This Part contains general regulations which apply to several or all zoning districts and which do not require special action of the Planning Commission (except for subdivision review) or special exception uses or variances by the Zoning Hearing Board.
DIMENSIONAL REQUIREMENTS
The dimensional requirements for each district pertaining to minimum lot area, minimum lot width, minimum yards, maximum height and maximum building coverage are specified in Part 5 for permitted uses and Part 10 for special exception uses.
The lot area and yards required for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter. No required lot 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 for which the transfer was made.
Where a minimum lot width is specified, no principal building shall be erected on any part of a lot which has a width of less than is specified, except as may be permitted by § 27-605.
[As amended by Ordinance 646, 4/13/1988, § 4; and by Ordinance 829, 12/18/2002]
1. 
Front Yard Exceptions for Corner Lots. Where an unimproved corner lot is situated adjacent to two improved lots, then the front and side yards of the corner lot which abut the street right-of-way may be reduced to a depth equal to the respective front yards of the adjoining lots provided, however, that each yard may not be reduced to below 10 feet.
2. 
Front Yard Exception. When an unimproved lot is situated between two improved lots, each having a principal building within 20 feet of the side lot line of the unimproved lot, the front yard may be reduced to a depth equal to that of the greater front yard of the two adjoining lots; provided, however, that it may not be reduced to below 10 feet.
3. 
Front- and Rear- Yard Exception. In the C-2 zoning district, parking structures with more than one parking level may reduce the front and rear setbacks to zero feet provided a minimum of a four foot pedestrian walkway is provided along the adjoining street or vehicular way.
4. 
Projections into Yards. Projections into required yards shall be permitted as follows:
A. 
Bay windows, fireplaces, fire escapes, uncovered stairs and landing, balconies and cornices, canopies, eaves and other architectural features not required for structural support may project into the required side, front or rear yard not more than a total of three feet.
B. 
Uncovered patios or porches, terraces, steps or other similar features not over three feet high above the level of the floor of the ground story may be located in the required side and rear yards not closer than three feet to any adjacent property line, and may project into front yards not closer than 10 feet to the street right-of-way line.
5. 
Height Limitations — District height limitations shall not apply to church spires, belfries, cupolas, domes, monuments, water towers, chimneys, smokestacks, silos, flag poles, radio and TV towers, masts and aerials, public utility poles and towers, and parapet walks which extend not more than four feet above the limiting height of the building. Also solar and communication devices shall be exempt from height limitations.
UNIQUE LOT AND BUILDING LOCATIONS
Two or more principal buildings located on a parcel in single ownership shall conform to all the requirements of this chapter which would normally apply to each building if each were on a separate lot.
Where a single lot under individual ownership extends from one street to another parallel or nearly parallel street or alley, the Planning Commission shall decide which street will be considered as the front street. No principal structure shall be erected on the rear of the lot, except as specified in § 27-606 and § 27-608 of this chapter.
Individual lots, existing at the effective date of this chapter, fronting on an alley, shall comply with all the requirements of this chapter and the district in which said lots are located.
The side yard of a corner lot which abuts a street, shall be equal to the required front yard for that street, except as in § 27-605, Subsection 1, above.
1. 
Corner Lots at Street Intersections — No obstruction to vision (other than an existing building, post, column, public utility pole or tower, or trees) exceeding 30 inches above street grade shall be erected or maintained on any lot within the triangle formed by the street intersection, created by the right-of-way line of each street extended to a point, and a line drawn between two points, each located 30 feet from the street intersection. All plant materials shall be kept trimmed to insure uninterrupted vision for motor vehicle traffic.
2. 
At each point where a private accessory intersects a public street or road, a clear-sight triangle of eight feet measured from the point of intersection of the street line and the edge of the accessory, shall be maintained, within which vegetation and other visual obstructions shall be limited to a height of not more than 30 inches above the street grade.
ACCESSORY STRUCTURES AND USES
[As amended by Ord. 910, 12/2/2009, § 4; by Ord. 950, 10/20/2011]
All accessory structures shall conform with the minimum yard regulations established in Part 5, except as permitted below:
1. 
Unattached Structures Accessory to Residential Buildings — Structures accessory to residential buildings which are not attached to a principal structure may be erected within the required side and rear yards of a principal structure provided that they conform with the following:
A. 
Maximum Height. 1-1/2 stories or 15 feet in height.
B. 
Distance from Side Lot Line — Not less than four feet from the side lot line, except in the case of corner lots where the full side yard as specified in § 27-609 shall be maintained.
C. 
Distance from Rear Lot Line — Not less than four feet from the rear lot line.
D. 
Distance from Principal Structure — Not less than 10 feet from any principal structure, including a principal structure, on an adjoining lot.
2. 
Unattached Structure Accessory to Nonresidential Buildings — Accessory structures shall comply with front and side yard requirements for the principal structure and shall have a minimum rear yard of at least 10 feet.
3. 
Fences and Retaining Walls — Unless specifically noted the setback provisions of this chapter shall not apply to fences.
A. 
No fence may be more than six feet in height above the average natural grade.
B. 
No fence shall contain barbed wire or other injurious materials.
C. 
Walls other than retaining walls shall not be permitted as fences in any residential zoning district.
D. 
Chain link fencing shall not be used between a building face and public right-of-way. Treatments such as decorative wrought iron should be used instead.
(1) 
Height Limitations.
(a) 
All yards fronting a public street: 42 inches 3 1/2 feet.
(b) 
Side and rear yards: six feet 72 inches.
(2) 
Construction and Placement.
(a) 
Setback: zero foot setback from all property lines.
(b) 
The higher quality and/or side without posts must face adjoining properties.
(c) 
Visibility Triangle: fence or wall may not impede vision above 2.5 feet within the area 30 feet from two intersecting street right-of-way lines.
(3) 
Materials.
(a) 
Must be durable, weather resistant, rust proof, and easily maintained.
(b) 
Acceptable materials include wrought iron, vinyl, wood, wire, and others of a similar look.
(c) 
Must be kept in good condition, plumb, true, and without damage.
Accessory Structures.tif
4. 
Antenna, Standard (includes amateur radio antenna):
A. 
A standard antenna is permitted by right in all districts as an accessory use.
B. 
A standard antenna, including its supporting structure, shall have a maximum total height above the average surrounding ground level of 35 feet, or 15 feet above the top of the building to which the antenna is attached, whichever is less restrictive, except that an amateur radio antenna may have a maximum total height of 75 feet.
C. 
An antenna shall be properly anchored to resist high winds.
D. 
A freestanding standard antenna shall meet the minimum setbacks that apply to an accessory building.
[As amended by Ord. 608, 3/13/1985; by Ord. 646, 4/13/1988, § 5]
A single home occupation per dwelling unit is permitted as an accessory use to a residential structure, provided that such home occupation shall be conducted only by the residents of the dwelling unit who may not employ more than one additional nonresident person and that the only external evidence of the home occupation shall be a sign not exceeding 1 1/2 square feet in area.
1. 
A home occupation shall occupy no more than 25% of the floor area of the dwelling unit.
2. 
No display of products and no mechanical or electrical equipment associated with the home occupation shall be visible from the exterior of the building.
3. 
Home occupation shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes, and shall be restricted to professional offices, the training and tutoring of up to four adults in small classes, care and education of children numbering more than three and not more than six, in-home child care services limited to more than three and no more than six children who are not related by blood, adopted or agency placed for foster care, custom dress making, millinery or tailoring, beauty salons, and rooming or boarding of not more than four persons.
4. 
Prior to the use or occupancy of any land or building or for any change of use of any existing building or for any change or use of land, as a home occupation, a Home Occupation Permit shall be secured from the Zoning Officer. The purpose of a Home Occupation Permit is to certify that the premises comply with the provisions of this ordinance [this chapter] and may be used for the purposes set forth in the Home Occupation Permit subject to the standards established in § 27-612 hereof, and subject to compliance with any building code adopted in the Borough. With respect to in-home child care services, the applicant must exhibit any appropriate license or certificate issued by the Commonwealth of Pennsylvania. A copy of the Home Occupation Permit shall be kept upon the premises, and shall be displayed on request made by the Zoning Officer or other enforcement officer of the municipality.
5. 
Every person having a home occupation in his/her residence shall provide one off-street parking space for the nonresident employee, if any. In addition, every person having a home occupation in his/her residence shall provide the same number of off-street parking spaces required for that use (profession or business) by § 27-701 of this Chapter 27, provided the required off-street parking spaces may be provided off-lot if located within 300 feet of the home occupation site.
Home gardening and accessory structures used for nurseries or as greenhouses, are permitted in residential areas, provided they are used by the residents for noncommercial purposes and provided further that they shall not include the outdoor storage of equipment and supplies.
A single private outdoor swimming pool per dwelling unit is 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. Such pool may be located within the required rear yards for the district in which the pool is to be located except that no portion of the body of water in the pool shall be located closer to the property line than four feet and no portion of any walks or accessory pool appurtenances surrounding the body of water shall be closer than two feet to any property line.
1. 
Fences Around Pools. All pools shall be surrounded and enclosed by a four-foot high fence structurally suitable to deter direct access to the body of water in the pool. Such a fence shall not have openings, holes or gaps therein larger than four inches in width, no larger than four inches in length except for doors or gates; provided, however, that if a picket fence is erected or maintained, the horizontal dimensions shall not exceed four inches, provided, further, that a dwelling house or accessory building may be used as a part of such a fence.
All gates or doors opening through such enclosures shall be equipped with a self-closing and self-latching device designed to keep, and capable of keeping, such door or gate securely closed at all times when not in actual use; provided, however, that the door of any dwelling occupied by human beings and forming any part of the enclosure hereinabove required, need not be so equipped.
Fences shall be constructed of weather resistive materials and shall be assembled or fabricated with sufficient rigidity to prevent any substantial alterations or deformation of the lawful openings, holes or gaps.
The sides of a pool constructed above the ground level shall be considered to meet the requirements for a fence preventing direct access to the pool provided that such sides of the pool are at least four feet high and provided further that any stairs, steps or ladders used to reach the water surface of the pool shall be removable or capable of being folded up or secured in such a way which will prevent their use when the pool is not in operation by the residents of the property or their guests.
Any pool whose body of water is closer than six feet to a property line shall be shielded by a six-foot high privacy fence, hedge or other suitable visual obstruction which shall serve to screen the pool from the adjoining property. Such a privacy fence may also serve as the fence required to deter direct access to the body of water as required herein if it conforms with the other requirements of this section.
DEVELOPMENT DESIGN REQUIREMENTS
1. 
The size of lots specified in Part 5 shall apply in all cases except where such lots are not served with public sewer and/or water facilities. In such cases, the Zoning Officer shall require the owner or applicant to make such tests as are needed to determine the adequacy of the lot for on-site sewage treatment. All such tests must be conducted under the auspices of a Sewage Enforcement Officer licensed by the Pennsylvania Department of Environmental Resources.
2. 
The Zoning Officer shall review the findings of the tests and submit them to the Zoning Hearing Board which shall make a final decision on the adequacy of the lot size for the proposed development. The Zoning Hearing Board may request the applicant to submit any additional information needed to make a determination. The Board shall consult with the Borough Engineer prior to making a final determination on the application.
In order to encourage the sound development of highway frontage and to minimize traffic congestion and hazard, the following special provisions shall apply:
1. 
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, planting strip, wall, or other suitable barrier against unchanneled motor vehicle entrance or exit, except for necessary accessways or access roads which supply entrance 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 back-up of vehicles on a public street while awaiting entry to the lot.
2. 
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 for each 300 feet of frontage. Where practicable, access to parking areas shall be provided by a common service driveway or minor street in order to avoid direct access to a major street.
3. 
In the case of a shopping center, or a similar grouping of buildings on a lot, and in any other case where practicable:
A. 
All buildings shall front upon a marginal street, service road, common parking lot or similar area and not directly upon a public street;
B. 
All points of vehicular access to and from a public street shall be located not less than 200 feet from the intersection of any public street lines with each other, provided, however, that such a point of vehicular access, which in effect, converts a "T" intersection into an intersection of two streets which cross one another, shall be permitted;
C. 
Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the center, or other unified development, without undue congestion to, or interference with normal traffic flow within the Borough;
D. 
All streets and accessways shall conform to the specifications determined by the Borough Engineer and the requirements of the Borough of Stroudsburg Subdivision Ordinance. Provision shall be made for adequate signalization, turn, standby and deceleration lanes, and similar facilities where desirable.
4. 
All driveways, aisles, maneuvering spaces, vehicular service areas or spaces between or about buildings, other than those related to a dwelling shall be adequately illuminated during night hours of use.
Adequate screening shall be provided along the side and rear boundaries of any manufacturing or commercial use or of any off-street parking or loading area for more than five vehicles which abut a residential or institutional use or along the boundaries of any other use where such screening is required.
1. 
Nonresidential uses existing at the time of passage of this chapter which are not conducted in a completely enclosed building and open construction, storage, and junk yards shall be screened in accordance with the provisions of this section.
2. 
Screening shall consist of a visual screen or obstruction of sufficient height, but not less than six feet high, to effectively obscure the area being screened from adjoining uses. Such a screen or obstruction shall consist of a suitable fence or wall or of appropriate planting materials such as shrubs, hedges or trees located within a buffer strip having a minimum width of five feet. Such fence, wall or planting materials shall be maintained in good condition without any advertising thereon. Any space between such fence, wall or planting materials and adjoining lot line shall be attractively surfaced and/or landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition.
GENERAL PERFORMANCE STANDARDS
All uses and activities established after the effective date of this chapter, unless otherwise indicated, shall comply with the following standards:
1. 
Noise. The sound level of any operation (other than outdoor athletic facilities and the operation of motor vehicles or other transportation facilities, operations involved in the construction or demolition of structures, emergency alarm signals or time signals) shall not exceed the decibel levels in the designated octave bands as stated below. The sound-pressure level shall be measured with a Sound Level Meter and an Octave Band Analyzer that conform to specifications published by the American Standards Association (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z 24, 3-1944, American Standards Association, Inc., New York, New York, and the American Standard Specification for Octave-Band Filter Set for the Analysis of Noise and Other Sounds, Z 24, 10-1953, American Standards Association, Inc., New York, New York, shall be used).
The maximum permissible sound-pressure levels for smooth and continuous noise shall be as follows (all of the decibel levels stated below shall apply in each case):
Frequency Band
(Cycles per Second)
Maximum Permitted Sound-Pressure Level
(Decibels)
0 — 150
67
150 — 300
59
300 — 600
52
600 — 1,200
46
1,200 — 2,400
40
2,400 — 4,800
34
Above 4800
32
If the noise is not smooth and continuous or is radiated during sleeping hours, one or more of the corrections shall be added to or subtracted from each of the decibel levels given above.
Type of Operation or Character of Noise
Correction in Decibels
Noise occurs between the hours of 10:00 p.m. and 7:00 a.m.
3
Noise occurs less than 5% of any one-hour period
+5
Noise is of periodic character (hum, scream, etc.), or is of impulsive character (hammering, etc.). (In the case of impulsive noise, the correction shall apply only to the average pressure during an impulse, and impulse peaks shall not exceed the basic standards given above).
2. 
Smoke, Dust, Fumes, Gases, Odors, Mists, Vapors and Pollens. The emission of smoke, dust, fumes, gases, odors, mists, vapors, pollens and similar matter, or any combination thereof, which can cause any damage to human or animal health or vegetation, or to other forms of property, or which can cause any soiling or staining of persons or property at the point beyond the lot line of the use creating the emission is prohibited. Standards concerning such emissions shall be in accord with the rules and regulations of the following source: The Air Pollution Control Act, the Act of January 8, 1960, P.L. 2119, as amended 35 P.S., Article 4001, et seq.
3. 
Heat and Glare. Any operation producing glare and/or heat shall be performed within an enclosed building or in such a manner as not to be visible or to produce any effect beyond the property line of the lot on which the operation is located.
4. 
Vibrations. No use shall cause earth vibrations or concussions detectable beyond its lot lines without the aid of instruments with the exception of that vibration produced as a result of construction activity.
5. 
Electric, Diesel, Gas or Other Power. Every use requiring power shall be so operated that the service lines, substation or other facilities shall conform to the highest safety requirements, and shall be so constructed and installed as to be an integral part of the architectural features of the plant and, except for essential poles and wires, shall not extend into any yard and shall be suitably screened from streets or any adjacent property which would be deleteriously affected by such installations.
6. 
Storage and Waste Disposal. The following general regulations shall apply to the storage of materials and the disposal of materials:
A. 
No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above ground, except 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.
B. 
All outdoor storage facilities for fuel, raw materials and products; and all fuel, raw materials and products stored outdoors shall be enclosed by an approved safety fence.
C. 
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.
D. 
All materials or wastes which might cause fumes 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 which are adequate to eliminate such hazards.
[Added by Ord. No. 1131, 7/19/2022]
1. 
The creation of a zero-lot-line home or a condominium shall have restrictive covenants or condominium instruments approved by the Borough Solicitor and Council that address matters of mutual concern between the dwelling units. The declaration of covenants and restrictions shall be approved prior to recording of such documents, and prior to final plat approval for any portion or phase of the development. The restrictive covenants shall be filed with the Codes Office prior to the issuance of any permit to split two-family dwellings into zero-lot-line homes or creation of a condominium or conversion condominium.
2. 
The matters of mutual concern must address, at a minimum, the following matters:
A. 
Share of Repair and Maintenance. The cost of reasonable repair and maintenance of each party wall shall be shared by the owners who make use of the wall in proportion to the use.
B. 
Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty or by physical deterioration, any owner who has used the wall may restore it, and shall have an easement over the adjoining dwelling unit for the purposes of making such restoration, and if other owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such owner to call for a larger contribution from other owners under any rule of law regarding liability for negligent or willful acts or omission.
C. 
Right of Contribution Runs with Land. The right of any owner to receive any contribution from any other owner under this section shall be appurtenant to the lot and shall pass to such owner's successors in title.
D. 
Encroachment. If any portions of a dwelling unit or any lot shall actually encroach upon any other lot within the properties, or if any such encroachment shall hereafter arise because of settling or shifting of the building or other cause, there shall be deemed to be an easement in favor of the owner of the encroaching dwelling unit to the extent of such encroachment so long as the same shall exist.
E. 
Easements. Easements shall be provided across zero lot lines where necessary for water, sewer, and utility services.
F. 
Mechanics' Liens. Each owner of a dwelling unit agrees to indemnify and hold harmless the owner of an adjoining dwelling unit for any mechanics' liens arising from work done or material supplied to make repairs or replacements for which the defaulting owner is responsible.
G. 
Insurance; Replacement. Each owner shall maintain fire and extended coverage insurance on their dwelling unit to the full replacement value/construction cost thereof, and, in the event of damage to or destruction of their dwelling unit, shall restore it to the condition in which it was prior to the damage or destruction.
H. 
Maintenance. Each owner of a dwelling unit shall maintain their lot and the exterior of their dwelling unit in good condition and repair and in a neat and clean condition.
I. 
Architectural Control. The owner of a dwelling unit may replace exterior components of the other owner's dwelling unit with similar components of the same design and color, and may paint the exterior of the owner's dwelling unit with paint of the existing color of the exterior, but the owner may not, either in the course of ordinary replacement or remodeling or restoration after damage or destruction, employ different siding or roofing material or a different color scheme, without the written consent of the owner of the adjoining dwelling unit, nor without a HARB COA if applicable.