[Ord. 776, 6/21/1993, § 801]
1.
Frontage Required onto Improved Street.
A.
A principal building shall only be built upon a lot with frontage on a public street improved to meet Borough standards or for which such improvements have been insured by the posting of a performance guarantee pursuant to the Subdivision and Land Development Ordinance [Chapter 22], except in either of the following cases:
(1)
A single lot that existed as a lawful recorded lot of record
prior to the adoption of this chapter and that is not proposed to
be subdivided and that is to be used for a single-family detached
dwelling shall be permitted to have access onto a public street by
means of a paved public alley with a minimum cartway width from the
subject lot to a public street of 10 feet if all of the following
apply:
(a)
Such alley provides legally-permanent access to the property.
(b)
The Zoning Officer determines there are no other feasible methods
of providing access to the property.
(c)
Such alley already exists in a satisfactory condition or would
be improved as necessary by the applicant.
(d)
A sufficient turning radius is provided for the average size
modern fire pumper truck to turn into the alley and to turn into the
applicant's driveway.
(2)
A townhouse or condominium apartment development may have access to individual dwellings using a parking court and a shared accessway/private street within the tract; provided, that such shared access/private street guarantees adequate permanent access (with a method for funding perpetual maintenance approved by the Borough Council under the Subdivision and Land Development Ordinance [Chapter 22]) from such dwellings to a public street).
B.
Any new lot that is granted subdivision approval shall have frontage
onto a public street, except as permitted in subsection (A), above,
the individual lots within a townhouse or condominium apartment development
are not required to have their own frontage onto a public street if
the overall tract has frontage onto a public street.
2.
Multiple Uses in a Building. Occupancy of a principal commercial
or industrial building by more than one permitted use is specifically
allowed, provided that all other requirements of this chapter are
satisfied.
3.
Multiple Buildings on a Lot. An approved commercial, institutional,
industrial, townhouse or apartment lot may include more than one principal
building. In such case, the minimum front, side and rear yard requirements
shall only apply at lot lines of the property. Individual buildings
or portions of such buildings may be held in approved condominium
ownership, but the lot shall be owned by a single legal entity. In
cases not meeting this subsection only one principal building shall
be permitted per lot.
[Ord. 776, 6/21/1993, § 802]
1.
Height Exceptions. The maximum structure height specified for each district shall not apply to: farm silos and associated agricultural structures, commercial communications antennas, amateur radio antenna (see § 27-403), water towers, clock or bell towers, steeples or spires of places of worship, electrical transmission lines, elevator shafts, ventilators, skylights, windmills, chimneys or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy.
2.
Height and Airport Approaches. At a minimum, any structure proposed to have a height of 75 feet or more above average surrounding ground level shall present sufficient information to the Zoning Officer to prove that the structure would comply with all applicable federal, state and Borough requirements regarding airport approaches and warning lights. See § 27-809 regarding airport approaches.
[Ord. 776, 6/21/1993, § 803; as amended by Ord.
1009, 12/4/2006]
1.
In General.
A.
No lot, structure or use shall be created or developed in such a
way that it would result in another lot, building or use not being
able to meet the requirements of this chapter. This includes, but
is not limited to, setback areas, nonimpervious areas and off-street
parking areas.
B.
Emergency Access. All uses and structures shall have adequate provisions
for access by emergency vehicles. The Zoning Officer, Borough Council
or Planning Commission may request advice from the Borough emergency
services staff on whether this requirement is met.
C.
Accuracy. The applicant is responsible to make sure that all measurements,
certifications, reports and statements submitted to the Borough are
accurate.
2.
Exceptions to Minimum Lot Areas, Lot Widths and Yards.
B.
Through Lots. Any lot having frontage on two approximately parallel
streets (not including an alley) shall provide a required front yard
setback abutting each of these streets.
C.
Corner Lot Setback. A corner lot (as defined in Part 2 under "Lot,
Corner"):
(1)
Is not required to have a rear setback yard, but may instead
have two side yards on the sides that are not abutting the streets.
(2)
Shall have one yard meeting the required front yard setback
abutting one street, and a 15 feet minimum principal building setback
yard abutting the second street, except that such 15 feet setback
is not required in the B-C district.
D.
Triangular Lots. If a three-sided lot does not have a rear lot line,
then the required rear yard shall measured from the corner that is
furthest away from the front lot line. In such case, the lot shall
have two side lot lines.
E.
Projections Into Required Yards. The following features may project
into required yards:
(1)
Emergency fire escapes and exits added on to a building that
existed prior to the adoption of this chapter; provided, that such
does not intrude into a required front yard, intrudes a maximum of
eight feet into a required side or rear yard, and does not project
into an abutting lot.
(2)
Routinely projecting architectural features such as bay windows,
cornices, eaves, fireplaces, flues, gutters, chimneys, fire escapes
or window sills which do not project more than three feet into any
required yard.
(3)
Stairs and landings that are not covered by structural roofs,
provided such stairs or landings do not exceed four feet in height.
(4)
Open balconies that project a maximum of five feet into any
required yard.
(5)
Patios and decks that:
(a)
Are not covered by a structural roof.
(b)
Are not enclosed and do not have walls of mostly solid material,
glass or plexiglass.
(c)
Are not closer than five feet to any side or rear lot line,
(except zero feet at a shared lot line of attached dwellings).
(d)
Are not raised an average of more than four feet above the surrounding
average ground level.
F.
Previously Approved Setbacks. Where a subdivision or land development
was granted final approval prior to the adoption of this chapter,
and the lawful setbacks in effect at such time are shown on the approved
plans, at the option of the developer, those approved setbacks may
apply in place of any revised setbacks in this chapter.
G.
Front Yard Exceptions. When an unimproved residential lot is situated
between two or more lots with principal buildings with principal building
front yard setbacks with less depth than required in that district,
the minimum front yard shall be reduced to the depth of such abutting
improved lot that has the largest depth.
H.
Parking Lot Setbacks. See Part 6.
I.
Depth of Irregular Lots. On irregularly-shaped lots where the rear
lot line is not parallel to the front lot line, the minimum depth
may be based upon average dimensions.
J.
De Minimis. In cases where an inadvertent error has been made in
design or construction, the Zoning Officer may permit a variation
of up to 3% in one requirement of this chapter.
K.
Culs-de-Sac. The minimum lot width may be reduced to 60% of what
would otherwise be required for lots abutting a cul-de-sac street;
provided, that the minimum width along the curbline is not less than
30 feet for a dwelling unit other than a townhouse.
3.
Sight Distance at Intersections.
A.
Purpose. To ensure that traffic passing through an intersection or
turning onto a street can safely see oncoming traffic.
B.
A clear sight triangle shall be provided and maintained at all street and/or alley intersections. Such clear sight distance shall be maintained between two feet and 10 feet above curb level. Such triangle shall be 15 feet along the right-of-way lines of the streets or alleys, measured from the intersection of such rights-of-way, with the third longer leg of the triangle connecting the two ends, unless a larger triangle is required under the Subdivision and Land Development Ordinance [Chapter 22]. If the intersection is rounded, the triangle shall be measured from the extended ends of the rights-of-way.
C.
Within such clear sight triangle, no grading shall occur or structures
(such as buildings, fences or walls) be placed or expanded or vegetation
be permitted that would obstruct the vision of motorists of pedestrians
and other traffic. The only obstructions permitted within such triangle
shall be transparent fences, vegetation regularly maintained at less
than two feet height, mailboxes, sign or utility posts less than one
foot in width and the trunks of deciduous trees.
D.
This sight distance triangle shall be shown on development plans
submitted to the Borough and be shown on any plan required to be recorded.
Such triangle shall serve as a permanent setback line for all such
visual obstructions and shall be binding upon present and future owners
of the land.
E.
If a driveway or accessway enters onto a street, a required sight
triangle as stated above shall be maintained, except the length of
the triangle shall be eight feet long measured at the center line
of the driveway or accessway and at the street right-of-way line.
4.
Buffer Yards. Buffer yards and screening complying with the following
standards shall be required under the following situations:
A.
When Required. Buffer yards of primarily evergreen screening shall
be required whenever any new or expanded uses principal commercial
use, principal industrial use, industrial outdoor storage area or
development of 10 or more apartment dwelling units has a side or rear
yard that abuts a residential lot line as defined by Part 2.
B.
Width and Plants. Any required buffer yard shall have a minimum width of eight feet and include plant screening as stated in the buffer yard section (§ 22-519) of the Subdivision and Land Development Ordinance [Chapter 22]. Plants shall be chosen and placed so as to reasonably be expected to form a solid year-round visual screen with a minimum height of six feet within three years of planting.
C.
Location of Buffer Yards.
(1)
The buffer yard shall be measured from the district boundary
line, future street right-of-way line or lot line, whichever is applicable.
(2)
Plants needed for the visual screen shall not be placed within
a future street right-of-way. The required buffer yard width shall
be in addition to the required future street right-of-way.
(3)
The buffer yard may be within a required front, side or rear
yard, or a paved area setback area provided the larger width requirement
shall apply in case of overlap.
D.
Characteristics of Buffer Yards.
(1)
The buffer yard shall be a landscaped area free of structures,
dumpsters, commercial or industrial storage or display, manufacturing
or processing activity, materials, loading and unloading areas or
vehicle parking or display. No new driveways or streets shall be permitted
in the buffer yards except at points of approved necessary perpendicular
crossings for ingress or egress.
(2)
Maintenance. In buffer yards, all areas not covered by trees
and shrubs shall be well-maintained in an all-season vegetative ground
cover (such as grass) and shall be kept free of debris and rubbish
and shall not include grass areas higher than six inches.
(3)
Fence. Any fence in a buffer yard shall be placed on the inside
of any required evergreen screening.
(4)
Modifications. In situations where it would be impractical to
develop a screen that would meet all Borough requirements or where
an undue hardship would be created to an applicant, the Zoning Hearing
Board may agree to modify these requirements to allow an acceptable
alternative. Such alternative may, for example, involve the development
of a solid wooden fence that has been treated to be weather-resistant.
Such modification shall only occur after a review by the Planning
Commission.
E.
Buffer Yard Plans.
(1)
Prior to the issuance of a permit under this chapter where a
buffer yard would be required, and on any required subdivision or
land development plan, the applicant shall submit plans showing:
(2)
The Zoning Officer shall review such plans to determine that
the plans are in conformance with the terms of this chapter.
F.
Occupancy Permit. A zoning occupancy permit for a use on the premises
shall not be issued until such time as the buffer yards and other
landscaping requirements established by Borough ordinances are either:
(1)
Actually installed in full compliance with such ordinance; or,
(2)
If such season is not appropriate for planting, a performance
guarantee of 100% of the cost of such landscaping, with such estimate
approved by the Borough Manager, has been deposited with the Borough
Secretary. Such guarantee shall be in an acceptable form to the Borough.
Such guarantee shall provide that the depositor agrees that if performance
is not completed within six months of any permit issued on or before
August 31 of any year or within nine months of any permit issued on
or after September 1 of any year, the Borough may complete the landscaping
and buffer requirements and charge the cost against the deposit. Otherwise,
the deposit shall be returned in full with any interest earned after
the satisfactory completion of the work.
[Ord. 776, 6/21/1993, § 804; as amended by Ord.
1009, 12/4/2006]
1.
Ground cover. Any part of a commercial, industrial, institutional
or garden apartment lot which is not used for structures, loading
areas, parking spaces and aisles, sidewalks and designated storage
areas shall be provided with an all-season, well-maintained vegetative
ground cover, and shall be landscaped with trees and shrubs.
2.
See also the following landscaping requirements:
A.
Section 22-514, "Landscaping General Requirements," § 22-515, "Detention Basin Plantings," § 22-516, "Parking Facilities, Landscaping," § 22-517, "Multiple Family Development, Landscaping" and § 22-518, "Street Trees," or their successor sections, of the Borough Subdivision and Land Development Ordinance [Chapter 22].
(1)
Such provisions shall apply to any additional 4,000 or more
square feet of impervious coverage or any development of a new principal
non-residential building, regardless of whether such use would be
a "subdivision" or "land development."
[Ord. 776, 6/21/1993, § 805]
[Ord. 776, 6/21/1993, § 806; as amended by Ord.
940, 1/7/2002, § 3; by Ord. 1009, 12/4/2006; and by Ord.
1073, 10/4/2010]
1.
Registration of Nonconformities. It shall be the responsibility of
a party asserting a nonconformity to provide the evidence that it
is lawful. A property owner may request a written statement of nonconformity
from the Zoning Officer after providing sufficient evidence.
2.
Continuation of Nonconformity. A lawful nonconforming use, structure
or lot as defined by this chapter may be continued and may be sold
and continued by new owners. Any expansion of, construction upon or
change in use of a nonconformity shall only occur in conformance with
this section.
3.
Expansion of, Construction Upon or Change in Use of Nonconformities.
A.
Nonconforming Structure.
(1)
The Zoning Officer shall permit a nonconforming structure to
be reconstructed or expanded as follows:
(a)
When a lawful structure exists
on the effective date of this chapter, or subsequent amendments thereto,
that could not be built under the terms of this chapter by reason
of restrictions on area, lot coverage, height or yards, it may be
continued as long as it remains otherwise lawful, subject to the following
provisions:
1)
In any residential district where a structure is nonconforming
because it does not fulfill the yard requirements of the district
in which it is located, it may be enlarged, provided that the addition
is extended along the existing building line. Such extensions shall
not be permitted to encroach any further into the yards than as currently
nonconforming, nor cause a nonconformity.
2)
In no case shall any addition be larger than 25% of the gross
floor area of the existing building.
3)
A nonconforming structure, which is damaged by fire, explosion
or act of God, may be rebuilt and used for the same purposes, provided
that the reconstruction of the building is commenced within one year
from the date of the destruction of the building, and is carried out
to completion without undue delay. In no case shall the reconstructed
structure be larger than the one existing at the time of destruction.
(2)
In the case of a nonconforming structure that is occupied as
a nonconforming use, any expansion shall also meet the requirements
of this section regarding nonconforming uses.
B.
Nonconforming Lot.
(1)
New permitted structures for a single permitted by right principal
use and its customary accessory uses may be constructed, reconstructed
or expanded on a nonconforming lot of record as a permitted by right
use if all of the following requirements are met:
(a)
The lot area is at least 40% of the minimum lot area.
(b)
The lot width is at least 40% of the minimum lot width.
(c)
The lot is a lot of record that lawfully existed prior to the
adoption of this chapter or an applicable subsequent amendment.
(d)
Minimum setbacks and other requirements of this chapter are
complied with for any new construction or expanded area.
(e)
For a dwelling on a nonconforming lot, the front door shall
face a public street, and the dwelling shall have a side facing onto
a public street that has an appearance typical of a front of a dwelling.
(2)
Setbacks. The Zoning Hearing Board may grant a special exception
to reduce the required setbacks for construction on a nonconforming
lot if the Board determines that such reduction would result in a
building that would be more compatible with neighboring buildings
than would be built if the setback requirement was not reduced.
(3)
Integration/Merger. Contiguous nonconforming lots under common
ownership shall be integrated/merged to form lots that would be conforming
or less nonconforming.
(4)
Variances. If a proposed development on a nonconforming lot does not meet the requirements of the above § 27-806(3)(B), subsections (1) and (2), then development of the lot shall not occur unless a variance is granted by the Zoning Hearing Board. In addition to the standards stated for a variance in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., the Zoning Hearing Board shall also review whether any alternative permitted uses could reasonably be made of the property that would less significantly adverse impacts upon the established character of an existing residential neighborhood than the proposed use.
C.
Expansion of a Nonconforming Nonresidential Use. A nonconforming
use or a building used by a nonconforming use shall not be expanded,
except in accordance with the following provisions:
(1)
An expansion of more than 5% in total building floor area shall require special exception approval from the Zoning Hearing Board under § 27-119.
(2)
Such reconstruction or expansion shall be only upon the same
lot that the nonconforming use was located upon at the time the use
became nonconforming.
(3)
The nonconforming use shall not be expanded by more than 25%
beyond the total building floor area used by a nonconforming use or
the total area covered by impervious surfaces of a nonconforming use,
whichever is more restrictive. Such measurement shall be based upon
the floor area and impervious surface area that existed at the time
such use became nonconforming.
(a)
These maximum increases shall be measured in aggregate over
the entire life of the nonconformity.
(b)
If the Zoning Hearing Board determines that such measurements
are not applicable to a particular use, then the Zoning Hearing Board
may establish a reasonable measure to base the 25% expansion upon.
(4)
Any expansion of a nonconforming use shall meet the required
setbacks and other requirements of this chapter, unless the Zoning
Hearing Board grants a variance.
D.
Expansion of a Nonconforming Residential Use. An existing nonconforming
residential use may be expanded in floor area as a permitted by right
use provided that:
4.
Damaged or Destroyed Nonconformities.
A.
A nonconforming structure that has been destroyed or damaged equal
to 50% or more of its total value by fire, windstorm, lightning or
a similar cause deemed not to be the fault of the owner may rebuild
in a nonconforming fashion only if:
B.
Rebuilding of a damaged or destroyed nonconformity shall not begin
until plans for rebuilding have been presented and approved by the
Zoning Officer. Any change of one nonconforming use to another nonconforming
use shall comply with the provisions of this section.
C.
Nonconforming Use of Open Land. All nonconforming off-premises signs,
junkyards, outside storage areas and similar nonconforming uses of
open land, when damaged to an extent of 50% or more of replacement
cost, shall not be continued, repaired or reconstructed.
5.
Abandonment of a Nonconformity.
A.
If a non-conforming use of building or land is sufficiently shown
to be discontinued, razed, removed or abandoned, subsequent use of
such building or land shall conform with the regulations of the district
in which it is located, except as provided for in the "damaged or
destroyed non-conformity" provisions of this section.
B.
The party asserting abandonment of a building or land shall be responsible
to provide sufficient evidence to establish an intent to abandon the
use, and that such use was abandoned.
6.
Floodplain. See the floodplain area regulations in Part 5.
7.
Changes from One Nonconforming use to Another.
A.
Once changed to a conforming use, a structure or land or portion
thereof shall not revert to a nonconforming use.
B.
A nonconforming use may be changed to a different type of nonconforming
use only if permitted as a special exception by the Zoning Hearing
Board. The Board shall determine whether the applicant has provided
sufficient proof to show that the proposed new use will be equally
or less objectionable in external effects compared to the preexisting
nonconforming use. The Board should review the following types of
effects:
(1)
Traffic generation (especially truck traffic).
(2)
Noise, dust, fumes, gases, odor, glare, vibration, fire and
explosive hazards.
(3)
Amount and character of outdoor storage.
(4)
Hours of operation if the use would be close to dwellings.
(5)
Compatibility with the character of the surrounding area.
C.
District Changes. Any uses, structures or lots that become nonconforming
because of a zoning district change shall be regulated under this
section on nonconformities.
8.
Subdivision of Lots with Existing Buildings. Notwithstanding limitations
imposed by other provisions of this chapter, a lot which had one or
more principal building existing prior to September 8, 1987, may be
divided into more than one nonconforming lot provided such division
is for purposes of conveyance into separate ownership and provided
the following conditions are met:
A.
Each lot shall include a maximum of one principal building.
B.
Each lot shall have vehicle access onto a public street.
C.
Each lot shall be served by both public water and public sewage service.
D.
The boundaries of all lots shall be designed in such a manner to
maximize lot area, lot width, lot depth and yard areas and to result
in a functional configuration that minimizes nonconformities.
E.
Variances of lot area, width, depth and yard areas shall require
action by the Zoning Hearing Board.
F.
The Zoning Hearing Board shall not make a decision on a variance
under this section until a minimum of 40 days after an application
is filed, unless comments have already been received from the Planning
Commission.
[Ord. 776, 6/21/1993, § 807; as amended by Ord.
1080, 9/19/2011]
1.
Construction Vehicle Parking and Temporary Offices. See "essential services," a permitted by right accessory use, in § 27-306.
2.
Tents. The following are permitted by right accessory uses: tents
erected for a use during a maximum of five days in any calendar year
for: (A) routine and customary accessory noncommercial uses (such
as weddings in a rear yard) and for (B) a routine and customary accessory
use to an existing commercial use.
3.
Christmas Tree Sales. A lot in a commercial or industrial district
may be used for the retail sale of Christmas Trees between November
20 and December 30, provided such use does not create a public safety
hazard.
4.
Accessory Outdoor Retail Sales. Other than is permitted by the above subsection (3), a commercial lot may be used for additional outdoor commercial retail sales only if:
5.
Temporary Uses by Special Exception. For temporary structures or
uses that are not specifically permitted by right by this chapter,
and other than those uses that were lawfully occurring on a periodic
basis prior to the adoption of this chapter, a temporary permit may
be issued by the Zoning Hearing Board as a special exception for structures
or uses subject to the following additional provisions:
A.
Duration. The Zoning Hearing Board shall establish a limit on the
duration of the use. In the case of a special event, except under
special circumstances, this should be a maximum of six days in any
sixty-day period. The Zoning Hearing Board may grant a single approval
once for numerous occurrences of an event.
B.
Statement from Owner. The applicant shall present a statement from
the owner of record of the land accepting responsibility to ensure
that the use or structure is removed once the permit expires.
C.
Removal. Such structure or use shall be removed completely upon expiration
of the permit without cost to the Borough. If the structure or use
is not removed in a timely fashion after proper notification, the
Borough may remove the use or structure at the cost of the person
who owns the land upon which the structure or use is located.
D.
Conditions. The temporary use or structure shall: (1) be compatible
with adjacent uses; and, (2) clearly be of a temporary nature.
E.
Fee. Either the Zoning Hearing Board or the Borough Council may waive
and/or return the required application fee if the applicant is a Internal
Revenue Service recognized and well-established nonprofit organization,
and the applicant clearly shows that the proposed use is temporary
and will be used to clearly primarily serve a charitable or public
service purpose.
F.
Nonprofit. Only a well-established and Internal Revenue Service recognized
nonprofit organization proposing a temporary use to clearly primarily
serve a charitable or public service purpose shall be eligible to
receive approval for a temporary commercial use in a district where
that use is not permitted.
G.
Special Events. For a special event that will attract significant
numbers of the public, the Zoning Hearing Board may deny the use if
it determines that the following will not be generally appropriate:
sanitary and water service, traffic control, off-street parking and
protection of the public health and safety.
H.
Annual Special Events. If the Zoning Hearing Board grants a special
exception for a temporary use for an annual special event, then the
Board's grant of such temporary use upon an initial application
submitted by a non-profit organization applying to conduct an event,
shall authorize the Zoning Officer to grant a permit for such temporary
use in subsequent years, provided that the application for a permit
in subsequent years demonstrates to the Zoning Officer's satisfaction
that the event is the same, or substantially the same, as in the year
in which the Zoning Hearing Board granted the temporary use, and that
the applicant has satisfied all of the conditions imposed by the Board
for such use. If the Zoning Officer determines that the proposed temporary
use is materially different from the event for which the Board granted
approval, or if the Zoning Officer determines that the proposed event
does not meet all of the conditions imposed by the Zoning Hearing
Board, then the Zoning Officer shall deny the application. In the
event of such denial, the applicant may appeal to the Zoning Hearing
Board pursuant to this section. An applicant may only apply for a
permit under this paragraph if it is conducting an annual event. This
paragraph shall not apply if the event was not held and a permit issued
by the Zoning Hearing Board or the Zoning Officer in the immediately
preceding year.
[Ord. 776, 6/21/1993, § 808]
See the requirements of the Borough Subdivision and Land Development Ordinance [Chapter 22].
[Ord. 776, 6/21/1993, § 809]
1.
All uses, structures and activities, unless otherwise indicated,
shall comply with the regulations and standards of this section.
A.
Airport Approach Definitions. For the purpose of this section, the
following words, terms and phrases shall have the following meanings,
unless expressly stated otherwise:
(1)
Airport. The Queen City Municipal Airport, Lehigh County, Pennsylvania.
(2)
Airport Elevation. The established airport elevation for the
airport: 399 feet above mean sea level.
(3)
Conical Zone. The area that commences at the periphery of the
horizontal zone and extends outward therefrom a horizontal distance
of 4,000 feet.
(4)
Horizontal Zone. The area within lines drawn tangent to adjacent
arcs established by swinging arcs of 5,000 feet for all runways designated
by the airport as utility or visual and arcs of 10,000 feet for all
other runways from the center of each end of the primary surface of
each runway of the airport.
(5)
Primary Surface. A surface centered longitudinally on a runway.
If such runway has a specially prepared hard surface, the primary
surface extends 200 feet beyond each end of such runway.
(6)
Tree. Any object of natural growth.
B.
Elevation Limitations. Regardless of any other provisions of this
chapter and except as otherwise provided in this section, no structure
shall be erected, altered or maintained, and no tree shall be allowed
to grow in any of the following zones to an elevation in excess of
the elevation limit established for each such zone as follows:
(1)
Conical Zone. One hundred feet above the airport elevation at
the periphery of the horizontal zone and increasing at a uniform slope
of one foot upward for each 20 feet outward from the horizontal zone
to a height of 350 feet above the airport elevation.
(2)
Horizontal Zone. One hundred feet above the airport elevation.
C.
Airport Approach Use Restrictions. Regardless of any other provisions
of this chapter, no use of land or water in the conical zone or horizontal
zone shall:
(1)
Create electrical interference with the navigational signals
or radio communication between the airport and aircraft.
(2)
Make it difficult for pilots to distinguish between airport
lights and other lights.
(3)
Result in glare in the eyes of pilots using the airport.
(4)
Impair visibility in the vicinity of the airport.
(5)
Create bird strike hazards.
(6)
In any way endanger or interfere with the landing, takeoff or
maneuvering of aircraft intending to use the airport.
D.
Airport Approach Nonconformities and Natural Growth.
(1)
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 use, structure or tree not conforming
to such regulations which nonconformity existed prior to the effective
date of this section.
(2)
Marking and Lighting. Regardless of subsection (D)(1), above,
the owner of any such nonconforming use, structure or tree is hereby
required to install, operate and maintain (at the owner's expense)
thereon such markers or lights as shall be necessary to indicate the
presence of such nonconformity to the operators of aircraft in the
vicinity of the airport.
(3)
Enlargement or Expansion. Regardless of any other provisions
of this chapter, no such nonconforming use, structure or tree may
be enlarged or expanded in any way which increases the nonconformity
with the regulations of this section.
(4)
Abandonment, Removal, Condemnation or Destruction. Regardless of any other provisions of this chapter, no nonconforming part of any nonconforming use, structure or tree which is abandoned, removed, condemned or destroyed shall be replaced unless it conforms with the requirements of this section, except when authorized as a special exception by the Zoning Hearing Board pursuant to Part 1, and the following conditions:
(a)
That it would not be feasible to use the remainder of the use,
structure or tree without replacement of the nonconformity;
(b)
That the replacement represents the minimum nonconformity needed
to use the remainder of the use, structure or tree; and,
(c)
That adequate safeguards will be provided to ensure the safety
and welfare of all persons and property potentially affected.
E.
Airport Approach Permits.
(1)
Scope. The owner of any proposed use, structure or tree which:
(a)
Will be located in either the conical zone or the horizontal
zone; and,
(b)
Is 75 feet or more in height or is of such character or will
be used in such a manner as to cause a reasonable question whether
such proposed use, structure or tree will conform with the requirements
of this section as determined by the Zoning officer, shall apply for
an airport zoning permit.
(2)
Application. Each application for an airport zoning permit shall
indicate the purpose for which the permit is desired with sufficient
particularity to provide for the determination whether the proposed
use, structure or tree will conform with the regulations of this section.
No application shall be reviewed unless accompanied by the fee established
by Council by resolution.
(3)
Issuance.
(a)
If the Zoning Officer determines that such proposed use, structure
or tree conforms with all of the requirements of this section, he
shall issue an airport zoning permit. The Zoning Officer may require
the owner of any proposed use, structure or tree to install, operate
and maintain (at the owner's expense) thereon such markers or
lights necessary to indicate the presence of such proposed use, structure
or tree.
(b)
The Zoning Officer shall not issue an airport zoning permit
for any proposed use, structure or tree which will not conform with
all of the regulations of this section.
(c)
The decision of the Zoning officer may be appealed to the Zoning
Hearing Board pursuant to Part 1.
F.
Airport Approach Variances.
(1)
Application. In addition to the applicable requirements of this
chapter, a copy of each application for a variance from the regulations
of this section shall be furnished to such official or body authorized
by the airport and proof of such shall be furnished with the application.
No decision shall be made until 15 days after the filing of the application
unless such official or body advises the Zoning Hearing Board as to
the impact of such variance on aeronautical safety and operations.
(2)
Issuance. In addition to the applicable requirements of this
chapter, the Zoning Hearing Board shall not grant a variance from
the regulations of this section, unless the following conditions are
met:
(a)
That the application for a variance shall be accompanied by
a determination from the Federal Aviation Administration that the
effect of the proposed variance shall not diminish the safe, efficient
use of navigable airspace or the operation of air navigation facilities.
(b)
That it would be infeasible to alter or make use of the use,
structure or tree without the proposed variance.
(c)
That the variance represents the minimum variance needed to
make use of the use, structure or tree.
(d)
That adequate safeguards will be provided to ensure the safety
and welfare of all persons and property potentially affected.
[Ord. 776, 6/21/1993, § 810]
1.
Intent. To provide incentives to developers to help to resolve preexisting
stormwater problems.
2.
This section shall apply to a serious stormwater problem area, as
identified in the Borough Comprehensive Plan, as amended. Such list
for the purposes of this section may be amended or revised by resolution
of Borough Council.
3.
If an applicant offers to put into place measures to resolve a serious
pre-existing stormwater problem area, a bonus may be granted as a
conditional use by the Borough Council under this section. It shall
be the responsibility of the applicant to prove to the satisfaction
of the Borough Council, based upon review by the Borough Engineer
and Planning Commission, that the proposed measures would resolve
or substantially reduce the stormwater problem.
4.
No bonus shall be granted for any stormwater controls that would
ordinarily be required under Borough ordinances, standard engineering
practices, County Conservation District approval or state law.
5.
Bonuses. If an applicant meets the requirements of these bonus provisions
as determined by Borough Council, Borough Council shall authorize
as a conditional use the following:
