The standards that follow shall be applied to the specific situations indicated and are intended to supplement the standards in Article IV. Standards contained in a specific section regulating a specific use shall not exempt said use from other applicable regulations contained in this chapter.
No part of any structure, whether attached to the principal
structure or not, including but not limited to porches, carports,
decks, balconies, chimneys, bay windows or overhangs, shall project
into any required yard. No lot, yard or other space shall be so reduced
in area or dimension as to make it less than the minimum required
by this chapter, except as follows:
B.
Access drives; driveways. Access drives serving a permitted use shall
be permitted in all yards except as may be otherwise regulated by
this chapter, and provided that a buffer of five feet is maintained
from rear and side property lines.
C.
Front yard exception. Where a vacant lot exists between two improved
lots, each of which has a building within 25 feet of the property
line separating the parcels, a building may be erected on the vacant
lot with a front yard not less than the greater front yard of the
two adjoining buildings. However, the front yard setback shall not
in any case be reduced to less than 10 feet; except in the C-1 District,
where the setback may be reduced to zero feet.
D.
Height limitations. Unless otherwise regulated by this chapter, height
regulations shall not apply to the following; however, any such structure
which exceeds a height of 50 feet shall be considered a conditional
use:
(1)
Spires, belfries, cupolas and domes not used for human occupancy.
(2)
Chimneys, ventilators, skylights, bulkheads, ornamental or necessary
mechanical appurtenances, monuments, silos and water towers.
(3)
Masts, aerials, television antennas which are accessory to principal buildings. Masts, aerials, television antennas which are accessory to principal buildings. These height exceptions shall not apply to any communications antennas or communications towers as regulated by § 400-37 of this chapter.
(4)
Parapet walls extending not more than four feet above the regulated
height of the building.
(5)
Public utility structures that are not buildings.
E.
Extension of nonconforming setbacks. A structure which is nonconforming
as to a setback requirement may be extended along the nonconforming
setback line a distance not to exceed 50% of the length of the nonconforming
part of the structure as it existed at the effective date of this
chapter.
F.
Projections into yards. (See § 400-17A for accessory structures.) Certain architectural features may project into required yards as follows:
(1)
Cornices, canopies, eaves, and other architectural features may project
a distance not exceeding two inches per one foot of side yard width
but not exceeding a total projection of three feet.
(2)
Fire escapes may project a distance not exceeding four feet six inches.
(3)
Any stair and necessary landings may project a distance not exceeding
six feet, provided the stair and landing does not extend above the
first floor of the building.
(4)
Bay windows, balconies, fireplaces and chimneys may project a distance
not exceeding three feet, provided that such features do not occupy,
in the aggregate, more than 1/3 of the length of the building wall
on which the feature(s) are located.
(5)
Patios may be located in required yards not less than 20 feet to
any public road right-of-way or 10 feet to any property line.
G.
Reduction of required area or space. The area or dimension of any
existing lot, yard, parking area or other space shall not be reduced
to less than the minimum required by this chapter.
A.
Two or more uses on a lot.
(1)
Development standards. Two or more principal buildings or uses located
on a parcel in single ownership shall conform to all the requirements
of this chapter which would normally apply to each building or use
if each were on a separate district lot, including but not limited
to setbacks, parking, lot coverage, and sewage disposal requirements.
(2)
Residential density. For the purposes of density of residential structures,
lot size shall be increased to maintain the density required by this
chapter. For example, the parcel size required for three single-family
dwellings on one parcel would be determined by multiplying the minimum
lot size for one dwelling by a factor of three.
(3)
Nonresidential uses. In the case of nonresidential uses, there shall
be no limit on the number of uses or structures on a single parcel,
provided all other standards of this chapter are satisfied. This shall
not apply to adult businesses, junkyards, natural resource uses, solid
waste facilities, or other uses with a special size requirement listed
in this chapter, in which case the parcel size shall be increased
to provide for the minimum land area for each use on the parcel.
(4)
Residential and nonresidential on the same lot. In the C-1, C-2 and
M-1 Districts, one residential unit per property shall be permitted
in association with a nonresidential use(s) without an increase in
the minimum lot size requirement, provided said unit is attached to
and is an integral part of the principal nonresidential structure.
The residential unit shall be occupied only by the owner or employee
of the nonresidential use(s). In the case of the C-1 District, the
occupancy of the residential unit shall not be restricted, provided
the unit is situated on the second floor of the nonresidential use.
Any additional residential dwelling units, if provided for in the
district by the Schedule of Uses, shall be permitted on the same lot
as a nonresidential use only if the lot is of sufficient size to meet
the residential unit density required by this chapter in addition
to the land area needed to meet the density requirement for the nonresidential
use.
B.
Street frontage/front yards. A principal building shall be permitted
only upon a lot with frontage on a public or private road right-of-way.
Each yard of a lot which abuts a street shall be equal in size to
the front yard required for the district. Any other yards may be considered
side yards.
C.
Clear view at street intersections. Visual obstructions at street
intersection, including, but not limited to, structures, opaque fences,
vegetation and signs, (excluding an existing building, post, public
utility structures, column or deciduous tree) greater than 30 inches
in height, shall be prohibited on any lot within the triangle formed
by the street right-of-way lines and a line drawn between points along
the street right-of-way lines 30 feet distant from their points of
intersection. More-restrictive standards shall be required in cases
where intersection alignment, topography or other circumstances dictate
same to maintain adequate clear view.
A.
Accessory structures. All accessory structures shall conform to the minimum regulations established in Article IV except as permitted below.
(1)
Unattached accessory structures. All unattached accessory structures shall comply with yard requirements for principal structures. However, accessory structures which are not attached to a principal structure and do not exceed 10 feet in height and 200 square feet in total floor area may be erected within the required side and rear yards of a principal structure, provided that no side or rear yard is reduced to less than 10 feet. In the case of corner lots, the full yard as specified in § 400-16B shall be maintained.
(2)
Attached accessory structures. An accessory structure attached to
a principal building shall be considered to be a part of the principal
building and shall conform to the setbacks for principal structures.
B.
Fences and walls. The erection of any fence or wall in all districts
shall not require a zoning permit, but shall be subject to the following
provisions:
(2)
Fences and walls may be erected in front yards; however, no such
fence or wall shall encroach upon any public right-of-way.
(3)
No fence shall exceed a height of 10 feet except for agricultural
fences.
(4)
Fences and walls may be erected on a side or rear property line,
provided said property line is clearly located and physically marked
on the lots by lot line markers placed in accord with a survey conducted
by a registered land surveyor, and the owners of said lots present
to the Borough a written document executed between said owners establishing
agreement for erection of the subject fence or wall.
(5)
Fences or walls not located on the property line in accord with Subsection B(4) above shall maintain the required front yard setback and shall be set back from side and rear lot lines at least two feet.
(6)
All fence posts and other structural supports shall be located on
the side of said fence towards the interior of the property owned
by the person erecting the subject fence.
C.
Home occupations. It is the intent of this subsection to regulate
the operation of home occupations so that the average neighbor, under
normal circumstances, will not be aware of the existence of the home
occupation. The burden of proof shall be on the applicant to demonstrate
that the standards will be met. Based upon the potential nuisances
of a proposed home occupation not specifically permitted by this section,
the Borough Council may determine that a particular type or intensity
of use is unsuitable to be a home occupation or that the proposed
lot area or setbacks are not adequate. The following standards shall
apply:
(1)
The home occupation(s) must be conducted entirely inside a building
and shall be clearly incidental and secondary to the use of the dwelling
as a residence.
(2)
The total area used by all home occupations on the premises does
not exceed 50% of the gross floor area of the dwelling unit including
basement and accessory structures as existed at the effective date
of this chapter.
(3)
No outdoor display or display visible from out of doors or outdoor
storage of materials, goods, products, supplies or equipment used
in the home occupation(s).
(4)
There shall be no evidence visible from outside the dwelling (show
windows, business displays, advertising, etc.) that the residence
is being operated as a home occupation, except for a sign, if permitted,
and required parking area.
(5)
The home occupation shall be conducted only by members of the family
residing in the dwelling and not more than two persons other than
residents of the dwelling shall be employed on the premises, with
not more than a total of four residents and nonresidents permitted.
(6)
Off-street parking shall be provided on the premises as required
by this chapter to prevent parking on any public or private street
right-of-way.
(7)
No home occupation use shall generate nuisances such as traffic,
noise, vibration, glare, odors, fumes, electrical interference, or
hazards to any greater extent than what is usually experienced in
the residential neighborhood.
(8)
No goods or items for retail or wholesale sale shall be stored on
the premises except for items handcrafted on the premises or goods
and items incidental to the operation of an approved home occupation
with the total display and/or storage area limited to 200 square feet.
(9)
The use shall not require servicing by or parking of tractor-trailer
trucks.
(10)
One two-sided sign not exceeding four square feet in area shall
be permitted to identify the home occupation(s).
(12)
The following uses shall not be permitted as home occupations: commercial stables, veterinarians, commercial kennels or motor vehicle or small engine repair shops, retail or wholesale sales, restaurants, funeral parlors or other uses not meeting the requirements of this § 400-17C.
(13)
The following types of uses shall be permitted as accessory
uses in all districts:
(a)
Professional offices for individual practitioners.
(b)
Rooming and/or housing of not more than two persons.
(c)
Custom dressmaking or tailoring.
(d)
Day care that provides care for six or fewer children at any
one time who are not relatives of the caregiver.
(e)
Tutoring or teaching for not more than six students during any
twenty-four-hour period.
(f)
Mail order or sales businesses not involving customer contact
on the premises or wholesale brokering not involving stock on the
premises.
(g)
Businesses involving the use of personal computers for sales
or services and which do not involve customer contact on the premises.
(h)
Single-chair beauty shops and barbershops.
(14)
All applications for home occupations not specifically enumerated as permitted in § 400-17C(13) or excluded by § 400-17C(12)shall be considered conditional uses.
E.
Home gardening, nurseries and greenhouses. Home gardening and accessory
structures used for nurseries or as greenhouses are permitted in residential
areas, provided they are used by the residents thereof for noncommercial
purposes.
F.
Private outdoor swimming pools.
(1)
Private outdoor swimming pools are permitted as an accessory use
to a residential structure, provided that such swimming pool is for
the private use of the residents of the dwelling unit or for their
guests. Pools and decks shall comply with setbacks for accessory structures.
(2)
A fence, wall or other enclosure not less than four feet high and
of a design to restrict access shall completely surround the area
of any ground-level swimming pool. This enclosure shall be designed
to be difficult for children to climb or slip through. All gates or
door openings through such enclosure shall be self-closing and include
a self-latching device on the pool side for keeping the gate or door
securely closed when the pool is not in use.
(3)
Aboveground pools shall include a secure fence, wall or other enclosure
a minimum of four feet high above the surrounding ground level. This
enclosure may include the walls of the pool itself. Such pools shall
be equipped with an access ladder that can be raised and locked in
a position so that it is a minimum of four feet above the surrounding
ground level or otherwise completely inaccessible to children when
the pool is unattended.
(4)
Access to all pools shall be restricted when the pool is not in use,
whether by fence, wall or integrated in the design of the pool. A
pool cover shall not be deemed adequate to meet this requirement.
(5)
A zoning permit or fence shall not be required for wading pools where
the water does not exceed 10 inches in depth and which are not normally
filled on a constant basis.
G.
Yard sales. Individual private family yard sales are a permitted
accessory use in all zoning districts. A permit shall not be required;
however, yard sales shall be subject to the following specific regulations
and requirements:
(1)
Each individual property location may have a maximum of three yard
sales during any one calendar year. Each sale shall last a maximum
of three consecutive days.
(2)
Yard sales are meant to allow individuals to offer for sale accumulated
normal household items or arts and crafts, and the buying and selling
of commercial or surplus material shall be considered a commercial
operation and shall be prohibited except in districts where permitted
and in accord with the requirements of this chapter.
H.
Private cemeteries. Private cemeteries shall be permitted as an accessory
use in association with parcels of 10 acres or more, with the cemetery
to be on a separately deeded parcel of 1/2 acre.
I.
Stables, private. Private stables are permitted in accord with the Schedule of Uses, subject to the requirements of § 400-36B of this chapter.
J.
Temporary and portable structures. Temporary and portable structures (see definitions in Article III) shall be limited to use only as accessory structures, and a permit shall be required. The use of temporary or portable structures for commercial purposes shall only be permitted as an accessory use to another lawfully exiting nonresidential use, subject to the following: (This shall not apply to special events conducted by community organizations.)
(1)
Number and timing. No more than two permits for a temporary and/or
portable structure shall be issued for the same premises within one
calendar year, and such structures may be erected and maintained for
not more than 30 days for each permit period.
(2)
Location. Tents shall not be erected in any required setback area
and shall not encroach on any portion of a walkway, accessway or required
parking or loading spaces.
A.
Availability of facilities. Off-street parking, loading and unloading
facilities shall be provided to lessen congestion in the streets.
The facilities required herein shall be available throughout the hours
of operation of the particular business or use for which such facilities
are provided. As used herein, the term "parking space" includes either
covered garage space or uncovered parking lot space located off the
public right-of-way.
B.
Size and design of parking spaces. Parking shall be provided in accord
with an overall parking plan prepared in accord with generally accepted
design standards and which takes into consideration access design
and control, size and shape of the parking area; types of vehicles
using the parking area; traffic patterns and other applicable considerations.
The net parking space per vehicle shall be not less than nine feet
wide and 18 feet long. Garages and carports not in the public right-of-way
may be considered parking spaces. Notwithstanding the above, all parking
spaces shall be ample in size for the vehicles for which use is intended.
C.
Lighting. Any lighting used to illuminate any off-street parking
shall be so arranged as to reflect the light away from adjoining premises
and public rights-of-way.
D.
Public rights-of-way. Parking, loading and unloading of vehicles
shall not be permitted on public rights-of-way, except in designated
areas and in accord with Borough parking regulations. No parking area
shall be designed which requires or encourages parked vehicles to
be backed into a public street.
E.
Number of spaces to be provided.
(1)
Any structure or building which is hereafter erected, converted or
enlarged for any of the following uses, or any open area hereafter
used for commercial purposes, shall be provided with off-street parking
spaces adequate to serve such use, but with not less than the minimum
spaces as set forth in the following table, which spaces shall be
readily accessible to the uses served thereby. Fractional numbers
of parking spaces shall be increased to the next whole number.
(2)
For projects involving more than one use and/or structure, the total
number of parking spaces required shall be determined by the sum of
the number of spaces for each individual use.
(4)
Should the applicant for a nonresidential use provide evidence that the number of parking spaces required by this § 400-18 is not necessarily required to meet the immediate needs of the proposed use, the number of spaces provided may be reduced as a conditional use by a maximum of 50%, provided sufficient and suitable area is dedicated to future parking to meet the normal standards in this § 400-18 and the applicant shall agree in writing to install the parking at the direction of the Borough Council. Reserve parking areas shall be included in the calculation of lot coverage area. Parking facilities used jointly by two or more principal uses may be considered for a parking reduction (see § 400-18K).
|
Use
|
Parking Spaces Required
| ||
|---|---|---|---|
|
Dwellings
|
2 per dwelling unit
| ||
|
Elderly housing
|
1.5 per dwelling unit
| ||
|
Homes for handicapped or infirm, nursing homes, group care homes,
halfway houses and similar uses
|
3 per 5 beds
| ||
|
Hotels, motels, boarding and tourist homes, bed-and-breakfast
establishments and other uses providing overnight accommodations
|
1.1 per bedroom
| ||
|
Sales and rental of goods, merchandise and equipment
| |||
|
Retail establishments
|
1 per 200 SFGFA open to the public
| ||
|
Wholesale establishments
|
1 per 800 SFGFA
| ||
|
Flea markets, outdoor markets
|
1 per 200 square feet of lot area designated for display or
sales
| ||
|
Offices, research facilities and services not primarily related
to goods
| |||
|
Serving customers or clients on premises such as attorneys,
physicians, insurance and travel agents
|
1 per 200 SFGFA
| ||
|
Drive-in banks
|
1 per 200 SFGFA open to the public plus reservoir lane capacity
equal to 5 spaces per drive-in window
| ||
|
Serving few customers or clients on premises, such as corporate
offices
|
1 per 250 SFGFA
| ||
|
Funeral homes
|
1 per 100 SFGFA open to the public
| ||
|
Manufacturing, processing, renovating, assembling goods, merchandise
and equipment
|
1 per 600 SFGFA
| ||
|
Educational, cultural, religious, social, fraternal uses
| |||
|
Public schools
|
1.75 per classroom for elementary and middle schools; 5 per
classroom for high schools
| ||
|
Trade and vocational schools; colleges
|
1 per 100 SFGFA open to the public
| ||
|
Churches, synagogues and temples
|
1 per every 4 seats used for services
| ||
|
Libraries and museums, community buildings, social halls, fraternal
clubs and lodges, and similar uses
|
1 per 300 SFGFA open to the public
| ||
|
Recreation, amusement and entertainment
| |||
|
Bowling alleys, skating rinks, indoor athletic or exercise facilities,
and similar uses
|
1 per every 3 persons of fully utilized design capacity (if
measurable in such fashion), otherwise 1 per 200 SFGFA
| ||
|
Movie theaters, stadiums, and similar uses with seating accommodations
|
1 per every 3 seats
| ||
|
Public and private outdoor recreation facilities such as country
clubs, golf courses, swimming pools and similar uses
|
1 per 200 SFGFA open to the public plus 1 per every 2 persons
of fully utilized design capacity
| ||
|
Commercial watercraft docking facilities, including such facilities
at waterfront marinas
|
2 per every 3 slips
| ||
|
Hospitals, clinics and other medical/dental treatment facilities
|
1 per bed or 1 per 200 SFGFA, whichever is greater
| ||
|
Restaurants, bars, taverns and other eating establishments
|
1 per 50 SFGFA open to the public plus reservoir lane capacity
equal to 5 spaces per drive-in window
| ||
|
Vehicle-related uses (see definition of "vehicle" in Article III)
| |||
|
Sales, service, repair
|
1 per 250 SFGFA
| ||
|
Gas sales
|
1 per 250 SFGFA plus sufficient parking area at pumps which
does not interfere with other required spaces
| ||
|
Car wash
|
1 per 100 SFGFA plus 2 reservoir spaces in front of each stall
for self-serve and 5 reservoir spaces for conveyor type
| ||
|
Warehousing and storage
|
1 per 4,000 SFGFA
| ||
|
Miscellaneous uses
| |||
|
Veterinary
|
1 per 200 SFGFA open to the public
| ||
|
Nursery schools and day care
|
1 per 150 SFGFA open to the public
| ||
|
Greenhouses
|
1 per 200 SFGFA open to the public
| ||
|
Emergency services
|
1 per 200 SFGFA open to the public
| ||
|
Junk and scrap yards
|
1 per 200 SFGFA open to the public
| ||
|
Post office
|
1 per 200 SFGFA open to the public
| ||
|
Note: SFGFA means "square feet of gross floor area." Gross floor
area is the sum of the total horizontal areas of the several floors
of a building measured from the exterior face of exterior walls or
from the center line of a wall separating two buildings, but not including
interior parking spaces, loading space for vehicles, or any space
where the floor-to-ceiling height is less than six feet.
|
(5)
For uses not specifically provided above, the Borough shall determine
the required number of spaces based upon the similarity of the proposed
use to the uses provided.
F.
Loading and unloading areas. In addition to the required off-street
parking spaces, the developer of any building erected, converted or
enlarged in any district for commercial, office building, hotel, motel,
restaurant, manufacturing, wholesale, hospital or other nonresidential
uses is to provide adequate off-street areas for loading and unloading
of vehicles. The applicant shall provide details on the type and frequency
of vehicles operating in connection with the proposed use to justify
the loading and unloading areas proposed. Each required space shall
meet the following dimensions:
|
Largest Type of Truck Service
|
Minimum Width
(feet)
|
Minimum Length
(feet)
| |
|---|---|---|---|
|
Tractor-trailer
|
12
|
40 with 12 feet clear height
| |
|
Trucks other than tractor-trailers, pickups or vans
|
10
|
25
| |
|
Pickup truck or van
|
9
|
18
|
G.
Access to off-street parking and loading areas. There shall be adequate
provisions for ingress and egress to all parking and loading spaces
designed for use by employees, customers, delivery services, sales
people and/or the general public. Access to and from all off-street
parking, loading and vehicle service areas along public rights-of-way
shall consist of well-defined separate or common entrances and exits
and shall comply with the following provisions:
(1)
Width. Unless otherwise required by PennDOT for access to a state
road, the width of the driveway/accessway onto a public street at
the edge of the cartway shall be as follows:
|
Width
|
1-Way Use
(feet)
|
2-Way Use
(feet)
| |
|---|---|---|---|
|
Minimum
|
12
|
20
| |
|
Maximum
|
35
|
50
|
(2)
Controlled access. Each entrance and exit shall be clearly defined
with curbing, fencing, landscaping or vegetative screening so as to
prevent access to the area from other than the defined entrance and
exit.
(3)
Highway occupancy permit. A Borough or state highway occupancy permit,
as applicable, shall be required for any new or escalated access to
any public street or any other regulated activity within the right-of-way.
H.
Parking and loading area setbacks. All parking and loading areas (not including parking decks) and parallel circulation and service lanes serving any commercial, industrial, institutional or multifamily use shall be separated from the any public road right-of-way or adjoining property lines by a buffer area not less than five feet wide in C-1 Districts and 15 feet wide in all other districts, unless adjoining uses share parking in accord with § 400-18K.
(1)
Measurement. The width of the buffer shall be measured from the curbline
or from the legal right-of-way line after development if no curbs
will be provided.
(4)
Sidewalks. If sidewalks exist or will be provided, the buffer area
may be provided between the sidewalk and the street or between the
sidewalk and the paving.
I.
Surfacing. Off-street parking areas and driveways/accessways shall
be graded for proper drainage and shall be surfaced so as to provide
a durable and dustless surface, such as a gravel, concrete or bituminous
concrete surface.
J.
Off-lot parking. Required parking may be provided on a different
lot than on the lot on which the principal use is located, provided
the parking is not more than 400 feet from the principal use lot.
Off-lot parking areas shall be permitted only in a district where
the principal use is permitted. Both parcels shall be under the same
control, either by deed or long-term lease, as the property occupied
by such principal use, and the owner shall be bound by covenants of
record filed in the office of the County Recorder of Deeds requiring
the owner and his or her heirs and assigns to maintain the required
number of off-street parking spaces during the existence of said principal
use.
K.
Joint-use parking. In cases where two principal uses share a common property line, shared parking facilities may be utilized. The arrangement for joint-use parking shall be provided by deed restriction for the portion of each parcel included in the shared arrangement. The joint-use parking area may span the common property line thereby eliminating the setback required in § 400-18H. The standards in § 400-18E for number of spaces to be provided shall apply to joint-use parking. To the extent that principal uses operate at different times, the same spaces may be credited to both uses. (Example: If a church parking lot is generally occupied only to 10% of capacity on days other than a Sunday, another development not operating on a Sunday could make use of the unused church lot spaces on weekdays.)
L.
Existing parking areas. No existing parking area or any off-street
parking shall be eliminated, reduced in size or otherwise altered
so that any use is served by less parking than is required by this
chapter.
M.
Parking for residential use. Off-street parking shall be provided in accord with this § 400-18 for all residential uses in all districts.
N.
Handicapped parking. Handicapped spaces shall be provided in accord
with applicable state and federal regulations.
