Every building hereafter erected or moved shall be on a lot
adjacent to a public street and all structures shall be so located
on lots which provide safe and convenient access for emergency vehicles
and required off-street parking.
A.
General provisions.
(1)
Except as noted elsewhere in this chapter, no accessory building
or structure shall be permitted within any required front or side
yard and within five feet of the rear lot line. The minimum distance
between an accessory building or structure within a rear yard and
a side lot line shall be the side yard requirement of the applicable
zoning district or five, whichever is less.
(2)
Except as noted elsewhere in this chapter, no accessory building
or structure shall exceed 12 feet in height, excepting detached garages
not to exceed 25 feet with setbacks half the building height.
(3)
Accessory buildings or structures customary to agricultural and horticultural
uses shall not exceed 25 feet in height.
(4)
No permanent accessory building or structure shall be constructed
on any lot prior to the commencement of construction of the principal
building to which it is accessory.
(6)
Except as noted elsewhere in this chapter, a building permit must
be issued by the designated person or firm authorized by Borough Council
for all proposed accessory structures and buildings.
B.
Residential provisions.
(1)
Unless otherwise specified within this chapter, detached garages,
greenhouses and other outbuildings are permitted as accessory uses;
provided, they are located within the building setback lines. All
such uses shall be erected, enlarged and/or demolished in accordance
with all applicable Borough building codes.
(2)
Paved terraces, patios or open porches; provided, that such terraces,
patios or open porches comply with the front, side and rear setback
which are designated for the zoning district in which the structure
is located. The side yard setback shall not apply to a common lot
line extending from a common wall.
(3)
Private noncommercial tennis courts shall not be located within the
front yard and/or closer than 15 feet from side or rear property line.
A tennis court shall not be located over a drainage field of a sewage
disposal system.
(4)
Freestanding earth station satellite receiving dishes shall be mounted
at ground level (where possible) and shall not be located within the
front yard and/or closer than five feet from side or rear property
lines. All dishes must be active; dishes removed from service must
be physically removed within 30 days of inactivity.
(5)
Utility sheds shall not be permitted in the front yard and within
three feet of the side or rear lot line. The minimum distance between
a utility shed within a rear yard and a side lot line shall be three
feet. All such utility sheds permitted under this section of this
chapter shall not exceed a floor area of 180 square feet and a height
of 15 feet.
C.
Nonresidential provisions.
(1)
No accessory building or structure for a nonresidential use shall
be permitted within any required front or side yard and within 10
feet of any rear lot line.
(2)
Storage facilities are permitted; provided, that such facilities meet the requirements of § 475-30 and are located in areas which have direct access to a street or driveway. The outdoor storage of materials shall be screened from the view of adjacent properties.
(3)
Living quarters are permitted only for proprietors, watchmen, caretakers
or similar employees.
(4)
Restaurants, cafeterias and/or recreational facilities are permitted;
provided, they are intended for the use of employees only, unless
they are permitted as principal uses in the zoning district in which
they are constructed.
A.
Home occupations are permitted by right within the M-1 and C-2 Zoning
Districts.
B.
Home occupations are permitted by conditional use within the R-1,
R-2, R-3, and R-4 Zoning Districts.
C.
All dwelling units which propose a home occupation use shall have direct access to a public street; provided, that the occupation is secondary to the use of the property as a residence; and, further, that the use of the dwelling does not change the character thereof and/or have any exterior evidence of such secondary use other than a permitted sign subject to the requirements specified under § 475-46, Signs, of this chapter.
D.
The principal person engaged in the home occupation shall be a resident
of that dwelling.
E.
The home occupation shall be limited to the principal person engaged
in the home occupation and one additional person to provide secretarial,
clerical or other assistance.
F.
The home occupation shall be conducted within the principal residential
structure or an accessory structure to which the home occupation is
performed.
G.
No more than one home occupational use shall be permitted per lot
and/or residential unit.
H.
A home occupation shall not occupy more than 25% of the total floor
area of the residential dwelling unit or accessory structure to which
the home occupation is performed.
I.
Unless otherwise permitted by Borough Council, all required parking
spaces shall be off-street. A minimum of two parking spaces in addition
to those required for the existing residential units shall be provided,
except that in the case of the office of a medical practitioner or
dentist, four spaces shall be provided.
J.
A zoning permit issued by the Borough is required for all proposed
home occupations.
K.
At the discretion of Borough Council, a land development plan may
be required for a home occupational use.
A.
All building conversions shall be considered special exceptions,
regardless of if the proposed use is permitted by right or conditional
use.
B.
All conversions of an existing structure shall meet all applicable
requirements of the Zoning Ordinance for the proposed use unless a
variance is granted by the Zoning Hearing Board.
C.
The Zoning Hearing Board may authorize as a special exception the
conversion of any single-family detached dwelling into a dwelling
for not more than two families.
D.
For residential conversions, the lot area per family shall not be
reduced to less than the minimum lot area as required for the zoning
district in which it is located.
E.
For residential conversions, such conversion shall be authorized
only for a large building which is structurally sound and has relatively
little economic value or usefulness as a single-family detached dwelling
or other conforming land use.
F.
The yard, building, area and other applicable requirements for the
applicable zoning district shall not be reduced.
G.
Provisions for adequate water supply and wastewater disposal shall
be designed in accordance with the requirements which are specified
by Kenhorst Borough. All uses shall be serviced by public sanitary
sewage disposal facilities and public water supply facilities.
I.
Such conversion shall not disrupt the character, harmony and integrity
of the neighborhood.
J.
If such conversion is authorized, the Kenhorst Borough Zoning Hearing
Board may prescribe such further conditions with respect to the conversion
and use of such building as it deems appropriate.
K.
Upon approval by the Zoning Hearing Board for a new use, a zoning
permit is required.
L.
Permitting, in accordance with applicable Borough standards, of any
modifications to the structure or parcel is required prior to the
commencement of work.
A.
The raising and ownership of horses, cattle, pigs, hogs, sheep, goats,
poultry, rabbits or similar animals shall be limited to a maximum
of one (1.0) animal unit per acre.
B.
The display and sale of farm products shall be permitted, provided that at least 75% of the quantity of products for sale has been produced on the property on which they are offered for sale. The sale of farm products shall be conducted in a structure or stand which shall not be located closer than 20 feet from the applicable street right-of-way. In addition, all off-street parking shall be designed in accordance with § 475-43 of this chapter.
C.
All areas utilized for grazing purposes shall be completely fenced
in.
D.
The spreading of fertilizers, manure, sewage sludge, and/or biosolids
shall be conducted in a manner required and approved by the Pennsylvania
Department of Environmental Protection, Kenhorst Borough and public
water supplier.
The following standards and regulations shall apply to all government,
nonprofit, for-profit, private, or community recreational uses:
A.
All active outdoor recreational land uses/areas shall be set back
50 feet from all lot lines.
B.
All passive outdoor recreational land uses/areas shall be set back
10 feet from all lot lines.
C.
No buildings utilized for recreational activities shall be constructed
within 50 feet from any lot line.
D.
No buildings or impervious surfaces shall be constructed on lands
which are classified as being wetlands or floodplains.
E.
Parking facilities shall be required and designed in accordance with
all Borough standards and specifications.
F.
All parking areas, driveways and/or streets shall be provided with a lighting system which shall furnish adequate illumination at any point and shall be designed to prevent glare which could be hazardous or uncomfortable to drivers in the area. Lights shall be screened to prevent spill or glare onto adjacent residential areas. In addition, the standards indicated under § 475-41, Lighting, shall be applicable for all design specifications.
G.
All property lines adjacent to existing residential land uses shall be adequately screened and buffered so as to protect the neighborhood from inappropriate noise, light and other disturbances. The depth of the buffer yard shall be a minimum of 50 feet in depth and shall be consistent with the provisions specified under § 475-34A of this chapter.
H.
Land areas which are not designated for buildings and impervious surfaces shall be planted with an adequate all-season ground cover which is consistent with § 475-34, Landscaping, of this chapter.
I.
No driveway or access street shall be located within 50 feet from
the intersection of any Borough, state or private street. The intersections
and interior traffic circulation pattern shall be designed to prohibit
through traffic and minimize substantial traffic congestion and hazards.
All roads designed for interior circulation shall be constructed in
accordance with all applicable Borough standards and specifications.
J.
A land development plan shall be required for all proposed recreational
sites in accordance with requirements adopted by the Borough.
All proposed nonresidential uses shall be designed in accordance
with all land development requirements and procedures pursuant to
all Borough codes and ordinances.
Notwithstanding the laws and regulations of the United States
Environmental Protection Agency (U.S. EPA) and/or the Pennsylvania
Department of Environmental Protection (PA DEP), the environmental
performance standards listed under this section will be utilized by
the Kenhorst Borough Council and Planning Commission as supplemental
regulations for reviewing existing or potential environmental impacts
within the corporate limits of Kenhorst Borough.
A.
Air management.
(1)
Open burning is not permitted in Kenhorst Borough unless such burning
is consistent with the provisions and restrictions of all codes, regulations
and/or ordinances adopted by Kenhorst Borough.
(2)
No gases, vapors, odors, and/or particulates shall be emitted from
the facility which is detrimental to persons, property, animals or
vegetation. No toxic, radioactive or corrosive gases, vapors or fumes
shall be released into the atmosphere.
(3)
No odors causing annoyance or discomfort to the adjacent residents
shall be detectable beyond the property lines of the site on which
such odors originate. The Kenhorst Borough Zoning Officer and/or the
designated person or firm authorized by Borough Council shall determine
if the odor is considered offensive and is a nuisance.
B.
Noise and vibration control.
(1)
No continuous, static, fluctuating and/or intermittent noise in excess
of 50 decibels shall be permitted at the property line of the site
on which the source of the noise originates between the hours of 10:00
p.m. and 7:00 a.m.[3]
(2)
The levels of all sound pressure testing shall be measured with a
sound level meter and an octave band analyzer that conforms to the
specifications published by the American Standards Associates.
(3)
No physical vibration shall be perceptible without aid of instruments
at or beyond the lot lines with the exception of temporary construction
activity.
(4)
Noise which is considered as loud, offensive, disruptive, excessive,
crude and/or is uncustomary for the land use from which it is generated
shall not be permitted.
C.
Glare and heat control. Any operation producing intensive light,
glare and/or heat shall be performed within an enclosed building or
behind a solid fence in such a manner as to be completely imperceptible
from any point beyond the boundary lines.
D.
Wastewater management.
(1)
In no case shall potentially hazardous effluent or waste from any
operations be discharged.
(2)
Effluent must meet all standards specified by the Borough and/or
Pennsylvania Department of Environmental Protection.
(3)
In no case shall stormwater hookups, including but not limited to,
sump pumps, rain leaders, or floor drains, be connected to the sanitary
sewer system.
F.
Outdoor storage control.
(1)
No flammable or explosive liquids, solids or gases shall be stored
in bulk above ground, except for tanks or drums of less than 600 gallons
of fuel which is directly connected with engines, heating devices
or appliances located and operated at the same site as the tanks or
drums of fuel and which have been approved by the appropriate agencies.
(2)
The limits which are specified for fuel storage in this chapter shall
not apply to agricultural uses and activities. However, all such requirements
for the storage of fuel for agricultural uses shall be approved and/or
permitted by the appropriate agencies.
(3)
All storage facilities for fuel, raw materials and products stored
outdoors shall be enclosed by a security fence and planting screen
adequate to conceal the storage facilities from the view of adjacent
properties.
(4)
No materials or waste shall be deposited on site in such from or
manner by which it can be transported off the site by natural causes
or forces.
(5)
No substance which has the potential to contaminate groundwater or
surface water shall be permitted to be stored outside unless the owner
can provide safeguards which are satisfactory to the Borough and the
Pennsylvania Department of Environmental Protection.
G.
Utility management and control.
(1)
All uses requiring energy in the form of electric, diesel, gas, oil,
etc., shall comply with the most acceptable safety requirements recognized
by the Pennsylvania Bureau of Labor and Industry and shall be so constructed
and installed so as to be an integral part of the architectural features
of the site.
(2)
Any utility which is viewed and regarded as offensive and unsightly
shall be concealed by coniferous planting.
H.
Electromagnetic and radioactive radiation control.
(1)
All electromagnetic radiation shall comply with the regulations of
the Federal Communication Commission (FCC); provided that no electromagnetic
radiation which interferes with radio or television reception or the
operation of other equipment beyond the lot lines shall be produced.
(2)
No injurious electromagnetic radiation or radioactive emission shall
be produced and all radioactive emissions shall be in accordance with
all pertinent federal and state standards.
I.
Violations. Proprietors who have been cited for any violation(s)
subject to this section shall be responsible for applicable costs
incurred by the Borough of Kenhorst through background investigations,
legal proceedings, retributions and rectification measures.
A temporary permit shall be issued for the authorization of
temporary uses necessary during construction or other special circumstances
of a discontinuing nature, including but not limited to mobile food
facilities, outdoor sales events, construction trailers, and exhibitions.
The time period of the initial permit shall be 30 days. Once a temporary
permit has expired, a new permit must be obtained. The temporary use(s)
shall be removed completely within 30 days of the expiration of the
permit without cost to the Borough.
A.
Outdoor storage of any type shall not be permitted unless such storage
conforms to the normal functions and procedures conducted on the premises.
Outdoor storage of any type shall be prohibited if such storage is
considered and/or construed as unsightly, malodorous, hazardous to
the environment and potentially detrimental to the health and safety
of the adjacent property owners. The use and location of such outdoor
storage shall be in accordance with all pertinent federal, state and
local codes.
B.
Exterior fuel tanks or drums utilized for agricultural uses shall
be stored in approved aboveground containers not exceeding 600 gallons.
All such containers shall be directly connected with engines, heating
devices or appliances. All such containers and connections shall be
approved and/or permitted by the appropriate agencies.
C.
Exterior fuel tanks or drums utilized for residential uses shall
be stored in approved aboveground containers not exceeding 300 gallons.
All such containers shall be directly connected with the appropriate
heating devices or appliances. All containers and connections shall
be approved and/or permitted by the appropriate agencies.
D.
All storage facilities for fuel, raw materials and products stored
outdoors shall be enclosed by a security fence and planting screen
adequate to conceal the storage facilities from the view of adjacent
properties.
E.
No materials or waste shall be deposited on site in such form or
manner by which it can be transported off the site by natural causes
or forces.
F.
No substance which has the potential to contaminate groundwater or
surface water shall be permitted to be stored outside unless the owner
can provide safeguards which are satisfactory to the Borough and the
Pennsylvania Department of Environmental Protection.
G.
Biodegradable material which is considered and/or construed as being
unsightly, malodorous, offensive, disruptive or hazardous shall not
be kept, stored, stockpiled or spread on any property within the Borough.
H.
The storage of agricultural equipment, functional classic or antique
automobiles and/or actively used building material shall be permitted
in all districts; provided, that such items are not located within
the street right-of-way and are not located within 10 feet of any
adjacent property line.
I.
Equipment or motor vehicles which are considered by the Kenhorst
Borough and/or the designated person or firm authorized by Borough
Council as nonfunctional and without evidence of restoration work
shall be removed from the applicable property at the expense of the
property owner.
J.
Any lot, or part thereof, exceeding the provisions of this section
shall be identified and categorized as a junkyard.
No building or structure may be erected, altered, or used and
no lot or premises may be used for any activity which is continuously
noxious, injurious or offensive by reason of dust, smoke, odor, fumes,
noise, vibration, gas, effluent discharge, illumination or similar
substances or conditions.
When an unimproved lot is situated between two improved lots
with front yard dimensions less than those required for the district
in which the unimproved lot is located, the front yard required for
the unimproved lot may be reduced to a depth equal to the average
of the two adjoining lots with the approval of Borough Council; provided,
however, that this provision shall only apply in cases where the improved
lots in question are improved as of the time of the adoption of this
chapter and the improvements are located within 100 feet of the unimproved
lot. For the purposes of this section, an unimproved lot shall be
the same as a vacant lot and an improved lot shall be one on which
a principal building is erected.
Flag lots are permitted in all zoning districts, subject to
the following development standards and conditions:
A.
Flag lots shall only be permitted within residential developments.
All such lots shall be intended for single-family detached dwelling
units.
B.
A cumulative total of two flag lots shall be created as a result
of the subdivision(s). The residual tract shall be deed restricted
from the creation of future flag lots. In all cases, the applicant
must demonstrate that land cannot be subdivided to meet the minimum
lot width requirements of the zoning district, the tract of land cannot
be further subdivided in the future by normal or typical design, the
tract of land cannot be properly subdivided due to the presence of
certain physical development limitations associated with the site
and that the configuration of the proposed lots will not limit the
potential for development on adjacent tracts of land in the future.
C.
If the tract of land contains any residue or undeveloped land area,
the applicant shall provide the Borough with a sketch plan for further
review and comment.
D.
The access strip or stem of a flag lot shall be fee simple and extend to an existing public street. If required by the Borough, a five-foot buffer strip shall be provided along the access strip. The buffer strip shall be sufficiently landscaped in accordance with the standards specified under § 475-34A of this chapter.
E.
Driveways shall be located, designed and constructed in accordance
with all pertinent Borough standards.
F.
The width of the access strip or stem shall be a minimum of 25 feet.
Additional width may be required by the Borough in order to overcome
problems associated with slope, drainage and/or sedimentation.
G.
The lot area for each flag lot shall meet or exceed the minimum lot
area requirements for the applicable zoning district. The area of
the access strip or stem shall not be utilized to compute the area
of the flag lot.
H.
The building setback lines for the flag lot shall meet the minimum
required setbacks as specified by the applicable zoning district.
The setback lines shall be established at the flag portion of the
proposed lot. The front yard depth or setback shall be measured from
the access strip (extended through the lot) and from the rear property
line of the lot between the proposed flag lot and public street. All
other setbacks shall meet the rear yard setback requirements.
I.
Flag lots may not be further subdivided or developed for any other
purpose and shall be deed restricted from further subdivision and
development.
A.
Buffer yards.
(1)
Where district regulations require buffer yards, screening and/or
planting strips, the applicant shall submit a landscaping plan to
the Borough for review and approval.
(2)
The landscaping plan shall show the location and arrangement of each
buffer yard, the species, placement and size of all plant material
selected and the type, placement and size of all fences to be placed
in such buffer yards.
(3)
The type and density of planting shall adequately provide the screening
effect required.
(4)
The plant materials utilized shall be selected from the approved list identified under § 475-34D of this chapter.
(5)
All plant materials shall be permanently maintained by the property
owner and any plant material which does not live shall be replaced
within six months.
(6)
Any portion of a site which is not utilized for buildings, accessory
structures, loading or parking spaces, aisles, sidewalks and designated
storage areas shall be planted with an all-season ground cover and
shall be landscaped according to an overall plan.
(7)
All buffer yards shall be maintained and kept clean of debris, rubbish, weeds and tall grass. Depending on the land use activity and intensity, the Borough may require that a fence be installed within the buffer yard or along the internal portion of the buffer yard. The fence shall be consistent with the standards specified under § 475-35 of this chapter.
(8)
Borough Council shall have the right to modify any of the above specifications
if the applicant can demonstrate that the existing conditions of the
site exceed all applicable requirements listed under this section.
B.
Developments requiring landscaping plans.
(1)
All residential developments containing three or more dwelling units
or nonresidential development greater than one gross acre shall submit
a landscaping plan to the Borough of Kenhorst for review and approval.
(2)
The landscaping plan shall show the type, size and arrangement of
all species selected.
(3)
The materials utilized shall be selected from the approved list identified under § 475-34D of this chapter.
(4)
All new residential buildings shall provide a minimum of two selected
canopy, flowering or evergreen trees per lot.
(5)
All new nonresidential developments shall provide a minimum of three
selected canopy, flowering and/or evergreen trees per gross acre.
(6)
All selected plant materials shall be planted a minimum of 10 feet
outside of the legal right-of-way of all existing and proposed streets.
(7)
All selected plant materials shall be located so as not to interfere
with the installation and maintenance of sidewalks, drainage facilities
and/or utilities.
(8)
The strategic placement of trees throughout the development to serve
as a buffer against the wind and sun is encouraged for energy conservation
purposes.
(9)
All plant materials shall be located so as not to create a potential
traffic hazard.
(10)
The Borough shall have the right to waive or modify any of the
above specifications if the applicant can demonstrate that the existing
conditions of the site exceeds all applicable requirements listed
under this section.
(11)
Invasive plants and species are not permitted.
D.
Street trees. The following trees, hedges and/or shrubs may be utilized to meet the standards and specifications of § 475-34A and B. Species selection shall be based upon the existing physical and natural conditions of the site.
(1)
Canopy trees are permitted, provided they are a minimum of two inches
in caliper as measured 12 inches from the ground. The following is
an approved list:
|
Acer ginnala - Amur maple
| |
|
Acer platanoides - Norway maple
| |
|
Acer rubrum - Red maple
| |
|
Quercus alba - White oak
| |
|
Quercus borealis - Red oak
| |
|
Quercus coccinea - Scarlet oak
| |
|
Quercus palustris - Pin oak
| |
|
Quercus phellos - Willow oak
|
(2)
Flowering trees are permitted provided they are a minimum of 10 feet
in height. The following is an approved list:
|
Amelanchier canadensis - Shadblow serviceberry
| |
|
Cornus florida - Flowering dogwood
| |
|
Cornus mas - Cornelian cherry
| |
|
Laburnum vossi - Golden chain
| |
|
Magnolia soulangiana - Saucer magnolia
| |
|
Malus baccata - Siberian crab
| |
|
Malus floribunda - Japanese flowering crab
| |
|
Oxydendrum arboreum - Sourwood
|
(3)
Buffer trees are permitted provided they are a minimum of six feet
in height. The following is an approved list:
|
Picea ables - Norway spruce
| |
|
Picea omorika - Serbian spruce
| |
|
Picea pungens - Colorado spruce
| |
|
Pinus nigra - Austrian pine
| |
|
Pseudotsuga menziesii - Douglas fir
|
(4)
Hedges or hedgerows are permitted for buffer and screening purposes
provided they are a minimum of four feet in height. The following
is an approved list of hedges:
|
Crataegus crus-galli - Cockspur Thorn
| |
|
Crataegus intricata - Thicket hawthorn
| |
|
Crataegus phaenopyrum - Washington hawthorn
| |
|
Euonymus alatus - Winged euonymus
| |
|
Forsythia intermedia - Border forsythia
| |
|
Rhamnus frazula columnaris - Tailhedge buckthorn
| |
|
Syringa vulgaris - Common lilac
| |
|
Viburnum sieboldii - Siebold viburnum
| |
|
Viburnum tomentosum - Doublefile viburnum
|
E.
Guarantee/performance bond.
(1)
Any tree or shrub which dies within 18 months of planting shall be
replaced. Any tree or shrub which, within 18 months of planting or
replanting, is deemed, in the opinion of the Borough, to have grown
in a manner uncharacteristic of its type, shall be replaced.
(2)
Substitutions for certain species may be permitted only when approved
by the Kenhorst Borough Planning Commission and Council.
(3)
The developer or landowner shall deposit with the Borough a sum of
money equal to the amount necessary to cover the cost of purchasing,
planting, maintaining and replacing all vegetative materials for a
period of 18 months. This condition shall be satisfied through an
executed agreement between the Borough and developer.
A.
Unless otherwise stipulated within this chapter, fences, walls and/or
hedges may be permitted within and along the periphery of any required
yard; provided:
(1)
No fence, wall and/or hedge is to be erected or planted within or
encroaching upon the street right-of-way.
(2)
No fence or wall, except a security fence or decorative retaining
wall, shall exceed six feet in height. All proposed fences and walls
shall be designed and constructed in accordance with the specifications
and proceedings of the designated person or firm authorized by Borough
Council.
(3)
Security fences, cyclone fences, exceeding six feet in height, shall
only be permitted for nonresidential land uses. The tops of security
fences exceeding six feet in height may also utilize barb wire. All
such security fences shall be adequately screened with suitable landscaping
from the view of any adjacent properties.
(4)
All security fences exceeding six feet in height shall be reviewed
and approved by Borough Council.
A.
Clear sight triangles shall be provided at all street intersections.
Within such triangles, nothing, except street signs, traffic lights
or signs, utility poles and mail boxes, shall impede vision above
a height of 2.5 feet from the center-line grades of the intersecting
streets. Such triangles shall be established from a distance of 75
feet from the point of intersection of the center lines of the intersecting
streets, except that a clear sight triangle of 150 feet shall be provided
for all intersections with collector and arterial highways.
B.
On every corner lot, a yard equal in depth to the front yard requirement
of the zoning district in which the corner lot is located shall be
provided on each side of the lot which is adjacent to a street.
C.
In cases in which a preexisting lot of record is changed into a corner
lot as the result of an adjacent subdivision or land development,
the front yard of the preexisting lot shall only be established along
the public street to which it originally had access. All other setbacks
shall conform to the applicable requirements for the zoning district
in which the preexisting lot is located.
Unless otherwise specified within this chapter, all structures
must comply with the front, side and rear setbacks which are designated
for the zoning district in which the structure is located.
On any lot on which a principal building existed at the effective
date of this chapter, any accessory building to such existing principal
building which is constructed after the effective date of this chapter
does not have to be set back farther from any street right-of-way
or lot line than that principal building.
A.
The building height limitations contained within this chapter shall
not apply to chimneys, spires, belfries, cupolas, farm buildings,
silos, greenhouse ventilators, antennas (not in combination with support
towers), water tanks and other similar appurtenances usually required
to be placed above the roof level, provided they are not intended
for human occupancy.
B.
The maximum height of the structures which are specified under Subsection A, above, shall be 50 feet, provided compliance with the Airport Hazard District can be demonstrated. In no case shall height of the structure, or the building in combination with a structure, be greater than the distance to the closest lot line.
C.
Unless otherwise specified in this chapter, no building in the Borough,
other than a farm building, shall exceed 35 feet in height.
D.
Accessory buildings or structures customary to agricultural and horticultural
uses shall be exempt from the building height and open area requirements
specified in this chapter, provided compliance with the Airport Hazard
District can be demonstrated. The height of the accessory building
or structure above its base shall be less than the shortest distance
from such base to any lot line.
E.
The height exceptions specified in this chapter shall be consistent
with the development standards specified by all applicable regulations
adopted by Kenhorst Borough.
Swimming pools shall be defined per the building code adopted by the Borough. Such swimming pools may be entirely or partially aboveground. Swimming pools shall be classified as an accessory use. The following standards shall supplement those standards provided in § 475-22 of this chapter.
A.
The pool filters, pumps and other mechanical or structural equipment
shall not be permitted within the front yard, the side yard setbacks
and/or within 10 feet of the rear lot line.
B.
Any floodlighting or other illumination used in conjunction with
the pool shall be shielded and directed away from adjacent property
owners.
C.
Per the International Building Code adopted by the Borough,[1] the pool shall be completely enclosed by a fence or wall
not less than four feet in height. If the enclosure is a fence, the
vertical and horizontal interfaces shall be no more than two inches
apart. All gates shall be equipped with locks.
D.
Per the International Building Code adopted by the Borough, aboveground
pools over four feet in height do not need to be enclosed by a fence
or wall, but the ladders serving the pool shall be locked in an inaccessible
position at least four feet above the ground or removed and locked
up elsewhere.
E.
The pool shall not occupy more than 50% of the minimum yard area
in which it is located.
A.
When the property on which any activity is conducted is illuminated
at night, such illumination shall be so designed and located that
the light sources are shielded from adjoining residences and streets.
B.
No direct beams of light shall be directed toward adjacent properties
or toward public roads, except from streetlights intended for the
lighting of streets, the location of which have been approved by the
Borough and the appropriate utility company.
C.
No lighting shall be utilized in such a manner to produce a light
intensity greater than 10 footcandles beyond the lot boundaries when
the adjacent land is included within a residential zoning district.
A.
Paved off-street loading and unloading spaces, with proper access
from a street, common driveway or alley shall be provided on any lot
on which a building for trade or business is hereafter erected or
substantially altered. All such areas for the loading and unloading
of vehicles and for the servicing of establishments or shops by refuse
collection, fuel and other service vehicles shall be of such size,
design and arrangement that they may be used without blocking or otherwise
interfering with the use of automobile accessways, parking facilities
or pedestrianways. All loading areas shall be paved. Loading areas
shall not be located within required front yards and shall not be
located within 10 feet of any side or rear lot line.
B.
All such spaces shall have dimensions not less than 12 feet by 45
feet with a clearance of not less than 14 feet in height. The spaces
shall not be located within any public right-of-way or within any
other designated parking area.
C.
Unless otherwise required by this chapter or permitted by Borough
Council, a minimum of one off-street loading space shall be required
for each nonresidential use.
D.
Unless otherwise permitted by the Borough Council, the total number
of required off-street loading spaces shall be specified as follows:
E.
For any building or land use not covered above, or for any combination
of uses set forth above, the designated person or firm authorized
by Borough Council shall apply the standard for the number of required
off-street loading spaces.
F.
Unless otherwise permitted by Borough Council, all required off-street
loading areas and access drives shall be paved. They shall have marked
parking spaces, shall be graded to provide convenient access and proper
drainage and shall be maintained in usable condition. The maximum
grade of areas used for loading spaces shall not exceed 5%, and the
maximum grade of access drives shall not exceed 10%. Surface water
shall not be concentrated onto public sidewalks and other premises.
B.
Standards for off-street parking:
(1)
Each parking space shall have a minimum area of 200 square feet with
minimum dimensions of 10 feet by 20 feet. In addition, appropriate
driveways, aisles and maneuvering space shall be provided to permit
safe and convenient access to and use of the area provided for parking
purposes. Proper access from a street, alley or driveway shall be
provided.
(2)
Parking spaces for residential uses shall be located on the same
lot as the use served. Parking spaces for other uses shall be provided
for on the same lot as the use being served or in parking facilities
within 300 feet of the use, except in the case of a shopping center
or similar grouping of buildings on a lot, in which case all parking
areas shall be provided entirely within the lot lines of the property.
(3)
All off-street parking spaces designated for residential units shall
be located behind the street right-of-way line.
(4)
All parking spaces and means of access, other than those relating
to a dwelling, shall be adequately illuminated during night hours
of use. The illumination must be designed and located so that the
light sources are shielded from adjoining residences and public and
private streets. The illumination shall not be of excessive brightness
and shall not produce a glare noxious at or beyond the boundaries
of the parking area.
(5)
Common or joint parking facilities for two or more uses may be established;
provided, that the number of spaces provided is not less than the
sum of the spaces required for each individual use.
(6)
All common parking areas and access drives shall be paved. They shall
have marked parking spaces, shall be graded to provide convenient
vehicular access and proper drainage and shall be maintained in usable
condition. The maximum grade of areas used for parking shall not exceed
5%, and the maximum grade of access drives shall not exceed 10%. Surface
water shall not be concentrated onto public sidewalks and other premises.
(7)
The Borough may permit a gravel or stone off-street parking area
if the applicant can provide evidence that the proposed land use activity
is not compatible or does not require a paved off-street parking area.
As part of the request, the applicant shall submit a stormwater management
plan, a grading plan and an erosion/sedimentation control plan to
the Borough for review and comment.
(8)
No areas necessary to fulfill the off-street parking requirements
of this chapter shall be used for the sales, dead-storage, repair,
dismantling or servicing of vehicles.
(9)
Off-street parking facilities existing at the effective date of this
chapter shall not be subsequently reduced to an amount less than that
required under this chapter for a similar new building or use.
(10)
The width of aisles in parking areas shall be no less than listed
in the following table:
|
Aisle Width
| |||
|---|---|---|---|
|
Angle of Parking
|
One-Way
(feet)
|
Two-Way
(feet)
| |
|
90°
|
24
|
24
| |
|
60°
|
18
|
N/A
| |
|
45°
|
15
|
N/A
| |
|
30°
|
12
|
N/A
| |
(11)
When the required number of parking spaces is computed and a
fraction of a parking space results, any fraction which is below 1/4
may be disregarded and any fraction which is over 1/4 shall necessitate
the provision of a full parking space.
(12)
The design of parking areas for all uses shall be such to prevent
the backup of vehicles on a public street.
(13)
Where parking requirements are determined by the number of seats
and no permanent seats are provided, only temporary seats, the number
of parking spaces to be provided shall be based upon the capacity
for temporary seats in normal usage.
(14)
Parking areas shall be arranged so that no portion of any vehicles
parked within a designated parking space can extend over any property
line of the lot on which it is parked.
(15)
Parking areas for nonresidential uses which are designed to
contain more than three vehicles shall be screened from the view of
persons on any land zoned R-1, R-2, R-3 and R-4 which is adjacent
to the land on which the nonresidential parking area is located.
(16)
Parking areas and access drives for nonresidential uses shall be located a minimum of 10 feet from a lot line and street right-of-way line and the area between the parking area and the lot line or street right-of-way line shall be landscaped in accordance with the standards specified under § 475-34 of this chapter. Consideration should be given to providing landscaping within the interior of the off-street parking facility.
(17)
Nonconforming parking areas. No major repairs, substantial alterations
or extensions to any building shall be permitted unless the plans
for such change shall provide for bringing the entire property into
conformance with all of the provisions of this section as if an application
were being made for a permit to erect or construct all of the existing
and proposed buildings and structures on undeveloped ground.
(18)
The parking of commercial or nonresidential vehicles shall be
permitted in all zoning districts within the Borough; provided, they
are not located within any street right-of-way or within the applicable
front, side or rear yard setback. All such vehicles must be located
within an enclosed building or must be located more than 25 feet from
any property line. The building or parking area must be screened with
suitable landscaping in order to conceal its view from any adjacent
residential use.
(19)
The parking of major recreational vehicles or equipment including,
but not limited to, boats, boat trailers, campers, coaches, motorized
dwellings or similar equipment shall be permitted in all zoning districts
within the Borough; provided, they are not located within any street
right-of-way or within the applicable side or rear yard setback. Unless
otherwise approved and permitted by Kenhorst Borough, all such vehicles
or equipment shall not be utilized for living, sleeping and/or household
purposes.
C.
Off-street parking requirements. Off-street parking requirements
shall be required as follows:
(1)
Residential uses: two spaces per dwelling unit.
(2)
Group home: one space for each resident.
(3)
Student housing: one space for each occupant.
(4)
Wholesaling, warehouse or industrial use: one space per two employees
for the combined employment of the two largest successive shifts.
(5)
Restaurant, tavern or similar use: one space for each four seats,
plus one space for each employee on the largest shift.
(6)
Retail and service establishments: one space for each 150 square
feet of gross floor area.
(7)
Office buildings: one space for each 400 square feet of gross floor
area.
(8)
Motel, hotel, tourist home or similar establishments: one space for
each rental unit, plus one space for each employee on the largest
shift.
(9)
Medical, dental, and paramedical offices and clinics: 1 1/2
spaces for each patient exam area, plus one space per each employee.
(10)
Nursing home or home for the aging: one space for each employee,
plus one space for each four beds.
(11)
Funeral home: one space for each four seats.
(12)
Roadside farm stand: not less than five spaces.
(13)
Drive-in eating establishment (no indoor seating provided):
one space for each 2,000 square feet of lot area or one space for
every 25 square feet of gross floor area, whichever is greater, plus
one space for each employee on the largest shift.
(14)
Bowling alley: five spaces per alley.
(15)
Auditorium, gymnasium, theater, municipal building, place of
worship, club or lodge, cafeteria utilized for public assemblage,
or other place of public assemblage: one space for every three seats.
(16)
Library or museum: one space per 300 square feet of gross floor
area.
(17)
Nursery schools: one space per employee, plus one space for
loading and unloading of children for each five children accommodated
in the school.
(18)
Elementary and junior high schools: one space per employee, plus 10 spaces per classroom. Refer to Subsection B(14), above, for additional requirements.
(19)
High schools: one space per four students, plus one space for each employee. Refer to Subsection B(14), above, for additional requirements.
(20)
Skating rinks, swimming pools, dance halls, indoor recreational
establishments: one space per 50 square feet devoted to patron use.
(21)
Motor vehicle service station or repair garage: two parking
spaces per service bay.
(22)
For any building or use not covered above or for any combination
of uses set forth above, the designated person or firm authorized
by Borough Council shall apply the standard for off-street parking
spaces in the above schedule deemed to most closely approximate the
proposed building or use.
A.
No driveways shall be located, designed and constructed so as to
create a drainage or sedimentation problem on an adjacent property
or street.
B.
All driveways shall be so constructed and maintained that the materials
of which the driveways are made will not wash nor be deposited upon
public roads.
C.
Driveways serving single-family residential dwelling units shall
not exceed 15% in grade.
D.
Driveways serving multifamily residential dwelling units and nonresidential
developments shall not exceed 10% in grade and shall be paved.
E.
All driveways shall be located, designed, maintained and constructed
as to provide optimum and safe sight distance at their intersection
with the street.
F.
Driveway entrances shall not intersect streets at angles of less
than 60° nor more than 120°.
G.
All driveways shall be located, designed, maintained and constructed
in accordance with all pertinent standards and specifications for
driveways which have been adopted by the Borough of Kenhorst. Where
provisions are not specified or applicable, the Kenhorst Borough Council
shall provide a set of design requirements.
H.
A highway occupancy permit issued by the Pennsylvania Department
of Transportation shall be required for all proposed driveways entering
onto a state road.
A.
All areas for off-street parking, off-street unloading and loading
and the storage or movement of motor vehicles shall be physically
separated from the public street or highway by a raised curb, planting
strip or other suitable barrier against unchanneled motor vehicle
entrance or exit, except for necessary accessways or access roads
which supply ingress and egress from such facilities.
B.
Each use with less than 100 feet of frontage on a public street shall
have not more than one accessway to each such street. No use with
100 feet or more frontage on a public street shall have more than
two accessways to any one street for each 300 feet of frontage. Where
practicable, movement into and out of parking areas shall avoid direct
access to or from an arterial street or major collector.
C.
Where there is more than one driveway to a parking area, the driveways,
whenever possible, shall be limited to one-way travel either as an
entrance to or an exit from the parking area. The width of such entrances
and exits, measured at the street line, shall be as follows:
D.
In all cases, the radius of the edge or the driveway apron shall
be at least 15 feet and no more than 50 feet.
E.
The location and width of exit and entrance driveways shall be planned
so as not to interfere with the use of adjacent property and with
pedestrian and vehicular traffic on adjacent streets. The center line
of the access driveway onto or from any public street shall be located
at least 50 feet from the intersection of any street right-of-way
lines.
A.
Area standards for signs.
(1)
The area of a sign shall be construed to include all lettering, wording
and accompanying designs and symbols, together with the background,
whether open or enclosed, on which they are displayed, but not including
any supporting framework and bracing which are incidental to the display.
(2)
The area of a sign, painted upon or applied to a building, shall
be considered to include all lettering, wording and accompanying designs
or symbols, together with any backing associated with the sign.
(3)
Where the sign consists of individual letters or symbols attached
to or painted on a surface, building, wall or window, the area shall
be considered to be that of the smallest rectangle or other shape
which encompasses all of the letters and symbols.
B.
Permitted signs, all zoning districts. These signs are permitted
in all zoning districts and are subject to the following standards,
provisions and specifications:
(1)
Official traffic control signs and other official, federal, state,
county or Borough government signs.
(2)
Temporary signs announcing a campaign, drive or event of a civic,
philanthropic, educational or religious organization; provided, such
sign shall not exceed 12 square feet in area and shall be removed
immediately upon the completion of the campaign, drive or event.
(3)
Business signs offering the sale or rental of the premises upon which
the sign is erected; provided it meets the requirements of the realty
sign requirements.
(4)
Temporary signs of contractors, developers, architects, engineers,
builders and artisans, or businesses erected and maintained on the
premises; provided, that the area of such sign shall not exceed 12
square feet; and, provided, that such sign shall be removed upon completion
of the work but in no case shall be permitted for more than 30 consecutive
days in a calendar year.
(5)
Trespassing signs, signs indicating the private nature of a road,
driveway or premises, signs controlling fishing or hunting on the
premises; provided that the area of any such sign shall not exceed
two square feet.
(6)
All signs must be located to comply with the requirements for clear sight triangles, as specified under § 475-36A of this chapter.
(7)
Signs directing patrons, members of audience to temporary exhibits,
shows or events and signs erected in conjunction with a political
election; provided, that such sign shall not exceed six square feet,
shall be removed within one week after the date of the exhibit, show,
event or election, shall not be posted earlier than two weeks before
the date of the exhibit, show or event and that political signs shall
not be posted earlier than one month prior to an election.
(8)
Signs expressing the opinion of the owners or occupants of the property
on which signs are placed; provided, that no such sign shall be obscene
or shall cause threat to the health or safety of the public, no such
sign shall exceed 10 square feet and not more than one such sign shall
be erected on any one street frontage.
C.
Permitted signs, residential districts. The following signs are permitted
within the R-1, R-2, R-3 and R-4 Zoning Districts:
(1)
Home occupation or name sign displaying the name and address of the
occupant or the profession or activity of the occupant of a dwelling;
provided, that not more than one such sign shall be erected for each
permitted use or dwelling; and, provided, that the area of such sign
shall not exceed two square feet; and, provided, that such sign shall
be fixed flat on the main wall of such building or may be erected
in the front yard, but not within 10 feet of the cartway.
(2)
Sign, bulletin, announcement board or identification sign for schools,
churches, clubs, nonprofit groups, divisions of government, multifamily
dwellings or other principal uses and buildings other than dwellings
on the same lot therewith for the purpose of displaying the name of
the institution and its activities or services; provided, that the
area of any such sign shall not exceed 12 square feet and not more
than one such sign shall be erected on any one street frontage.
(3)
Signs offering the sale of farm products, nursery products or livestock
produced or raised on the premises; provided that the area of any
such sign shall not exceed 12 square feet and not more than one such
sign shall be erected on any one street frontage.
(4)
Signs denoting membership in agricultural associations, cooperatives
or indicating specialization in a particular breed of cattle, hogs,
etc., or in a particular hybrid or strain of plant; provided, that
such sign is limited to six square feet and not more than one sign
per 10 feet of road frontage.
D.
Permitted signs, multifamily residential developments. The following
signs are permitted within multifamily residential developments:
(1)
Multifamily dwelling premises shall not be advertised by temporary
real estate signs for more than 12 months after the building is constructed.
(2)
Directional signs, not to exceed two square feet each, erected within
the project itself to direct persons to a sales or rental office or
sample apartment.
(3)
Permanent identifying signs for the purpose of indicating the name
of the multifamily project and for the purpose of identifying the
individual buildings within the projects. Not more than one sign for
each entrance to the project from a public street to identify the
name of the project shall be permitted and no such sign shall exceed
10 square feet in size. Signs to identify the individual buildings
within the project shall not exceed two square feet in size.
E.
Permitted signs, mixed-use and nonresidential districts. The following
signs are permitted in the M-1, C-1 and C-2 Zoning districts and no
other:
(1)
Business or commercial wall or freestanding signs on the same lot
as the use to which it relates; provided, that the total of such signs
shall be limited to two square feet for each lineal foot of horizontal
building facade length, but not to exceed an aggregate area of 160
square feet. No more than two freestanding sign structures shall be
permitted per lot.
(2)
Special temporary promotional devices, signs or displays shall be
permitted on the outside of a building; provided, they are not on
display for a total period of 30 cumulative days in any given year.
(3)
Off-site advertising signs may be erected and maintained within the
C-1 and C-2 Zoning Districts. The following standards and specifications
shall apply:
(a)
All off-site advertising signs shall have a maximum display
area of 300 feet per sign face with a maximum width of 25 feet, inclusive
of any border, and shall have no more than one in each direction.
(b)
Two sign faces may be utilized only in the back-to-back arrangement,
in which case, they shall be parallel and directly opposite sign faces
oriented in opposite directions located not more than 15 feet apart.
(c)
All off-site advertising signs shall be constructed on a steel
unipole support meeting the industry-wide standards and shall be designed
and certified as accurate and of sound construction quality by a registered
and certified professional engineer, whose signature and seal shall
appear on the face of said plan, along with said certification.
(d)
All off-site advertising signs shall conform to the building
height restrictions of the district controlling the location of the
structure. The height shall be measured from the bed of the street,
road, highway or alley to the highest part of the sign or supporting
structure.
(e)
No off-site advertising sign shall be erected within 1,000 feet
of any other off-site advertising sign on the same side of any street,
road, highway or alley.
(f)
No off-site advertising sign shall be erected closer than 20
feet to the cartway or as specified by the Pennsylvania Department
of Transportation.
(g)
All off-site advertising signs shall be maintained in good and
safe structural condition. The painted portion of all off-site advertising
signs shall be kept in good condition.
(h)
All newly erected off-site advertising signs shall conform to
all applicable federal, state and local laws, rules and regulations.
(i)
(j)
Off-site advertising signs may be illuminated; provided, that
the lighting shall be arranged in a manner which shall protect neighboring
properties and streets or roadways from direct glare, beams or rays
and shall not be of such intensity or brilliance to cause impairment
of the vision of any driver or operator of any vehicle nor create
hazardous interferences of any kind.
(k)
No off-site advertising signs shall be erected within 150 feet
of any street intersection. No off-site advertising sign shall be
erected or placed in any manner so as to interfere with or impede
the unobstructed vision of a motor vehicle operator attempting to
enter on or exit from any intersection with a public or private roadway,
or any driveway or parking facility.
F.
Permit requirements.
(1)
No sign shall be erected or maintained without the owner thereof
having first obtained a permit from the Borough, which shall be issued
by the Zoning Officer and/or the designated person or firm authorized
by Borough Council, only upon receipt of a written application completed
in duplicate, signed by the applicant and accompanied by five copies
of a plan of the property or tract of land, prepared to scale, depicting
dimensional limits of the sign face, the perimeter boundaries as taken
from the deed for said tract, identifying the current owner of the
tract, all adjacent owners, the next closest intersecting public roadways
and any driveways or parking areas within 150 feet of the site, the
proposed location of the sign area to be transferred in fee or controlled
by lease and any and all easements or utility installation affecting
such site and accompanied by five copies of a plan of the sign prepared
to scale depicting the supporting structure and the specifications
of the materials and methods of construction and maintenance to be
employed, signed and certified by a registered licensed professional
engineer.
(2)
Permit applications shall be reviewed by the Zoning Officer and/or
the designated person or firm authorized by Borough Council for compliance
with this chapter and upon approval by both, a permit shall be issued
to remain in effect for a period of three years from the date of issuance
of the permit, subject to renewal for additional three-year intervals
upon written reapplication and presentation of documentation establishing
applicant's continued compliance with the terms and conditions
of this chapter concerning weed control, maintenance, illumination
and other terms not to include the location of the site itself, but
to include any terms or conditions appearing on the face of the permit.
(3)
Permit applications shall be accompanied by a check or cash in full
satisfaction of an initial application fee to be established by resolution
of Borough Council.
G.
Supplementary sign regulations. The following supplementary sign
regulations shall apply to all zoning districts in the Borough:
(1)
Projection. No sign shall project more than 12 inches from the building
facade to which it is attached. No freestanding sign may project beyond
the lot line or beyond a street right-of-way.
(2)
Height. No sign that is a part of or is supported by a building shall
be erected upon the roof of such building, nor shall such sign extend
above the height of the building. Freestanding signs shall meet the
height requirements of the particular district in which they are located.
(3)
Clearance. No sign structure erected directly upon the ground shall
have less than three feet of clear space between such sign and the
ground; however, necessary supports may extend through such open space.
(4)
Illumination. Signs may be lighted with nonglaring lights or may
be illuminated by shielded floodlights; provided, that lighting is
screened from adjacent properties, and meets PA DOT requirements for
lighted signs.
(5)
Placement. No signs shall be permitted which are posted, stapled
or otherwise permanently attached to public utility poles or trees
within a street right-of-way. No portion of any freestanding sign
shall be located within five feet of any side lot line.
(6)
Construction. All signs, except temporary signs, shall be constructed
of durable material and kept in good condition and repair. Any sign
which is allowed to become dilapidated may, after 30 days' notification,
be removed by the Borough at the expense of the owner or lessee of
the property on which it is located.
(7)
Modification of an existing sign. Any sign that is proposed to be
modified or altered, with the sole exceptions of changing messages
on an electronic or bulletin board style sign, shall be required to
obtain a sign permit for the modification prior to the commencement
of construction.
(8)
No lighted signs of intermittent flashing animated or rotating types
shall be permitted.
(9)
No sign other than those permitted by ordinance shall be erected
or maintained. Upon termination or abandonment of any building or
land use, all signs pertaining to that use must be removed within
60 days of said termination or abandonment.
(10)
No sign shall be mounted or located in such a manner as to block
or restrict the operation of any door or window or to block or restrict
the movement into or out of any exit or entrance of a building or
driveway.
(11)
A sign affixed to any vehicle or other object in such a manner
that the carrying of such sign or signs no longer is incidental to
the primary purpose of the vehicle or objects but becomes a primary
purpose in itself shall be prohibited.
H.
Off-premises signs permitted. The following signs, which do not pertain
to the business or activity conducted on the premises upon which the
sign is located, are permitted in all districts with the express permission
of the property owner:
(1)
Signs upon which are used for directing patrons, members or audiences
to service clubs, churches or nonprofit organizations may be erected,
subject to the following requirements:
I.
J.
Nonconforming signs, once removed, shall be replaced only with conforming
signs; however, nonconforming signs may be repainted or repaired,
provided that such repainted or repaired sign does not exceed the
dimensions of the existing sign. When the cost of repair or restoration
of any nonconforming sign shall exceed 50% of its original value,
said nonconforming sign shall be replaced with a conforming sign.
K.
Interference with traffic and safety. No sign shall be erected, placed
or maintained upon any public right-of-way, and no sign shall be erected,
placed or maintained so that it impedes, interferes with or distracts
from the operation of any traffic control light or sign, official
traffic directional sign or other traffic safety control device or
general traffic safety.
A.
The Borough Planning Commission may identify areas of the Borough
such as, but not limited to, mine holes, quarries, sinkholes, waterways,
areas of naturally occurring physical features, areas of naturally
occurring minerals or chemicals, areas containing hazardous, contaminated
or toxic waste, waste disposal areas and/or waste storage areas which
are considered hazardous or contaminated. These areas could endanger
the public health, safety or welfare by presenting potential hazards
to life, health or property if development occurs in the vicinity
of such hazardous areas.
B.
The hazardous areas shall continue to be considered as such until,
after recommendation by the appropriate state, federal or county agency,
the Borough determines that the hazards have been eliminated or adequate
safeguards against such hazards have been provided.
C.
Except as noted, no occupied building or well shall be located within
300 feet of an identified hazardous area.
D.
An occupied building or well may be located within 300 feet of an
identified hazardous area; provided that a sufficient number of excavations,
borings and/or groundwater tests have been conducted within the area.
The test results shall conclusively determine that the soil, geology
and/or groundwater conditions are not considered hazardous to the
occupant(s). The accuracy of all test results and/or conclusions shall
be certified by a qualified professional.
E.
All wells located within 300 feet of the hazardous area shall be
retested every two years by a certified laboratory to determine if
the water is potable. All costs incurred for the sampling and laboratory
analysis shall be incurred by the property owner. A copy of the certified
results shall be submitted to the Borough.
A.
This chapter shall not apply to any existing or proposed buildings
or extension thereof used or to be used by a public utility corporation
or communication corporation if, upon petition of the corporation,
the Pennsylvania Public Utility Commission or Federal Communication
Commission shall, after a public hearing, decide that the present
or proposed situation of the building in question is reasonably necessary
for the convenience or welfare of the public.
B.
The Kenhorst Borough Planning Commission and Council shall have the
right to require that a land development plan be prepared by and submitted
by the representatives of the Pennsylvania Public Utility Commission
or Federal Communication Commission.
Multifamily developments containing townhouses and/or apartments
are permitted by conditional use within the R-4 and M-1 Zoning Districts.
If a conditional use is granted by Borough Council, the following
conditions shall also apply:
A.
The minimum amount of land within a multifamily development shall
be one acre.
B.
The development shall be served by public sewage disposal facilities
and public water supply facilities.
C.
The overall density of any multifamily development shall not exceed
12 dwelling units per acre.
D.
The maximum building height shall be 40 feet.
E.
A minimum of 30% of the gross area of the development shall be set
aside and dedicated as common open space. No more than 50% of the
required common open space shall be located on lands which are wetlands
and/or floodplain. No parts of the required common open space shall
be occupied by areas designated for utilities, drainage facilities,
easements and/or rights-of-way.
F.
The common open space areas shall be suitable for the designated
purpose and contain no structure or parking facility, except as related
to and incidental to open space uses. Common open space areas may
be reserved for private use or dedicated to the Borough if acceptable
to the Borough. For land which is not dedicated to the Borough, written
agreements satisfactory to and approved by the Borough shall be made
for the perpetual preservation and maintenance of the undedicated
common open space areas.
G.
In lieu of land being designated as common open space within the
proposed development, the applicant may offer a financial contribution
to the Borough of Kenhorst for the maintenance of its existing recreational
facilities. The amount of the fee shall be mutually negotiated and
agreed upon by the applicant and the Borough.
H.
A system for pedestrian circulation throughout the development shall
be provided.
I.
The maximum length of a proposed apartment building shall be 150
feet.
J.
The total number of townhouses or other residential units in combination
with townhouses shall not exceed eight contiguous residential dwelling
units.
K.
No apartment building shall be located within 50 feet of any property
line of the development. The horizontal distance between groups of
apartment buildings shall be a minimum of 50 feet between the closest
structural points.
L.
No townhouse building shall be located within 20 feet of any property
line of the development. The horizontal distance between groups of
townhouse buildings shall be a minimum of 40 feet between the closest
structural points.
M.
No apartment building shall be located within 50 feet of any street
right-of-way line.
N.
No townhouse building shall be located within 30 feet of any street
right-of-way line.
O.
The minimum width of a townhouse shall be 20 feet.
P.
No more than 30% of the total area of the development shall be covered
by buildings. No more than 50% of the total area of the proposed development
shall be covered by impervious surfaces.
Q.
Exterior storage areas for trash and rubbish shall be completely
screened from view on three sides and all trash and rubbish shall
be contained in verminproof containers.
R.
Common parking areas shall not be designed or located to require
cars to back into streets in order to leave the parking areas. All
dead-end parking lots shall provide adequate areas in which emergency
and commercial vehicles can safely maneuver.
S.
Common parking areas and access drives shall be located a minimum
of 10 feet from all structures and from the exterior lot lines of
the proposed development. Common parking areas shall be a minimum
of 10 feet from all street rights-of-way.
T.
Entrance and exitways to parking areas shall have a minimum width
of 12 feet for each lane of traffic entering or leaving the areas.
U.
Parking areas shall be designed to prevent through traffic to other parking areas. No more than 60 parking spaces shall be accommodated in any one parking area. All common parking areas shall be sufficiently screened and landscaped in accordance with the standards specified under § 475-34A, Buffer yards, of this chapter.
V.
Entrances to and exits from common parking areas shall be located
a minimum of 100 feet from the point of intersection of the nearest
street curblines.
Single-family semidetached developments are permitted by right
within the R-3 and R-4 Zoning Districts. The following conditions
shall apply to single-family semidetached developments:
A.
Single-family semidetached developments shall comply with the minimum
and maximum dimensional requirements specified below. All minimum
and maximum dimensional requirements shall be imposed on each individual
dwelling unit.
B.
The side yard setback shall not apply to a common lot line extending
from the common wall.
C.
In addition to these standards and specifications, all proposed developments
containing single-family semidetached dwellings shall be designed
and constructed in accordance with all pertinent Borough ordinances.
Two-family detached developments are permitted by conditional
use in the R-3 and R-4 Zoning Districts. The following conditions
shall apply to two-family detached developments:
A.
Two-family detached developments shall comply with the minimum and
maximum requirements specified below:
B.
In addition to these standards and specifications, all proposed developments
containing two-family detached dwellings shall be designed and constructed
in accordance with all pertinent Borough ordinances.
Tourist, bed-and-breakfast, rooming or boarding houses are permitted
by right within the M-1 Zoning District and by conditional use within
the R-4 Zoning District. If permitted, the following conditions shall
also apply:
A.
A tourist, bed-and-breakfast, rooming or boarding house shall be
permitted only in a single-family detached dwelling and shall be owner-occupied
and on a single lot of record.
B.
A tourist, bed-and-breakfast, rooming or boarding house shall not
have more than five rental units and shall not house more than 10
guests.
C.
Each house shall contain complete washing and bathing facilities
and a central kitchen with complete cooking facilities. No cooking
facilities of any kind shall be permitted in any rental unit.
D.
A minimum of one off-street parking space shall be required for each
occupant and guest of the house.
E.
The applicant shall provide documentation to Borough Council that
all plumbing, heating, electrical, sanitary sewer, storm sewer and
similar facilities comply with all applicable ordinances, regulations
and laws of Kenhorst Borough and/or the Commonwealth of Pennsylvania.
Salvage yards are permitted by special exception in the C-2
Zoning District. If a special exception is granted by the Zoning Hearing
Board, the following conditions shall apply:
A.
All salvage yards shall be enclosed with a fence a minimum of 15
feet in height with gates. Gates shall be securely locked, except
during business hours when an adult attendant is on the premises.
B.
No operation, activity, use or occupation of any type for the salvage
yard shall be carried on within 100 feet of any property line and/or
within 100 feet of any street right-of-way.
C.
A fifty-foot-wide buffer yard shall completely surround all areas used for the storage of salvage material. The buffer yard shall sufficiently screen all stored salvage material and fencing from the view of adjacent property owners. No materials of any nature shall be stored within this buffer yard; in addition, the buffer yard shall meet all pertinent standards specified under § 475-34A of this chapter.
D.
All salvage shall be stored and arranged so as to permit access by
firefighting equipment and to prevent any accumulation of stagnant
water. No materials of any nature shall be piled to a height of more
than six feet from the ground.
E.
All liquids and/or fluids shall be drained from any junk or scrapped
automobiles. Liquids and/or fluids in an amount not exceeding 10 gallons
may be stored aboveground in approved containers. Gasoline which is
kept on the premises shall not exceed 1,000 gallons and shall be stored
aboveground in a manner approved by the Pennsylvania Department of
Environmental Protection (PA DEP), Underwriter Laboratories and/or
the State Fire Marshal. No garbage and/or organic waste shall be permitted
to be stored on any salvage yard.
Adult business uses have been defined under § 475-9 of this chapter. Adult business uses are permitted as a special exception in the C-2 Zoning District. If a special exception is granted by the Zoning Hearing Board, the applicant is subject to all of the conditions and standards specified below:
A.
No adult business use shall be located within 1,000 feet of any other
existing adult business use, as measured from the property lines on
which the adult business use is proposed to be located.
B.
No adult business use shall be located within 200 feet (measured
from the property line) of any residential zoning district.
C.
No adult business use shall be located within 500 feet (measured
from the property line) of any churches, monasteries, chapels, convents,
rectories, public playgrounds, public parks, public swimming pools,
public libraries.
D.
No adult business use shall be located within 1,000 feet (measured
from the property line) of any schools up to or including the 12th
grade or equivalent, and their adjacent recreation areas.
E.
No adult business use shall be located within 1,000 feet (measured
from the property line) of any private or public preschool and/or
day-care center.
F.
An adult business use shall not be considered as a use which is permitted as a home occupation, as defined and permitted under § 475-23 of this chapter.
G.
All storage and displays shall be located in the building.
H.
All business transactions that are conducted on the premises shall
be in an enclosed building. All adult business uses shall operate
between the hours of 9:00 a.m. and 9:00 p.m.
I.
Applications for adult business uses shall be accompanied by a site
plan. The minimum information required on the site plan shall include
the adult business use intended, the location and elevation of all
buildings, structures, walls, fences and landscaping on the site,
the off-street parking areas and traffic circulation patterns, and
the location, dimensions and content of all signs, displays and advertising.
J.
Applications for adult business uses shall include a statement providing
specific information on each individual, partner, store manager(s),
corporate officer, corporate director or corporate stockholders owning
more than 3% of the issued and outstanding stock of a corporate applicant,
comprising the applicant to include the complete name, address and
telephone number.
K.
In the event of the proposed sale, resale or reassignment of interest of an adult business use established under the terms of this chapter, Borough Council shall be notified of such proposed change of ownership. Such notification shall include the documentation required in Subsection I of this section. Failure to notify the Board shall constitute grounds for the termination or revocation of the conditional use permit.
L.
In addition to other applicable regulations of Kenhorst Borough and
state laws, the following shall apply to all adult business use signs
and other visible messages:
(1)
Sign messages shall be limited to written descriptions of material
or services available on the premises.
(2)
Sign messages shall not include any graphic or pictorial depiction
of material related to specific sexual activities or anatomical areas.
(3)
Advertisements, displays or other promotional materials related to
specific sexual activities or anatomical area shall not be shown or
exhibited so as to be visible to the public from the exterior of the
building.
(4)
Adult business uses shall be limited to two square feet in sign area,
with lettering on said signs not exceeding four inches in height.
(5)
The entrance of the adult business should include a sign warning
all individuals that the premises is classified as an adult business.
Shopping centers are permitted by right in the C-2 Zoning District
and shall be subject to all conditions and standards specified below:
A.
Shopping centers shall consist of harmonious land uses, structures
and services.
B.
Permitted uses shall include retail business establishments, personal
business establishments, business, professional or banking offices,
restaurants, cafes or similar use and accessory uses associated with
shopping centers.
C.
Shopping centers shall be in single ownership or under a guaranteed
unified management control. The shopping center must have at least
one on-site manager or a designated individual whose office and residence
is located within a reasonable distance of Kenhorst Borough as determined
appropriate by Borough Council. The owner shall provide the Borough
with a complete list of on-site managers or designated individuals
on an annual basis. The list shall include the name, address and telephone
number of each on-site manager or each designated individual.
D.
All means of ingress and/or egress shall be located at least 200
feet from any other intersecting street and shall be designed to accommodate
traffic in a safe and efficient manner. The developer shall be responsible
for the purchase and installation of any traffic control devices and
the construction of additional acceleration and/or deceleration lanes
as may be required by the Pennsylvania Department of Transportation
or the Borough. The developer will also be responsible for any pertinent
traffic studies that may be required by the Borough of Kenhorst, County
of Berks, and/or the Pennsylvania Department of Transportation.
E.
Interior accessways shall be designed so as to prevent traffic congestion
at points of ingress and egress. Areas designated for the loading
or unloading of trucks and/or other commercial vehicles shall be planned
and arranged so they may be utilized without interfering with the
interior traffic circulation and parking facilities.
F.
Lighting for buildings, signs, accessways and parking areas shall
be arranged so they do not reflect towards any public street or residential
zoning districts.
G.
All principal buildings and structures for the shopping center shall
be located a minimum of 50 feet from any street right-of-way and a
minimum of 50 feet of any property line.
H.
All lot lines shall be screened by a buffer yard with a minimum depth of 30 feet. The buffer yard shall be consistent with standards specified under § 475-34A, Buffer yards, of this chapter.
I.
Exterior storage areas for trash and rubbish shall be properly screened.
All containers shall be airtight, verminproof and have adequate storage
capacity to accommodate the projected volumes of solid waste. No such
storage area will be permitted within 30 feet from any lot line.
Professional office/research parks are permitted by conditional
use in the C-2 Zoning District. All professional office/research parks
shall be subject to all pertinent conditions and standards specified
below:
A.
Office/research parks shall consist of harmonious land uses, structures
and services.
B.
Permitted uses shall include business, professional or governmental
offices, laboratory and research facilities and accessory uses associated
with office/research parks.
C.
Retail business and service establishments are permitted; provided,
they are designed and intended primarily to serve the employees within
the office/research park. These uses shall not exceed 5% of the gross
floor area of the office/research park.
D.
All means of ingress and/or egress shall be located at least 200
feet from any other intersecting street and shall be designed to accommodate
traffic in a safe and efficient manner. The developer shall be responsible
for the purchase and installation of any traffic control devices and
the construction of additional acceleration and/or deceleration lanes
as may be required by the Pennsylvania Department of Transportation
or the Borough. The developer will also be responsible for any pertinent
traffic studies that may be required by Kenhorst Borough, Berks County
and/or the Pennsylvania Department of Transportation.
E.
Interior accessways shall be designed so as to prevent traffic congestion
at points of ingress and egress. Areas designated for the loading
or unloading of trucks and/or other commercial vehicles shall be planned
and arranged so they may be utilized without interfering with the
interior traffic circulation and parking facilities.
F.
Lighting for buildings, signs, accessways and parking areas shall
be arranged so they do not reflect towards any public street or residential
zoning districts.
G.
All principal buildings and structures for the professional office/research
park shall be located a minimum of 50 feet from any property line
and a minimum of 50 feet of any street right-of-way.
H.
All lot lines shall be screened by a buffer yard with a minimum depth of 30 feet. The buffer yard shall be consistent with standards specified under § 475-34A, Buffer yards, of this chapter.
I.
Exterior storage areas for trash and rubbish shall be properly screened.
All containers shall be airtight, verminproof and have adequate storage
capacity to accommodate the projected volumes of solid waste. No such
storage area will be permitted within 30 feet from any lot line.
A.
The United States Army Corps of Engineers, in conjunction with the
Pennsylvania United States Environmental Protection Agency, have defined
the term "wetlands" as those areas that are inundated or saturated
by surface or groundwater at a frequency and duration sufficient to
support, and that under normal circumstances do support, a prevalence
of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs and similar areas.
The three major characteristics of wetlands include vegetation, soil
and hydrology.
B.
All land designated as "wetlands" within Kenhorst Borough are regulated
by state and federal agencies and are subject to their regulations,
controls and restrictions.
C.
For all subdivision and land development applications, the Borough
shall determine whether a wetlands delineation will be required by
a qualified professional. Delineated wetlands shall be accompanied
by a technical report and data forms.
D.
Unless a jurisdictional determination has been completed by either
the Army Corps of Engineers, Pennsylvania Department of Environmental
Protection and/or United States Environmental Protection Agency, a
twenty-five-foot buffer zone shall be applied to all areas delineated
as wetlands. Within this twenty-five-foot buffer zone, no earth disturbance
or land development activity shall be permitted.
E.
If the applicant disputes any provisions specified under this section,
the applicant shall be responsible for a jurisdictional determination
conducted by either the Army Corps of Engineers, Pennsylvania Department
of Environmental Protection and/or United States Environmental Protection
Agency.
F.
All pertinent costs incurred as a result of the jurisdictional determination
shall be the responsibility of the applicant or developer and not
the Borough.
A.
The Special Flood Hazard Areas (SFHAs) shall be an overlay to the
existing underlying districts as depicted on the latest update to
the Kenhorst Borough Flood Insurance Rate Map prepared by the Federal
Emergency Management Agency. As such, these provisions regulating
floodplain management shall be a supplement to the underlying district
provisions.
B.
The purpose of establishing provisions for floodplain management
is to promote and protect the general health, welfare and safety of
the community, encourage the utilization of appropriate construction
practices, minimize potential hazards to public health, reduce financial
burdens imposed on the community and government and to regulate all
development within the one-hundred-year floodplain.
A.
Solar energy systems.
(1)
The use of solar energy systems, including solar collectors, storage
facilities, distribution components, heating and cooling facilities,
is a permitted use in all zoning districts.
(2)
All developments and/or structures shall be oriented to the fullest
extent possible to maximize the use of passive and/or active solar
applications as would be appropriate for the site.
(3)
Detached solar collectors used solely for such purposes shall be
considered permissible accessory structures in districts.
(4)
The solar collector shall be used as part of the functioning solar
energy system.
(5)
Abandonment and removal. Any solar panel (roof or ground) that has
not been in active and continuous service for a period of one year
shall be removed from the property to a place of safe and legal disposal.
(6)
The design of solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening and landscaping
that will blend the facility into the natural setting and existing
environment.
(7)
Setbacks, placement and height restrictions:
(a)
Ground-mounted solar energy systems.
[1]
A solar energy system must comply with all height requirements
for the zoning district where the solar energy system is to be installed.
[2]
All ground arrays shall be set back a distance of 1.1 times
the structure height from all property lines, building setbacks, whichever
is greater, or comply with the required residential district or be
in conformance with the bulk standards in nonresidential districts
as provided herein.
[3]
All exterior electrical and/or plumbing lines must be buried
below the surface of the ground and be placed in a conduit if more
than six feet from structure.
[4]
Ground-mounted solar energy systems shall not be located in
the required front yard setback.
[5]
Ground arrays shall be located so that any reflection is properly
buffered from an adjoining property or roadway.
[6]
The surface area of a ground-mounted system, regardless of the
mounted angle, shall be calculated as part of the overall lot coverage.
Of the allowable lot coverage, the surface area of a ground-mounted
system shall not constitute more than 25% of the allowable lot coverage.
(b)
Roof-mounted solar energy systems.
[1]
Permitted roof-mounted solar panels shall include integrated
solar panels as the surface layer of the roof structure with no additional
apparent change in relief or projection, or separate flush-mounted
solar panels attached to the roof surface, unless solar pitch or system
efficiency dictates the need for relief to the satisfaction of the
Code Enforcement Officer.[1]
[2]
The height of roof-mounted systems on the principal buildings
or accessory buildings shall not extend more than three feet above
the finished roof peak to which it is mounted. In no instance shall
any part of the system extend beyond the edge of the roof.
[3]
Solar roof-mounted panels shall be placed such that concentrated
solar radiation or glare shall not be directed onto nearby properties
or roadways.
B.
Wind energy systems.
(1)
Wind turbines for residential use shall be permitted as an accessory
use within all zoning district(s). However, zoning and building permits
must be obtained prior to the construction of the same, and the same
shall comply with the following:
(a)
One personal wind turbine or windmill shall be permitted per
property.
(b)
Personal wind turbines shall not be permitted within the front
yard of any property as defined by the Zoning Ordinance unless permitted
by Borough Council.
(c)
Wind turbines shall not create noise which is perceptible beyond
the property line.
(d)
The height of the wind turbine shall be a minimum of 15 feet
from the ground surface to the tip of the blade, and the turbine height
nor any position of the structure shall not be greater than the shortest
horizontal distance to any property line, but cannot exceed 50 feet
in height unless permitted by Borough Council.
(e)
Zoning and building permit applications for a wind turbine shall
include a statement from a registered professional engineer indicating
that acceptable structural engineering principles have been applied
to the proposed construction of the unit which will result in a satisfactory
level of safety. Such statement shall address the forces on the foundation
(including live and dead loads), allowable and actual forces on cables,
rods and braces, soil-bearing pressures, wind-loading forces and the
safety factor against overturning.
(2)
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
(3)
Visible, reflective, colored objects, such as flags, reflectors,
or tape shall be placed on anchor points of guy wires and along the
guy wires up to a height of 10 feet from the ground.
(4)
Wind turbines shall not be climbable up to 15 feet above ground surface.
(5)
All access doors to wind turbines and electrical equipment shall
be locked or fenced, as appropriate, to prevent entry by nonauthorized
persons.
(6)
Setbacks.
(a)
Wind turbines shall be set back from the nearest occupied building
a distance of not less than the maximum setback requirements for that
zoning district where the turbine is located or 1.1 times the turbine
height/structure height, whichever is greater. These setback distances
shall be measured from the center of the wind turbine base to the
building envelope of the occupied building.
(b)
Wind turbines shall be set back from the nearest occupied building
located on a nonparticipating landowner's property a distance
of not less than five times the highest point of the wind turbine
to the nearest point on the building envelope of the occupied building.
(c)
All wind turbines shall be set back from the nearest property
line a distance not less than the maximum setback requirements for
that zoning district where the turbine is located or 1.1 times the
turbine height, whichever is greater. The setback distance shall be
measured to the center of the wind turbine base.
(d)
All wind turbines shall be set back from the nearest public
road a distance not less than 1.1 times the turbine height, as measured
from the right-of-way line of the nearest public road to the center
of the wind turbine base.
(7)
The facility owner shall, at its expense, complete removal of any
wind turbines, within 12 months after the end of the useful life.
The wind turbines will be presumed to be at the end of its useful
life, if no electricity is generated for a period of 12 months.
A.
All activities which require the moving of earth or the filling or
excavating of an area shall submit a plan to the Borough showing site
grading and erosion control measures. If required by the Borough,
an erosion and sedimentation control plan shall be submitted to the
Berks County Conservation District for its review.
B.
The existing grade of an area shall not be increased so that unstable
slopes are created.
C.
The surface area of any yard adjacent to a building or structure
shall be graded so that the surface water will be drained away from
such structure.
D.
Topsoil shall not be stripped from any site within Kenhorst Borough,
unless it is directly affiliated with the subdivision and/or development
of land. Unless otherwise permitted by the Kenhorst Borough Council,
topsoil shall not be removed from any site or development within the
Borough of Kenhorst.
E.
The on-site burial of trees, stumps or construction materials is
prohibited. Trees and stumps may be chipped and spread on the site
or hauled from the site for proper disposal.
A.
All cellular and wireless communication companies shall provide written
notice to the Kenhorst Borough Council of the intent to provide service
and/or structures within the Borough.
B.
The cellular and wireless communication company shall research the
feasibility of locating any facilities on municipal or community-owned
lands prior to executing any agreements with any landowner.
C.
All development shall be consistent with the development standards
and guidelines specified by the Pennsylvania Department of Transportation,
Bureau of Aviation.
D.
The Borough of Kenhorst has adopted a Telecommunication Facility Ordinance. This ordinance shall be referenced as Chapter 424, Telecommunications Towers and Antennas, of the Code of the Borough of Kenhorst. The purpose and intent of this chapter is to provide controls, regulations and procedural requirements for telecommunications facilities within the Borough.
E.
For the purposes of this chapter, all telecommunications facilities
shall conform with the requirements outlined under the Kenhorst Borough
Telecommunication Facility Ordinance, as amended.
A.
All general blasting and/or detonation operations shall conform with
the regulations enforced by the aforesaid agencies of the Commonwealth
of Pennsylvania and the federal government.
C.
Written notice of all blasting operations shall be given at least
24 hours prior to the commencement of blasting to the Borough and
to the occupants of all properties within a radius of 1,000 feet of
the location of blasting. In addition, notice shall be given to the
regional fire department, police department and all sensitive business
ventures.
D.
All blasting operations shall be conducted by a licensed blaster.
A copy of all applicable licenses and certificates of insurance shall
be provided to Kenhorst Borough at least 24 hours prior to the commencement
of blasting.
E.
The storage of explosives shall not be permitted within the Borough
of Kenhorst.
A.
A kennel shall be considered as a commercial establishment, structure,
lot or portion of a lot in which five or more domesticated pets more
than six months old are kept for the purpose of breeding, boarding,
sale and/or show.
B.
The minimum area for a kennel operation shall be 10 acres.
C.
No animal shelter shall be located within 100 feet (measured from
the property line) of any property line. No animal runs shall be permitted
within 50 of any property line.
D.
The sewage disposal system and water supply system shall be sized
and permitted for the proposed use. The storage of any manure or animal
waste shall be kept in an enclosed structure and located at least
200 feet of any property line. A plan for manure management shall
be submitted to the Borough for approval.
E.
Retail sales of related items shall be limited to a maximum floor
area of 1,000 square feet. Shows and/or competitions which occur on
the property shall be limited to one per year.
F.
The perimeter of the kennel operation shall be enclosed with a fence
with minimum height of eight feet with gates.
G.
No animal which is kept on site shall be permitted outside between
the hours of 9:00 p.m. to 7:00 a.m.
A.
Each mobile home shall be provided with a permanent concrete or masonry
foundation that will not heave, shift, settle or move due to front
action, inadequate drainage, vibration or other forces acting on the
foundation. The foundation shall be of adequate size, material and
construction so as to be durable and adequate for the support of the
maximum anticipated loads during all seasons of the year. An open
space between a mobile home floor and a mobile home foundation shall
be permanently enclosed to prevent unauthorized entry and to conceal
supports and utility connections. Every mobile home shall be anchored
to the wind forces and uplift. The anchorage shall be adequate to
withstand wind forces and uplift as specified for buildings and structures
in the current building code of the Borough.[1]
B.
The application for placement of the mobile home shall be accompanied
by specifications for the foundation and anchoring and calculations
indicating that the foundation and anchoring are adequate to meet
the standards of this section.
A.
Applicability.
(1)
An environmental and historical assessment statement shall be required
for any subdivision plan creating three or more lots.
(2)
The assessment statement shall be prepared by a qualified professional.
Qualifications of the professional shall be submitted by the Borough.
(3)
For the environmental assessment, the study and statement shall be
completed by a professional engineer, wetlands scientist, biologist,
or related disciplines hired by the applicant.
(4)
For the historical assessment, the study and statement shall be completed
by an expert in historic preservation, historical architecture, or
related disciplines hired by the applicant.
B.
Content of assessment statements. The purpose of the assessment is
to determine the impact of the project on the existing site and the
resultant changes the proposal will have on the immediate site and
surrounding area. In the preparation of this document, only factual
information, not subjective qualitative statements, shall be presented.
(1)
Overall description. Describe the proposed or recommended actions,
its purposes, where it is to be located, when it is proposed to take
place and its interrelationship with other projects or proposals,
including information and technical data sufficient to permit assessment
of environmental impact by reviewing agencies.
(2)
Environmental description. Include a comprehensive description of
the existing environmental characteristics without the proposal and
the probable future environment with the proposals. This description
should focus both on the environmental details most likely to be affected
by the proposal and on broader regional aspects of the environment,
including ecological interrelationships, existing land use, and wildlife
habitat. Particular attention should be given to the potential effects
of past or present use of this site as a dumping ground, repository
of toxic or hazardous wastes, or other potential sources of contamination.
(3)
Historical description. Include a comprehensive description of the
historic resources in and around the site that will or may be impacted.
The description should focus on both registered and unregistered buildings,
sites, and areas. Particular attention should be given to potential
noise, light and aesthetic impacts from the proposal.
(4)
The environmental and historical impact of the proposed action. These
impacts are defined as direct or indirect changes in the existing
environment, historical structures and character of the area, either
beneficial or detrimental. These impacts should be quantified. This
discussion should include the impact not only upon the natural environment
but upon land as well. Provide separate discussions for such potential
impacts as man-caused accidents and natural catastrophes and their
probabilities and risks. Specific mention should also be made of unknown
or partially understood impacts.
(5)
Mitigating measures included in the proposed action. Include a discussion
of measures which are proposed to be taken or which are required to
be taken to enhance, protect or mitigate impacts upon the environment,
including any associated research or monitoring. The beneficial and
adverse effects of the alternatives should be discussed, along with
the reasons for rejection. Where appropriate, consideration should
be given to alternate construction methods which may avoid degradation.
C.
Detailed environmental assessment. The applicant shall prepare an
Existing Conditions Map of the parcel, which shall identify and calculate
the areas composed of the following resources:
(1)
Natural resources.
(a)
Special flood hazard areas (one-hundred-year);
(b)
Wetlands;
(c)
Watercourses, including lakes, ponds and streams;
(d)
Areas of steep slope, including areas of very steep slopes (25%
and over) and areas of steep slopes (between 15% and 25%);
(e)
Woodlands;
(f)
Wetland margins (the areas within 100 feet of a wetland).
D.
Detailed historic resource assessment. The applicant shall prepare
a written report with supporting plans, maps and photographs to clearly
document and describe the following:
(1)
Background information.
(a)
A general site description, including topography, watercourses,
vegetation, landscaping, existing drives and other site features.
(b)
General description of all historic resources located on the
subject tract, on tracts immediately adjacent to the subject tract
or within 100 feet of the subject tract.
(c)
Physical description of all historic resources.
(d)
Statement of the significance of each historic resource, both
relative to the Borough and region in general.
(e)
Sufficient numbers of photographs to show every historic resource.
(f)
Narrative description of the historical development of the subject
tract.
(2)
Proposed alterations.
(a)
General description of project, including timetable or phases.
(b)
Description of impact on each identified historic resource,
with regard to architectural integrity, historic setting and future
use.
(c)
General description of effect and noise, traffic, blasting and
other demolition or excavation activities and any other impacts generated
by the proposed change on each historic resource.
(3)
Mitigation measures. A plan for mitigating the project's impact
on historic resources, including design alternatives, buffering, landscaping
and any other appropriate measures permitted under the terms of this
chapter and other ordinances shall be submitted for review and approval
by Planning Commission.
No building or structure shall be demolished by neglect. Demolition
by neglect includes leaving a building or structure open, vulnerable
to vandalism, decay by the elements, or as otherwise defined in the
property maintenance code adopted by the Borough.[1] Demolition by neglect will be considered to be the readily
observable deterioration of a building or structure due to lack of
routine maintenance. Unoccupied structures should be tightly sealed
and/or secured by fencing. If a building or structure becomes partially
or wholly demolished by neglect, the Borough may, however is not obligated
to, enter the property to either seal and secure or demolish the building
or structure upon thirty-day notification to the property owner when
the owner has not attempted to correct the violation.
Group homes are facilities, associated with an institution of
higher education, which are designed or used as a residence for students
enrolled at said institution of higher learning. Group homes are subject
to the following regulations:
B.
A nonstudent, full-time resident manager is required to live on the
premises.
C.
The facility must be officially recognized or owned by the college
or university.
D.
The frequency and duration of organized outdoor activities and social
events shall be limited to a maximum of one per calendar quarter to
minimize adverse impacts on neighboring properties.
A.
The occupancy of a dwelling shall be regulated by the definition
of "family."
B.
A student home shall meet the same regulations as apply to the type
of dwelling unit, in addition to the student home regulations.
E.
Where a student home is lawfully nonconforming because it is occupied
by three or less college or university students, the use shall only
be allowed to continue in such nonconforming manner if the owner registers
such nonconformity with the Zoning Officer within 60 days after the
enactment of this chapter or the amendment that made the use nonconforming.[2]
F.
For all new student housing, the zoning application shall include
a site plan and architectural plans, drawn to scale. All new student
housing plans and all applications to register existing student housing
with the Zoning Officer shall also demonstrate the location and dimensions
of off-street parking, private entrances, and walkways, the dimensions
and square footage of each room and storage space and shall indicate
the intended use of each room.[3]
G.
The housing arrangement must meet the standards for the Borough of
Kenhorst building, housing and fire codes as required for residential
rental properties. The owner must verify to the Zoning Officer on
an annual basis that the building meets all of the plumbing, electrical,
heating, building, fire and similar standards set by the Borough and
the Commonwealth of Pennsylvania.[4]
H.
The owner of any student housing dwelling must be able to demonstrate to the Zoning Officer each year that there is sufficient off-street parking to allow for the number of spaces required by § 475-43C of this chapter. Student housing units are limited in occupancy to the number of off-street parking spaces per student/occupant of the dwelling unit as provided in § 475-43C of this chapter. In the event an existing student home is nonconforming as it relates to parking criteria, the owner shall have one year from the adoption of this chapter to demonstrate parking that complies with this chapter.[5]
I.
No cooking facilities of any kind shall be located in any room except
the central kitchen.
J.
Every bedroom shall be at least 70 square feet of floor area and
there shall be no more than two occupants per bedroom.
L.
No student home shall be located within 500 linear feet of any other
lot on which is established a student home, except by variance, measured
by the shortest distance between the two lots where the proposed student
home is located (including but not limited to each existing student
home use located in any district which is of a different designation
than the district in which the new student home use is proposed).
M.
A single-family detached dwelling used as a student home shall have
a floor area of at least 1,000 square feet, exclusive of basements,
garages and accessory buildings.
N.
A student home shall meet the area and bulk requirements for the
type of dwelling in the applicable zoning district where such use
is proposed.
O.
The owner of a student home, or the agent or manager of the student
home, shall annually register the student home per the provisions
of the Borough Rental Ordinance.
P.
Except as noted above relative to nonconformities, student housing
shall not be permitted in any zoning district except as explicitly
set forth in this chapter.
A.
All building conversions shall be considered special exceptions,
regardless of if the proposed use is permitted by right or conditional
use.
B.
All conversions of an existing structure shall meet all applicable
requirements of the Zoning Ordinance for the proposed use unless a
variance is granted by the Zoning Hearing Board.
C.
Upon approval by the Zoning Hearing Board for a new use, a zoning
permit is required.
D.
Permitting in accordance with Borough standards of any modifications
to the structure or parcel are required prior to the commencement
of work.
A.
Relationship to other provisions. The provisions of this section
create an overlay zoning district which is applicable within airport
surface zones in all other zoning districts established by this chapter.
To the extent the provisions of this section are applicable and more
restrictive, they shall supersede conflicting provisions within all
other sections of this chapter and all other ordinances of Kenhorst
Borough. However, all other provisions of all other sections of this
chapter and all other ordinances of Kenhorst Borough shall remain
in full force.
B.
AIRPORT ELEVATION
AIRPORT HAZARD
AIRPORT HAZARD AREA
APPROACH SURFACE (ZONE)
CONICAL SURFACE (ZONE)
FAA
HEIGHT
HORIZONTAL SURFACE (ZONE)
LARGER-THAN-UTILITY RUNWAY
NONCONFORMING USE
NON-PRECISION-INSTRUMENT RUNWAY
OBSTRUCTION
PRECISION INSTRUMENT RUNWAY
PRIMARY SURFACE (ZONE)
RUNWAY
STRUCTURE
TRANSITIONAL SURFACE (ZONE)
TREE
UTILITY RUNWAY
VISUAL RUNWAY
Definitions. The following words and phrases, when used in this section,
shall have the meanings given to them in this subsection, unless the
context clearly indicates otherwise:
The highest point of an airport's usable landing area
measured in feet above sea level.
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight or aircraft in landing
or taking off at an airport or is otherwise hazardous.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this section.
An imaginary surface longitudinally centered on the extended
runway center line and extending outward and upward from each end
of the primary surface. An approach surface is applied to each end
of the runway based on the planned approach. The inner edge of the
approach surface is the same width as the primary surface and expands
uniformly depending on the planned approach. The approach surface
zone.
An imaginary surface extending outward and upward from the
periphery of the horizontal surface at a slope of 20 feet horizontally
to one foot vertically for a horizontal distance of 4,000 feet.
Federal Aviation Administration of the United States Department
of Transportation.
For the purpose of determining the height limits in all zones
set forth in this section and shown on the Zoning Map, the datum shall
be mean sea level elevation unless otherwise specified.
An imaginary plan 150 feet above the established airport
elevation that is constructed by swinging arcs of various radii from
the center of the end of the primary surface and then connecting the
adjacent arc by tangent lines. The radius of each arc is based on
the planned approach.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of greater than 12,500 pounds' maximum
gross weight and jet-powered aircraft.
Any preexisting structure, object of natural growth, or use
of land which is inconsistent with the provisions of this section
or an amendment thereto.
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance,
or area type navigation equipment, for which a straight-in non-precision-instrument
approach procedure has been approved or planned.
Any structure, growth, or other object, including a mobile
object which exceeds a limiting height set forth by this section.
A runway having an existing instrument approach procedure
utilizing an Instrument Landing System (ILS) or a Precision Approach
Radar (PAR). It also means a runway for which a precision approach
system is planned and is so indicated on an approved airport layout
plan or any other planning document.
An imaginary surface longitudinally centered on the runway,
extending 200 feet beyond the end of paved runways or ending at each
end of turn runways. The elevation for any point on the primary surface
is the same as the elevation of the nearest point on the runway center
line.
A defined area of an airport prepared for landing and takeoff
of aircraft along its length.
An object, including a mobile object, constructed or installed
by man, including but without limitation, buildings, towers, cranes,
smokestacks, earth formation and overheard transmission lines.
An imaginary surface that extends outward and upward from
the edge of the primary surface to the horizontal surface at a slope
of seven feet horizontally to one foot vertically. The transitional
surface zone as shown on the Zoning Map is derived from the transitional
surface.
Any object of natural growth.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of 12,500 pounds' maximum gross weight
or less.
A runway intended solely for the operation of aircraft using
visual approach procedures.
C.
Airport approach surface zone. In order to carry out the provisions
of this section, there is hereby created and established a certain
zone which includes all of the land lying beneath the approach surface
as it applies to the Reading Regional Airport, and is shown on the
Zoning District Map.
D.
Airport surface zone height limitations. Except as otherwise provided
in this section, no structure shall be erected, altered, or maintained,
and no tree or other natural growth shall be allowed to grow in any
zone created by this section to a height in excess of the applicable
height limit herein established for such zone. The datum for all height
limits shall be mean sea level elevation. Such applicable height limitations
are hereby established for each of the zones in question as follows:
(1)
Utility runway visual approach surface zone. Slopes 20 feet outward
for each one foot upward beginning at the end of the runway and at
the same elevation as the primary surface, 343 feet above mean sea
level, and extending to a horizontal distance of 5,000 feet along
the extended runway center line.
(2)
Excepted height limitations. Nothing in this section shall be construed
as prohibiting the construction or maintenance of any structure, or
growth of any tree or other natural growth to a height up to 35 feet
above the surface of the land.
E.
Airport zoning requirements.
(1)
Use restrictions. Notwithstanding any other provisions of this section,
no use may be made of land or water within any zone established by
this section in such a manner as to create electronic interference
with navigational signals or radio communication between the airport
and aircraft, make it difficult for pilots to distinguish between
airport lights and others, result in glare or smoke in the eyes of
pilots using the airport, impair visibility in the vicinity of the
airport, create bird strike hazards, or otherwise in any other way
endanger or interfere with the landing, takeoff, or maneuvering of
aircraft intending to use the airport.
(2)
Nonconforming uses.
(a)
Regulations not retroactive. The regulations prescribed by this
section shall not be construed to require the removal, lowering, or
other change or alteration of any structure or tree or other natural
growth not conforming to the regulations as of the effective date
of this chapter, or otherwise interfere with the continuance of any
nonconforming use. Nothing contained herein shall require any change
in the construction, alteration, or intended use of any structure,
the construction or alteration of which has begun prior to the effective
date of this chapter, and is diligently executed.
(b)
Marking and lighting. Notwithstanding the preceding provision
of this section, the owner of any existing nonconforming structure
or tree or other natural growth is hereby required to permit the installation,
operation, and maintenance thereon nearby of such markers and lights
as shall be deemed necessary by the Airport Administrator to indicate
to the operators of aircraft in the vicinity of the airport the presence
of such airport obstruction. Such markers and light shall be installed,
operated, and maintained at the expense of the owner, municipality,
or Reading Regional Airport.
F.
Permits and variances. The following specific requirements pertaining
to permits and variances within the Airport Hazard District shall
be applicable in addition to the ordinance requirements:
(1)
Future uses. Except as specifically provided hereunder, no material
change shall be made in the use of land, no structure shall be erected
or otherwise established, and no tree or other natural growth shall
be planted in any zone hereby created within this section unless a
permit therefor shall have been applied for and granted. Each application
for a permit shall indicate the purpose for which the permit is desired,
with sufficient particularity to permit it to be determined whether
the resulting use, structure, or tree or other natural growth would
conform to the regulations herein prescribed. If such determination
is in the affirmative, the permit shall be granted.
(a)
In the area lying within the limits of the horizontal zone and
conical zone, no permit shall be required for any tree or structure
less than 75 feet of vertical height above the ground, except when,
because of terrain, land contour, or topographic features, such tree
or structure would extend above the height limits prescribed for such
zones.
(b)
In areas lying within the limits of the approach zones, but
at a horizontal distance of not less than 4,200 feet from each end
of the runway, no permit shall be required for any structure or tree
or other natural growth less than 75 feet of vertical height above
the ground, except when, because of terrain, land contour or topographic
features, such structure or tree or other natural growth would extend
above the height limit prescribed for such approach zones.
(c)
In the areas lying within the limits of the transition zones
beyond the perimeter of the horizontal zones, no permit shall be required
for any structure or tree or other natural growth less than 75 feet
of vertical height above the ground, except when such structure or
tree or other natural growth, because of terrain, land contour, or
topographic feature, would extend above the height limit prescribed
for such transitions zones.
(d)
Nothing contained in any of the foregoing exceptions shall be
construed as permitting or intending to permit any construction, or
alteration of any structure, or growth of any tree or other natural
growth in excess of any of the height limits established by this section,
except that no permit is required to make maintenance repairs to or
to replace parts of existing structures which do not enlarge or increase
the height of an existing structure.
(2)
Existing uses. Before any nonconforming structure may be replaced,
substantially altered or rebuilt or any nonconforming tree or other
natural growth is allowed to grow higher or replanted, a permit must
be secured from the Zoning Officer. No permit shall be granted that
would allow the establishment or creation of an obstruction or permit
a nonconforming use, structure, or tree or other natural growth to
become a greater hazard to air navigation than it was on the effective
date of this chapter or any amendments thereto or than it is when
the application for a permit is made.
(3)
Variance. As regulated by Act 164[1] and defined by 14 CFR 77.13(a) (as amended or replaced),
any person who plans to erect a new structure, to add to an existing
structure, or to erect and maintain any object (natural or man-made),
in the vicinity of the airport, shall first notify the Department's
Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain
an obstruction review of the proposal at least 30 days prior to commencement
thereof. Any application for a variance shall be accompanied by a
determination from the Federal Aviation Administration as to the effect
of the proposal on the operation of air navigation facilities and
the safe, efficient use of navigable air space. Additionally, no application
for variance to the requirements of this section may be considered
by the Zoning Hearing Board unless a copy of the application has been
furnished to the Airport Manager (or person of equal description)
for advice as to the aeronautical effects of the variance. If the
Airport Manger (or person of equivalent description) does not respond
to the application within 15 days after receipt, the Zoning Hearing
Board may act without such input to grant or deny said application.
Any request for a variance shall include documentation in compliance
with 14 CFR Part 77, Subpart B (FAA Form 7460-1, as amended or replaced).
Determinations of whether to grant a variance will depend on the determinations
made by the FAA and the Department's BOA as to the effect of
the proposal on the operation of air navigation facilities and the
safe, efficient use of navigable air space. In particular, the request
for a variance shall consider which of the following categories the
FAA has placed the proposed construction in:
(a)
No objection. The subject construction is determined not to
exceed obstruction standards, and marking/lighting is not required
to mitigate potential hazard. Under this determination, a variance
shall be granted.
(b)
Conditional determination. The proposed construction/alteration
is determined to create some level of encroachment into an airport
hazard area which can be effectively mitigated. Under this determination,
a variance shall be granted contingent upon implementation of mitigating
measures.
(c)
Objectionable. The proposed construction/alteration is determined
to be a hazard and is thus objectionable. A variance shall be denied,
and the reasons for this determination shall be outlined to the applicant.
(d)
Such requests for variances shall be granted where it is duly
found that a literal application or enforcement of the regulations
will result in unnecessary hardship and that relief granted will not
be contrary to the public interest, will not create a hazard to air
navigation, will do substantial justice and will be in accordance
with the intent of this section.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
(4)
Hazard marking and lighting. In granting any permit or variance under
this section, the Zoning Hearing Board shall, if it deems the action
advisable to effectuate the purpose of this section and reasonable
under the circumstances, so condition the permit or variance to install,
operate and maintain thereon such markers and light as may be required
by guidelines or regulations adopted by the Federal Aviation Administration.
(5)
Notice to department. The Zoning Hearing Board, upon the decision
to grant a permit or variance under this section, shall notify the
Pennsylvania Department of Transportation, Bureau of Aviation, of
its decision. This notice shall be in writing and shall be sent to
the Department of Transportation at the same time as to the applicant.
The decision shall not be effective for 10 days after it is rendered
to allow the Department of Transportation time within which to appeal
the decision.
G.
Acquisition of air rights. In any case in which it is desired to
remove, lower or otherwise terminate a nonconforming structure or
use, or the approach protection necessary cannot, because of constitutional
limitations, be provided by airport zoning regulations, or it appears
advisable that the necessary approach protection be provided by acquisition
of property rights, rather than by airport zoning regulations, the
Borough, or the authority owning the airport or served by it, may
acquire by purchase, grant or condemnation, in the manner provided
by the law under which the Borough is authorized to acquire real property
for public purposes, such air right, aviation easement or other estate
or interest in the property or nonconforming structure or use in question
as may be necessary to effectuate the purpose of this section. In
the case of the purchase of any property or any easement or estate,
or interest therein, or the acquisition thereof by the power of eminent
domain, the Borough or authority shall, in addition to the damages
for the taking, injury or destruction of property, also pay the cost
of the removal and the relocation of any structure or any public utility
which is required to be moved to a new location. The Borough must
be notified by the Airport Authority in such case.
A.
All unconventional gas operations and facilities shall be governed
by Title 58 of the Pennsylvania Consolidated Statutes.
B.
Well and pipeline location assessment operations, including seismic
operations and related activities conducted in accordance with all
applicable federal and state laws and regulations shall be permitted
in all zoning districts.
C.
Kenhorst Borough shall have a review period of 120 days for conditional
use review of all activities related to the development of unconventional
gas operations and facilities.
