[Amended 3-2-1981 by Ord.
No. 170]
A.
General regulations.
(1)
Off-street parking, loading, and unloading facilities shall be provided
to lessen congestion in the streets. The facilities required herein
shall be available throughout the hours of operation of the particular
business or use for which such facilities are provided. As used herein,
the term "parking space" includes either covered garage space or uncovered
parking lot space located off the public right-of-way.
(2)
Each parking space shall consist of not less than an average of 270
square feet of usable area for each motor vehicle, including interior
driveways, driveways connecting the garage or parking space, with
a street or alley. Notwithstanding the above, all parking spaces shall
be ample in size for the vehicles for which use is intended. The net
parking space per vehicle shall not be less than nine feet wide and
18 feet long. Outdoor parking space, and the approaches thereto, shall
be paved, or covered with gravel or cinders. Such outdoor parking
spaces shall not be used to satisfy any open space requirements of
the lot on which it is located.
(3)
A garage or carport may be located wholly or partly inside the walls
of the principal building, or attached to the outer walls. If separated
from the principal building, the garage shall conform to all accessory
building requirements. The garage may be constructed under a yard
or court. The space above an underground garage shall be deemed to
be part of the open space of the lot on which it is located.
(4)
Parking spaces may be located on a lot other than that containing
the principal use with the approval of the Zoning Hearing Board provided
a written agreement approved by the Borough Solicitor and accepted
by the Borough Council, shall be filed with the application for a
zoning permit.
(5)
Surfacing. Any off-street parking area shall be graded for proper
drainage and shall be surfaced so as to provide a durable and dustless
surface, such as crushed stone or equivalent concrete or bituminous
concrete surface, and shall be so arranged as to provide for orderly
and safe parking and storage of vehicles.
(6)
Lighting. Any lighting used to illuminate any off-street parking
shall be so arranged as to reflect the light away from adjoining premises
and public rights-of-way.
(7)
There shall be adequate provision for ingress and egress to all parking
and loading spaces designed for use by employees, customers, delivery
services, salespeople and/or the general public. Where a parking or
loading area does not abut on a public right-of-way or private alley
or easement of access, there shall be provided an access drive per
lane of traffic not less than 12 feet in width per lane of traffic,
and not less than 18 feet in width in all cases where the access is
to storage areas or loading and unloading spaces required hereunder.
There shall not be more than two means of access from a lot onto a
public highway, and each shall be no more than 35 feet wide. If only
one is provided, it shall be not more than 50 feet wide. Driveways
for residential uses shall not be constructed closer than three feet
to any lot line.
B.
Parking facilities required. Any structure or building hereafter
erected, converted, or enlarged for any of the following uses, or
any open area hereafter used for commercial purposes, shall be provided
with not less than the minimum spaces, as set forth below, which spaces
shall be readily accessible to the uses served thereby. Fractional
numbers of parking spaces shall be increased to the next whole number.
(1)
Residential. At least two off-street parking spaces must be provided
for each dwelling unit in single- or two-family dwellings. Dwellings
with three or more units must have a minimum of 1 1/2 spaces
for each dwelling unit.
(4)
Standards.
(a)
Gross leasable floor space is defined as the total floor area
designed for tenant occupancy and exclusive use, including basements,
mezzanines, and upper floors, if any, expressed in square feet and
measured from the center line of joint partitions and from outside
wall faces.
(b)
For parking purposes in I-1 development, 400 square feet shall
be allotted for each car, including moving lanes, access drives, drive-up
windows, loading areas and landscaped areas to be incorporated in
the site layout as part of the circulation and parking for the development.
However, in no case shall individual stall dimensions be less than
nine feet by 18 feet.
(c)
Off-street parking facilities for residential and general commercial
uses, including neighborhood groceries shall have stalls of no less
than nine feet by 18 feet and adequate provision for internal circulation,
egress, and exit.
A.
Erection and maintenance of signs. Signs may be erected and maintained
only when in compliance with the provisions of this chapter and any
and all other ordinances and regulations relating to the erection,
alteration, or maintenance of signs and similar devices.
B.
Signs in residential districts. The following types of signs and no other shall be permitted in the residential districts. All signs shall be subject to the provisions of § 500-28D.
(1)
Signs advertising the sale or rental of the premises upon which they
are erected, when erected by the owner or broker or any other person
interested in the sale or rental of such premises, may be erected
and maintained, provided:
(2)
Signs indicating the location and direction of premises available
for or in process of development, but not erected upon such premises
and having inscribed thereon the name of the owner, developer, builder,
or agent may be erected and maintained, provided:
(3)
Signs bearing the word "sold" or the word "rented" with the name of the persons effecting the sale or rental may be erected and maintained, provided the conditions in § 500-28B(1) are complied with.
(4)
Signs of mechanics, painters, and other artisans may be erected and
maintained during the period such persons are performing the work
on the premises on which such signs are erected, provided:
(5)
Trespassing signs, or signs indicating the private nature of a driveway
or property, provided that the size of any sign shall not exceed two
square feet.
(6)
Signs of schools, colleges, churches, hospitals, sanitariums, or
other institutions of a similar nature may be erected and maintained,
provided:
(7)
Signs advertising home occupations shall not be larger than 12 inches
by 24 inches, and may include the name, occupation, and logo type
or trade mark, if appropriate, of the practitioner. Such signs shall
not be illuminated, with the exception of medical offices during the
hours such offices are open for the care of patients.
(9)
Official traffic and street name signs when erected by or with the
written approval of the Borough Council.
C.
Business identification signs. Signs bearing the name of the occupant and products manufactured, processed, sold or displayed may be erected and maintained on the premises in commercial and industrial districts. The size of business identification signs shall not exceed 80 square feet of surface area and not more than 40 square feet on each side; however, all general regulations, § 500-28D, shall apply to such signs.
D.
General regulations for all signs. The following regulations shall
apply to all permitted sign uses:
(1)
Signs must be constructed of durable material, maintained in good
condition, and not allowed to become dilapidated.
(2)
No sign shall be placed in such a position that it will cause danger
to traffic on a street by obscuring the view.
(3)
No sign, other than an official traffic sign, shall be erected within
the right-of-way lines of any street, unless authorized by the Borough
Council for a special purpose.
(4)
No sign shall project over a public sidewalk area more than 18 inches.
(5)
Overhead signs shall be at least nine feet high, measured from the
ground or pavement to the bottom-most part of the sign.
(6)
No sign shall exceed 20 feet in height.
(7)
No permit shall be required for the erection, alteration, or maintenance of any sign as provided for in § 500-28B.
(8)
A permit shall be required for the erection or alteration of business
identification signs.
(9)
Advertising painted upon, or displayed upon, a barn or other building
or structure shall be regarded as an advertising signboard and the
regulations pertaining thereto shall apply.
(10)
Each sign shall be removed when the circumstances leading to
its erection no longer apply. At no time shall there be more than
one sign on each street frontage.
(11)
In all districts only those signs referring directly to materials
or products made, sold, or displayed on the premises shall be permitted,
except as otherwise noted. Such signs shall comply with all other
requirements, as stated herein, for the district in which they are
erected.
(12)
Temporary signs advertising a sale or event sponsored by a civic
or religious group, provided that such signs shall not be displayed
in excess of one month and shall be removed promptly after the event.
(13)
Business signs may be erected and maintained provided that:
(a)
The area of one side of any freestanding sign shall not exceed
40 square feet.
(b)
Not more than one such sign shall be erected on each street
frontage. In addition, the area of any sign attached to a building
shall not exceed 10% of the wall area on which the sign is placed
and the sign placed on any building or lot shall relate to the business
on the premises.
E.
Prohibited uses and signs. The following are not permitted:
(1)
Any sign by reason of its intensity, color, location, or movement
that may interfere with traffic lights, signals or other controls,
or abrogate public safety shall not be permitted in any district.
[Amended 5-7-2012 by Ord.
No. 275]
(2)
No light shall be higher than five feet above the maximum building
height on which the light is erected.
(3)
Billboards or advertising signs.
F.
General regulations for lighting.
(1)
All lighting shall be shielded and shall be designed so that it does
not reflect or beam onto adjacent properties. No lighting shall be
permitted which is of so great an intensity as to constitute a nuisance
to neighboring properties.
(2)
No light shall be higher than five feet above the maximum building
height on which the light is erected.
Uses specified as conditional within the district regulations
of this chapter shall be permitted only after review by the Planning
Commission and approval by the Borough Council based on the determination
that the conditional use is appropriate to the specific location for
which it is proposed, consistent with the community development plan,
and in keeping with the purposes and intent of this chapter. The following
criteria shall be used as a guide in evaluating a proposed conditional
use:
A.
The presence of adjoining similar uses.
B.
An adjoining zone district in which the use is permitted.
C.
The need for the use in the area proposed as established by the Comprehensive
Plan or other valid service.
D.
Sufficient area to effectively screen the conditional use from adjacent
different uses.
E.
The use will not detract from the permitted uses of the district.
F.
Conditions were such that there were several potential sites for
the particular use but not sufficient need to establish a permitting
zone district or to leave the district open to the indiscriminate
placement of such use.
G.
Sufficient safeguards such as parking, traffic control, screening,
and setbacks can be included to remove any potential adverse influences
the use may have on adjoining uses.
Uses specified as special exception within the district regulations of this chapter shall be permitted only after approval by the Zoning Hearing Board based on the determination that the special exception use is appropriate to be the specific location for which it is proposed, consistent with the community development plan, and in keeping with the purpose and intent of this chapter. Criteria to be used as a guide in evaluating a proposed special exception shall be the same as described in § 500-29 of this chapter.
[Amended 9-5-2000 by Ord.
No. 231]
A.
Private swimming pools. Private swimming pools, in districts where
permitted, shall comply with the following conditions and requirements:
(1)
The pool is intended and is to be used solely for the enjoyment of
the occupants of a principal use of the property on which it is located.
(2)
It may be located only in the rear yard or side yard of the property
on which it is an accessory use.
(3)
It may not be located, including any walks, or paved areas or accessory
structures adjacent thereto, closer than 10 feet to any property line
of the property on which located.
[Amended 9-2-2008 by Ord.
No. 255]
(4)
Any in-ground swimming pool and aboveground or inflatable swimming
pools containing more than 23 inches of water shall be surrounded
by a fence, wall, similar enclosure, or otherwise protected as to
prevent uncontrolled access by children from any street or adjacent
properties. Said barrier shall not be less than four feet in height
and shall be so constructed as to have no openings, holes, or gaps
larger than two inches in any dimension or have a tarp or similar
cover covering the pool to prevent entry when not occupied.
[Amended 9-2-2008 by Ord.
No. 255]
(a)
The words "otherwise protected" as used in Subsection A(4) above shall include, but not be limited to, a ladder which shall be removed or locked in the upright position to prevent access to an aboveground or on-ground pool when said pool is not in use.
(b)
The term "fence" as used in Subsection A(4) shall mean a barrier composed of fabricated materials which is placed or arranged as a line of demarcation or to enclose a lot or part of a lot. The term shall not include a barrier of natural living vegetation, including shrubs, hedges, trees or other plant materials.
(5)
An aboveground or on-ground pool need not be enclosed by a fence
or wall so long as the ladder to said pool is removed or locked in
the upright position to prevent access to said pool when it is not
in use.
(6)
Any swimming pool having electrical power within 10 feet of said
pool shall assure that the electrical power source is GFI protected.
[Added 9-2-2008 by Ord.
No. 255]
(7)
The then-current Pennsylvania Uniform Construction Code guidelines
for swimming pool safety are hereby incorporated by reference as if
fully set forth and shall be fully enforceable by the Borough.
[Added 9-2-2008 by Ord.
No. 255]
B.
Public swimming pools. Public swimming pools in districts where permitted
shall comply with the conditions set forth in:
A.
Cornices, eaves, belt courses, sills or other similar architectural
features, exterior stairways, fire escapes or other required means
of egress, rain leads or chimneys may extend or project into a required
yard not more than two feet.
B.
No patio or paved terrace shall be located within five feet of any
property line or between the building setback line and the right-of-way
line.
In any use district when 50% or more of the block frontage containing
a lot upon which a proposed building is to be located is already improved
with buildings having front yards of less depth than that required
for that particular use district, the average of such front yards
shall establish the minimum front yard depth for the remainder of
the frontage; provided, however, that in no case shall the setback
be less than 10 feet from the curbline.
On a corner lot, no fence, structure, or planting higher than
two feet above the curb or street line shall be permitted within a
triangle described by fifteen-foot lines extended along the right-of-way
lines from the intersection.
A.
Registration. Nonconforming uses shall be registered within six months
of the effective date of this chapter. The Zoning Officer shall identify,
register, and certify the registration of all nonconforming uses and
nonconforming structures. A certification of nonconformance shall
be issued by the Zoning Officer for all structures and uses which
are in conflict with the use designated for the zone in which they
are situated, when requested by the owner of such structure or use.
Appeals may be taken to the Zoning Hearing Board.
B.
Continuation.
(1)
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.
(2)
Continuation of use of a structure or land shall not be permitted
if the use was unlawfully established as a nonconforming use under
any previous zoning ordinance for the Borough of Avis.
C.
Extensions.
(1)
A nonconforming use of a building may be extended throughout the
building if no structural alterations are made therein, provided that
such extension may include structural alterations when authorized
as a special exception when the Zoning Hearing Board finds that such
structural alterations will not adversely affect adjoining property.
(2)
A nonconforming use or a nonconforming structure may be extended
on the lot after the prohibitory provision took effect, but not in
violation of the area and yard requirements of the district in which
such structure or premises are located, or in violation of the use
regulations which would apply to the nonconforming use or structure
if the same were located in an area permitting the use. The more restrictive
yard requirement shall apply.
(3)
In an I-1 District, a nonconforming use may be on a lot occupied
by such use and held in single and/or separate ownership at the effective
date of this chapter.
(4)
In all but I-1 Districts, a nonconforming use may be extended upon
a lot occupied by such use and held in single and/or separate ownership
at the effective date of this chapter when authorized as a special
exception, provided that such extension does not replace a conforming
use, does not violate the yard and coverage requirements of the zone
in which the nonconforming use exists, and, regardless of changes
in lot coverage, a proposed expansion shall not exceed 50%.
D.
Nonconforming lot of record.
(1)
In any district in which single-family houses are permitted, a single-family
house and customary accessory building may be erected on any lot of
record in existence at the effective date of this chapter regardless
of the date of ownership.
(2)
This provision shall apply even though such lot fails to meet requirements
of side, front or rear yards or the minimum lot area requirements
applicable in the district in which the lot is located. In no case
shall the percentage of lot coverage exceed 60%.
E.
Repairs.
(1)
Normal maintenance of a building or other structure containing a
nonconforming use is permitted, including necessary nonstructural
repairs and incidental alterations not extending the nonconforming
use, except as otherwise provided herein.
(2)
A building or other structure containing residential nonconforming
uses may be altered in any way to improve interior livability, provided
that no structural alterations shall be made which would increase
the number of dwelling units or the bulk of the building.
(3)
Any nonconforming building or structure damaged, destroyed by fire,
explosion, act of God or any other cause not within the control of
the owner, not greater than 80% of its existing floor area or volume,
may be restored, reconstructed or used as before, provided that the
volume of such use, building or structure shall not exceed the volume
which existed prior to such damage, and that it may be completed within
one year of such events.
F.
Changes. A nonconforming use of a building or land may be changed
to a use of an equal or more restricted classification when authorized
as a special exception by the Zoning Hearing Board.
H.
Building permits. In a case where a building permit has been issued
prior to the effective date of this chapter, and the proposed use
of land and/or building does not conform with this chapter, said proposed
use shall be regulated by the nonconforming use requirements of this
chapter and shall be considered the same as a lawful nonconforming
use if construction other than excavation and foundation is undertaken
within a period of 30 calendar days after the issuance date of said
building permit and construction thereof is completed within 12 calendar
months from the issuance date of the building permit.
I.
Nonconforming use of open land. All nonconforming signs, junk storage
areas, storage areas, and similar nonconforming use of open land,
when discontinued for a period of 90 days, or damaged to an extent
of 60% or more of replacement costs, shall not be continued, repaired,
or reconstructed, provided that the provisions of this section shall
not be applicable in an I-1 Industrial District.
[Amended 3-2-1981 by Ord.
No. 170]
No new junkyards shall be permitted within the Borough limits
after the date of passage of this chapter. Such uses existing at said
time date of adoption may continue their operations as nonconforming
uses, but shall terminate within one year unless they comply with
the following provisions:
A.
A living fence shall be established within one year of the passage
of this chapter to completely enclose the junkyard.
B.
A living fence may be established no closer than 10 feet to any property
line.
C.
Plant material to be used for the living fence must attain an average
height of six feet within eight years of the passage of this chapter.
Plant material should preferably be evergreen trees or shrubs, including,
but not limited to, scotch pine, red pine, Austrian pine, Norway spruce,
or arborvitae material. Other material recommended for use include
multiflora rose, or rhamnus frangula columnaris (tallhedge). The suitability
of the plant material shall be determined by the Planning Commission.
D.
If evergreens are to be used, they shall be planted in double rows
about six feet apart, with offset spacing.
E.
Tallhedge or multiflora rose, when used, shall be planted in single
rows on two-foot centers.
F.
Existing junkyards shall be maintained in such a manner as to cause
no public or private nuisance, nor to cause any offensive or noxious
sounds or odors, nor cause the breeding or harboring of rats, flies
or other vermin.
G.
If an existing nonconforming junkyard undergoes a transfer of ownership
or lease in any manner to another person, the nonconforming use shall
cease within three months from the date of transfer of ownership or
leasehold.
[Added 3-2-1981 by Ord.
No. 170]
A.
Fencing.
(1)
All fences shall not exceed eight feet in height except as provided
herein or by a variance from the Zoning Hearing Board.
(2)
All fences shall be maintained in good repair.
(3)
In no case shall fences prevent safe access from a dwelling in case
of disaster.
(4)
All fences can be set on the property line only if the property has
been surveyed.
B.
Sidewalks.
(1)
All sidewalks within the right-of-way shall be of concrete construction
and be four feet in width.
(2)
The exact placement of the sidewalk shall be set back from the roadway
as specified by the Borough Council.
(3)
The precise construction details shall be governed by resolution
of Borough Council.
D.
No resident shall construct obstructions such as steps, fences, or
other permanent features, except sidewalks, within the right-of-way
of a Borough or state street or highway.
[Ord. No. 6-1980; added 3-2-1981 by Ord. No. 170; amended 11-2-1998 by Ord. No.
221]
A.
Home occupations shall be conducted solely by members of the immediate
family that reside in the dwelling unit, except that two nonresidents
may be so employed.
B.
No more than 25% of the primary dwelling unit shall be devoted to
home occupations; "primary dwelling unit" being defined as not only
the home in which an individual or individuals may reside, but also
any attached or unattached buildings located on the premises.
[Amended 7-7-2003 by Ord.
No. 243]
C.
There shall be no exterior evidence of the conduct of the home occupation
except for permitted signs. There shall be no exterior storage of
rubbish, junk or materials that may be generated by the home occupation.
D.
The appearance of the structure shall not be altered or the occupation
within the residence be conducted in a manner which would cause the
premises to differ from its residential character either by the use
of colors, materials, construction, lighting, signs or the emissions
of sounds, noises, odors and vibrations.
E.
The use shall not generate noise, dust, fumes, odors, smoke, glare,
electrical interference, RF interference, fire hazard or any other
hazard or nuisance beyond that which normally occurs in an average
residential dwelling within the same zoning district where no home
occupation exists.
F.
Patrons of the home occupation shall be provided with suitable off-street
parking facilities located on the property of the home occupation.
G.
No goods shall be publicly displayed unless so provided for by conditional
use.
