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.
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.
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.