[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, § 215-16]
The sale at retail of agricultural products is permitted in
any zone on the property where they were produced.
[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:
B. East and West High Street.
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.
D. Articles of ornamentation or decoration.
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.
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.