The following provisions shall apply to all nonconforming uses:
A. 
A nonconforming use may be continued but may not be extended, expanded or changed unless to a conforming use, except as permitted by the Zoning Hearing Board in accordance with the provisions of this chapter.
B. 
Any nonconforming structure damaged by fire, flood, explosion, or other casualty may be reconstructed and used as before if such reconstruction is performed within 12 months of such casualty and if the restored structure has no greater coverage and contains no greater cubic content than before such casualty.
C. 
In the event that any nonconforming use, conducted in a structure or otherwise, ceases, for whatever reason, for a period of one year or is abandoned for any period, such nonconforming use shall not be resumed.
A private swimming pool shall be permitted as an accessory use to any permitted residential use, provided:
A. 
The pool is intended for private accessory use only and not for commercial or club purposes.
B. 
The pool shall be walled or fenced so as to prevent uncontrolled access by children from the street or adjacent properties.
A. 
Off-street parking spaces shall be provided in accordance with the specifications in this section in any district except the B-1 Business District whenever any new use is established or existing use is enlarged.
[Amended 6-2-2022 by Ord. No. 2022-2]
Use
Parking Spaces Required
Residential
1 per dwelling unit
R-2 District
1 per dwelling unit
Church and school
1 per 6 seats in principal assembly room
Private club or lodge
1 per 4 members
Theater
1 per 4 seats
Hospitals and rest homes
1 per 3 beds and 1 for each 2 employees on the maximum working shift
Professional offices, business services, wholesale houses, and medical clinics
1 for every 250 square feet of floor space
Personal service establishments
1 for each 100 square feet of floor space
Bowling alleys
5 for each alley
Recreational assembly places, e.g., dance halls, night clubs, funeral homes
1 for each 100 square feet of floor space
Industrial
1 for each 2 employees on the maximum working shift
Group day-care center or day care, child
1 per 300 square feet net floor area
Bank/financial institution
1 per 300 square feet net floor area and 1 per employee on peak shift
Convenience store
1 per 300 square feet net floor area and 1 per employee on peak shift
Gas/fuel station
1 per 300 square feet net floor area and 1 per employee on peak shift
Micro-brewery
1 per 75 square feet net floor area and 1 per employee on peak shift
Micro-distillery
1 per 75 square feet net floor area and 1 per employee on peak shift
Restaurant
1 per 75 square feet net floor area and 1 per employee on peak shift
Restaurant, neighborhood
1 per 50 square feet net floor area and 1 per employee on peak shift
Retail store
1 per 250 square feet net floor area and 1 per employee on peak shift
Retail store, neighborhood
1 per 250 square feet net floor area and 1 per employee on peak shift
Self-storage facility
1 per 100 storage units and 1 per employee on peak shift
Service station
3 per bay and 1 per employee on peak shift
Tavern or bar
1 per 75 square feet net floor area and 1 per employee on peak shift
Winery
1 per 75 square feet net floor area and 1 per employee on peak shift
B. 
Parking space 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, shall be filed with the application for a zoning certificate.
C. 
Any off-street parking lot for more than five vehicles shall be graded for proper drainage and surfaced so as to provide a durable and dustless surface.
D. 
Any lighting used to illuminate any off-street parking lot shall be so arranged as to reflect the light away from adjoining premises in any "R" district.
Planned unit residential, business and industrial projects may be permitted if the planned unit project meets the requirements of this section. After the unit plan is approved, all development, construction, and use shall be in accordance with that plan, unless a new planned unit project plan is submitted to and approved by the Zoning Hearing Board as required by this chapter. Any development contrary to the approved unit plan shall constitute a violation of this chapter.
A. 
The area of the land to be developed shall not be less than five acres.
B. 
Properties adjacent to the unit plan shall not be adversely affected.
C. 
The average density of dwelling units per acre shall not be higher than that permitted in the district in which the plan is located.
D. 
The use of the land shall not differ substantially from the uses permitted in the district in which the plan is located, except that limited business facilities, intended to serve only the planned unit project area and fully integrated into the design of the project, may be considered.
E. 
The unit plan shall be consistent with the purpose of this chapter.
F. 
The unit plan shall be reviewed, and recommendations made, by the Borough Planning Commission and the Borough Council to determine if the proposed project is consistent with the Borough Comprehensive Plan and in the best welfare of the Borough.
A. 
Temporary structures used in conjunction with construction work shall be permitted only during the period that the construction work is in progress.
B. 
Permits for temporary structures shall be issued for a six-month period. Residing in basement or foundation structures before the completion of the total structure shall not be permitted.
No sign, billboard, or exterior graphic display shall be permitted in any district except as herein provided.
A. 
In any district, a sign not exceeding one square foot in surface size is permitted which announces the name, address, or professional activity of the occupant of the premises on which said sign is located.
B. 
A bulletin board not exceeding 24 square feet is permitted in connection with any church, school or similar public building.
C. 
Business signs shall be permitted in connection with any legal business or industry when located on the same premises and if they meet the following requirements:
(1) 
Signs shall not contain information or advertising for any product not sold on the premises.
(2) 
Signs shall not have an aggregate surface size greater than five square feet for each foot of width of the principal structure on the premises.
(3) 
Signs shall not project over public rights-of-way.
(4) 
Signs shall not be illuminated in any manner which causes undue distraction, confusion or hazard to vehicular traffic.
Any home occupation, such as an art studio, dressmaking, teaching, or the professional office of a physician, dentist, lawyer, engineer, architect or accountant, shall be permitted as an accessory use if it complies with the requirements of this section. A home occupation shall not be interpreted to include barbershops and beauty parlors, commercial stables and kennels, real estate offices, or restaurants.
A. 
The home occupation shall be carried on by a member of the family residing in the dwelling unit with not more than one employee who is not part of the family.
B. 
The home occupation shall be carried on wholly within the principal or accessory structures.
C. 
Exterior displays or signs other than those permitted under § 375-19, exterior storage of materials, and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted.
D. 
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced.
E. 
Articles not produced on the premises shall not be sold on the premises.
[Added 3-14-2019 by Ord. No. 2019-1]
The keeping of chickens shall be allowed as an accessory use by permit, in all residential districts, R-1 and R-2, of the Borough, subject to the specific standards and criteria set forth below:
A. 
The keeping of chickens shall be allowed by right as an accessory use by permit, in all residential districts of the Borough (R-1 and R-2), subject to the standards in this section.
B. 
Any person wishing to engage in this accessory use by permit shall submit an application for zoning/accessory use permit to the Zoning Officer for review and approval, with the fee for same to be established by resolution of Oakdale Borough Council. Approval shall be subject to the following standards:
(1) 
For the first 5,000 square feet of any property, up to three chickens are allowed. An additional chicken is permitted for every additional 2,000 square feet. A maximum number of 10 chickens may be kept at once on a parcel.
(2) 
No person shall keep or maintain a rooster.
(3) 
The chickens must be housed in a chicken coop located in the backyard only, a minimum of 10 feet from any property line. The minimum coop size shall be three square feet per chicken.
(4) 
An outside run shall be attached to the coop, at least 10 feet from any property line, and sufficiently contain the chickens.
(5) 
All feed, water and other items for keeping chickens shall be secured to prevent rats, mice, or other vectors from infesting.
(6) 
Chicken feces must be properly collected, stored, and disposed of in a manner that prevents malodorous smells, nuisances, or other hazards. (Chicken manure may be composted and added to gardens or yards if done without creating malodorous smells, nuisances, or other hazards.)
(7) 
The selling of chickens or chicken products for commercial purposes is prohibited.
(8) 
Slaughtering and butchering is prohibited.
(9) 
No chickens shall be kept in townhouse communities, apartment communities, or mobile home parks.
(10) 
No chickens shall be kept on any lot smaller than 2,500 square feet.