[Ord. 588, 4/12/1995, § 1500]
This Part contains provisions which are concerned with certain
additional matters of a general or specific applicability and which
are not included elsewhere in the chapter.
[Ord. 588, 4/12/1995, § 1501]
No activities which require the moving of earth or the filling
or excavation of an area shall occur without a building permit issued
by the Building Inspector. Finish grading or incidental grading of
a lot in minor earth moving from one place to another on a lot for
the establishment of a yard or for landscaping shall not require a
building permit. The deposit of soils, detritus or other debris which
would be unsightly or detrimental to surrounding properties, streets,
sewers and natural watercourses as a result of sight preparation grading
and/or excavating shall be prohibited.
[Ord. 588, 4/12/1995, § 1502]
1.
A dwelling existing at the time this chapter becomes effective may
be converted into no more than three dwelling units provided the following
requirements are met:
A.
The lot area per dwelling unit shall not be less than 3,000 square
feet.
B.
All other district requirements shall be met.
C.
No alteration of the building exterior shall be made except as may
be necessary for health or safety purposes.
D.
Fire escapes shall be enclosed and shall not be on any wall facing
a street.
[Ord. 588, 4/12/1995, § 1503]
1.
Accessory uses, buildings, and structures shall include, but not
necessarily be limited to the following:
A.
Accessory uses, buildings and structures shall include, but not necessarily
be limited to, a detached private garage, private parking space, barn,
shed, shelter for pets owned by the property owner, swimming pool,
tennis court, bathhouse, private greenhouse and quarters for guests
and servants.
B.
Detached Garages. Detached private garages shall be permitted in
any residential district subject to the following requirements:
(1)
Maximum capacity: three private non-commercial vehicles or two
commercial vehicles rated at one ton or less.
(2)
Maximum height: 20 feet.
(3)
No garage shall be located within any required front or side yard area except for corner lots as set forth in § 27-1509 herein.
(4)
The minimum setback for a detached garage from any side or rear
lot line shall be not less than five feet.
C.
Accessory Use Structures in Yards.
(1)
In any district, unless otherwise specified (or implied by the
requirements for a buffer planting strip), accessory use structures
or buildings shall be located, erected or maintained in the rear yard
with the exception of driveways which shall be permitted in side yard.
(2)
No accessory building or structure shall be located within five
feet of any rear or side lot line in a required rear lot area except
for fences which define property boundary lines or serve as a required
continuous visible buffer.
(3)
No dwelling unit shall be permitted in any accessory building
or structure.
(4)
No accessory buildings and structures other than private garages
shall exceed 10 feet in height except as hereinafter set forth.
(5)
Pole, mast, tower, or other structures when erected and operated
by the occupier thereof who is an amateur radio operator duly licensed
by the Federal Communication Commission shall be permitted accessories.
(b)
Microwave Antennas for Satellite Communication. All parabolic
ground or roof base reflectors together with the pedestal and any
other attachments and parts, commonly referred to as a "dish-shaped
antenna," used, or intended to receive radio or electromagnetic waves
from an overhead satellite shall conform to the following:
1)
The diameter of a ground based reflector shall not exceed nine
feet and the diameter of a roof mounted dish shall not exceed four
feet.
2)
When ground mounted, the entire structure including the microwave
antenna shall not exceed 15 feet.
3)
Any such structure shall be placed only in the rear yard except
on corner lots where antennas shall be permitted in side yards and
not closer than 10 feet to a property line and 10 feet from any building.
4)
When roof mounted the dish shall be located on the portion of
the roof sloping away from the front of the lot and no part shall
project above the roofline.
5)
No more than one microwave antenna shall be permitted on a lot.
6)
Before erecting any such structure a building permit shall be
obtained.
D.
Sheds. In addition to complying with the general requirements for
accessory buildings and structures set forth in this section, sheds
shall also comply with the following:
[Added by Ord. No. 2017-743, 4/12/2017]
(1)
Only one shed shall be permitted on a lot.
(2)
Utility sheds shall not be used for parking or storage of automobiles,
trucks or commercial vehicles.
(3)
Sheds shall be located, erected and maintained in rear yards
only.
(4)
Sheds shall not cover an area which exceeds 3% of the lot area.
(5)
No shed shall exceed 200 square feet.
[Ord. 588, 4/12/1995, § 1504]
1.
Home occupations may be permitted only by special exception granted
by the Zoning Hearing board subject to the following requirements.
A.
The activity or occupation shall be conducted entirely within the
dwelling by a resident of the dwelling.
B.
The amount of floor area used for such occupation shall not exceed
25% of the total floor area of the dwelling.
C.
No more than three non-residents shall be employed.
D.
A sufficient number of additional off-street parking spaces shall
be provided.
E.
There shall be no displays or any change on, or to the exterior of
the building.
F.
One identification sign shall be permitted in accordance with the
appropriate provisions of Part 14.
G.
Activities involving the commercial manufacture or processing of
products shall not be permitted.
[Ord. 588, 4/12/1995, § 1505]
1.
Swimming pools permitted as an accessory use shall comply with the
following conditions and requirements:
A.
The pool is intended and is to be used solely for the enjoyment of
the occupants of the principal permitted use of the property on which
it is located and their guests.
B.
Non-commercial swimming pools designated to contain more than 18
inches of water shall be erected in conformity with the following
requirements.
(1)
A permit shall be required to locate, construct, or maintain
a non-commercial swimming pool.
(2)
Swimming pools shall be in the rear or side yard only and shall
not be in the front yard. They shall be no closer to a property line
than 10 feet in a residential district. In no case shall such pool
be located under any electrical lines or over utility lines.
(3)
Every non-commercial swimming pool shall be entirely enclosed
with a good quality chain-link, wooden, or other equivalent fence
of not less than four feet in height with locking gate.
(4)
If the water for such pool is supplied from a private well,
there shall be no cross-connection with a public water supply system.
(5)
If the water for such pool is supplied from a public water supply
system, the inlet shall be above the overflow level of said pool.
(6)
No permit shall be granted for the installation or construction
of any in-ground pool, permanent pool or portable pool having a capacity
of 15,000 gallons or more, unless the Borough Engineer has certified
that the drainage of such pool is adequate and will not interfere
with the water supply system, with existing sanitary facilities or
with public streets.
(7)
Private swimming pools shall be designed, located, installed,
and operated in accordance with this chapter, the Borough Swimming
Pool Ordinance, the Borough Building Code, and any other applicable
ordinance.
[Ord. 588, 4/12/1995, § 1506; as amended by Ord.
No. 2017-743, 4/12/2017]
1.
Permit Application and Plans.
A.
No person shall erect any fence, wall, or similar structure within
the Borough without first having made application to the Building
Inspector and obtained a permit therefrom.
B.
Application for a fence, wall or other similar structure permit shall
be submitted to the Building Inspector together with two sets of plans
and specifications setting forth the details, area and depth of the
proposed construction in all of its parts, together with a plot plan
showing the location of the buildings on the lot, the fencing, existing
and planned, and the height and aperture dimensions thereof. All applications
shall be accompanied by a certification on a form provided by the
Borough and completed by the property owner certifying that the location
of the proposed fence, wall or structure is completely within the
applicant's property lines.
2.
It shall be unlawful to construct any fence, wall or similar structure,
in an area zoned for residential purposes, between the front building
line and the street. However, where the front yard of a residential
property abuts a commercial property, either property owner may be
permitted to erect a fence, wall or similar structure along the mutual
property line up to the public right-of-way boundary to serve as a
continuous visual buffer. In no case shall a fence, wall or other
similar structure ever intrude into the public right-of-way.
3.
It shall be unlawful to construct any fence, wall or similar structure,
in an area zoned for residential purposes, to a height greater than
six feet above ground level. In all nonresidential districts, no fence,
wall or similar structure shall be constructed to a height greater
than eight feet above ground level. However, fences surrounding tennis
courts and ball fields may have a height of not more than 12 feet
above ground level.
4.
It shall be unlawful to construct any fence, wall or similar structure
equipped with or having barbed wire, spikes or any similar device.
5.
Any fence which is made in whole or in part of wood shall have the
support posts facing the interior of the property.
6.
For the purposes of this section only, where a property has more
than one street frontage, it shall be deemed to have one front yard,
two side yards, and one rear yard.
7.
All fences shall be maintained in sturdy and good condition.
[Ord. 588, 4/12/1995, § 1507]
1.
Except for licensed non-commercial vehicles rated at 1 ton or less,
no commercial vehicle, machinery, trailer, mobile home, or other similar
equipment shall be parked for more than seven days or stored outside
in any residential district within any front yard area, or within
any required side or rear yard areas for more than seven days.
2.
No more than one recreational vehicle, boat, and/or travel trailer
owned and licensed to a member of the family of the owner or tenant
residing at the premises shall be stored in the rear yard of the principal
permitted use or in a garage or roofed structure and unless parked
in garage shall be screened from adjacent properties by landscaping
approved by Borough Council.
3.
The parking of any licensed vehicle or commercial vehicle rated at
one ton or less in a front yard area shall occur only upon a driveway
or area specifically designed and constructed for that purpose.
[Ord. 588, 4/12/1995, § 1508]
1.
On any corner lot there shall be two front yards, one side yard and
one rear yard and the required front yard building setback shall be
provided along both streets.
2.
On any corner lot, no wall, fence or other structures shall be erected
or maintained and no hedge, tree, shrub or other growth shall be planted,
grown or maintained which may cause danger to traffic by obscuring
the view or shall in other way be a source of danger.
3.
Where a lot is located at the intersection of two streets, no obstruction
of any kind whatsoever of a greater height than 18 inches shall be
maintained or permitted within a triangle the legs of which measured
from the intersection of the curb lines at the corner shall be 30
feet on streets which are state highways and 25 feet on Borough streets.
4.
Private garages may be erected in either the side yard or rear yard.
[Ord. 588, 4/12/1995, § 1509]
1.
Commercial and Industrial Districts Adjoining Residential Districts.
Where any commercial or industrial district adjoins any residential
district, an area at least 20 feet wide, in commercial or industrial
district along the property line or district boundary separating the
two districts, shall be suitably planted with trees, shrubs, etc.,
and maintained at all times.
2.
Parking Lots and Areas. All parking lots and areas, whether commercial
or private, shall be designed and located so as to reduce their obtrusiveness.
At a minimum, suitable landscape plantings and/or other acceptable
visual screens or barriers, shall be provided in combination with
all such lots and areas for the purpose of easing the visual impact
of such facilities.
[Ord. 588, 4/12/1995, § 1510]
The height limitations contained in the district regulations
do not apply to spires, belfries, cupolas, antennas, water tanks,
ventilators, chimneys or other appurtenances usually located above
the roof of a building or structure.
[Ord. 588, 4/12/1995, § 1511]
1.
Lot Area and Yard Requirements. The lot or yard requirements for
any permitted building or use shall not include any part of a lot
that is required by any other permitted building or use to comply
with the requirements of this chapter. No required lot area of yard
shall include any property, the ownership of which has been transferred
subsequent to the effective date of this chapter, if such property
was a part of the area required for compliance with the dimensional
requirements applicable to the lot from which such transfer was made.
2.
Exceptions to the Minimum Lot Areas and Lot Widths. The provisions of this chapter shall not prevent the construction of a building, provided the yard requirements are observed on any lot which was lawful when created and which, prior to the effective date of this chapter, was in separate ownership duly recorded by plan or deed, subject to the provisions of Subsections 3 and 5 below.
3.
Front Yard Regulations. Where a minimum depth of front yard is specified
in a district an open space of at least the specified depth shall
be provided between the street line or lines and the nearest point
of any building or structure except as may be hereinafter permitted.
4.
Exceptions to Required Front Yard for Certain Accessory Uses. The
front yard requirements for any district for accessory signs and off-street
parking facilities may be waived at the direction of the Zoning Hearing
Board.
5.
Side and Rear Yard Requirements. Where a minimum width of side yard is specified, no building or other structure shall be erected within such width from either side lot line, except as provided in Subsection 6.
6.
Projections into Required Yards. No building or part hereof shall be erected within, or shall project into, any required minimum yard set back in any district except for unenclosed porches, terraces, patios, platforms, or other uncovered spaces, buttresses, chimneys, cornices, piers, or pilasters, unenclosed fire escapes, steps, bay windows and balconies and accessory use structures as provided for in § 27-1504. However, no such projection shall extend any closer than 15 feet from a property line.
|
Space provided to satisfy the yard and area requirements for
any building or structure, either existing or proposed, shall not
be used to meet the yard and area requirements for any other building
or structure.
|
[Ord. 588, 4/12/1995, § 1512; as amended by Ord.
731, 2/11/2015]
1.
It is the intent of these regulations to prevent land or buildings,
including those permitted by right, by conditional use or by special
exception, from being used or occupied in any manner so as to create
any dangerous, injurious, noxious or otherwise objectionable condition
such as fire, explosion or other hazards, noise or vibration, glare
or heat, conditions conducive to the breeding of rodents or insects
or other substance, condition or element in a manner or amount as
to adversely affect the surrounding area. All uses shall operate in
conformance with the environmental controls set forth herein and relevant
statutes, codes, rules and other regulations of the United States
government, the Commonwealth of Pennsylvania, Delaware County, governmental,
quasi-governmental, and governmentally regulated bodies, companies
and authority entities and other ordinances of the Borough of Morton.
The most stringent regulation applicable shall be used.
2.
All plans for proposed development in the Borough shall illustrate,
depict, note or otherwise demonstrate compliance with this section
in accordance with the requirements of the subdivision regulations.[1]
[1]
Editor's Note: The Delaware County Subdivision and Land
Development Ordinance is applicable in the Borough.
3.
Noise Control.
A.
The following provisions shall apply to any noise producing source
within the Borough:
(1)
No person shall make, continue, or cause to be made or continued,
any noise disturbance.
(2)
The following acts and the causing thereof are declared to be
noise disturbances and, therefore, in violation of this chapter.
(a)
Operating, playing, or permitting the operation or playing of
any radio, television, phonograph, drum, musical instrument, sound
amplifier, automobile radio, automobile stereo or high fidelity equipment
or similar device which produces, reproduces or amplifies sound:
1)
At any time in such manner as to cause such disturbance across
a lot line or between the hours of 7:00 p.m. of one and 7:00 a.m.
of the following day so as to be audible across a lot line of the
receiving land use.
2)
In such a manner as to create such disturbance across such a
lot line or at 50 feet from such source, whichever is less, when the
source is operated in, from or on a motor vehicle, or hand-carried,
on a public right-of-way or public space.
3)
In such a manner and at a time to cause such disturbance and
which disturbs the peace and quiet of the immediate neighborhood.
(b)
Engaging in loud or raucous yelling, shouting, hooting, whistling,
or singing on the public streets between the hours of 7:00 p.m. of
one day and 7:00 a.m. of the following day, or at any time or place
in such a manner as to cause such disturbance.
(c)
Operating or permitting the operation of any tools or equipment
on construction operations, drilling or demolition or other work;
or in the sweeping of parking lots in areas adjacent to residential
districts or within a 1,000 feet of residential districts between
the hours of 7:00 p.m. of one day and 7:00 a.m. the following day
on weekdays and Saturdays or at any time on Sunday or legal holidays,
such that the sound therefrom causes such disturbance across a residential
lot line, except for emergency work.
(d)
Operating or permitting the operation of any saw, drill, sander,
grinder, lawn or garden tool, snowblower or similar devices used outdoors
between the hours of 7:00 p.m. of one day and 7:00 a.m. of the following
day in such a manner as to cause such disturbance across a residential
lot line. This section shall not apply to municipal or utility services
in or about the public right-of-way.
(e)
Loading, opening, closing, or other handling of boxes, crates,
containers, building materials, garbage cans or other objects between
the hours of 7:00 p.m. of one day and 7:00 a.m. of the following day
in such a manner as to cause such disturbance across a residential
lot line. This section shall not apply to municipal or utility services
in or about the public right-of-way.
(f)
Owning, possessing, harboring, or controlling any animal or
bird which howls, barks, meows, squawks, or makes other sounds continuously
and/or incessantly for a period of 10 minutes or makes such noise
intermittently for 1/2 hour or more to the disturbance of any person
at any time of the day or night regardless of whether the animal or
bird is situated in or upon private property; provided, however, that
at the time the animal or bird is making the noise, no person is trespassing
or threatening to trespass upon private property in or upon which
the animal or bird is situated or for any other cause which teased
or provoked the animal or bird.
(g)
Offering for sale or selling by shouting or outcry or by any
other amplified or, sound except between the hours of 7:00 a.m. of
one day and 7:00 p.m. of the same day, provided that the same is done
at no time in such a manner as to violate subparagraph (5) herein.
(h)
The removal or rendering inoperative by any person other than
for the purposes of maintenance, repair, replacement or other work
of any muffler or sound dissipative device or element of design or
noise label of any product; the intentional moving or rendering inaccurate
or inoperative of any sound monitoring instrument or other device
positioned by or for the Borough or other government entity, provided,
such device or the immediate area is clearly labeled, or posted, to
warn of the potential illegality; and, the use of a product which
has had a muffler or sound dissipative device or element of design
or noise label removed or rendered inoperative, with knowledge or
reason to know that such action has occurred.
(i)
Repairing, rebuilding or testing or otherwise working on any
motorcycle or other motor vehicle, motorboat, or aircraft in such
a manner as to cause such disturbance cross a lot line of the receiving
land use.
(3)
The following provisions shall govern motor vehicle noise controls:
(a)
No person shall operate or cause to be operated a public or
private motorcycle or other motor vehicle, on a public right-of-way
at any time in such a manner that the sound level emitted by the motorcycle
or other vehicle, or any equipment attached to such a vehicle exceeds
the level set forth in the official Pennsylvania Department of Transportation
Handbook of Vehicle Code Regulations, Chapter 450, "Established Sound
Levels," as promulgated under the Vehicle Code, 75 Pa.C.S.A. § 101
et seq.
(b)
No person shall operate or permit the operation of any motorcycle
or other motor vehicle, or any auxiliary equipment attached to such
a vehicle for a period longer than 15 minutes in any hour while the
vehicle is stationary, for reasons other than traffic congestion,
anywhere within 150 feet of any residence in such a manner as to cause
a noise disturbance across a lot line of the receiving land use.
(c)
No person shall at any time, sound the horn or other warning
device except when absolutely necessary as a warning of a clear and
present danger of imminent harm.
(d)
No person shall operate sound amplifying equipment mounted on,
or attached to any motor vehicle at any time in such manner as to
exceed maximum permissible motor vehicle noise emissions.
(4)
The noise from any of the aforesaid prohibited acts that disturbs
two or more residents or other owners in use or occupancy who are
in agreement as to the times and durations of the noise and who occupy
separate residences or other buildings, including apartments, townhouses,
and the like, located across the lot line of the receiving land use,
shall be prima facie evidence of a noise disturbance.
(5)
No person shall operate or cause to be operated any noise producing
source in such a manner as to create a sound level which exceeds the
limits set forth for the receiving land use category in the following
table, more than 10% of any measurement period which shall not be
less than 30 minutes no more than 60 minutes when measured at or beyond
the lot line of the receiving land use. Any sound source that produces
sound in excess of those levels shall constitute a noise disturbance.
|
Sound Levels by Receiving Land Use
| |||
|---|---|---|---|
|
Receiving land Use Category
|
Time
|
Sound Level Limit
| |
|
Residential, public space, open space, agricultural or institutional
|
1) 7:00 a.m. - 7:00 p.m.
|
57 dBA
| |
|
2) 7:00 a.m. - 7:00 p.m.
|
52 dBA
| ||
|
Commercial or business
|
At all times
|
65 dBA
| |
|
Industrial
|
At all times
|
75 dBA
| |
(6)
Notwithstanding the provisions of subparagraph (5) herein, for
any noise-producing source of sound the maximum sound level shall
not at any time exceed the sound level limits in the table above by:
(7)
A violation of subparagraphs (5) and (6) above shall be construed
to occur when the dBA limits are exceeded more than once during any
consecutive ten-day period.
(8)
In the event the background ambient sound levels exceed the
sound level limit set forth in subparagraph (5), the sound level of
the intrusive noise producing source shall be measured with the ambient
background sound level being substituted as the sound level limit
in subparagraph (5).
(9)
All sound measurements shall be made on a sound level meter
calibrated in the manner required by the manufacturers specifications
and such meter shall be approved by the American National Standards
Institute (ANSI) or its successor body or such other society, organization
or the like approved by the Borough Council. All sound level measurements
shall be taken at an elevation five feet above the ground.
(10)
The following sounds are exempt from the provisions above:
(a)
Blasting only if performed in accordance with a permit issued
by the Fire Marshall. Such blasting may occur only between 9:00 a.m.
and 4:00 p.m. Monday through Friday, unless specifically authorized
by the permit.
(b)
Band concerts, church carnivals or other performances or similar
activities publicly or privately sponsored and presented in any public
or private space outdoors shall be exempt from the provisions of this
chapter provided such activities do not produce sound 15 dBA in excess
of the sound levels set forth in subparagraph (5) herein, and do not
occur between 10:00 p.m. on one day and 10:00 a.m. on the following
day.
(c)
Sounds caused by the performance of emergency work or by the
ordinary and accepted use of emergency apparatus and equipment.
(d)
Sounds resulting from the repair or replacement of any municipal
or utility installation in or about the public right-of-way.
(e)
Sounds not electronically amplified, created by organized school
related programs, activities, athletic and entertainment events, or
other public programs, activities or events, other than motor vehicle
racing events.
(f)
Sounds made by warning devices operating continuously for three
minutes or less except in the event of an actual emergency the time
limitation shall not apply.
(11)
Any noise which occurs on a lot which, according to this chapter
is being used in a legally nonconforming manner, and which noise relates
to said use, shall be judged as if the lot bore a zoning designation
under which the use would be conforming.
4.
Glare and Heat Control. Direct or sky-reflected glare, whether from
spotlights, floodlights or from high temperature processes such as
combustion or welding or from other source so as to be visible at
the lot line of the receiving land use shall be prohibited. There
shall be no emission or transmission of heat or heated air so as to
be discernible at the lot line of the receiving land use.
5.
Vibration Control. Operating or permitting the operation of any device
that creates vibration which is above the vibration perception threshold
of an individual at or beyond the property boundary of the source,
or on private property, or at 50 feet from the source, of on a public
space or public right-of-way, shall be prohibited. For the purposes
of this section, "vibration perception threshold" means the minimum
ground-or-structure borne vibrational motion necessary to cause a
normal person to be aware of the vibration by such direct means as,
but not limited to, sensation by touch or visual observation of moving
objects.
6.
Storage Control.
A.
No flammable, highly volatile or explosive liquids, solids or gases
shall be stored in bulk above the ground, except that tanks or drums
of fuel directly connecting with energy devices, heating devices or
appliances located and operated on the same lot as the tanks or drums
of fuel may be stored above ground, provided that such tanks or drums
are not more than 2,000 gallons. All such tanks or drums shall be
painted or otherwise coated white or other heat reflective color.
All federal, state and local laws shall be met.
B.
All outdoor storage facilities for fuel in excess of 55 gallons,
raw materials and other products stored outdoors, including those
permitted in subparagraph (5) as above, shall be enclosed by a fence
of a type, construction and size and shall be adequate to protect
and conceal the facilities from any adjacent properties. Fencing shall
not only encompass the question of safety but also constitute a visual
buffer. All federal, state and local laws shall be met.
C.
No materials or wastes shall be deposited upon a lot in such form
or manner that they may be transported off by any causes or forces
of nature, nor shall any substance which can contaminate a stream
or other watercourse or otherwise render such stream or other watercourse
undesirable as a source of water supply or recreation or which will
destroy or otherwise harm aquatic life be allowed to enter any stream
or other watercourse or cause or contribute to a violation of federal,
state or local law.
D.
No materials or wastes shall be deposited upon a lot in such form
or manner that they may be transported off by any causes or forces
of nature to damage, destroy or create hazards or contamination to
humans, terrestrial wildlife, soil and/or vegetables.
E.
Underground storage of flammable, combustible, explosive or other
hazardous substances or materials and the construction or installation
of tanks and other receptacles therefore shall be in accordance with
the Fire Prevention Code and subject to the approval of the Fire Marshall
to the extent such approval is not preempted by federal or state law.
Any such approval, if given, may be given subject to such conditions
as the Borough Council deems necessary to protect the public health,
welfare and safety.
F.
All materials or wastes which cause or are reasonable likely to cause
fumes, odors or dust or which constitute a fire hazard or which may
be edible or otherwise attractive to rodents or insects shall be stored
outdoors only if enclosed in containers adequate to eliminate such
hazards. All federal, state and local laws shall be met.
7.
Glare and Heat Control. Direct or sky-reflected glare, whether from
spotlights, floodlights or from high temperature processes such as
combustion or welding or from other source, so as to be visible at
the lot line of the receiving land use shall be prohibited. There
shall be no emission or transmission of heat or heated air so as to
be discernible at the lot line of the receiving land use.
8.
Fire and Explosion Control. All activities and all storage of flammable
and explosive materials at any point within a lot shall be provided
with adequate safety and firefighting devices in accordance with the
International Fire Prevention Code in effect at the time such activity
or storage is occurring.
[Ord. 588, 4/12/1995, § 1513]
1.
In order to encourage the sound development of highway frontage and
to minimize traffic congestion and hazard, the following special provisions
shall apply:
A.
All areas for off-street parking, off-street loading and unloading
and the storage or movement of motor vehicles shall be physically
separated from the highway or street by a raised curb, buffer planting
strip, fence, wall, berm or other suitable barrier against unchannelled
motor vehicle entrance or exit, except for necessary accessways or
access roads which provide ingress to and egress from such parking,
loading or storage area. All parking areas or lots shall be designed
to prohibit vehicles from backing out on the street, and the capacity
of each lot shall provide adequate storage area and distribution facilities
upon the lot to prevent backup or vehicles on a public street while
awaiting entry to the lot.
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, and no business
or other use with 100 feet or more of frontage on a public street
shall have more than two accessways to any one street. Where practicable,
access to parking areas shall be provided by a common service driveway
or service street in order to avoid direct access to a public street.
C.
No driveway shall be located within 30 feet of the intersection of
any street right-of-way lines.
D.
Driveway entrances shall be no narrower than 10 feet or wider than
30 feet.
[Ord. 588, 4/12/1995, § 1514]
No primary building shall be erected on a lot having access
only from an alley.
[Ord. 588, 4/12/1995, § 1515]
Where a building setback line has been established on at least
50% of the properties in a block, or within 100 feet of a proposed
building or development, that does not conform with the above requirements,
the required setback distance may be varied at the discretion of Borough
Council. In no case shall the required distance be less than the average
existing setbacks in either instance.
[Ord. 588, 4/12/1995, § 1516]
1.
Buffer areas as defined in Part 2 and required in various districts
shall be adjacent to a property boundary.
2.
Buffer areas shall be landscaped and maintained in accordance with
plans as approved by Borough Council.
3.
All plantings shall be installed and maintained for the full width
required in a particular district, except that certain structures
may be placed within the buffer area, including:
A.
The required plantings and related landscape treatment such as berms,
fence or walls which aid in screening and do not conflict with the
character of adjoining properties or block the clear sight distance
required at intersections.
B.
Appurtenant landscaping structures, such as tree wells, tree guards,
and tree grates and retaining walls used to preserve stands of existing
trees or used for other functional purposes.
C.
Roads that provide direct ingress/egress for the tract, including
appurtenant structures within such road rights-of-way such as curbs,
sidewalks, signs, lighting standards or benches.
[Ord. 588, 4/12/1995, § 1517]
1.
Exemptions. The use regulations of this chapter shall apply to any
existing or proposed building or extension thereof used or to be used
by a public utility corporation, unless, upon petition of the corporation,
the Pennsylvania Public Utility Commission shall, after public hearings,
decide that the present or proposed situation of the building in question
is reasonably necessary for the convenience or welfare of the public.
2.
Lot Area and Coverage. The minimum lot area and maximum coverage
regulations of this chapter shall apply to public utility facilities,
unless the Pennsylvania Public Utility Commission decides that the
proposed building in question is reasonably necessary as stated above;
provided, however, that all yard and maximum height regulations shall
apply, except for necessary towers, poles and lighting rods and arresters.
[Ord. 588, 4/12/1995, § 1518]
1.
Continuation. All structures, uses of structures and uses of land
that do not conform to the regulations of the district in which they
are located after the effective date of this chapter shall be regarded
as nonconforming, and the following regulations shall apply to them.
2.
Alteration or Extension.
A.
Nonconforming Structure. Nonconforming structures may be altered, reconstructed or enlarged, provided that such alteration, reconstruction or enlargement does not increase the extent of the nonconformity more than 10% of the structure on the effective date of this chapter. In the case of a nonconforming structure, which is used by a nonconforming use, such alteration, extension or enlargement shall also meet the requirements of Subsection 2C(3) below.
B.
Nonconforming Lots. A building may be constructed on any lot which
was lawful when created and which, prior to the effective date of
this chapter, was in separate ownership duly recorded by plan or deed,
provided that the yard requirements of this chapter are observed.
C.
Nonconforming Uses. Nonconforming uses shall not be altered, reconstructed,
extended or enlarged, except in accordance with the following provisions:
(1)
Such alteration, reconstruction, extension or enlargement shall
be permitted only by special exception under the provisions of Part
18.
(2)
Such alteration, reconstruction, extension or enlargement shall
be only upon the same lot as in existence at the date the use became
nonconforming.
(3)
Any increase in volume or area of the nonconforming use shall
not exceed an aggregate of more than 10%, of said volume or floor
area, during the life of the nonconformity.
3.
Restoration. A nonconforming building or any building containing
a nonconforming use wholly or partially destroyed by fire, explosion,
flood or other phenomenon or legally condemned may be reconstructed
and used for the same nonconforming use, provided that reconstruction
of the building shall be commenced within one year from the date the
building was destroyed or condemned and shall be carried on without
interruption or else the nonconforming building or use shall be deemed
to be abandoned.
4.
Ownership. Whenever a lot is sold to a new owner, the new owner may
continue a previously lawful nonconforming use.
5.
Abandonment. If a nonconforming use of a building or land is abandoned for 12 consecutive months, whereby the owner discontinues the use with the intention neither of transferring rights of the property to another owner nor of resuming the use of the property, the subsequent use of such building or land shall conform to the regulations of the district in which it is located, unless another nonconforming use is approved by the Zoning Hearing Board in accordance with Subsection 2C(2) and that such approved use is initiated within 30 days after the end of the twelve-month period.
6.
Changes. Once changed to a conforming use, no structure of land shall
be permitted to revert to a nonconforming use. A nonconforming use
may be changed to another equally restrictive or more restrictive
nonconforming use only if permitted as a special exception by the
Zoning Hearing Board and subject to the following conditions:
A.
The applicant shall show that a nonconforming use cannot reasonably
be changed to a conforming use.
B.
The applicant shall show that the proposed change will be no more
objectionable in external effects than the existing nonconforming
use or will be more appropriate than the existing nonconforming use
with regard to:
7.
District Changes. Whenever the boundaries of a district are changed
so as to transfer an area from one district to another district, the
foregoing provisions shall also apply to any nonconforming uses or
structures existing in the district to which the area was transferred.
[Ord. 588, 4/12/1995, § 1519]
No lot or premises in any part of the Borough shall hereinafter
be used to keep or raise any pigeons, fowl of any kind, horses, ponies,
cows, sheep, pigs or any farm animals or wild animals and reptiles
whether domesticated or not.
[Ord. 588, 4/12/1995, § 1520]
1.
A temporary permit may be issued by the Building Inspector for structures
or uses necessary during construction or other special circumstances
of a non-recurring nature subject to the following additional provisions:
[Ord. 588, 4/12/1995, § 1521]
1.
Residential day care centers shall in addition to all standard and
criteria in this chapter be subject to the following:
A.
Residential day care centers and operator of center shall be licensed
by the Commonwealth of Pennsylvania.
B.
Center shall be contained within the residence of the owner/operator
and the essential character of the building as a residence shall be
maintained.
C.
Signage shall be limited to one sign not to exceed 144 square inches
in area.
D.
No more than six children shall be cared for at any one time.
E.
A responsible adult shall be in attendance at all times when children
are in attendance.
F.
Owner/operator of residential day care center may employ no more
than two assistants.
G.
Two additional off-street parking spaces shall be required for employees
and/or visitors.
