[Ord. 8811-14, 11/18/1988, § 215-13; as amended by Ord. 9411-8, 11/9/1994; by Ord. 987-3, 7/13/1998; and by Ord. 2008-07-03, 7/14/2008, § 7]
1. 
Attached Structures. An accessory structure attached to the principal structure is considered a part of the principal structure for all regulatory purposes.
2. 
Nonattached Structures. An accessory structure standing apart from the principal structure is permitted only in a rear yard; provided, however, that it is at least three feet from the rear lot line, three feet from one side lot line and at least 10 feet from the principal structure. For all other requirements, a nonattached structure is considered the same as a principal structure.
3. 
Fences and Walls. In an R-O, R-T, or C Zone, no fence or wall (except a retaining wall or a wall of a building permitted under the terms of this chapter) shall be erected to a height of more than four feet in a front yard area and more than six feet in the side or rear yard area. In an I Zone, no fence may exceed eight feet in height in any yard area.
[Amended by Ord. 2013-11-1, 11/11/2013]
A. 
Fences may be located up to, but not on, the lot line.
B. 
No electric fence or fence with electrical induction shall be permitted as a property line perimeter fence, unless sensor-activated, nor shall any barbed wire be permitted on any fence unless the barbed wire is at least six feet from ground level.
C. 
A clear sight triangle must be maintained at all street intersections.
4. 
Solar and Wind Energy Facilities. Solar or wind energy systems either as part of a structure or as an independent structure providing a significant fraction of the electricity, space heating, space cooling, or domestic hot-water heating for a permitted use in any zone shall be permitted as accessory uses subject to the following constraints:
A. 
No solar energy system located on the ground shall exceed a height of eight feet. No solar energy system mounted on a roof shall exceed the peak of the roof.
B. 
The maximum ground coverage of a structure supporting a solar collector shall not exceed 25% of the area of the ground floor of the principal building.
C. 
All solar and wind energy facilities must be located in a side or rear yard. Flush-mounted units however may be mounted on any side of the structure.
D. 
Solar energy systems must be reasonably installed and sited in the most aesthetic and architecturally compatible method possible, whether as a part of a structure or incidental to a structure or group of structures nearby.
5. 
Satellite Dish Antenna. Any accessory structure capable of receiving, for the sole benefit of the principal use, radio, or television signals from a transmitter or transmitter relay located in planetary orbit shall be subject to the following constraints:
A. 
Such devices shall not be placed within any required setback area.
B. 
Satellite dish antenna must be located in a side or rear yard only.
C. 
No ground-mounted dish antenna on any residential lot can exceed an overall diameter of 12 feet or an overall height of 15 feet.
D. 
Only one antenna is permitted per building lot.
[Ord. 8811-14, 11/18/1988, § 215-14; as amended by Ord. 2008-07-03, 7/14/2008, § 8]
1. 
All outdoor swimming pools must conform to all applicable requirements of state law. No permanent swimming pool shall be permitted without an operable filtration system utilizing an antibacterial agent, in addition, all swimming pools must be secured a follows to prevent unauthorized access:
A. 
Swimming pools above, at or below grade must be completely enclosed with a minimum four-foot height chain link, stockade, picket (not exceeding two-inch spacing) or solid wooden fence, building wall, or such other material as may be approved by the Zoning Officer.
B. 
Above-ground swimming pools equipped with surrounding elevated walkways that are at least four feet above ground need not be fenced if the construction is such that it prevents access to the water by small children, and ladders or steps from the ground are removed or the pool is made inaccessible when not attended.
[Ord. 8811-14, 11/18/1988, § 215-15; as amended by Ord. 9512-10, 12/13/1995]
1. 
Inoperable Motor Vehicles. No inoperable or junked motor vehicle shall be parked, stored, placed, or allowed to remain on any lot within any zoning district within the Borough for a period of time in excess of 30 days unless such vehicle shall be contained within a completely enclosed building or be located on a lot permitted as a junkyard or automobile wrecking facility pursuant to this chapter.
2. 
Recreational Vehicles. In a residential zone, on-street parking of recreational vehicles is permitted for a period not to exceed 24 hours for purposes of loading and unloading. Recreational vehicles shall not be stored in the area between the street line and the line formed by the front wall of the principal building unless parked in a driveway which has adequate space available in addition to the required parking spaces for the principal use. If stored in a side or rear yard, all setback requirements must be met.
3. 
Outdoor Stockpiling: See Chapter 20, Solid Waste, Part 1, Collection and Disposal.
[Ord. 8811-14, 11/18/1988, § 215-17; as amended by Ord. 9411-8, 11/9/1994; and by Ord. 957-4, 7/12/1995]
1. 
Front Setbacks from Major Thoroughfares. For the purpose of protecting residential use from adverse influences of traffic and for the purpose of protecting major thoroughfares for their traffic functions, buildings (including residential and nonresidential buildings) along these thoroughfares must be set back at least 50 feet from the right-of-way line of the thoroughfare. Major thoroughfares are or will be the following arterial streets and collector streets as specified in the Borough's Thoroughfare Classification Plan, plus any street constructed to meet the arterial or collector street design standards as set forth in the Thoroughfare Classification Plan:
A. 
East and West Broadway.
B. 
East and West High Street.
C. 
East Gay Street.
D. 
East Prospect Street.
E. 
Country Club Road.
F. 
First Avenue.
G. 
Horace Mann Avenue.
H. 
North and South Charles Street.
I. 
North and South Franklin Street.
J. 
North and South Main Street.
2. 
Front Setback of Buildings or Built-up Streets. Where at least two buildings fronting on the same side of the street within 100 feet of the subject property are set back a lesser distance than required, the lesser distance becomes the required minimum front setback for the property.
3. 
Setback on Corner, Double Frontage, Reverse Frontage, and Triple Frontage Lots. In the case of corner, double frontage, and reverse frontage lots, a front setback shall be provided from each street and a side setback shall be provided from the remaining property lines. In the case of a triple frontage lot, a front setback shall be provided from each street and the remaining setback shall be a side setback.
4. 
Accessory or Appurtenant Structures. The setback regulations do not apply to the following, provided that they are not located within the clear sight triangle:
A. 
School bus shelters; telephone booths; minor utility structures.
B. 
Cornices, eaves, chimneys, steps, canopies, and similar structures.
C. 
Open fire escapes.
D. 
Articles of ornamentation or decoration.
E. 
Fences; retaining walls.
5. 
Sight Distances.
A. 
Proper sight lines must be maintained at all street intersections. Measured along the center line of the street, there must be a clear sight triangle with sides as follows:
Street
Clear Sight Triangle Side
(feet)
Major thoroughfares
150
Minor streets
75
B. 
No building or construction is permitted in this area except as follows:
(1) 
Obstructions or plantings less than three feet in height.
(2) 
If not obstructing view of traffic, post columns and trees not exceeding one foot in diameter.
[Ord. 8811-14, 11/18/1988, § 215-18]
1. 
The height regulations do not apply to the following projections, provided that the height of any such projection above its base shall not be greater than the shortest distance measured along a horizontal plane from such base to any lot line:
A. 
Structures such as chimneys, standpipes, flagpoles, television antennas, or radio towers.
B. 
Structures on buildings such as clock towers, cupolas, water tanks and other mechanical appurtenances, if such structures, at any level, do not cover more than 25% of the roof on which they are located.
C. 
Parapet walls or cornices solely for ornamental purposes if not in excess of five feet in height.
[Ord. 8811-14, 11/18/1988, § 215-19]
1. 
Solar Energy Systems. Solar energy systems shall be permitted relief from previously stated limitations to the following extent:
A. 
Setbacks.
(1) 
Architectural features needed for the operation of active or passive solar energy systems including, but not limited to, canopies, eaves, overhangs, detached solar collectors, reflectors, piping and movable insulation, may be permitted to extend up to 10 feet into required yard areas when these devices are a functional component of the space heating or domestic hot water system of the principal building lot.
(2) 
The rear or side yard setbacks required may be reduced to eight feet in order to allow the siting of solar energy systems; provided, that:
(a) 
No portion of the structure or architectural features projects over the property lines.
(b) 
Exposure protection between structures is provided according to the specifications of all applicable fire and safety regulations guaranteeing emergency access, light, and ventilation.
(c) 
The placement of all structures, building materials and finished wall construction along the lot line does not interfere with traffic along adjacent or intersecting rights-of-way or with the sight distance at intersections.
(d) 
No other design can be shown to meet the requirements of this chapter and provide the same solar energy utilization.
(e) 
Existing solar energy systems will not be substantially impaired by shadowing more than 10% of the collector area between 9:00 a.m. and 3:00 p.m. on a clear winter solstice (December 21) day.
B. 
Lot Coverage. Solar collectors and/or solar energy systems shall not be included in the lot coverage calculations provided that their installation will not create adverse stormwater problems and will not significantly detract from the groundwater recharge potential of the immediate vicinity.
2. 
Wind Energy Systems. Wind energy systems shall be permitted relief from previously stated limitations to the following extent:
A. 
Setbacks. The setbacks from any lot line must be equal to the height of the tower, plus the length of the longest extension of the rotor plus 10 feet.
B. 
Access. Climbing access to the tower is secured from use by unauthorized persons.
[Ord. 8811-14, 11/18/1988, § 215-20]
1. 
All dwelling units must conform to the minimum habitable floor area as follows; provided, however, that each unit shall provide at least 150 square feet of habitable floor space for the first occupant and at least 100 square feet of habitable floor space for each additional occupant or that the total number of persons to occupy the unit does not exceed two times the number of habitable rooms as per § 11-108 of Chapter 11, Housing:
A. 
Single-family detached dwellings: 900 square feet per dwelling unit.
B. 
For each two-family dwelling, semidetached, attached, or multifamily dwelling and for each two-family or multifamily conversion:
[Amended by Ord. 2013-11-1, 11/11/2013]
(1) 
One bedroom: 500 square feet per dwelling unit.
(2) 
Two bedrooms: 650 square feet per dwelling unit.
(3) 
Three bedrooms: 800 square feet per dwelling unit.
(4) 
Each bedroom over three: add 150 square feet per dwelling unit.
[Ord. 8811-14, 11/18/1988, § 215-21; as amended by Ord. 2000-06-3, 6/12/2000; and by Ord. 2005-10-05, 10/10/2005]
1. 
Signs Permitted and Extent of Use. Nothing in this subsection shall be construed to include signs intended for viewing principally from within a building or signs temporarily attached to the inside face of a window announcing a sale or similar features. Such signs shall be permitted in addition to any of the specific signs mentioned above.
A. 
Drive-in Business. For a drive-in business, business signs are permitted as long as their number does not exceed two per street frontage and their combined area does not exceed 30 square feet per street frontage.
B. 
Other Uses. For other uses, one sign is permitted on each street frontage of a lot for each occupancy or purpose and an additional sign for each occupancy or purpose is permitted for every 100 feet of street frontage or major fraction thereof all in accordance with Subsection 1E. However, for business signs, any number of signs are permitted as long as their total area does not exceed the maximum under Subsection 1E.
C. 
All Uses. For all uses, an advertising and a business sign must be at least 60 feet apart, and no sign exceeding 30 square feet in area may be located within 75 feet of a residential zone.
D. 
Determination of Size. The size of the sign shall refer to the area of the sign facing, including any border framing or decorative attachments. In the case of open signs made up of letters, figures and designs, the space between such letters, figures and designs shall be included. A back-to-back sign may be erected, the size of which shall be determined by the dimensions of one sign face, not both faces.
E. 
Type, Location, and Size of Sign.
Type of Sign
Where Permitted
Maximum Size
Traffic
Any zone
—
Home occupation or home profession
Any zone
1 square foot
Trespassing
Any zone
1 square foot
Utility
Any zone
2 square feet
For sale, for rent, sold, rented, and public auction
Any zone
6 square feet
Work sign of builders, painters and other artisans performing work on the premises
R-O or R-T Zone BC, C, or I Zone
6 square feet 32 square feet
Directional
BC, C, or I Zone
6 square feet
Identification and information of churches, schools, and other nonprofit institutions
Any zone
30 square feet
Apartment development, subdivision
Where use is permitted
20 square feet
Temporary sign for sale of agricultural products
R-O or R-T Zone BC, C, or I Zone
6 square feet 20 square feet
Parallel business
BC or C Zone
25% of the total wall area to which the sign is affixed, not to exceed 50 square feet in area.
Projecting and/or freestanding business
BC or C Zone
30 square feet
Business
I Zone
160 square feet or 3 square feet for each linear foot of building frontage, whichever is greater; maximum of 4 signs not to exceed 40 square feet per sign.
Advertising
I Zone
300 square feet
Industrial park shopping center
Permitted by special exception where use is permitted
F. 
Electronic changeable copy signs and electronic message center signs are prohibited.
2. 
Projection of Signs. No sign may project:
A. 
Over a public sidewalk area except in a Commercial or Borough Center Zone.
B. 
Over a public highway or street unless specifically authorized by other Borough or state regulations.
C. 
More than 12 inches beyond a building facade or side wall.
D. 
Above the roof of the building.
E. 
Within less than two feet of an existing curbline.
3. 
Illumination of Signs.
A. 
Flashing, rotating, and intermittent lights are prohibited.
B. 
Signs permitted in the R-O, R-T, BC, and C Zones shall be illuminated only by indirect lighting.
C. 
A sign may be illuminated only if the lighting is so screened that it is not directed or reflected toward any residence within 100 feet or so it does not obstruct the vision of motorists.
D. 
Signs which are illuminated in the colors red, green, or amber, either by colored bulbs or tubing, or in high reflection by the use of special preparations such as fluorescent paint or glass may not be located within a radius of 100 feet of a highway traffic light or similar safety device or from the center of any street intersection.
4. 
Buntings and Pennants. Buntings and pennants are permitted only to announce the opening or closing of a business or industry or in connection with a special sale of civic event and must be removed within seven days after the event.
5. 
Temporary Signs. The following provisions shall apply to all types of temporary signs except for portable signs and sidewalk signs which must comply with the regulations set forth in Subsections 6 and 7, respectively.
A. 
A temporary sign for the sale of agricultural and horticultural products may be erected for a period not exceeding 60 days.
B. 
A temporary sign for a construction project may be erected and maintained for as long as the project is under construction.
C. 
A temporary sign such as those advertising activities of churches and nonprofit organizations may be erected for a period not exceeding 60 days.
D. 
A temporary sign may be erected for a political election and shall be removed by the political party or candidate within 10 days after the primary or general election to which it refers.
6. 
Portable Signs. Portable signs shall be permitted in the Commercial, Borough Center, and Industrial Zones subject to the following requirements:
A. 
A sign permit must be obtained from the Borough Zoning Officer.
B. 
The sign may be illuminated only by indirect lighting.
C. 
The sign shall not be located on the lot for more than 30 days within a ninety-day period.
D. 
Only one portable sign shall be permitted per lot.
E. 
The maximum size permitted shall be 32 square feet; such area shall not be included in the computation of maximum surface area for any other type of permitted sign.
F. 
The placement of such sign shall not interfere with traffic or with sight distance at street intersections and accesses to public rights-of-way.
7. 
Sidewalk Signs. Sidewalk signs shall be permitted in the Commercial, Borough Center, and Industrial Zones, provided that the following provisions are satisfied:
A. 
The sign must be associated with a commercial establishment.
B. 
Only one sidewalk sign is permitted per street frontage.
C. 
The maximum size permitted shall be six square feet; such area shall not be included in the computation of maximum surface area for any other type of permitted sign.
D. 
The sign shall be placed in such manner so as not to extend more than three feet from the building line and be not more than four feet in height. In any event, a minimum four-foot pedestrian area must be maintained from the curb to the sign so as not to obstruct pedestrian traffic.
E. 
The sign shall be temporary in nature and only displayed during business hours.
8. 
Construction and Maintenance. Signs must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.
9. 
Termination of Enterprise. Upon termination or abandonment of a commercial or industrial use, all signs pertaining to and identifying the enterprise must be removed.
[Amended by Ord. 2017-01-01, 1/9/2017]
[Ord. 8811-14, 11/18/1988, § 215-22; as amended by Ord. 987-3, 7/13/1998; by Ord. 996-8, 6/14/1999; by Ord. 2000-06-3, 6/12/2000; and by Ord. 2004-08-08, 8/9/2004]
1. 
Size of Parking Space. The parking space must have an area of not less than 200 square feet, exclusive of passageways and driveways appurtenant to the space and giving access to it. Where five or more parking spaces are required, the total parking area including passageways and driveways must average 300 square feet per required parking space.
2. 
Spaces Required. Off-street parking spaces must be provided for each building erected, altered, enlarged, or converted in accordance with the following schedule, except that if a use in the Borough Center or Commercial Zone not involving or containing a dwelling or dwelling unit(s) is located in a metered area or within 300 feet of a municipal parking facility, no off-street parking shall be required.
[Amended by Ord. 2017-01-01, 1/9/2017]
Type of Use
Minimum of 1 Parking Space for Each
Residential dwelling (except multi-family)
1/2 dwelling unit (i.e., 2 spaces per dwelling unit)
Multi-family
1/2 dwelling unit (i.e., 2 spaces per dwelling unit) plus 1 additional space for every 5 dwelling units or additional fraction thereof
Rooming house
Bedroom
Hotel, residential hotel, motel
Guest sleeping room
Office building
300 square feet of gross floor area
Retail store or shop
200 square feet of gross floor area
Eating establishments
4 seats
Tavern
2 seats
Bowling alley
1/5 lane (i.e., 5 spaces per lane)
Other recreational establishments
100 square feet of gross floor area
Automotive repair, service station
400 square feet of gross floor area and ground area devoted to repair and service facilities
Other commercial buildings
400 square feet of gross floor area
Hospital, sanitarium
1/2 bed (i.e., 2 spaces per bed)
Auditorium, church, theater, and other such places of public assembly
2 seats
School
Classroom in an elementary or junior high school and 1 space per 5 students of projected building capacity in a senior high school or college
Industrial and heavy commercial establishments
1 1/2 employees on major shift but at least 1 space for each 5,000 square feet of gross floor area
Shopping center
50 square feet of gross floor area
Funeral home
100 square feet of gross floor area
Outdoor sales
20% of sales are to be reserved for customer parking
Clubs, lodges, and other similar places
100 square feet of gross floor area
Personal care assisted living facility
Staff member or employee present plus 1 space per every 6 residents
Mini-storage facility
Story of building or 5,000 square feet of mini-storage building area, whichever is greater
3. 
Location. The parking area must be on the same or nearby premises. If on nearby premises:
A. 
The nearest point of the parking lot shall be not further than the following distances to the nearest point of the property served: 200 feet in the case of a commercial use; 300 feet in the case of a residential use; and 400 feet in the case of an industrial use.
B. 
The parking area must remain under control of the owner or operator of the use to which the parking area is appurtenant.
4. 
Layout. Parking areas must be arranged so there will be no need for motorists to back over:
A. 
Local streets, except in cases of residential uses.
B. 
Major thoroughfares.
C. 
Any other parking spaces.
5. 
Parking Area Adjacent to Street. For multi-family and nonresidential uses where a parking area or other area open to movement of vehicles abuts the right-of-way of a public street, a pipe railing, post and chain barricade, raised curbs, or equally effective devices satisfactory to the Borough Engineer must line the public right-of-way except at access points so that parked vehicles will not extend into the street right-of-way.
6. 
Paving. For commercial, industrial, and multi-family residential uses, all required parking areas shall be paved with concrete or bituminous paving material. A parking area for more than five vehicles must be approved by the Borough Engineer, relative to paving, grading, and drainage.
[Ord. 8811-14, 11/18/1988, § 215-23]
1. 
Size; Surfacing. The loading space must be not less than 10 feet wide and 25 feet long. It must be surfaced with a bituminous or concrete paving material.
2. 
Spaces Required. Off-street loading spaces must be provided for each building erected or enlarged in accordance with the following schedule:
Type of Use
Number of Loading Spaces
Manufacturing, storage, display or sale of hospitals and sanitariums
1 for a gross floor area of 5,000 to 25,000 square feet and 1 additional for each 10,000 square feet of gross floor area in excess of 25,000 square feet
Offices, hotels, theaters, or similar uses
1 for a gross floor area of from 20,000 to 100,000 square feet and 1 additional for each 40,000 square feet of gross floor area in excess of 100,000 square feet
3. 
Layout. The loading area must be arranged so that there will be no need for motorists to back over public rights-of-way and must not be located in the front yard area.
[Ord. 8811-14, 11/18/1988, § 215-24]
1. 
Width. Within 10 feet of the street right-of-way, driveways may not exceed 35 feet in width.
2. 
Number. The number of driveways may not exceed two per lot on any one street frontage. The Zoning Hearing Board may grant permission by special exception for additional driveways where required to meet exceptional circumstances and where frontage of unusual length exists.
3. 
Location. Driveways may not enter a public street:
A. 
Within 40 feet of the street right-of-way line of an intersecting street.
B. 
Within five feet of a fire hydrant.
C. 
Within 50 feet of another access drive on the same property.
4. 
Sight Distance; Slope; Cut. A driveway must be located in safe relationship to a sight distance and barriers to vision. The drive may not exceed a slope of 10% within 25 feet of the street right-of-way line. Where a drive enters a bank through a cut, unless a retaining wall is used, the shoulders of the cut may not exceed 50% in slope within 25 feet of the point at which the drive intersects the street right-of-way. The height of the bank must not exceed three feet within 10 feet of the street right-of-way line. Cuts for a driveway at curbs must be two inches above gutter-grade and must not have more than a 10% slope across walks.
5. 
Paving. An access drive must be paved with a concrete or bituminous paving material to prevent gravel or other loose material from being carried onto the street.
[Ord. 8811-14, 11/18/1988, § 215-25]
1. 
Where an industrial or commercial use is proposed in a C or I Zone and it abuts a residential zone, except for street or alley frontage:
A. 
A fence, screen, or buffer planting acceptable to the Borough is required to be erected in the Commercial or Industrial Zone to screen from view (if the residential zone) the industrial or commercial use.
B. 
The space along the side lot line in the Industrial Zone abutting a residential zone for 50 feet in depth may not be used for commercial or industrial operations. This area must be suitably landscaped and maintained; however, parking is permitted within the interior 25 feet of the fifty-foot buffer strip.
[Ord. 8811-14, 11/18/1988, § 215-26]
1. 
Adequate Drainage Required. No principal building may be erected, structurally altered, or relocated on land:
A. 
Which is not adequately drained at all times.
B. 
Which is subject to periodic flooding.
2. 
Building Restricted Adjacent to Drainage Channels and Watercourses. No building may be erected, structurally altered, or relocated:
A. 
Within 20 feet of the ordinary high-water line of any surface water drainage channel or natural watercourse.
B. 
So that its lowest floor is less than three feet above the high-water line.
3. 
Drainage Upon Streets. In order to prevent improper surface water drainage upon streets, each building erected, structurally altered, or relocated, and its driveways, must be at a grade in satisfactory relationship:
[Amended by Ord. 2017-01-01, 1/9/2017]
A. 
With the established street grade.
B. 
With the existing street grade where none is established. Satisfactory evidence to this effect must be presented to the Borough Engineer.
4. 
Drainage Upon Adjoining Properties.
A. 
In order to protect adjoining property owners and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land may be made which would:
(1) 
Result in a slope of more than 70% within 20% of a property line (height divided by length equals percentage of slope).
(2) 
Alter the existing drainage or topography in any way so as to adversely affect adjoining properties.
B. 
In no case may any slope exceed the normal angle of slippage of the material involved. All slopes must be protected against erosion.
5. 
Obstruction to Drainage Prohibited. The damming, filling, or otherwise interfering with the natural flow of a surface watercourse is not permitted without approval of the Borough Engineer.
[Ord. 8811-14, 11/18/1988, § 215-27]
Where a use involves exterior lighting, the lighting must be so located and shielded that no objectionable illumination or glare is cast upon adjoining property.
[Ord. 8811-14, 11/18/1988, § 215-28]
Demolition of any structure must be completed within six months of the issuance of a permit. Completion consists of tearing the structure down to grade, filling any resulting cavity to grade and removing all resulting materials from the lot. A structure may be partly demolished only if a building remains and the demolition of the part is completed as required in the previous sentence. All evidences of the structure which was demolished must be removed from the exterior surfaces of the remaining building.
[Ord. 8811-14, 11/18/1988, § 215-29]
A building, the foundation of which was completed before the effective date of this chapter, may be constructed without being bound by the requirements of this chapter, provided that the construction is completed within one year after the effective date of this chapter. In like manner, a building, the foundation of which was completed before an amendment, may be constructed if the construction is completed within one year after the amendment.
[Ord. 8811-14, 11/18/1988, § 215-30; as amended by Ord. 9411-8, 11/9/1994]
No lot may be formed from part of a lot occupied by a building unless such newly created lot will meet all the applicable provisions of this chapter except in the case where a lot is occupied by a two-family dwelling and the subdivision shall create two new lots with each lot occupied by a single-family semidetached dwelling created from the original two-family dwelling and with each lot separately serviced by public water and public sewer facilities.
[Ord. 8811-14, 11/18/1988, § 215-31]
On a lot held in single and separate ownership on the effective date of this chapter, or any amendment thereto, which does not fulfill the regulations for the minimum lot area and/or lot width for the zone in which it is located, a building may be erected, altered, and used and the lot may be used for a conforming (permitted) use, provided that the setback requirements are not less than the minimum specified herein for the zone in which the lot is located.
[Ord. 8811-14, 11/18/1988, § 215-32; as amended by Ord. 924-5, 4/8/1992, § 3; and by Ord. 996-8, 6/14/1999]
1. 
Continuance.
A. 
Except as otherwise provided in this section, the lawful use of land or buildings existing at the date of the adoption of this chapter may be continued, although such use of land or building does not conform to the use regulations specified by this chapter for the zone in which such land or building is located.
B. 
Except as otherwise provided in this section, any dimensional non-conformities existing at the date of the adoption of this chapter may be continued.
2. 
Expansion or Alteration.
A. 
Upon application for a special exception and in accordance with the provisions of §§ 27-504 and 27-635, the Zoning Hearing Board may approve the expansion or the alteration of an existing nonconforming use. Changed or one nonconforming use to another nonconforming use is not permitted.
B. 
An existing dimensional nonconformity may be expanded or altered as a matter of right if the expansion or alteration:
(1) 
Does not increase the existing nonconformity.
(2) 
Does not create any additional dimensional nonconformity where none currently exists.
(3) 
Reduces the extent of any nonconformity currently existing without increasing or creating any other nonconformity.
3. 
Replacement.
A. 
A nonconforming use, if discontinued or abandoned for a period of one year, may be replaced only by a conforming use.
B. 
A dimensional nonconformity may be replaced only in conformance with the provisions of this chapter.
4. 
Restoration. If any nonconformity is destroyed in part of in whole by reason of windstorm, fire, explosion, or other act of God or a public enemy, the nonconformity may be rebuilt, restored, or repaired to the extent of the nonconformity prior to destruction, provided that restoration is begun within one year following said destruction. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall, floor, or roof which has been declared unsafe.
5. 
Discontinuance or Abandonment. A nonconforming use shall be adjudged as discontinued or abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance. Such use shall not thereafter be reinstated and the structure shall not be re-occupied except in conformance with this chapter.
6. 
Reversion. No nonconformity shall, if once changed to conform to the regulations of this chapter, be changed back again to a nonconformity.
7. 
Zone Changes. Whenever the boundaries of a zone shall be changed so as to transfer an area from one zone to another zone of a different classification, the foregoing provisions shall also apply to any nonconforming uses or dimensional nonconformities existing therein or created thereby.
8. 
Certificate of Nonconformity. Within 90 days after the adoption of this chapter or 90 days after any amendment or variance creating a nonconformity, a person with a certificate application must contain all the nonconforming conditions of the applicant's property. This certificate affirms the legality of the nonconformity.
[Ord. 8811-14, 11/18/1988, § 215-33; as added by Ord. 972-1, 2/12/1997]
1. 
Home offices shall be used and operated in accordance with the following requirements:
A. 
The use shall be operated exclusively by the occupant or occupants of the dwelling unit, and no outside employees are permitted.
B. 
The use shall not generate any additional traffic, vehicular or pedestrian.
C. 
There shall be no visible evidence of the use from the street or adjoining properties, and no signs may be erected or displayed.
D. 
The use shall be contained within a principal and/or accessory residential structure.
E. 
Office equipment shall be limited to computers, typewriters, calculators, telephone, fax machines, file cabinets, checks, or drafting tables. A photocopier is permitted if it is not used for a reproduction service business but accessory to the home office use.
[Ord. 8811-14, 11/18/1988, § 215-34; as added by Ord. 996-8, 6/14/1999]
1. 
Commercial communications antennas which meet the following requirements shall be allowed in the zones in which they are permitted under the use schedule and shall not be considered as a separate principal use for purposes of the dimensional requirements of this chapter.
A. 
The antenna must be attached to an existing smokestack, water tank, church steeple, commercial building with two or more stories or other tower lawfully in existence at the time this section is enacted into law, or subsequently erected pursuant to this chapter.
B. 
The antenna does not exceed the height of the existing structure to which it is attached by more than 10 feet.
C. 
The antenna is fully automated and does not require any support structure or on-site personnel to maintain or operate the antenna.
D. 
The owner of the antenna must provide a written lease agreement which specifies that the owner of the antenna shall remove it within 90 days after cessation of use.