall be provided so that the requirements pertaining to each use will be met in full.

(28) Manufactured/mobile home parks. Where permitted, manufactured/mobile home parks shall be subject to the following provisions:

(a) A manufactured/mobile home park shall be developed and approved in accordance with regulations as set forth in the Bradford County Subdivision and Land Development Ordinance as amended.

(b) Minimum tract size shall be not less than five acres.

(c) Manufactured/mobile home lots shall be not less than 65 feet wide, measured at the minimum required setback line, nor less than 7,200 square feet in area per manufactured/mobile home unit, exclusive of streets and other public areas.

(d) Minimum building setback line from the cartway line of a private street shall be 20 feet.

(e) The minimum spacing between manufactured/mobile home units, including attached accessory structures, shall be no less than 20 feet. On a corner lot, the side yard abutting the street shall have a width equal to the depth of the front yard required and shall be subject to all front-yard requirements of this chapter.

(f) The minimum rear yard for each lot shall be 10 feet.

(g) Detached accessory structures shall be located on the lot no closer than five feet to a manufactured/mobile home and shall comply with the required front, side and rear setback lines.

(h) Manufactured/mobile home units shall not be located closer than 25 feet from the park/subdivision property lines to the sides and rear not adjacent to a street. Units adjacent to public streets shall not be located closer than 35 feet to the right-of-way line and shall contain a buffer yard in accordance with § 173-93 herein.

(i) Lots shall be served by both community or public water supply and sanitary sewerage collection systems.

(j) Off-street parking and loading spaces shall be provided in accordance with Article XVI herein.

(k) Not less than 10% of the total land area shall be provided for usable open space. Such space shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located and easily accessible to all park residents. Open space areas shall be developed and maintained in accordance with § 173-88A(33) herein.

(l) Such open space shall be maintained with a durable vegetative cover that is capable of preventing soil erosion and the emanation of dust during dry weather.

(29) Motels/hotels. Where permitted, motels/hotels shall be subject to the following:

(a) Off-street parking and loading spaces shall be provided for the motel/hotel, in addition to other accessory facilities developed as part of the motel/hotel premises, in accordance with Article XVI herein.

(b) Every unit shall be provided with complete bathroom facilities.

(c) The minimum front, side and rear yard setbacks shall be no less than 25 feet.

(d) Interior yards between structures shall be provided in accordance with § 173-92 herein.

(30) Municipal uses. In any district, a building may be erected, altered or extended and land may be developed which is arranged, intended or designed for municipal uses, including municipal recreation uses, in accordance with applicable district provisions.

(31) Municipal waste landfills. Where permitted as a special exception, a municipal waste landfill may be established in accordance with the following provisions:

(a) Municipal waste landfills shall be constructed, licensed and operated in accordance with the Bradford County Solid Waste Plan and all applicable commonwealth laws and regulations.

(b) Operations shall be conducted in compliance with performance standards of § 173-89 and other applicable standards established herein.

(c) All activities shall be buffered and screened from adjoining properties and public rights-of-way in accordance with § 173-93 herein.

(32) Nursing homes. Where permitted, or permitted as a special exception, a building for such use may be erected and used subject to the following:

(a) The facility shall be constructed and operated in accordance with applicable commonwealth laws and regulations.

(b) The minimum lot area and lot width shall be determined by building size, yards and off-street parking requirements, and water and wastewater requirements, but in case shall the lot area be less than 10,000 square feet plus 500 square feet for each patient over eight in number.

(c) The minimum front, side and rear yard setbacks shall be no less than 25 feet.

(33) Open space requirements.

(a) Where required, open space areas shall be developed to complement and enhance the man-made environment. In the selection of the location of such area, consideration shall be given to the preservation of natural and man-made features which will enhance the attractiveness and value of the remainder of the property to be subdivided or developed, including floodplains, streams and ponds, slopes equal to or greater than 15%, natural permanent vegetation, historical amenities and other community assets.

(b) The area shall be so located and designed that it is easily accessible to all residents, including handicapped. Safe and easy access to common open space areas shall be provided either by adjoining road frontage, easements and/or paths.

(c) Whenever possible, common open space areas shall be designed as a continuous system of usable area, which are interspersed among groupings of residential buildings; provided, however, that in those instances in which the total minimum required open space is less than two acres in size, such areas shall be located in one parcel.

(d) Such areas specifically designed for open space shall be fully usable and suitable for that purpose and shall be set aside by deed restriction.

(e) Access ways to the site shall be of a sufficient width so that maintenance equipment shall have reasonable convenient access to such areas. In all instances, such open space areas shall be maintained in a careful and prudent manner.

(f) The Borough may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the Borough need not require, as a condition of the approval of a development, that land proposed to be set aside for common open space be dedicated or made available to public use.

(g) The landowner shall provide for and establish an organization for the ownership and maintenance of the common open space and such organization shall not be dissolved nor shall it dispose of the common open space by sale or otherwise (except to an organization conceived and established to own and maintain the common open space) without first offering to dedicate same to the public.

(h) In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Borough may serve written notice upon such organization and upon the residents of the development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition. The notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof. The notice shall also state the date and place of a hearing thereon, which shall be held within 14 days of the notice. At such hearing the Borough may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modification thereof are not corrected within 30 days or any extension thereof, the Borough, in order to preserve the taxable values of the property within the development and to prevent the common open space from becoming a public nuisance, may enter upon the common open space and maintain the same for a period of one year. Such maintenance by the Borough shall not constitute a taking of the common open space, nor vest in the public any rights to use the same. Before expiration of the year, the Borough shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents of the development, to be held by Sayre Borough Council or Planning Commission, at which hearing such organization or the residents of the development shall show cause why such maintenance by the Borough shall not, at the option of the Borough, continue for a succeeding year. If the Sayre Borough Council or Planning Commission determines that such organization is not ready and able to maintain the common open space in a reasonable condition, the Borough may, at its discretion, continue to maintain the common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the Sayre Borough Council or Planning Commission shall be subject to appeal to the court in the same manner, and within the same time limitation, as provided for by this chapter.

(i) The cost of such maintenance by the Borough shall be assessed ratably against the properties within the development that have a right of enjoyment of the common open space, and shall become a lien on such properties. The Borough, at the time of entering upon the common open space for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary of the Court of Common Pleas of Bradford County, Pennsylvania, upon the properties affected by the lien within the development.

(34) Personal care boarding homes. Where permitted as a special exception, personal care boarding homes may be established in accordance with the following provisions:

(a) The facility shall be constructed, licensed and operated in accordance with applicable commonwealth laws and regulations.

(b) Lot area shall be determined on the basis of building size, yard requirements, parking and access requirements and other applicable standards.

(c) No more than two persons at a time shall reside in any room designated for overnight visits.

(d) The minimum front, side and rear yard setbacks shall be not less than 25 feet.

(e) A buffer yard of no less than 10 feet in width shall be established along rear and side yards abutting residential uses.

(f) Off-street parking shall be provided in accordance with Article XVI herein.

(35) Prohibited uses:

(a) Dwellings in the General Manufacturing District other than that provided for within the General Manufacturing District.

(b) Primary living and sleeping quarters of dwelling units shall not be permitted in cellars.

(c) The following uses are prohibited in all districts throughout the Borough:

[1] The incineration, reduction or storage of garbage, offal, animals, fish or refuse, unless by the authority of or under the supervision of the Borough.

[2] The stripping of topsoil for sale, exclusive of the process of grading a lot preparatory to the construction of a building for which a building permit has been issued.

(d) The keeping of any animals customarily kept on farms, such as, but not limited to, horses, pigs, cows, chickens, ducks, sheep, goats, geese, turkeys and donkeys, whether kept for animal husbandry or pets.

[Added 12-9-1996 by Ord. No. 738]

(36) Public utility facilities. Public utility facilities shall be permitted in any district without regard to the use and area regulations; provided, however, that buildings or structures erected for these utilities shall be subject to the following regulations:

(a) Front yards shall be provided in accordance with the regulations of the district in which the facility is located. Side and rear yards shall be a minimum of 10 feet.

(b) Height restrictions shall be required by the district regulations.

(c) Unhoused equipment shall be enclosed within a chain link fence six feet in height topped with barbed wire.

(d) When equipment is totally enclosed within a building, no fence or screen planting shall be required, and the yards shall be maintained in accordance with the district in which the facility is located.

(e) The external design of the building shall be in conformity with the buildings in the district.

(37) Resource recovery facilities. Where permitted, or permitted as a special exception, resource recovery facilities shall be subject to the following safeguards and regulations:

(a) All facilities shall be operated and licensed in accordance with Pennsylvania Department of Environmental Resources rules and regulations.

(b) All operations shall be screened from all rights-of-way and adjoining properties by a buffer yard and screen planting of no less than 10 feet in depth established along lot lines in accordance with § 173-93 herein.

(c) The site shall be maintained free of litter and other undesirable materials and cleaned of loose debris daily.

(d) Outside storage of materials shall be in sturdy containers or enclosures which are covered, secured and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Outside storage, excluding truck trailers, shall not be visible above the height of the screen planting.

(e) Front, side and rear yards shall be provided in accordance with the regulations of the district in which the facility is located.

(f) Off-street loading spaces or berths shall be provided on site for three vehicles or the anticipated peak customer load, whichever is greater, to circulate and to deposit recyclable materials, except where the Zoning Hearing Board determines that allowing less loading facilities is compatible with surrounding lots and public safety. All loading spaces and berths shall be designated in accordance with Article XVI herein.

(g) Power-driven processing, including aluminum foil and can compacting, bailing, plastic shredding or other light processing activities necessary for efficient temporary storage and shipment of material may be permitted in accordance with the performance standards of § 173-89 and other applicable standards established herein.

(h) Containers provided for after-hours donations of recyclable materials shall be located at least 50 feet from any property zoned, occupied or planned for residential use; be of sturdy, rustproof construction; have sufficient capacity to accommodate materials collected; be secure from unauthorized entry or removal of materials; and be clearly marked to identify the type of materials that may be deposited within them.

(38) Solid waste storage facilities. All multifamily, commercial and manufacturing/industrial buildings or uses shall include adequate facilities on site for the proper storage of solid wastes in accordance with the provisions of the Borough/county refuse collection regulations and as hereinafter provided that:

(a) Storage areas shall have hardened, stabilized surfaces with outdoor areas constructed to prevent accumulation of stormwater runoff.

(b) Storage areas shall be located such that collection vehicles will not obstruct the public street or otherwise violate Borough regulations while parked for collection of refuse and shall be provided with accessways facilitating ready deposit and collection of refuse.

(c) Storage areas shall be of sufficient size to accommodate the container capacity required to store the refuse accumulation between collections but shall not be less than 4 x 8 feet in size or of other dimensions providing an approved equal space.

(39) Steep slope provisions. In all districts, development or earth-moving activities occurring on tracts of 8% or greater slope shall be required to meet the following additional standards, as approved by the Borough Council:

(a) A map showing slope intervals of 8% to 15%, 15% to 25% and over 25% shall be submitted.

(b) Slopes exceeding:

[1] Eight percent to 15%: no more than 40% of such tracts shall be altered, regraded, cleared or built upon.

[2] Sixteen percent to 25%: no more than 30% of such tracts shall be altered, regraded, cleared or built upon.

[3] Over 25%: No more than 15% of such tracts shall be altered, regraded, cleared or built upon.

(c) Calculating average slope:

The following formula shall be used in conjunction with a contour map to determine the average slope of a tract:
s =	.0023 x I x L
	A
S =	Average slope of subject parcel.
.0023 =	Conversion factor of square feet to acres.
I =	Contour interval (distance between contour lines on the map).
L =	Total length of the contour lines within the subject parcel.
A =	Area, in acres, of subject parcel [excluding areas with slopes greater than (25%)].

(40) Swimming pools. Swimming pools shall be permitted as an accessory use in any district and shall comply with the following conditions and requirements:

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

(b) It may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than five feet to any property line, nor shall it be nearer to any street line upon which the residence abuts than the existing setback line of the residence. In no case shall it be any closer than 20 feet to any street line.

(c) All permanent swimming pools now existing or hereafter constructed, installed, established or maintained shall be enclosed by a permanent fence of durable material at least four feet but not more than six feet in height, with the exception of atrium houses, and shall be so constructed as not to have openings, mesh or gaps larger than four square inches in any direction. If a picket fence is erected or maintained, the horizontal dimension shall not exceed four inches. All gates used in conjunction with the fence shall meet the same specifications as to the fence itself and shall be equipped with approved locking devices and shall be locked at all times when the swimming pool is not in use.

(d) A dwelling unit, excluding atrium dwellings, or an accessory building may be used as part of such enclosure. However, height requirements for a fence shall not apply to the building.

(e) The provisions regulating fencing shall not apply to pools having sides extending four feet above grade, provided that the stairs or other means of access to the pool are removed or locked in such a position as to make it readily unaccessible when not in use.

(f) All materials used in the construction of pools shall be waterproof and so designed and constructed as to facilitate emptying and cleaning and shall be maintained and operating in such a manner as to be clean and sanitary at all times.

(g) Water may not be discharged from a swimming pool unless discharged so as not to flow onto adjacent properties or rights-of-way.

(h) Enclosed indoor pools must comply with applicable regulations pertaining to accessory structures.

(i) Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties so that no beam of light, only diffused or reflected light, enters adjoining properties.

(j) The swimming pool shall comply with the BOCA Code requirements, as amended.[4]

[4] Editor's Note: See also Ch. 145, Swimming Pools.

(41) Townhouses. Where permitted, all townhouses shall comply with the following:

(a) No more than six units shall be attached.

(b) All other applicable provisions of this chapter.

(42) Truck freight terminals. Where permitted, truck freight terminals shall comply with the following additional provisions:

(a) No terminal or part thereof shall be located within 200 feet of a wetland or within 300 feet of a residential use or district.

(b) Access to a public street shall be provided by a public industrial service road or a major collector. No direct point of access shall be provided from an arterial road and/or Route 220 or Route 17. Point of access shall be designed in accordance with the Bradford County Subdivision and Land Development Ordinance.

(c) The layout of improvements must be such so as to provide for convenient forward movement of vehicles leaving and entering the site.

(d) A minimum area of 1,320 square feet of surface, not including maneuvering area, shall be provided per loading berth.

(e) Buffer yard/screen plantings shall be required in accordance with § 173-93 herein.

(f) All parking, loading, maneuvering and storage areas shall be paved and site drainage provided in accordance with design and improvement standards of the Bradford County Subdivision and Land Development Ordinance.

(43) Uses not provided for.

(a) Uses of the same general character as the uses permitted by right or special exception in the district shall be allowed if determined by the Zoning Hearing Board that the impact of the use on the environment and adjacent streets and properties is equal to or less than any use specifically listed in the district.

(b) Such use shall comply with all applicable area and bulk regulations and other applicable standards for comparable uses specifically listed in the district.

(44) Vehicular body shop. Where permitted, or permitted as a special exception, vehicular body shops may be established in accordance with the following:

(a) All repair and paint work shall be performed within an enclosed building.

(b) Buffer yard/screen plantings shall be provided in accordance with § 173-93 herein.

(c) Vehicles being stored for future repair may remain on the lot no longer than 60 days from the date of arrival.

(45) Vehicular service stations and other drive-in-type uses. Such uses, where permitted, or permitted by special exception, shall comply with the following:

(a) No equipment above ground for the service of motor vehicles shall be closer than 25 feet to any side or rear property line.

(b) Canopies shall be located no less than 10 feet from the right-of-way line.

(c) Fuel pumps shall be located at least 25 feet from any right-of-way or 50 feet from the street center line, whichever is greater.

(d) Vehicles being stored for future repair may remain on the lot no longer than 60 days from the date of arrival.

(e) The width of any entrance driveway leading from the public street to such service station or other drive-in use shall not exceed 30 feet at its intersection with the curbline or edge of pavement.

(f) No two driveways leading from a public street to such service or other drive-in use shall be within 15 feet of each other at their intersection with the curb or street line.

(g) Parking and vehicle access shall be so arranged that there will be no need for the motorists to back over sidewalks or into streets.

§ 173-89 Performance standards.

A. Vibration. Vibrations detectable without instruments on neighboring properties in any district shall be prohibited, with the exception of temporary vibrations associated with new construction.

B. Air pollution. No pollution of air by fly ash, dust, vapors or other substance shall be permitted harmful to health, animals, vegetation or other property or can cause soiling of property.

C. Fire and explosives protection. Fire protection and fire-fighting equipment, acceptable to the Board of Fire Underwriters, shall be readily available for any activity involving the handling or storage of flammable or explosive materials.

D. Lighting.

[Amended 7-23-2015 by Ord. No. 915; 6-23-2021 by Ord. No. 967]

(1) All lighting shall be aimed, located, designed, fitted and maintained so as not to represent a hazard to drivers or pedestrians by vehicles utilizing the property, impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.

(2) Glare and heat. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted. There shall be no emission or transmission of heat or heated air that is discernible at the lot line.

(3) Downtown Commercial District. All signs mounted on buildings within the Downtown Commercial District shall be illuminated by external lighting only. Requirements in the subsections above apply.

E. Nonradioactive liquid or solid wastes. There shall be no discharge at any point into any public or private sewage disposal system or stream, or into the ground of any liquid or solid materials except in accordance with the laws and regulations of the United States, Commonwealth of Pennsylvania, Bradford County and Borough of Sayre.

F. Radioactivity or electrical disturbances. No activity shall emit radioactivity at any point or cause electrical disturbance adversely affecting the operation of radio or other equipment in the vicinity.

G. Noise. Noise which is determined to be objectionable due to volume, frequency or heat shall be muffled or otherwise controlled, with the exception of fire sirens and related apparatus used solely for public purposes. Noise in excess of 90 decibels, as measured on a decibel or sound level meter of standard quality and design operated on the A-weighted scale at a distance of 25 feet from any property line of the property from which the noise source is located, shall not be permitted.

H. Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property, with the exception of such odors associated with common farming practices.

I. Smoke. The maximum amount of smoke emission permitted shall be determined by the use of the Standard Ringlemann Chart issued by the United States Bureau of Mines. No smoke of a shade darker than No. 2 shall be permitted.

J. Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties. Erosion and sedimentation control plans shall be submitted and approved in accordance with provisions set forth within the Bradford County Subdivision and Land Development Ordinance.

K. Water pollution. Water pollution shall be subject to the standards established by the Pennsylvania Department of Environmental Resources.

§ 173-90 Height regulations.

A. Unless otherwise provided, the height of a building may exceed the maximum permitted height by one foot for each additional foot by which the width of front, rear and side yards exceeds the minimum yard regulation for the district in which the building is located. Total height shall not exceed the maximum permitted height by more than 15%.

B. For all residential uses, accessory buildings shall not exceed 35 feet in height.

C. Height regulations shall not apply to spires, belfries, cupolas or domes not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, utility poles or towers, solar collectors and ornamental or necessary appurtenances.

§ 173-91 Area regulations.

A. On a lot held in single and separate ownership from adjacent land, which does not fulfill the regulations for the minimum area dimensions for the district in which it is located, a building may be erected, altered and used thereon provided that the side yard space is not less than the minimum specified in § 173-92C herein, and further that the proposed water and wastewater systems are approved by the Borough Sewage Enforcement Officer and/or Pennsylvania Department of Environmental Resources as appropriate.

B. The area, width and depth of lots shall provide adequate open space for off-street loading, unloading and/or parking space.

§ 173-92 Yard regulations.

A. Where the street or streets upon which the lot abuts are less than 80 feet in width, the front yard depth and the width of the side yard abutting the street shall be measured from a line parallel to 25 feet from the center line of the street.

B. Front yards.

(1) An accessory building shall not be erected or substantially altered within any front yard.

(2) Parking shall not be permitted in front yards in residential districts except on driveways.

(3) Where buildings exist in the same block on either side, the setback line of the building to be constructed shall be at least the average of buildings constructed within the same block. In measuring to determine said building line, open porches shall not be construed as part of the building.

C. Side yards.

(1) On corner lots, the side yard abutting the street shall have a width equal to the depth of the front yard required in the district and shall be subject to all front yard requirements of this chapter.

(2) On a lot in a residential district held in single and separate ownership from adjacent land, at the effective date of this chapter, with a lot width less than required for the Zoning District, only one single-family detached dwelling may be erected, and side yards shall be provided in accordance with the following requirements:

(a) On interior lots with a width of 80 feet or more, two side yards shall be provided as required by the district regulations.

(b) On corner lots with a width of 80 feet or more, two side yards shall be provided. The exterior side yard may be reduced by the number of feet by which the lot width is less than the district requires, but may not be reduced to less than that required for the interior side yard. The interior side yard shall be provided as required by the district regulations.

(c) On lots less than 80 feet but not less than 50 feet in width, two side yards shall be provided, each equaling 20% of the lot width.

(3) On a lot, in a commercial or industrial district, held in single and separate ownership from adjacent land at the effective date of this chapter, with a lot width less than that required for the zoning district, the required side yards shall be determined by the Zoning Hearing Board, upon application for a variance based on the same criteria as listed under Subsection C(2) above for residential structures.

(4) Any accessory building may be erected within one of the side yards or within the rear yard, provided that:

(a) Buildings and/or structures accessory to a residential use shall be located within the side or rear yard of the principal building or structure no less than five feet to any rear or side lot line. Where such side or rear yard is along an alley, the accessory building shall be located not less than five feet from the alley. Private garages with entrances fronting an alley shall be located no closer than 10 feet to the alley.

(b) On a corner lot in any Residential District, an accessory building shall not be erected within the minimum building setback line of the exterior side lot line (street line); provided, however, that when the main buildings exist on both the corner lot and the lot abutting the rear of the corner lot, an accessory building may be erected at the average distance from the street line, established by the existing main buildings.

(c) Buildings and/or structures accessory to a nonresidential use shall not be located within the required front yard and shall be located no closer than 15 feet to any lot line.

(d) No side yard setback shall be required where two garages are designed to abut in semidetached dwellings.

(5) A carport, open on at least three sides, may be erected within one of the side yards when attached to a main building existing at the effective date of this chapter, provided that the carport shall be not less than three feet from the side lot line.

D. Interior yards (open space between structures).

(1) When front to front, rear to rear or front to rear, parallel structures shall have 50 feet between faces for one story in height, plus five feet for each additional story. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end if increased by similar or greater distances at the other end. Where service drives, bank grade changes or collector walks are introduced in this space, the distance between structures shall be at least 50 feet.

(2) End to end, there shall be a distance of 25 feet between structures for a one-story structure, plus five additional feet for each story in excess of one.

(3) End to front, or end to rear, there shall be a distance of 30 feet between structures for each one story structure plus five feet additional for each story in excess of one.

(4) When adjacent structures differ in the number of stories, the required distance between structures shall be calculated on the taller of the structures.

§ 173-93 Buffer yards and screen plantings.

A. Buffer yards.

(1) Unless otherwise provided, where a commercial or industrial use adjoins a residential district and where a multifamily use adjoins a single-family residential use, a buffer yard of not less than 15 feet in width shall be provided along the lot lines, in addition to the yard required for the district in which it is located.

(2) If a front yard is provided, the buffer yard may coincide with the front yard.

(3) All buffer yard areas shall be planted and maintained with a vegetative material, and where required for multifamily, commercial and industrial uses, a screen planting shall be planted and maintained to the full length of side and rear lot lines which do not abut streets.

(4) Buffer yards shall be maintained and kept free of all debris and rubbish.

(5) No structure, manufacturing or processing activity or storage of materials shall be permitted in buffer yards. However, access roads, service drives, and utility easements not more than 35 feet in width are permitted to cross a buffer yard, provided that the angle of the center line of the road, drive or easement crosses the buffer yard at an angle not less than 60°.

(6) No parking shall be permitted in buffer yards.

(7) Prior to the issuance of a building permit, plans for buffer yards shall be submitted for review and approval to the Zoning Officer. Said plans shall show the arrangements of all of the buffer yards and the placement, species and size of all plant materials to be placed in such buffer yard. Said plan must be reviewed by the Planning Commission and approved by the Zoning Officer before a building permit may be issued.

B. Screen plantings. Where required, screen plantings shall be located in the exterior portion of the required buffer yards and shall be in accordance with the following requirements:

(1) Plant materials used in screen planting shall be at least six feet in height when planted and shall be of suitable vegetation in order to produce, within three years, a complete year-round visual screen of at least six feet in height and within 15 feet of the property line.

(2) The screen planting shall be maintained permanently, and any plant material which does not live shall be replaced within one year.

(3) The screen planting shall be so placed that at maturity it will be not closer than three feet to any ultimate right-of-way or property line.

(4) A clear-sight triangle shall be maintained at all street intersections and at all points where vehicular access ways intersect public streets. The clear-sight triangle shall have no structures or planting more than 30 inches in height and shall conform to § 173-95.

(5) The screen planting shall be broken only at points of vehicular or pedestrian access.

(6) Trees that shall not be used in planting of buffer yards are:

(a) Poplars, all varieties.

(b) Willows, all varieties.

(c) White or Silver Maple (Acer Saccharinum).

(d) Aspen, all varieties.

(e) Common Black Locust.

(7) Wherever possible, natural vegetation shall be maintained as the required screening material. Natural earth berming of at least six feet in height may be included as part of the screening requirement.

(8) Screen plantings shall be provided between the property line and any off-street parking area and any outdoor solid waste storage area for any multifamily, townhouse, commercial or manufacturing use where the parking or solid waste disposal area abuts a residential zoning district or a lot occupied by a residential use.

(9) Any existing multifamily, commercial or industrial use shall not be required to comply with the screening requirements except in case of enlargement or exterior alteration of same.

§ 173-94 Projections in yards.

Solar collectors, flag poles, unenclosed ground-story terraces, decks, patios and porches may project into any required yard not more than 1/2 its required dimension and not more than 10 feet into any required setback. Chimneys, flues, columns, sills and ornamental architectural features may project not more than two feet into a required setback.

§ 173-95 Obstruction to vision.

A. Walls, fences, signs or other structures shall not be erected or altered, and hedges, trees or other growth shall not be planted or maintained, which may cause danger to traffic on a street or road by obstructing the view, except for utility poles and street signs.

B. A clear-sight triangle of 30 feet, measured along the street lines of intersecting streets, shall be maintained, within which such structures or plantings shall be limited to a height of not more than 30 inches or less than 10 feet above the street grade, except the trunks of street trees or other ornamental trees whose foliage is kept trimmed to a height of 10 feet above the street grade.

§ 173-96 Fences and walls.

A. Fences and walls may be erected, altered and maintained within the yards, excluding required buffer yards, provided that any such fence or wall in the front yard shall not exceed four feet in height, and any fence or wall in the side or rear yard may be a maximum of six feet in height in residential districts. Furthermore, any fence or wall exceeding six feet in height shall contain openings therein equal to 50% of the area of that portion of the wall or fence exceeding six feet.

B. All yards used for the storage of any material needed for the operation or conduct of a manufacturing or commercial enterprise shall be enclosed by a solid wall, uniformly painted board fence or chain-link fence in conjunction with a screen planting or a screen planting on all sides which face upon a street or face upon a lot in any district other than the general manufacturing district.

§ 173-97 Space regulations.

No yard or other space provided about any building or structure for the purpose of complying with this chapter shall be considered as a yard or other open space for another building or structure.

§ 173-98 Courts.

Courts shall conform to the following requirements:

A. An open space in the form of an inner court or outer court shall be provided in connection with any building in any district wherever any room therein in which a person or persons live, work, sleep or congregate cannot be adequately lighted and ventilated from the street or yard. Such court shall be adjacent to such room, the windows of which shall open onto such court. This provision shall not apply to specialized commercial and/or manufacturing processes where controlled light and/or ventilation are required.

B. Outer court.

(1) The width of any outer court upon which windows open from a living room, bedroom or dining room shall be not less than the height of any wall opposite such windows. However, when the depth of such court is less than six feet, the minimum width shall be twice the depth.

(2) The depth of an outer court formed by walls on three sides shall be not greater than 1 1/2 times the width.

C. Inner court.

(1) The least dimension of an inner court shall be not less than the full height of the walls enclosing such court, but not less than 50 feet for apartment buildings and not less than 10 feet for two-family dwellings.

(2) An open and unobstructed passageway shall be provided for each inner court. Such passageway shall have sufficient cross-section area and headroom for the passage of fire-fighting equipment and shall be continuous from the inner court to a yard or an unobstructed open area with adequate access to a street.

§ 173-99 Habitable floor area.

A. The minimum habitable floor area of a dwelling unit hereafter established, with the exception of manufactured/mobile homes constructed in accordance with the Federal Manufactured Home Construction and Safety Standards, effective June 15, 1976, shall be as follows:

Dwelling Unit	Minimum Habitable Floor Area (square feet)
Rooming unit (designed for 1 person)	250
Efficiency unit	500
One-bedroom	600
Two-bedroom	750
Three-bedroom	900
Four-bedroom	1,050
Five or more bedrooms	An additional 150 square feet per bedroom

B. The minimum habitable floor area for units within hotels, motels or other commercial lodging establishments for transients shall be 200 square feet for each room used for sleeping purposes, unless otherwise specified herein.

§ 173-100 Control of traffic and protection of public safety.

The application for a permit for any and all uses shall be accompanied by a site plan showing building location, service and parking areas and access to highways. Where a driveway or access road gives access to a state road or highway, approval by the Pennsylvania Department of Transportation shall be required.

§ 173-101 Reduction of lot dimensions.

The area, width or depth of any lot shall not be reduced by subdivision, sale or development so that the lot width, lot area, lot area per dwelling unit, courts and yards or other spaces are smaller, or so that the coverage is greater than prescribed herein.

§ 173-102 Facades - Downtown Commercial (CD) District.

[Amended 1-23-2014 by Ord. No. 904]

Any remodeling of the exterior of commercial buildings in the Downtown Commercial District shall be done in conformance with the standards adopted by the Sayre Borough Council, which standards shall be incorporated by reference in this chapter.

A. Purpose.

(1) Historically, most retail storefront facades incorporate certain traditional elements which over decades have served both an aesthetic and functional purpose. The most successful storefront designs are those which properly utilize and work within those elements, rather than defeat them. A good storefront will attract attention, provide effective display space, allow natural light into the retail space, and contribute to the overall appearance of the downtown. A well designed facade will both work within the aesthetic unity of the building, and still reflect the individual character and personality of the business. The overall purpose of these guidelines is to preserve the traditional character of downtown Sayre, while respecting the variety of traditional architectural styles represented there, including but not limited to Victorian and Art Deco styles.

(2) The facade renovations proposed follow a simple set of requirement which will also provide the basic guidelines for storefront facade renovations throughout the zoned Downtown Commercial Sayre District:

(a) Where the original historic facade remains largely intact, it should be repaired and restored, replacing only the missing features;

(b) Where original historic elements have been covered by later, modern installations, the original facade should be uncovered and restored, if possible.

(c) Where the original facade elements have been completely removed, or are beyond repair, the new storefront facade should be designed as much as possible to complement and blend with surrounding facade designs.

(d) A facade design should employ a limited palette of complimentary colors, which if possible do not clash with the schemes of adjacent buildings. Extremely bold color schemes should be avoided.

B. Elements of the storefront facade. Most storefront facades constructed from the mid-19th through the early 20th century shared certain typical components which worked both stylistically and functionally. These would generally include:

(1) The structural frame. In the overall building design, each individual storefront is generally inserted within an encompassing frame, which provides the common structural and design element linking together each storefront facade. The frame includes dividing piers, columns or pilasters, the sign band, and a storefront cornice or parapet. These elements could be constructed of brick, stone, precast concrete, metal, wood, granite, or tile.

(2) The storefront. The storefront itself is inserted within the structural frame. The storefront includes a base panel, which could be brick, metal, wood panel, granite, tile, or structural glass, depending upon the style and period. Above the base panels are the display windows. The entryway was generally recessed, which provided an area for the entry door to swing without interfering with the sidewalk, and also provided a small amount of lateral display area visible to pedestrians in advance of the front display windows. Above the entryway, but below the signband, there would often be a space of sufficient height to provide an area for an awning. Retractable awnings were a typical feature of the traditional storefront.

C. Inventory. The first step in planning facade improvements is the careful identification and inventory of the overall style and the individual components of the original storefront which have survived, whether visible or covered by later facade alterations. Those historical elements should be utilized and restored, if feasible.

(1) Design guidelines. In the discussion below, the applicable design principals for each component of a facade will be reviewed in detail. While not every building will include each possible component, overall the guidelines provide a basis for designing the restoration or reconstruction of virtually every storefront.

(2) The basic frame. The basic structural frame of a facade provides the important visual basis for separating and distinguishing individual storefronts. It will usually include vertical piers, columns or pilasters, which often provide critical structural support as well as the aesthetic function, and a cornice or parapet.

(a) The frame elements should remain visible and not be obscured by other facade elements, such as signage, awnings, or other additions.

(b) The frame elements should be consistent throughout, although individual components of the frame may be of different materials. For example, the columns may be of brick, while the parapet could be of wood or masonry.

(c) A facade should be designed to emphasize the frame's vertical elements, to highlight the identity of individual stores. Horizontal emphasis, which obscures the divisions among storefronts, should be avoided.

(3) The parapet or cornice. Most storefront facades include a prominent architectural element, which boldly defines the top of the storefront, and clearly separates the first floor businesses from upper stories. One-story buildings tend to have parapet walls, which generally extend well above the roofline.

(a) In a multistory building, some type of cornice or other substantial architectural element would have been employed to set off the storefront from the upper floor facade.

(b) The existing cast concrete parapets are an important historical feature, and should be preserved, if feasible.

(c) Cast concrete parapets can be cleaned and restored with the natural color, or sealed and stained with a palette of compatible colors.

(4) The signband. In most traditional storefronts, there is a signband located below the cornice or parapet.

(a) Each principal business sign should fit within the applicable signband, if one exists, and not protrude over or cover the basic frame elements.

(b) If possible, individual signs should be of similar construction, design, and color.

(c) All signs must meet the requirements in the Borough Code.

(5) Awnings. The use of awnings as a storefront device was virtually universal in the 19th century. Awnings shade the sidewalk and window display area, provide shelter from rain, and protect the interior of the business from the glare of direct sunlight when the sun is near the horizon.

(a) If possible, awnings should be located in the area between the signband or cornice and the top of the entryway door. Awnings should not cover elements of the building frame or other significant architectural features.

(b) Awnings should be of a substantial fabric, such as Sunbrella, resistant to fading, and should be uniform in color and pattern for each storefront within an individual building.

(c) Awnings must conform to the requirements of the Borough Code. An awning may include a commercial message in the valance, provided appropriate size of lettering is used based on the size of awning. A commercial logo is allowed in the face of an awning dormer.

(d) Awnings may be fixed or retractable.

(e) Interior lit awnings are not permitted; however, lighting beneath the awning, which solely illuminates the sidewalk, is permitted.

(f) A dormer, if employed on a fixed awning, should be located over the entryway, if possible.

(6) The storefront base. Virtually all storefronts will contain a base panel below the display windows, which were constructed of a variety of materials, mentioned above. The base panel provides a strong anchor for the storefront, placing the display area at an effective viewing height, and also acts as a kickplate.

(a) During the 19th century, most storefronts had bases of wood panel construction, regardless of whether the frame of the building was wood, brick, or masonry. While a wood panel restoration is often the most historically appropriate, wood construction is also relatively high maintenance compared to some other construction materials. Building owners or proprietors undertaking restoration should be cognizant of the ongoing maintenance requirement.

(b) Base panels should utilize a material which is historically and aesthetically compatible with the frame of the facade. Victorian storefronts look best with brick or wood panel bases, while Art Deco and other classic contemporary designs will look best with pigmented structural glass (often used on the original), tile, granite, or similar material.

(c) When wood panel construction is employed, wood should be exterior grade, properly sealed, and primed and painted with good quality exterior grade paint, one coat of primer, and two finish coats, or stained and sealed with multiple coats of an exterior grade clear finish of polyurethane or spar varnish.

(d) Trim moldings of soft pine, intended for interior use, should not be used in exterior facade applications, as the wood will not maintain a durable finish when exposed to weathering.

(e) The design, construction and color of the base panels should be uniform throughout a multi-unit facade.

(f) Base panels should be flush or slightly recessed six inches to 12 inches within the building frame, and should not be more than 30 inches in height or an appropriate height based on the size of the building.

(7) Windows.

(a) Display windows. The display windows are the most important feature of the storefront. An inviting display window encourages window-shopping, provides a view of the inside of the store, and allows daylight to enter the store interior. The display window visually connects the business with the street.

[1] The windowsill should not be higher than 30 inches from the sidewalk, and the top of the window should be a minimum of eight feet in height.

[2] Overall, glazing of windows and doors may represent at least 70% of the total storefront area.

[3] Small glass panes were historically used in 19th century facades, as the technology for manufacturing large glass panes was not yet available. Small panes can obscure a retail window display, but are appropriate for some types of businesses. In retail situation where smaller panes are historically appropriate, they can be employed as an accent at the top, sides and/or bottom of the window frame, so that the open view of the display area is still maintained.

[4] As with the base panels, display windows should be flush with the frame, or recessed no more than six to 12 inches.

(b) Upper story windows. Upper story windows cannot be boarded up and must remain glass windows. If a building of facade is remodeled, the windows must be reinstalled in upper story windows.

(8) Entryways. The storefront entry and door is the gateway into the business, and will make an important impression on the customer. Typically, entryways are recessed from the front of the facade through the construction of an alcove. This provides additional shelter from the elements, and an area for the doorway to swing out without interfering with sidewalk pedestrian traffic. The entryway also provides an area of additional window display along the sides, which is visible upon approach from the sidewalk. Modern handicapped access codes require 18 inches of clearance on the pull side of the door, which is not always possible within the confines of the existing recess.

(a) Entryways and doors should comply with Handicap Accessibility requirements mandated by the Commonwealth of Pennsylvania and the requirements of the Americans with Disabilities Act, where feasible. The entryway slope must be a minimum one in 12 grade, and thresholds must not exceed 1/2 inch in height. Doors must be a minimum of 36 inches in width, with a clearance of 18 inches on the pull side.

(b) Doors must pull out. Door hardware must be of a type approved by the Borough Code.

(c) A recessed entry should be maintained if possible. The floor of the entry should use a material compatible with the storefront design, which resists expansion and contraction, is impervious to water penetration, and offers adequate traction.

(d) Avoid the installation of a solid entry door. Entry doors should have at least 50% of the surface glazed, and should be compatible in design with the overall facade.

D. Signage. Downtown Commercial District.

(1) Signage is regulated by the Borough Code.[1] Before a new storefront sign can be installed, or an existing sign altered, an application must be submitted to Code Enforcement Office and approved. All signs must be installed in accordance with the requirements of the article, and be aesthetically designed.

[1] Editor's Note: See Article XVII, Signs.

(2) Among the more important criteria of the article:

(a) Only one principal sign is allowed per business.

(b) Signage should be installed in the facade signband, or other architecturally appropriate location, and must not cover important architectural features of the facade.

(c) The total area of the storefront signage must not exceed 600 square feet.

(d) Window signs must not exceed one square foot for each linear foot, not to exceed 600 square feet of the total area signage.

(e) Window signs, awning lettering and projecting signs are not included in the calculation of total permitted sign area.

[Amended 6-23-2021 by Ord. No. 967]

(f) In general, signs must be appropriate for surrounding adjacent properties.

E. Lighting. Exterior lighting is an important component of storefront design, in particular for the illumination of signage.

§ 173-102.1 Outdoor fuel-burning appliances.

[Added 5-15-2006 by Ord. No. 840]

A. Purpose and scope.

(1) Residences and commercial and industrial establishments situated within the Borough are entitled to clean air and environmental circumstances free of unreasonable dust, obnoxious odors, noxious fumes and smells, as well as an environment free of stored debris and storage of combustible solid fuels in adjacent or exposed exterior areas within densely populated areas.

(2) This section shall provide for the prohibition of the installation of any exterior furnace or exterior burning device, the primary purpose of which is to convert solid combustible fuel into a heat or energy source for interior spaces for all residential, commercial and industrial districts.

(3) Research indicates outdoor fuel-burning appliances cause emission problems that cross property lines because the smoke stays close to the ground and it can easily reach humans working or playing outdoors or penetrate neighboring buildings. It also causes problems with smoke visibility. The low-lying smoke can worsen cardiovascular problems such as angina, irritate eyes and lungs, trigger headaches and worsen respiratory diseases such as asthma, emphysema and bronchitis.

B. Definition. As used in this section, the following terms shall have the meanings indicated:

OUTDOOR FUEL-BURNING APPLIANCE

A device, including any furnace, stove or boiler, designed and. constructed to burn solid fuels, including wood, coal or other solid fuels, manufactured for placement outdoors for the heating of the living area of a structure. An outdoor fuel-burning appliance utilizing a heat pump or that uses the following fuel sources will not be included in this definition and is exempt from the prohibition provided in this section: solar energy, electric, oil, propane gas or natural gas.

C. Outdoor fuel-burning appliances prohibited. All future outdoor fuel-burning appliances are hereby prohibited within the Borough of Sayre. An outdoor fuel-burning appliance utilizing solar energy, electric, oil, propane gas or natural gas will not be included in this definition and is exempt from the prohibition provided in this section.

D. Violations and penalties. Any person, firm or corporation who shall violate any provision of this section, shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and, in default of payment of said fine, to imprisonment for a term not to exceed 90 days. Every day that a violation of this section continues shall constitute a separate offense.

E. Grandfather clause and existing outdoor fuel-burning devices.

[Amended 9-18-2008 by Ord. No. 859]

(1) This section shall not be construed to be retroactive and shall not require the removal of any outdoor fuel-burning appliance in existence within the Borough at the effective date of this section. All outdoor fuel-burning appliances in existence at the effective date of this section shall have or must erect a flue or chimney which has a minimum termination height of 15 feet above the natural ground level upon which the appliance is located. The existing systems may not be replaced, and if they are not utilized for a period of one year, they will be deemed abandoned and must be removed.

(2) If an outdoor fuel-burning appliance is more than 50% torn down, physically deteriorated or decayed, any rebuilding or restoration of said outdoor fuel-burning appliance shall be a violation of this section.

(3) Existing systems may be upgraded for efficiency and reduction of pollution.