The following provisions shall apply to all nonconforming uses and structures:
A. 
Any nonconforming use may be continued but may not be extended or expanded or changed unless to a conforming use, except as permitted by the Zoning Hearing Board in accordance with the provisions of this chapter. Any nonconforming use which has been discontinued for 12 months shall not be permitted to be reestablished.
B. 
Any nonconforming structure damaged by fire, flood, explosion or other casualty may be reconstructed and used as before if such reconstruction is performed within 12 months of such casualty, and if the restored structure covers no greater area and contains no greater cubic content than before such casualty.
C. 
The nonconforming use of a building may be extended throughout those parts hereof which were manifestly arranged or designed for such use at the time of adoption of this chapter. A nonconforming building or structure may, with the approval of the Zoning Hearing Board, be extended or enlarged but must meet minimum yard requirements of the district in which the structure is located and must meet the off-street parking and loading requirements of this chapter.
D. 
If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification.
E. 
A structure that has been razed shall not be reconstructed for a use that does not conform to the provisions of this chapter.
F. 
Any structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition.
G. 
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
H. 
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, this article shall also apply to any uses which thereby become nonconforming.
I. 
Any nonconforming use discontinued for a six-month period or longer shall be considered changed to a conforming use.
J. 
When a property owner requests a permit for a nonconforming lot or structure, and the requested activity will diminish the nonconformity of said lot or structure, the permit shall not be referred to the Zoning Hearing Board but shall be approved by the Zoning Officer. However, if the Zoning Officer cannot make a clear determination on this matter, it will be referred to the Zoning Hearing Board.
Any lot of record existing at the effective date of this chapter and held in separate ownership different from the ownership of adjoining lots may be used for the erection of a structure conforming to the use regulations of the district in which it is located, even though its dimensions are less than the minimum requirements of this chapter, except as set forth hereafter. Where two or more adjacent lots of record with less than the required area and width are held by one owner on or before the date of enactment of this chapter, the request for a permit shall be referred to the Zoning Hearing Board which may require relating to fewer lots which would comply with the minimum requirements of this chapter.
A. 
Lots which abut more than one street shall provide the required front yards along every street.
B. 
All accessory structures, whether attached to the principal structure or not, and whether open or enclosed, including steps, stoops, ramps, decks, porches, carports, balconies or platforms above normal grade level, shall not project into any minimum front, side or rear yard, except as noted in § 500-16 for accessory buildings and uses and in § 500-20.
C. 
When the following conditions are met, height limits may be increased:
(1) 
Building height in excess of the height above average ground level allowed in any district may be permitted provided all minimum front, side, and rear yard depths are increased one foot for each additional foot of height.
(2) 
The following structures are exempt from height regulations: television and radio towers, church spirals, belfries, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smoke stacks, conveyors, and flagpoles.
D. 
Visibility at intersections. On a corner lot in any residential district, no structure, fence, wall, hedge or other planting shall be erected or allowed to grow, be placed, or maintained at a height of more than three feet six inches above the curbline within a triangle formed by the street lines of the right-of-way joining said street lines at points 20 feet from their point of intersection.
E. 
Nonresidential buildings hereafter constructed or uses hereafter established shall not be located or conducted closer to any lot line in any of the residential districts than the distance specified in the following schedule:
Use
Minimum Side or Rear Yard
Off-street parking spaces and access drives for nonresidential uses
20 feet
All other nonresidential use or structures
40 feet
A. 
Temporary structures used in conjunction with construction work shall be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued for a six-month period and may include mobile homes and travel trailers.
B. 
Mobile homes being used as a dwelling shall have appropriate foundation and skirting which shall comply with the Pennsylvania Uniform Construction Code.
C. 
Temporary storage structures such as "PODs" and large bags used to contain trash or construction debris will be permitted for period of 30 days, but will require a zoning permit for same. A time extension of an additional 30 days may be granted by the Zoning Officer, but any extensions beyond the second 30 days must be approved by the Zoning Hearing Board.
A fence or freestanding wall shall be permitted within the limits of any yard.
A. 
The height of any fence or wall shall be limited to six feet in the R-A and R-B Districts, eight feet in the C-1 District and 10 feet in the M-1 District. Any fence or wall erected within 20 feet of any road right-of-way shall not be greater than three feet six inches.
B. 
In addition to the above requirements, § 500-19D of this article shall be complied with.
C. 
Any fence shall be located a minimum of six inches within the property line unless written consent from the adjoining property owner is submitted with the required application for zoning permit.
D. 
A fence erected around tennis or basketball courts, as a backstop and around similar recreational facilities may be permitted in all districts as a special exception use, if approved by the Zoning Hearing Board.
E. 
All private swimming pools shall be completely surrounded by a fence or wall not less than four feet in height, which shall be so constructed as not to have openings, holes, or gaps larger than four inches in vertical or horizontal direction, except for doors and gates. An aboveground pool with a wall greater than four feet in height does not require a fence or wall if the pool is equipped with a removable and/or locking ladder system. All private swimming pools are required to comply with the Pennsylvania Uniform Construction Code.
Off-street loading and parking spaces shall be provided in accordance with the provisions of this chapter except when specifically exempted by the Parking Overlay District. Uses that now or later occupy buildings in the Parking Overlay District shall not have to comply with off-street loading and parking requirements.
A. 
Off-street loading.
(1) 
Every building which requires the receipt or distribution by vehicles of material or merchandise shall provide off-street loading berths in accordance with the following table.
Off-Street Loading Space Requirements
Uses
Square Feet of Floor Area
Required Off-Street Loading Berths
Commercial, wholesale, manufacturing and storage
0 to 25,000
1
25,001 to 40,000
2
40,001 to 60,000
3
60,001 to 100,000
4
For each additional 50,000 or major fraction thereof
1 additional
Hotels and offices
10,000 or more
1
Schools and institutions
15,000 or more
1
Undertakers and funeral parlors
5,000
1
For each additional 5,000 or major fraction thereof
1 additional
(2) 
Each loading space shall not be less than 12 feet in width, 55 feet in length and 14 feet in height. The loading area and access drives shall be paved.
B. 
Off-street parking.
(1) 
Size and access. Each off-street parking space shall have an area of not less than 180 square feet (nine feet in width and 20 feet in length) exclusive of access drives or aisles and be in usable shape and condition. Except in the case of dwellings, no parking area shall contain less than three spaces. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive leading to the parking or storage areas or loading spaces. Such access drive shall not be less than 10 feet wide. Access to off-street parking areas shall be limited to several well-defined locations and in no case shall there be unrestricted access along the length of a street or alley. The parking area of access drives shall be paved.
(2) 
Number of parking spaces required. The number of off-street parking spaces required is set forth below. Where the use of the premises is not specifically mentioned, requirements for similar uses shall apply.
C. 
Off-street parking exception. That area commonly referred to as the "Downtown Business District" where no possible parking may be added or developed, and where ample parking is available on the street or in off-street lots, shall be exempt from the minimum parking requirements established herein. This area is designated as the Downtown Parking Overlay District as depicted on the North East Borough Detail Zoning Districts Map.[1]
[1]
Editor's Note: Said map is included as an attachment to this chapter.
D. 
Stacking requirements for drive-in, drive-through facilities.
(1) 
This section provides vehicle standards for drive-in, drive-up and drive-through facilities. These may include such uses as banks, fast-food restaurants and car washes. The purpose of these standards is to provide reasonable stacking capacity for various uses so vehicles will not use public streets while queuing in line for service. All references to stacking capacity relates to typical automobiles. A length of 20 feet per auto will be used to accommodate one vehicle and minimal head space. Minimal stacking lane width is nine feet. NOTE: Stacking capacity is to be measured from the lot line, but not including the service window or order window (if present) and is not to include any area of the public right-of-way.
Use
Stacking Capacity Per Drive-In Window
Bank
5 per drive-in window; 3 per ATM
Car wash
4 per wash bay
Restaurant
8 per drive-in window*
NOTES:
*
To be measured to the order box, if separate from service windows.
Off-Street Parking Space Requirements
Uses
Required Parking Space
Automobile laundry (car wash)
5 for each wash line
Automobile sales and service garages
1 for each 400 square feet of floor area
Banks or professional offices
1 for each 250 square feet of floor area
Beauty parlors and barbershops
1.5 for each chair
Bowling alley
7.5 for each alley
Churches and schools
1 for each 3.5 seats in an auditorium or 1 for each 17 classroom seats, whichever is greater
Community buildings and social halls
1 for each 100 square feet of floor area
Driving ranges and miniature golf
1 for each tee
Dwellings
1 for each family or dwelling unit including space in garage
Food supermarkets
1 for each 100 square feet of floor area
Funeral homes and mortuaries
5 for each parlor
Furniture or appliance stores
1 for each 500 square feet of floor area
Home occupations
1 for each 200 square feet of floor area in addition to dwelling unit requirement
Hospitals, nursing or convalescent homes
1 for each 2 beds
Hotels and motels
1 for each living or sleeping unit
Manufacturing plants, research or testing facilities, bottling plants
1 for each 500 square feet of floor area
Medical or dental offices
5 for each doctor or dentist
Restaurants, taverns, and nightclubs
1 for each 2.5 seats
Retail stores and shops
1 for each 250 square feet of floor area
Rooming houses and dormitories
1 for each 2 bedrooms
Service stations
3 for each service bay
Sports arenas, auditoriums, theaters, assembly halls
1 for each 3.5 seats
Wholesale establishments or warehouses
1 for each 2 employees on maximum shift. The total parking area shall not be less than 25% of the building floor area.
(2) 
For other uses, guidelines from the Institute of Transportation Engineers may be used or the written recommendations of a professional traffic engineer. NOTE: Stacking capacity is to be measured from the lot line to, but not including, the service window or order window (if present) and is not to include any area of the public right-of-way.
E. 
Off-street parking exception. That area commonly referred to as the "Downtown Business District" where no possible parking may be added or developed, and where ample parking is available on the street or in off street lots, shall be exempt from the minimum parking requirements established herein. This area is designated as the Downtown Parking Overlay District as depicted on the North East Borough Zoning Map.
F. 
Location and use of parking areas. Required parking spaces shall be located on the same lot with the principal use. The Zoning Hearing Board may permit parking spaces to be located not more than 400 feet distant from the lot of the principal use if located in the same zoning district as the principal use if located in the same zoning district as the principal use and the Board finds that it is impractical to provided parking on the same lot with the principal use. In all residential districts, parking areas shall be located beyond the front setback line.
G. 
Screening and landscaping. Nonresidential off-street parking areas, and off-street loading areas, shall be effectively screened on each side which adjoins or faces any residential district.
H. 
Minimum distances and setbacks. Nonresidential off-street loading or parking areas and access drives shall be no closer than 20 feet to each side which adjoins or faces any residential district, and in accordance with § 500-19D and E of this chapter.
I. 
Surfacing. All parking and loading areas and access drives shall have a paved surface of asphalt or concrete, graded and drained to properly dispose of all surface water and designed to provide for orderly and safe loading and parking.
J. 
Lighting. Any lighting used to illuminate off-street parking or loading areas shall be arranged so as to reflect the light away from each side which adjoins or faces any residential district.
K. 
Location and use of access drives. In all districts, there shall be no more than two access drives per street or alley per lot, which shall be no closer than 15 feet apart. The width of each access drive shall be no more than 30 feet in business districts; and in residential districts no more than 20 feet for one access drive or no more than 10 feet for two access drives per residential lot. In all residential districts with two access drives, only the primary access drive may be used for parking.
L. 
All ingress and egress for all properties along state highways shall be regulated by and receive proper permits from the Pennsylvania Department of Transportation.
M. 
Shared driveways. It is the intent of this chapter that each lot shall have its own driveway and shared driveways will not be permitted.
This use may be permitted in all districts as a special exception use, if approved by the Zoning Hearing Board. In the R-A and R-B Districts, unless a proposed renewable energy source is compatible with the residential character of these neighborhoods, the Zoning Hearing Board may deny this special exception use. Solar panels, installed upon the roof, are a permitted use, and do not require Zoning Hearing Board review.
A. 
Any new natural gas wells shall show full compliance with the regulations of the Pennsylvania Department of Environment Protection by providing the needed approvals of that agency.
B. 
Production operations for the extraction of natural gas or oil from the ground are permitted in the M-1 District only. All operations shall comply with the following minimum requirements:
(1) 
Shallow well (less than 1,500-foot depth) minimum setbacks:
From
Distance
Right-of-way
30 feet
Other property lines
20 feet
Main structures
15 feet
Accessory buildings
5 feet
Assembly uses:
Entrance/exits
35 feet
Structure
25 feet
(2) 
Deep well (1,500-foot or more depth) minimum setbacks:
From
Distance
Right-of-way
50 feet
Other property lines
45 feet
Main structures
40 feet
Accessory buildings
25 feet
Assembly uses:
Entrance/exits
150 feet
Structure
100 feet
(3) 
The operator shall file with the Zoning Officer a plan showing the location of adjacent properties, roads, and natural features.
(4) 
The operator shall submit, to the Zoning Officer, an engineer-certified plan for the restoration of the area which shall include anticipated future use of the restored land, the proposed final topography indicated by contour lines of no greater interval then five feet, steps which will be taken to conserve the topsoil, and the location and size of permanent aboveground structures or other improvements contemplated.
No sign shall be permitted except as herein provided:
A. 
In any district, all signs except those maintained pursuant to and in the discharge of any law, ordinance, governmental regulation or function shall comply with the following general requirements:
(1) 
Signs shall not move or be illuminated in any manner which will cause undue distraction, confusion, or hazard to vehicular traffic.
(a) 
Signs shall not be animated in any way; including any signs which move, revolve or rotate by means of normal wind currents.
(b) 
Signs, which incorporate in any manner moving, scintillating, or revolving lights, or signs with flashing lights, or signs, which use any other type of electronic device which changes the messages on the signs are subject to the following restriction, with the exception of traffic warning devices and signs giving public service information, such as, but not limited to, time, dates, temperature, weather, or similar information: All messages shall remain static for a period of at least eight minutes.
(2) 
Signs shall be located at least five feet back from all side and rear property lines in all residential districts. Signs in the front yards in all residential districts shall be located at least two feet back from the front property lines.
(3) 
Signs shall not extend above the roofline.
B. 
No sign shall be permitted in residential districts except as herein provided:
(1) 
One sign not exceeding two square feet in area will be permitted which announces the name and professional activity of the occupant of the premises on which said sign is located.
(2) 
One bulletin board not exceeding 25 square feet in area will be permitted in connection with any church, school or similar public structure.
(3) 
Temporary signs. Temporary signs, such as for real estate, political signs, or garage sales shall be allowed. A temporary sign shall be removed promptly when it has fulfilled its function and may be up to six square feet in size. All signs shall be placed behind the sidewalk in the lawn areas.
(4) 
One development sign not exceeding 30 square feet and advertising a building or improvement or future use of a building being constructed or altered upon the premises may be erected 30 days prior to start of construction, during active construction, and for not more than 30 days after completion.
C. 
In commercial and industrial districts, no sign shall be permitted except as herein provided:
(1) 
One sign in connection with any legal commercial or industrial use or structure will be permitted on the premises of the business, providing that if said commercial use or structure faces more than one road, one sign shall be allowed on each street frontage.
(2) 
Signs directly relating to a use conducted on the premises, providing the total area in square feet of all such signs or marquees and canopies shall not exceed the number of lineal feet of street frontage and no individual projecting sign shall exceed 30 square feet in area and shall be limited to two. No sign shall exceed the height of a related building or 28 feet, whichever is greater.
(3) 
Signs directing and guiding traffic and parking on private property, and bearing no advertising matter.
(4) 
Signs may be placed along the property lines only if the bottom of said signs is at least 10 feet above the ground and the support structure for said signs is located at least two feet back from all property lines.
D. 
No sign shall be permitted in any street right-of-way other than for guiding traffic or directional.
A home occupation shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes. The following additional conditions shall be observed:
A. 
The occupation is customarily carried on in a dwelling unit.
B. 
The occupation is carried on by the owner or a member of his/her family residing in the dwelling unit, with not more than one employee outside the family.
C. 
The occupation is carried on wholly within the principal structure.
D. 
There shall be no exterior display, exterior sign other than permitted by § 500-25, no exterior storage of materials, and no exterior indication of the home occupation or variation from the residential character of the principal structure.
E. 
No business vehicle shall be parked in any residential district, except in an enclosed structure.
F. 
No offensive odor, no vibration, noise, smoke, dust, heat, or glare shall be produced.
G. 
The occupation shall occupy no more than 25% of the principal structure.
H. 
Home occupations may include arts and crafts, traditional home-related enterprises, personal services, and professional services.
The Zoning Hearing Board may permit departures from the zoning regulations for any planned residential development in the manner herein provided for special exception uses, if the planned project meets the following requirements:
A. 
The area of land to be developed shall only be in the R-B or C-1 Districts, and the Zoning Hearing Board may place requirements in addition to the following:
(1) 
Adjacent properties will not be adversely affected.
(2) 
The average density of dwelling units is not greater than the density requirements in the district in which the plan is located. The use of the land shall not differ substantially from the uses permitted in the district, except that limited commercial facilities intended to serve only the planned project area fully integrated into the design of the project may be allowed.
(3) 
The plan shall be consistent with the intent and purpose of this chapter.
(4) 
A complete plan for the area is submitted for review for recommendations by the Planning Commission and Borough Council and to determine if the proposed project is consistent with the Comprehensive Plan.
These uses may be permitted only in the M-1 District as a special exception use, if approved by the Zoning Hearing Board.
A. 
All junkyards shall be completely screened from roads or developed areas with a solid fence or wall 10 feet or more in height, maintained in good condition, and painted (except for masonry construction).
B. 
No junkyards established after the effective date of this chapter shall be located closer than 500 feet to existing state and federal roads, or closer than 100 feet to a municipal street or road.
C. 
Access to and egress from junkyards established after the effective date of this chapter shall not be from state and federal roads.
All exterior lighting in nonresidential uses and structures shall meet the following standards:
A. 
All lighting fixtures shall be full "cut off."
B. 
No lighting fixture shall be mounted higher than 20 feet above grade.
C. 
All lighting shall be aimed away from residential uses or districts.
D. 
All lighting shall be turned off or put at reduced levels (30% of fixtures lit) after the business closes for the night. All night operations shall reduce lighting by 1/2 after midnight.
The keeping of chickens in residential districts shall be permitted with the following regulations:
A. 
A chicken coop and enclosure (pen) shall be required on all residential properties where chickens are permitted to be kept.
B. 
Chickens are allowed only in the chicken coop and the outdoor enclosure.
C. 
Roosters and free-range fowl are not permitted.
D. 
The coop shall accommodate not more than six chickens; it must be located in the rear yard and shall not exceed a maximum size of eight feet by six feet and a maximum height of six feet.
E. 
The outdoor enclosure shall be a minimum of eight feet by six feet.
F. 
A metal sealable food container is required.
G. 
Waste materials must be disposed of in a manner that will not cause odor, flies or attract vermin.
H. 
The coop, enclosure and storage/composting of waste must be set back a minimum of 35 feet from all property lines and shall not be visible from the street.
I. 
Overall lot size shall be at least 10,000 square feet.
Outdoor wood-burning stoves/boilers or furnaces. These uses must have an EPA Phase II tag, and burn only wood or wood pellets. A setback of at least 15 feet from the nearest property line is required.