[Ord. 778, 5/8/2012, § 1]
1.
General.
A.
Within the districts established by this chapter, or amendments that
may later be adopted, there exist:
B.
It is the intent of this chapter that any lawful use of a structure
or land existing at the effective date of this chapter may be continued
although such use does not conform to the provisions of this chapter.
Such uses may be sold or otherwise transferred to other owners and
continued as nonconforming uses.
[Ord. 778, 5/8/2012, § 1]
1.
Fences or walls and hedges or shrubbery shall conform to the following
conditions:
A.
No fence, wall or other similar structure and no hedge, shrubbery
or other similar vegetation shall exceed a height of six feet.
B.
On any lot, no fence, wall or other structure and no hedge, shrub
or other vegetation shall obstruct or interfere with the visibility
of vehicular traffic on the abutting streets or alleys, or with the
visibility of vehicular traffic from a driveway on the owner's lot
or any adjacent lot.
C.
To prevent the creation of a traffic hazard by impairing the view
at a street intersection, a clear sight triangle shall be maintained.
Such triangle shall consist of the center lines of the intersecting
streets or alleys and a line joining points on such center lines 75
feet in each direction from their point of intersection. Within this
triangular area, no fence, wall or other structure and no hedge, shrub
or other vegetation shall exceed a height of 3 1/2 feet above
the surface of the intersection.
D.
No fence other than an ornamental fence, as defined, less than 30
inches in height, shall be erected in a required front yard.
[Ord. 778, 5/8/2012, § 1]
Temporary structures for office or for storage trailers, or
dumpsters used in conjunction with construction work shall be permitted
only during the period that the construction work is in progress.
Permits for temporary structures or trailers shall be issued for a
six-month period and may be renewed upon reapplication to the Zoning
Officer. Temporary occupancy of cellars or other foundation structures
as dwellings before completion of the total structure shall not be
permitted.
[Ord. 778, 5/8/2012, § 1]
Essential services, as defined in this chapter, shall be permitted
in all districts, subject to the restrictions approved by the Borough
Council with respect to use, design, yard area, setback and height,
and screen planting.
[Ord. 778, 5/8/2012, § 1]
1.
No lot or premises shall be used as a garbage dump, junk yard or
for other junk storage. No manure, rubbish or miscellaneous refuse
may be stored in the open in any district where the same may be construed
as a menace to the public health and safety.
2.
No unregistered vehicle, trailer, mobile home, camping trailer, boat
or boat trailer or other similar portable or mobile vehicles or equipment
shall be stored in any district except when completely confined in
a building, or a partially enclosed carport. No such storage shall
be permitted within required yard setback areas.
[Ord. 778, 5/8/2012, § 1]
1.
No mobile home, camping trailer or similar vehicle and/or recreation
vehicle shall be occupied for residential purposes in any district
except as provided for in Part 13, nor shall such mobile or portable
vehicles or equipment be occupied for residential purposes after being
placed on a permanent foundation.
2.
The Borough Council and the Borough Planning Commission hereby make
the following finding: that the Borough is substantially built-out,
(94.6% was economically used in 1971 according to the Borough Comprehensive
Plan, reconfirmed in the Borough's year 2001 Comprehensive Plan Update,
and the same source indicates that 85% of the housing units were built
prior to 1939), and the established architectural concept is to be
perpetuated. In keeping with this finding, it is further found that
mobile homes are architecturally incompatible and in stark conflict
with the architectural themes of homes in Beaver Borough. Therefore,
it is determined that the best interests of the Borough and the citizenry
are served by not permitting mobile homes in the Borough except as
provided for in Part 13.
[Ord. 778, 5/8/2012, § 1]
The height limitations of this chapter shall not apply to flag
poles, church spires, belfries, domes, chimneys, ventilation equipment,
sky lights, water tanks, public utility facilities, bulkheads, antenna
and other necessary mechanical and operational apparatus usually carried
above the roof level, or similar projections not used for human habitation.
[Ord. 778, 5/8/2012, § 1]
1.
Measurement of height shall be the vertical height from the average
elevation of finished grade at the front of the structure to:
[Ord. 778, 5/8/2012, § 1]
No lot shall be reduced so that the yard area, lot width, building
area or other requirements of this chapter are violated.
[Ord. 778, 5/8/2012, § 1]
Notwithstanding the limitations imposed by any other provisions
of this chapter, the Zoning Hearing Board may permit erection of a
single-family dwelling on any lot (in a district where permitted by
this chapter) separately owned, or under contract of sale, and containing
at the time of the passage of this chapter an area or width smaller
than that required for a single-family dwelling.
[Ord. 778, 5/8/2012, § 1]
All swimming pools and impoundments of water 18 inches deep with a surface area of 72 square feet shall be properly fenced so as not to become a hazard to any person. All in-ground or above-ground pools shall be designed and constructed as per the applicable provisions of the Pennsylvania Uniform Construction Code [Chapter 4, Part 6]. The purpose of a protective structure (fence, wall, etc.) is to minimize accidents, and bodily injury to citizens, therefore fences or walls shall be at least four feet in height measured from the ground line at a point at the side of the wall or fence that is outside of the enclosure area of the pool. When approved by the Zoning Officer, a fence may be securely installed on top of a concrete, stone or brick wall and the total height of the wall and fence together shall not be less than 4 1/2 feet (54 inches). No opening in the fence, wall or combination thereof shall be larger than two inches by two inches and all gates shall have self-catching latches.
[Ord. 778, 5/8/2012, § 1]
1.
All structures attached to the principal structure, whether open
or closed, including porches, carports and attached garages above
grade level, shall not project into any minimum front, side or rear
yard.
2.
Cornices, eaves and glitters, steps or stoops, balconies and bay
windows may project into yard areas provided that the projection does
not exceed 18 inches.
3.
Detached accessory buildings and detached carports shall be subject
to all yard regulations and must be located in the rear yard of the
principal building at least two feet from any side and/or rear property
lines. They shall not exceed 16 feet in height.
4.
Existing porches that encroach into required yard areas may be enclosed
and/or roofed provided that the enclosure and/or roof is within the
vertical projection of the original porch foundation.
[Ord. 778, 5/8/2012, § 1]
Any school or public building and/or public property abandoned,
sold, donated or otherwise transferred from school ownership and jurisdiction,
shall thereafter be subject to all the regulations of the zoning district
in which such is located.
[Ord. 778, 5/8/2012, § 1]
For zoning purposes, all areas annexed to the Borough after
the official adoption of this chapter shall be classified as R-1 Low
Density Residential District until such time as is required to fully
evaluate annexed areas and to amend classifications as deemed necessary.
[Ord. 778, 5/8/2012, § 1]
1.
In addition to other applicable Borough regulations, yard sales are
subject to the following restrictions:
A.
The seller must be a bona fide resident of the premises at which
the event is held or, if more than one seller is involved one must
be a resident of the premises and all must be residents of Beaver
Borough.
B.
The merchandise offered shall consist only of items of clothing or
household goods belong to the seller(s).
C.
The merchandise offered shall not consist of goods purchased by the
seller(s) for the purpose of resale.
D.
A yard sale shall not continue at a particular site for more than
two consecutive days.
E.
No more than two yard sales may be conducted at one site in a calendar
year.
F.
A permit issued by the Borough is required for each yard sale. The
permit shall be issued promptly upon the filing of a completed application
with the Borough.
[Ord. 778, 5/8/2012, § 1]
1.
The front of every building intended or used for human occupancy
(including, but not limited to, commercial, personal service, professional
service and any and all governmental uses) shall face a public street.
2.
To avoid an inharmonious or undesirable orientation of building fronts,
the front of each main building shall face the same public street
as the fronts of adjacent main buildings. On a corner lot, the front
of the main building shall be oriented so as to be most compatible
with adjacent buildings and uses.
3.
For the purpose of this Part, the front of the building shall be
considered that wall which faces the greatest street right-of-way
width and which carries the highest volume of traffic in a twenty-four-hour
period.
[Ord. 778, 5/8/2012, § 1]
1.
Prior to commencing any logging or forest extraction activity, a
site plan locating significant specimens or stands of timber, access
drives to the lot or parcel, stream channels crossing said lot or
parcel and the location of temporary structures, shall be submitted
to the Planning Commission, or where applicable, to the Shade Tree
Commission. The removal of three or fewer specimens shall be exempt
from the requirements of this section.
2.
A public hearing shall be scheduled to consider the impacts of said
activity on existing residentially zoned property in close proximity
to the subject property.
3.
A schedule of timber removal and a restabilization plan shall be
submitted prior to the date of the scheduled public hearing and made
available for review by Borough residents and officials.
4.
All current state and federal regulations controlling forest extraction
and related activities shall be adhered to.
[Ord. 778, 5/8/2012, § 1]
1.
The business or commercial activity must satisfy the following requirements:
A.
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
B.
No employees other than family members who reside in the dwelling
may work from the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
D.
There shall be no outside appearance of a business use including,
but not limited to, parking, signs or lights.
E.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
F.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
G.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
H.
The business may not involve any illegal activity.
[Ord. 778, 5/8/2012, § 1]
1.
Bufferyards Described.
A.
No structure or uses shall be permitted in the bufferyard, other
than active or passive recreation facilities and stormwater management
facilities, provided the structures or uses do not interfere with
the required plantings in the bufferyard and provided all plantings
are located outside any stormwater management structure. Structures
or uses not permitted within the required bufferyard include, but
are not limited to, buildings, accessory structures, parking spaces,
access drives and lighting devices.
B.
Openings for driveways shall be permitted to cross a required bufferyard.
Plantings in the bufferyard shall be located so as to not obstruct
vision for traffic entering and leaving the site and shall be subject
to the clear sight triangle requirements of this chapter.
C.
In the event that existing vegetation and/or existing topography
provides screening which is adequate to meet the intent of the required
bufferyard to screen the buildings, activities and parking areas from
adjoining residential properties, the Borough Council, upon recommendation
by the Planning Commission may determine that existing topography
and/or vegetation constitutes all or part of the required bufferyard.
If such a determination is made and the size of the bufferyard warrants
it, the applicant may be required to record a conservation easement
of the depth specified by the Borough Council to guarantee that the
existing topography and/or vegetation will not be disturbed or removed
from the approved bufferyard.
D.
None of the plantings in the required bufferyard shall encroach across
any property line. All plantings shall be located a minimum of 2 1/2
feet from the property line which constitutes the exterior boundary
of the bufferyard.
E.
In the event that a public street right-of-way, dedicated and accepted
by the Borough or any dedicated right-of-way recorded in a plan of
subdivision, whether or not accepted by the Borough, separates the
two dissimilar uses specified, the bufferyard shall not be required
(except as otherwise specified), provided the width of the right-of-way
equals or exceeds the width of the required bufferyard and one row
of low level plantings or a landscaped earthen mound is provided on
the property to screen headlights from view as described in this section.
F.
Bufferyard "A" shall contain two rows of plantings. Each row shall
consist of a mixture of deciduous and evergreen trees which are a
minimum of 60% evergreen, spaced within the row 10 feet apart, measured
from the vertical center lines of adjacent trees. The two rows shall
be staggered which shall result in adjacent trees on two different
rows being no more than five feet apart, measured from the vertical
center line of the trees. The depth of Bufferyard "A" shall be a minimum
of 20 feet as measured from the property line.
G.
Bufferyard "B" shall contain one row of plantings consisting of a
mixture of deciduous and evergreen trees which are a minimum of 60%
evergreen spaced within the row 10 feet apart, measured from the vertical
center line of the trees. The depth of Bufferyard "B" shall be a minimum
of 15 feet as measured from the property line.
H.
Bufferyard "C" shall be comprised of a continuous, compact evergreen
hedge or line of evergreen trees that will grow together when mature
which are a minimum of six feet in height at the time of planting
(seven feet at maturity). The depth of Bufferyard "C" shall be a minimum
of 10 feet as measured from the property line. Bufferyard "C" shall
be used in conjunction with all required service area screening.
I.
Where 20 or more parking spaces face the required bufferyard, in
addition to the required trees, the required plantings and/or earthen
mounding specified in this section, shall be provided.
2.
Bufferyards Required.
A.
Bufferyard "A" shall be required.
(1)
Along all property lines where any development or redevelopment
in the RC-1 and RC-2 Districts adjoins developed property in a residential
district.
(2)
Where the express standards and criteria for a conditional use or use by special exception in Part 15 of this chapter specify that Bufferyard "A" is required.
(3)
Along all property lines where a retirement community, planned
residential development or any other residential development which
contains townhouses or garden apartments adjoins property in any commercial
district.
(4)
Along all property lines where development or redevelopment
in any commercial district adjoins property in any residential district.
B.
Bufferyard "B" shall be required.
(1)
Along all property lines where any development or redevelopment
in a commercial (SC, GCW or GCE) district adjoins property in a residential
district.
C.
Bufferyard "C" shall be required.
(1)
Where the express standards and criteria for a conditional use or use by special exception in Part 15 of this chapter specify that Bufferyard "C" is required.
(2)
In the event that the existing lot coverage by building and
paving on a developed lot is such that providing the required Bufferyard
"C" is not physically feasible, the Borough Council, upon recommendation
of the Planning Commission, may authorize the use of a screening fence
along the property line which is not less than four feet and no more
than six feet in height in place of the required Bufferyard "C." The
screening fence shall not contain any gate, opening or other interruption,
whether permanent or temporary.
D.
Where 20 or more parking spaces face the bufferyard, in addition
to the required trees, a row of low level evergreen shrubs or hedges
shall be planted, or earthen mounding shall be constructed in the
bufferyard which shall provide a year-round visual screen capable
of acting as a barrier to light beams emanating from the headlights
of motor vehicles. These low level shrubs or hedges or mounds shall
be installed so that a person facing a motor vehicle with the shrubs
or hedges or mounds between him/her and the vehicle could observe
the vehicle's low beam lights only as a result of the diffused or
reflected light from the headlights and not because the direct beam
from those lights was observable. The earthen mound shall be a minimum
of three feet in height at its center point with a minimum width at
the base of 10 feet. Low level shrubs or hedges shall be a minimum
of three feet at the time of planting.
3.
Conflict between bufferyard and yard requirements. When the width
of a required bufferyard is in conflict with the minimum yard requirements
of Parts 4 through 12, the greater distance shall apply. The bufferyard
planting requirement shall be adhered to regardless of what the yard
requirement is.
4.
Existing Structures in Bufferyards. In instances where an existing
structure is located within any required bufferyard, the bufferyard
may be reduced, provided the bufferyard is not less than the minimum
distance between the existing structure and the property line. This
reduced bufferyard width shall apply only to the side of the structure
which encroaches on the required bufferyard. When required by this
section, the full width of the bufferyard shall apply on all other
sides of the existing structure.
5.
Existing Trees in Bufferyards. Where trees already exist within the
required bufferyard, these trees shall remain undisturbed, except
that diseased or dead material may be removed. Any existing tree within
the required bufferyard shall count as a required tree if it is a
minimum of two inches in diameter at a point one foot above the ground.
6.
Size of Trees in Required Bufferyards. Any existing trees within
the required bufferyard which are a minimum of two inches in diameter
at a point one foot above the ground shall be preserved and shall
count as a required tree within the bufferyard. At no point, however,
shall any existing trees and required trees be separated at a distance
greater than the distance specified in the required bufferyard.
7.
All trees required to be planted within the bufferyard shall be a
minimum of two inches in diameter at a point one foot above the ground
measured along the trunk of the planted tree which tree shall be planted
in accordance with accepted conservation practices.
8.
Responsibility for Maintenance. It shall be the continuing responsibility of the landowner or lessee to assure the continued growth of all required landscaping and/or to replace the same in the event of frost, vandalism, disease or other reasons for the discontinued growth of the required trees, shrubs and bushes. Failure to replace such landscaping shall be a violation of this chapter and shall be subject to the enforcement provisions of Part 15 of this chapter.
9.
Stormwater Management Facilities in Buffer Areas. When required by
the Borough stormwater management regulations, stormwater management
facilities and structures may be located within a bufferyard; however,
the existence of such facilities or structures shall not be a basis
for a failure to meet the planting requirements in the bufferyard.
10.
Landscaping of Open Areas. All yard areas not utilized for parking
facilities, driveways, gardens, the planting of trees or shrubs, flower,
vegetable or herb beds or similar uses shall be seeded, sodded or
landscaped within a reasonable period of time. The phrase "a reasonable
period of time" shall be interpreted to be within 30 days after construction
activities are completed, unless those activities are completed between
November 1 through April 1 time period.
11.
In such case, the required sodding or seeding must occur within 30
days of April 1.
12.
Landscaping Specifications. Landscaping shall be provided in accordance
with the following specifications:
A.
Planting required in bufferyards cannot be substituted for any required
planting mandated in this section.
B.
Where bufferyards are required and in land developments where additional
landscaping is required, a landscaping plan, with detailed drawings,
shall be submitted with the application for approval of the land development
and this landscaping plan shall contain and show the following information:
(1)
All required bufferyards with proposed plantings (identifying
each proposed tree, bush or shrub by type and size) drawn to scale
and identifying the height and width of any proposed mounds.
(2)
All required planting independent of any bufferyard requirements
(identifying each tree, bush, shrub by type and size, the use of sod
or seeding, etc.) drawn to scale.
(3)
Any planting in excess of the requirements in this section.
(4)
Any existing trees or vegetation which are to be preserved,
accurately identifying type, size and their relative location.
(5)
Any existing trees or vegetation which will be removed, accurately
identifying their type, size and relative location.
C.
For nonresidential developments which have a building or buildings
with a gross floor area of 10,000 square feet or more and/or which
have parking areas containing more than 50 spaces, a landscaping plan
shall be required which shows compliance with this section, subject
to approval by the Borough.
D.
For residential land developments containing townhouses or garden
apartments on lots which have a total area of one acre or more, at
least one deciduous tree shall be planted for each 10 multiple family
dwelling units or portion thereof.
E.
All trees which are required to be planted as per the regulations
of this section shall be a minimum of two inches in diameter at a
point one foot above the ground at the time of planting measured along
the trunk of the planted tree which tree shall be planted in accordance
with accepted conservation practices.
F.
Whenever an open parking area abuts a public street, a planting strip,
at least five feet in depth, planted and maintained with shrubbery,
trees or other landscape or decorative materials, shall be installed
across the entire frontage of the property in order to prohibit vehicles
access, except at approved ingress and egress points.
G.
In all zoning districts, all areas not utilized for buildings, structures,
screening, parking facilities, driveways or other paved areas shall
be graded to conform to existing contours on adjacent properties and
to contain stormwater runoff on the lot. These areas shall be seeded,
sodded, or landscaped within one year following the completion of
grading and/or construction activities. Continued maintenance of soil
erosion and sedimentation control techniques as approved by the Borough
Engineer or person authorized by Borough Council, shall be required
until such planting can be accomplished.
[1]
Editor's Note: The Screening Diagrams and Screening Requirements Chart that are part of this section are included as attachments to this chapter.
[Ord. 778, 5/8/2012, § 1]
1.
Compliance. No use, land or structure in any district shall involve
any element or cause any condition that may be dangerous, injurious
or noxious, or cause offensive odor, smoke, dust, dirt, noise, vibration,
glare, excessive traffic, attract vermin, rodents or harbor destructive
insects, constitute a nuisance or be a detriment to the health, safety,
moral or general welfare of the community or to any other person or
property in the Borough. All uses in all districts shall be subject
to the following standards of operation.
2.
Environmental Performance Standards. The developer shall determine
the presence of environmental or natural features on any site proposed
for land development or redevelopment and shall meet the following
standards for environmental protection. Site alterations, erosion
and sedimentation control, regrading, filling, the clearing of vegetation
or timbering and forestry activities without an appropriate and current
permit prior to approval of the plans for development or redevelopment,
shall be a violation of this Part.
A.
Floodway Delineation. One-hundred-year floodways shall be delineated
as per the provisions of the current Borough ordinance. Within the
floodway, the following uses and activities having a low flood damage
potential and not obstructing flood flows shall be permitted, in addition
to those uses listed, provided that they are in compliance with the
provisions of the underlying district. Where an overlap occurs and
are not prohibited by any other ordinance, and do not require structures,
fill or storage of materials and equipment:
B.
Floodplains. For the purpose of this section, normally dry land area adjacent to stream channels, that is susceptible to being inundated by overbank stream flows. Development and redevelopment activities shall be regulated as per the provisions of Part 13, "FP Floodplain District."
C.
Steep Slopes. In areas of steep slopes, i.e., those above 15%, the
following standards shall apply, except as approved by the Borough
Engineer or person authorized by Borough Council.
(1)
Sixteen percent to 24%. No more than 60% of such areas shall
be developed and/or regraded or stripped of vegetation.
(2)
Twenty-five percent or more. Earth disturbance activities in
these areas in preparation for development are restricted except as
approved by the Borough Engineer or person authorized by Borough Council.
D.
Forest. No more than 50% of any forest as defined may be cleared
or developed, unless trees are the primary crop being harvested.
E.
Ponds, Watercourses or Wetlands. No development, filling, piping
or diverting shall be permitted except for required roads and utility
line extensions, unless permitted by the appropriate state, county
or regulatory agency.
F.
Stormwater Drainage and Management. All plans shall comply with the provisions of the Beaver Borough Subdivision and Land Development [Chapter 22], and all amendments thereto.
G.
Soil Erosion and Sedimentation. With any earth disturbance there
shall be control of erosion and the protection of streams and ponds
from sedimentation in accordance with the Clean Streams Law, P.L.
1987, 35 P.S. § 691.1 et seq., 25 Pa. Code, Chapter 102,
and the "Soil Erosion and Sedimentation Control Manual" of the Pennsylvania
Department of Environmental Protection. In addition, a soil erosion
and sediment control plan (ES & SC plan) shall be required as
part of the application for any Borough permit where earth disturbance
or excavation will occur. As a minimum where sediment can be transported
away from the disturbed area, a silt fence or straw bale barrier shall
be erected and maintained in working order until vegetation is fully
established as determined by the Pennsylvania Department of Environmental
Protection, or erosion resistant ground cover has been installed.
Additional sediment pollution control measures may be required where
land development is more extensive than single-family construction.
3.
Odor. Those standards for the control of odorous emissions established
by the Pennsylvania Department of Environmental Protection (PADEP)
shall be applied in all zoning districts. Where an odor is deemed
offensive, a duly authorized Borough representative shall refer the
matter to the Pennsylvania Department of Environmental Protection
(PADEP) where it has jurisdiction relative to an established airshed.
4.
Storage and Waste Disposal.
A.
No highly flammable, explosive or toxic liquids, solids or gases
shall be stored in bulk (over 500 gallons), above ground, except in
an enclosed building and except new tanks or drums of fuel connected
directly with energy devices or heating appliances located and operated
on the same lot as the tanks or drums of fuel.
B.
All new permanent bulk outdoor storage facilities for fuel over 500
gallons, 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 transported off the lot by natural causes
or forces; nor shall any substance which can contaminate wells, watercourses,
or potable water supplies otherwise render such wells, watercourses,
or potable water supplies undesirable as sources of water supply or
recreation; nor shall any substance which will destroy aquatic life
be allowed to enter any wells, watercourses, or potable water supplies,
where applicable. A Pennsylvania Department of Environmental Protection
approved plan for spill containment shall be submitted to the Borough
for review by the Borough Engineer or person authorized by Borough
Council, prior to the issuance of any required permit.
D.
Any 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 adequate to eliminate such hazards.
5.
Air Pollution. No emission at any point from any chimney or otherwise
of visible smoke in excess of that permitted by the air pollution
control regulations of the Commonwealth agency with jurisdiction,
shall be permitted.
6.
Dust, Fumes, Vapors, and Gases. The emission of dust, dirt, fly ash,
fumes, vapors or gases which can cause any damage to human health,
to animals, to vegetation, or to property or which can cause any soiling
or staining of persons or property at any point beyond the lot line
of the use creating the emission is herewith prohibited.
7.
Glare. No use shall produce a strong, dazzling light or a reflection
of a strong, dazzling light or employ unshielded illumination sources
beyond its lot lines or onto any public road. Spillover lighting from
parking areas shall not exceed two foot-candles per square foot beyond
the property line.
8.
Vibrations. No use shall cause earth vibrations, or concussions detectable
beyond its lot lines without the aid of instruments, with the exception
of vibration produced as a result of temporary construction activity.
9.
Discharge. No discharge at any point into any private sewage disposal
system or stream or into the ground, of any materials in such a way
or in such manner or temperature as can contaminate any public or
private water supply or otherwise cause the emission of dangerous,
noxious or objectionable elements, or the accumulation of solid wastes
conducive to the breeding of rodents or insects, is permitted.
10.
Heat, Cold, Dampness or Movement of Air. No activities producing
heat, cold, dampness or movement of air are permitted which shall
produce any material effect on the temperature, motion or humidity
of the atmosphere at the lot line or beyond.
11.
Noise. No new use or change of use proposed in any district which
by the nature of its use, operation or activity produces noise of
objectionable character or volume as noted by a person at the property
line of the parcel upon which the offending use is located, shall
be permitted:
A.
Residential Uses.
(1)
In excess of 60 dba for any period of time between the hours
of 10:00 p.m. and 7:00 a.m.
(2)
In excess of 80 dba for any period of time between the hours
of 7:01 a.m. and 9:59 p.m.
(3)
The use of hand-held maintenance equipment including, but not
limited to, power mowers, or leaf blowers on a temporary basis, in
residentially zoned districts shall be exempt from the standards in
this section.
B.
Commercial Uses. In excess of 90 dba for more than two hours during
a twenty-four-hour period, with the exception of hand-held maintenance
equipment including, but not limited to, power mowers or pressure
washers on a temporary basis.
12.
Electrical Disturbance or Radioactivity. No activities which emit
dangerous radioactivity or continuous cumulative low level radiation,
at any point are permitted and no electrical disturbance adversely
affecting the operation at any point of any equipment other than that
of the creator of such disturbance shall be permitted.
13.
Maintenance of Yards, Adjacent Undeveloped Property. The owner or
lessee of the property, whether occupied or vacant located within
or adjacent to any developed area shall maintain such premises so
that:
A.
All portions of the property shall be kept free of junk, debris,
disabled or unregistered motor vehicles, unless confined in a building
or partially enclosed carport, and dangerous, or noxious material.
B.
All plantings, grass, shrubbery and trees shall be maintained in
a healthy condition, and trimmed at appropriate intervals, as needed.
14.
Vehicle and Equipment Maintenance.
A.
In commercially zoned areas, all vehicles and movable equipment repair
done on the property shall be performed within an enclosed building,
except that minor maintenance activities may be completed on the exterior
of a lot where space has been provided for the temporary parking or
storage of vehicles and movable equipment.
B.
In residentially zoned areas, minor vehicle maintenance activities
on vehicles owned by the occupant may be conducted in driveways, but
in no case shall repairs be made on vehicles and movable equipment
which would result in the storage of said vehicles or movable equipment
on the exterior of the lot for more than 48 hours, unless said vehicles
are stored in an enclosed building.
15.
Bufferyards. Where screening or bufferyards are not specified but called for in this chapter, they shall consist of a minimum ten-foot wide area with plantings of a mix of 50% evergreen and 50% deciduous trees, of a minimum two inches in diameter at a point one foot above the ground at the time of planting, planted in two staggered rows on ten-foot centers. All other bufferyards, where specified, shall be prepared and planted as per the provisions of § 27-1419.
[Ord. 778, 5/8/2012, § 1]
1.
General Standards.
A.
No accessory structure accommodating a permitted accessory use shall
exceed 16 feet in height at its highest point as measured from the
finished floor elevation.
B.
No accessory structure shall be designed, constructed or used for
human occupancy, regardless of the addition of culinary or toilet
facilities or both.
C.
The second floor of an accessory structure shall not exceed 50% of
the floor area of the first floor.
D.
Scale of accessory structures. No single accessory structure or combination
of accessory structures on a lot in any zoning district shall exceed
in lot coverage 50% of the area of the footprint for the permitted
principal use, to a maximum of 600 square feet, but in no case shall
the accessory use be accommodated in an accessory structure exceeding
900 square feet in gross floor area, with the exception of the following:
E.
Accessory structures shall be situated a minimum of five feet from
the principal structure at the closest point except as otherwise provided
for.
[Ord. 778, 5/8/2012, § 1]
1.
The following criteria shall apply to all commercial uses in the
RC-1 Retail Core District:
A.
Exterior Merchandise Display. An occupant of a building in an RC-1
District may display merchandise on the exterior of its business location
subject to the following conditions:
B.
Merchandising shall not be conducted in an area greater than 36 inches
from the facade of the subject business location. The application
shall require a diagram evidencing the exact location of exterior
merchandising, and shall demonstrate that this activity will not obstruct
the normal flow of pedestrian traffic.
C.
Authorization for exterior merchandising shall be subject to any
and all regulations and restrictions as may be imposed from time-to-time
by Borough Council.
D.
Exterior merchandising is only permitted during the hours of operation
of the subject business.
E.
Exterior Table/Chairs Placement. "Food service" businesses located
in the RC-1 District may place tables and chairs for the use of their
patrons on the exterior of their business locations, subject to the
following conditions:
(1)
An application for such placement has been submitted and approved
as required herein.
(2)
All tables and chairs not immediately adjacent to the subject
business' building must be removed every day at the time of business
closing.
(3)
The application shall require a diagram evidencing the exact
location of tables and chairs, and shall demonstrate that the placements
will not obstruct the normal flow of pedestrian traffic.
(4)
Authorization for exterior table and chair placement shall be
subject to any and all regulations and restrictions as may be imposed
from time-to-time by Borough Council.
(5)
Authorization for same may be revoked if, in the sole opinion
of Borough Council, the subject business is not maintaining reasonably
clean conditions in the general areas surrounding an approved exterior
seating area.
F.
Awnings/Canopies.
(1)
All awnings and canopies shall be constructed utilizing a canvas
or canvas or canvas-like material. Wooden/hard surface overhanging
structure shall be prohibited.
(2)
No awning, canopy or marquee shall be erected so that the lowest
part is less than seven feet above the sidewalk.
(3)
No awning, canopy, or overhanging structure shall be internally
lit so as to show light through its outer material.
(4)
Any awning, canopy or overhanging structure that is not maintained
in good condition, in the sole opinion of Borough Council, shall be
removed. Any replacement of same must be brought into compliance with
the then effective signage regulations.
