The provisions of this article represent regulations and standards
which are common to all zoning districts unless stated as pertinent
to a specific district herein.
All buildings, structures, lots and yards shall, in addition
to the applicable zoning district regulations, comply with the following
regulations, as applicable.
A.
Buildings and structures.
(1)
More than one principal structure shall be permitted on a single
lot, provided the area and bulk requirements of the applicable zoning
district shall be met for each individual structure.
(2)
Except where permitted otherwise in the SR, SRR, C, TC and LI
Zoning Districts, only one principal use shall be permitted in a single
structure.
(4)
Building height. No building or structure in any zoning district
shall exceed the height limitations of the applicable district. The
height limitations of this chapter shall not apply to church spires,
belfries, steeples, cupolas, domes and other similar structures not
devoted to human occupancy. Ventilation fans, air-conditioning equipment,
and similar equipment shall be masked from view by a pediment or other
similar architectural feature.
(5)
Minimum habitable floor area. The minimum habitable floor area
of a dwelling unit shall be in accordance with the Building Code for
the Borough of Elverson (UCC) and other applicable requirements of
this chapter.
B.
Lots. See Figure 11-1.
(1)
Not more than one principal use shall be permitted on a lot,
except where permitted in the SR, SRR, C, TC and LI Zoning Districts.
(2)
No lot shall be reduced in size so that the minimum lot area
and/or dimensional requirements of this chapter are no longer met.
(3)
Every lot hereafter approved shall have frontage upon a public or private street improved to meet Borough regulations or for which such improvements have been ensured by the posting of a performance guarantee pursuant to Chapter 240, Subdivision and Land Development.
(4)
Minimum lot width. No principal structure shall be erected on
any part of a lot which has a width less than the width required in
the applicable zoning district.
(5)
An existing lot that does not comply with the minimum lot area
requirements shall not be subdivided.
(6)
A lot that does not comply with the minimum dimensional requirements
shall not be subdivided to further increase the nonconformity or create
a new nonconforming condition.
(7)
Corner lots.
(a)
A front yard shall be applied to the street frontage to which
the front of the primary structure or structures faces.
(b)
The yard opposite the front of the primary structure or structures
shall be a rear yard.
(c)
The remaining yards shall be side yards.
(d)
The minimum lot width requirements shall be applied to the street
frontage to which the front of the primary structure or structures
faces.
(8)
Flag lots. Flag lots shall be permitted by conditional use in accordance with Article XVII and the following regulations:
(a)
Flag lots shall contain a lot area equal to the minimum required
lot area of the zoning district in which the lot is located. Where
applicable, the area of the access strip (stem) shall not be included
in the calculations of the required minimum lot area.
(b)
Access strip (stem).
[1]
A flag lot shall be connected to an existing or
proposed road by an access strip (stem) which shall have a minimum
width of 25 feet measured from the existing street line of the road
being accessed for the full length of the access strip (stem) to the
point where the lot first obtains the required minimum lot width.
(c)
The front yard for a flag lot shall be measured from the point
where the lot first obtains the minimum required lot width for the
district in which the lot is located.
(9)
Reverse frontage lots (through lots).
(a)
Any yard abutting a street shall meet the minimum required front
yard for the applicable zoning district and shall be subject to all
front-yard requirements of this chapter. The remaining yards shall
be side yards.
(b)
The minimum lot width requirements shall be applied to the street
frontage to which the front of the primary structure or structures
faces.
C.
Yards. See Figure 11-2.
(1)
Where a minimum depth of a front-, side- or rear-yard setback
is required as specified by the area and bulk requirements in the
zoning districts, an unoccupied space a minimum of the specified depth
shall be provided between the street line(s) or lot line(s) and the
nearest point of any principal building or structure, except when
permitted or otherwise specified elsewhere in this chapter.
(2)
Side yards shall not be required for buildings or structures
connected by party walls on adjacent lots or on the same lot where
such structures are permitted by this chapter.
(3)
Space provided to satisfy the area and bulk requirements for
any building or structure, either existing or proposed, shall not
be used to meet the area and bulk requirements for any other building
or structure.
(4)
Projection into required yards. No building or structures or
portion thereof shall be constructed within or shall project into
any required yard in any zoning district except as follows:
(a)
No structure or any other item or property shall be placed so that intrudes upon the required visibility on corner lots in accordance with § 290-1103.
(b)
Driveways, sidewalks, walkways, fences and signs shall be permitted within required yards, except as otherwise regulated by this chapter and Chapter 240, Subdivision and Land Development.
(c)
Open, unenclosed fire escapes, unroofed steps, bay windows,
and balconies may project a maximum of four feet into any side or
rear yard.
(d)
Uninhabited accessory structures, including sheds not used for
automobile storage, storage sheds, arbors, open trellises, flagpoles,
and lampposts, shall be permitted within required yards.
(e)
Awnings or movable canopies may project into any yard a maximum
of 12 feet.
(f)
No building, structure or part thereof shall be located within
five feet of any lot line, except as otherwise permitted by this chapter.
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Figure 11-2: Yard and Setback Requirements
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Any wall, fence or other structure, object, hedge, tree or other planting on a corner lot shall be designed in a manner which does not obscure the vision of traffic. No vision-obstructing object shall obscure vision above the height of 30 inches or below the height of 10 feet within the area bounded by the street lines of such corner lots and a line joining them 25 feet from their point of intersection. For example, trees shall be limbed to a height of 10 feet. Applications for subdivision or land development shall comply with the clear sight distance requirements in § 240-621I of Chapter 240, Subdivision and Land Development.
All uses shall be provided with required off street parking and loading facilities as required by Article XIV of this chapter.
In order to minimize traffic congestion and hazards and control
street access for the public safety, the following standards have
been established:
A.
Access to parking lots shall be provided by a defined access driveway or driveways in order to avoid direct access onto a public street. No parking lot or individual parking space shall directly abut the cartway of a street, except where an access driveway or driveways are provided, in accordance with Article XIV and § 240-611D of Chapter 240, Subdivision and Land Development.
B.
There shall be a maximum of two access driveways to any public street
per use or lot.
A.
Purpose. The provisions of this section are enacted in order to minimize
undesirable off-site effects of lighting while providing for lighting
that is sufficient for the safe and pleasurable use of each property
in order to:
(1)
Protect drivers and pedestrians from the glare of nonvehicular
light sources.
(2)
Protect neighbors and the night sky from nuisance glare and
light trespass from improperly selected or poorly placed, aimed, applied,
maintained or shielded light sources.
(3)
Promote energy-efficient lighting design and operation.
B.
Applicability. Outdoor lighting shall be required for the purpose
of safety and personal security in areas of public assembly and traverse,
including, but not limited to:
(1)
Access driveways, pedestrian walkways, vehicular service areas,
and parking facilities of multifamily, commercial, institutional and
industrial uses.
(2)
Loading facilities.
(3)
At the ingress and egress of parking facilities.
(4)
Where Borough Council may require or permit lighting to be incorporated
for other uses where security and safety reasons warrant.
(5)
Where required in accordance with any applicable provision of this chapter or Chapter 240, Subdivision and Land Development, the owner shall install or cause to be installed at the expense of the owner metal pole streetlights serviced by underground conduit in accordance with a plan prepared by an engineer and approved by the Borough Council.
(6)
Unless otherwise regulated by this chapter, the requirements
of this section shall apply to signs, architectural lighting, and
landscape lighting.
A.
All outdoor storage shall be completely screened or hidden from view from any public right-of-way, a contiguous residential use, or property zoned for residential use. Screening shall consist of plants or an architectural screen in accordance with § 290-1105.
B.
Any establishment which furnishes carts or mobile baskets as an adjunct to shopping shall provide defined areas within the required parking space areas for storage of said carts. Each designated storage area shall be clearly marked for storage of shopping carts. Such signs indicating storage shall not be considered as regulated by Article XIII. However, no more than two signs shall be permitted per parking cart storage, each not greater than four square feet in size. Each designated storage area shall be enclosed by a barrier a minimum of four inches higher than the parking area surface and shall be clearly marked for storage of shopping carts. All shopping carts shall be stored indoors or otherwise secured during nonoperating hours.
C.
No materials or wastes shall be deposited upon a lot in such form
or manner that they may be transported off by natural causes or forces.
D.
All organic refuse or garbage shall be stored in durable, verminproof containers. For multifamily uses with greater than six units, commercial, institutional and industrial uses, garbage storage shall be centralized to expedite collection and screened from adjacent properties and from the public view in accordance with § 240-609C(4)(b) of Chapter 240, Subdivision and Land Development.
E.
Outdoor storage facilities for fuel, raw materials and products shall
be enclosed with an approved safety fence compatible with the architectural
and landscaping style employed on the lot.
F.
Storage area. This section shall not apply to any principal use where
storage is implicit to the use, including lumberyards and vehicle
sales.
G.
Vehicles and vehicle parts.
(1)
Not more than two unregistered, uninspected or unlicensed vehicle
of any kind shall be permitted per residential property/lot.
(2)
No vehicle shall be stored on blocks; further, no vehicle shall
be in a constant state of disrepair for more than 60 consecutive days.
(3)
The storing or parking of vehicles for sale shall not be located
within any street right-of-way and shall be located a minimum of 10
feet from all other property lines.
H.
Storage of not more than two boats, trailers or recreational vehicles
(RVs, ATVs) owned by the property owner shall be permitted behind
the building line and shall be set back from any lot line as required
for an accessory structure for the district in which it is located.
I.
Outside storage or display shall not occupy any part of the street
right-of-way area intended or designed for pedestrian use, required
parking area, or required front yard, except as specifically permitted
herein.
J.
Outdoor display. In the Town Center (TC) Zoning District, merchandise
available for retail sale may be displayed in a neat and orderly fashion
outside of the building of the retail establishment that is selling
the merchandise, provided:
(1)
No merchandise shall be placed within four feet of the edge
of cartway.
(2)
A four-foot-wide clear sidewalk path shall be maintained at
all points.
(3)
No merchandise shall be displayed outdoors in a manner that
is intended to or has the effect of interfering with pedestrian or
vehicular traffic or is distracting to motorists.
(4)
The outdoor display of merchandise shall not interfere with
the sight lines of traffic and shall not impair the visibility of
any public or private sign.
(5)
The merchandise shall not be placed within required parking
spaces.
(6)
No merchandise shall be displayed outdoors in a manner that
will result in the merchandise falling into the street or sidewalk,
blowing, spilling or otherwise becoming disorderly, hazardous or a
nuisance.
(7)
No additional signage in excess of that approved for the property
shall be attached to or placed in conjunction with the merchandise
being displayed.
(8)
Any merchandise that is placed on the public sidewalk or right-of-way
in violation of this section or that otherwise constitutes a hazard
to the public may be removed by the Borough Zoning Officer with or
without notice to the owner.
(9)
All merchandise displayed outdoors shall be removed and placed
indoors at the close of business each day.
A.
Applicability.
(1)
All uses shall comply with the requirements of this section.
The regulations established in this section are designed to prevent
dangerous or objectionable hazards or conditions which would be adverse
to the health, safety and welfare of Borough residents.
(2)
In no instance shall any use or activity be permitted which
by reason of noise, dust, odor, appearance, smoke, glare or other
objectionable factor creates a nuisance, hazard or other adverse effect
upon the value or reasonable enjoyment of the surrounding properties
in accordance with this section.
(3)
Compliance shall be determined by the Zoning Officer with respect
to permitted uses, by the Zoning Hearing Board with respect to special
exceptions, and Borough Council in respect to conditional uses. In
order to determine whether a proposed use will conform to the requirements
of this chapter, the Borough may obtain a qualified consultant's report,
whose cost for services shall be borne by the applicant.
B.
Smoke. No smoke shall be emitted from any chimney or other source
of visible gray greater than No. 1 of the Ringelmann Smoke Chart as
published by the U.S. Bureau of Mines, except that smoke of a shade
not darker than No. 2 on the Ringelmann Chart may be emitted for not
more than four minutes in any eight-hour period.
C.
Air pollution dust and dirt, fumes, vapors and gasses.
(1)
The emission of dust, dirt, fly ash, fumes, vapors or gasses
which can cause any damage to human health, to animals or vegetation
or to other forms of property or which can cause any soiling or staining
of persons or property at any point beyond the lot lines of the use
creating the emission is herewith prohibited.
(2)
No user shall emit or cause or allow to be emitted or permit
to escape into the open air, any air contaminant of a quantity or
quality which will violate any provision of this chapter or any other
applicable regulation.
(3)
No user shall cause, allow, permit, kindle, ignite or maintain
any junk fire, refuse fire, or salvage operations fire.
(4)
No firm or corporation shall permit or cause the discharge of
particulate matter into the atmosphere from incinerators in excess
of 0.1 grains per cubic foot of gas at standard conditions corrected
to 12% CO2, except as designated under specific
contaminants.
D.
Specific contaminants.
(1)
Fugitive emission. As required by Sections 123.1 and 123.2, Chapter 123, Article III, Subpart C, Part 1, Title 25 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection, as revised January 17, 1972, or as may be revised in the future.
E.
Toxic or noxious matter.
(1)
Waterborne. No materials or wastes shall be deposited upon a
lot in such form or manner that they may be transferred off the lot
by natural causes or forces, nor shall any substance which can contaminate
a stream or watercourse or otherwise render such stream or watercourse
undesirable as a source of water supply or recreation, or which will
destroy aquatic life, be allowed to enter any stream or watercourse.
(2)
Airborne. The ambient air quality standards for the Commonwealth
of Pennsylvania shall be the guide to the release of airborne toxic
materials across lot lines. Where toxic materials are not listed in
the ambient air quality standards of the Commonwealth of Pennsylvania,
the release of such materials shall be in accordance with the fractional
quantities of those toxic materials currently listed in the Threshold
Limit Values adopted by the American Conference of Governmental Industrial
Hygienists. Unless otherwise stated, the measurement of toxic matter
shall be at ground level or habitable elevation and shall be the average
of any twenty-four-hour sampling period.
F.
Noise control. Noise levels shall be maintained at a level which
is not objectionable due to intermittence, frequency or intensity
and shall not exceed the standards established by this section. The
operation of motor vehicles, farm operations, temporary activities
involved in the construction or demolition of structures, and emergency
alarm signals shall be excluded from this regulation. Sound levels
measured at all the property lines housing the activity producing
the sound by a sound level meter which conforms to the specifications
published by the American Standards Association shall not exceed 65
decibels (dBA) at any time. Sound levels at property lines abutting
residential uses shall not exceed 50 decibels (dBA) between the hours
of 9:00 p.m. and 7:00 a.m.
G.
Odors. There shall be no emission of odorous gases or other odorous
matter in such quantities as to be offensive at any point on or beyond
the lot boundary line within which the operation is situated. Any
process which may involve the creation or emission of any odors shall
be provided with a secondary safeguard system in order that control
will be maintained if the primary safeguard system should fail. Odor
thresholds shall be measured in accordance with ASTM D-1391-57, "Standard
Method for Measurement of Odor in Atmospheres (Dilution Method)."
H.
Glare and heat. No industrial use shall carry on an operation that
would produce heat or glare beyond the property line of the lot on
which the industrial operation is situated.
I.
Vibration. Machines or operations which cause vibrations shall be
permitted, but in no case shall any such vibrations be perceptible
beyond the property line.
J.
Radioactivity, electrical, radio disturbance, or EMF and RFI emission.
There shall be no activities which emit radioactivity disturbance
(except from domestic household appliances) adversely affecting the
operation at any point of any equipment other than that of the creator
of such disturbance.
K.
Fire and explosion hazards. The manufacture of materials or products
using processes ranging from free or active burning to intense burning
is permitted, subject to compliance with all other performance standards,
and provided the following conditions are met:
(1)
Said materials or products shall be stored, utilized or produced
within completely enclosed buildings or structures having noncombustible
exterior walls.
(2)
All such buildings or structures shall be set back a minimum
of 50 feet from side or rear lot lines and 150 feet from the street
line, and shall be protected throughout by an automatic fire suppression
system complying with installation standards prescribed by the National
Fire Protection Association.
(3)
The utilization in manufacturing process of materials which
produce flammable or explosive vapors or gases shall be prohibited,
except where permitted as a conditional use upon the recommendation
of the Borough Engineer. Conditional use approval shall be guided
by the standards prescribed by the National Fire Protection Association
and the requirements of other ordinances of the Borough.
L.
Water quality. No use shall withdraw water from any stream without
filing for and obtaining permission from the Delaware River Basin
Commission or the Susquehanna River Basin Commission, as applicable.
No use shall discharge water to any stream except in accordance with
applicable regulation of the Pennsylvania Department of Environmental
Protection (DEP).
M.
Storage and disposal of waste and hazardous materials.
(1)
All storage must be designed to meet the standards prescribed
by the National Fire Protection Association and other applicable regulation.
(2)
All outdoor storage facilities for fuel, raw materials, products,
and all fuel, raw materials and products stored outdoors, shall be
enclosed by an approved safety fence and visual screen and shall conform
to all yard requirements of the applicable zoning district.
(3)
Storage of all materials or wastes shall meet the requirements of § 290-1109 and all other applicable performance standards herein.
(4)
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored outdoors only if enclosed in
containers which are adequate to eliminate such hazards.
A.
Fences or walls may be permitted within and along the periphery of
any required yard, provided:
(1)
No fence or wall shall be constructed without filing a permit
and receiving approval from the Borough. Permits are available on
the Borough website and at the Borough Hall.
(2)
No fence or wall shall be erected or planted within or encroaching
upon the legal or ultimate street right-of-way or floodway. No fence
or wall shall be erected or planted within or encroaching upon a utility
easement or drainage easement unless the easement agreement which
creates the easement specifically allows such encroachment.
(3)
No fence or wall shall be erected in any manner that obstructs a clear line of sight or vision from a driveway or street intersection in accordance with applicable sections of this chapter or Chapter 240, Subdivision and Land Development.
(4)
Unless otherwise specified in this chapter, fences or walls
which are erected within a required front yard shall not exceed four
feet in height, and fences shall maintain a minimum one-to-one ratio
of open areas to structural members (for example, picket wrought iron
fence and post and rail fence).
(5)
Unless otherwise specified by this chapter, all fences and walls
within the required side yard or rear yard shall not exceed a maximum
of six feet on any lot for residential uses and eight feet for nonresidential
uses.
(6)
Fences and walls shall be constructed so as to place structural
members toward the property being enclosed by the fence, thereby presenting
the best appearance towards adjacent property.
(7)
Fences which are erected in residential zoning districts or
for residential uses may be comprised of the following materials:
wood; split rail; wrought iron; composite; chain link; a combination
of the aforementioned materials; or other materials which, in the
discretion of the Zoning Officer, are recognized as standard materials
utilized for residential fencing.
(8)
Fences which are erected in the nonresidential zoning districts
or for nonresidential uses may be comprised of the following materials:
wood; split rail; wrought iron; composite; chain link; a combination
of the aforementioned materials; or other materials which, in the
discretion of the Zoning Officer, are recognized as standard materials
utilized for nonresidential fencing.
(9)
Walls may be comprised of the following materials: decorative
concrete block (such as E.P. Henry, Mesa, Keystone); brick; stone;
concrete with a brick or stone veneer; or other materials which, in
the discretion of the Zoning Officer, are recognized as suitable industry
standards.
(10)
The use of razor or barb wire fencing shall only be utilized
as part of a security fence for nonresidential uses.
(11)
An existing fence or wall replaced in its entirety shall comply
with the provisions by this section.
(12)
Ordinary and normal maintenance and/or repairs of a fence or
wall in any zoning district shall not require the issuance of a permit.
(13)
Any fence or wall which, in the judgment of the Zoning Officer,
is unsafe, dangerous or a threat to the public health, safety and/or
welfare shall be removed, repaired or replaced, as determined necessary
by the Zoning Officer, at the expense of the property owner.
(14)
Fences or walls erected on property that is dedicated to private
or public open space shall comply with the provisions established
under this section.
B.
The following wall and fences shall be exempt from the provisions
established under this section.
(1)
Fences and walls used for agricultural purposes to contain livestock
or for agricultural uses, provided that they do not hinder visibility
or pose a threat to the public health, safety or welfare.
(2)
Fences and walls of an historic nature which are accessory to
an officially designated historic structure.
(3)
Buried electronic fences used to control pets, provided that
they do not emit radiation which would pose a threat to public health,
safety or welfare.
(4)
Fences screening public utility infrastructure.
C.
In situations where a property line is in doubt, the Zoning Officer
may require the property owner(s) to have a professional land surveyor
determine and mark the precise limits of the property line(s) in question,
at the cost to the applicant(s).
