A.
Frontage required onto improved street.
(1)
Every principal building shall be built on a lot with permanent
access on a public street or a private street that is improved to
meet Borough standards, including a street right-of-way, or for which
such improvements have been insured by the posting of a performance
guarantee pursuant to the Borough Subdivision and Land Development
Ordinance. In the case of townhouses, this requirement may be met
by access onto a parking court which has access onto such street.
(2)
If a preexisting lawful lot only has access onto an existing private street that does not meet Borough standards and the improvement of that street is reasonably beyond the control of the applicant, or the lot only has access via a legal easement, the lot may be used for a single permitted-by-right use, but no new lots shall be created that will not be able to meet the above requirement of Subsection A(1).
B.
Multiple uses in a building. Occupancy of a principal commercial
or industrial building by more than one permitted use is specifically
allowed, provided that all other requirements of this Zoning chapter
are satisfied.
C.
Multiple buildings on a lot.
(1)
More than one building housing one permitted principal use may
be erected on a single lot, provided that area, yard and other requirements
of this Zoning chapter shall be met for each building as though it
were on an individual lot. However, if two or more approved townhouse
buildings, apartment buildings or buildings in a commercial or industrial
district are placed on one lot those buildings, they shall only be
required to meet the yard requirements around the perimeter of the
lot and shall only be required to meet the specified lot area requirements.
(2)
Individual buildings or portions of such buildings may be held
in approved condominium ownership, but the lot shall be owned by a
single legal entity.
D.
Minimum size of dwellings. Each dwelling unit shall include a minimum
of 500 square feet of habitable, indoor, heated floor area.
The maximum structure height specified for each district shall
not apply to: farm silos and associated agricultural structures, communications
towers, amateur radio antenna, water towers, clock or bell towers,
steeples of places of worship, electrical transmission lines, elevator
shafts, windmills, chimneys or other appurtenances usually required
to be and customarily placed above the roof level and not intended
for human occupancy. In addition, a pitched roof may extend beyond
the maximum building height within an area equal to a maximum of 10%
of the building footprint to allow for architectural features, provided
that such space is not intended to be occupied.
A.
In general.
(1)
No lot, structure or use shall be created or developed in such
a way that it would result in another lot, building or use not being
able to meet the requirements of this Zoning chapter. This includes,
but is not limited to, setback areas, nonimpervious areas and off-street
parking areas.
(2)
Emergency access. All uses and structures shall have adequate
provisions for access by emergency vehicles.
B.
Exceptions to minimum lot areas, lot widths and yards.
(2)
Corner lots. A setback area equal to the minimum front yard
setback shall be provided along all portions of a corner lot abutting
any public street, except where otherwise provided by this chapter
or the applicant proves to the satisfaction of the Zoning Officer
that the provision of a smaller setback of a different yard for a
residential building will conform with the clearly prevailing yard
pattern on numerous existing developed adjoining lots fronting on
the same street.
(3)
Projections into required yards.
(a)
Cornices, eaves, sills or other similar architectural features,
exterior stairways, fire escapes or other required means of egress,
rain leads or chimneys or other similar structures that do not include
space usable by persons may extend or project into a required yard
not more than four feet.
(b)
Front or rear porches or decks and accompanying steps, whether
covered or uncovered, that are not enclosed and do not have walls
of mostly solid material, glass or plexiglass and that abut the principal
building may project up to eight feet into the required front yard
setback and up to 15 feet into a required rear yard setback.
(4)
Septic systems. Nothing in this Zoning chapter shall prevent
the Municipal Sewage Enforcement Officer from requiring a minimum
lot area larger than what is stated in this Zoning chapter to carry
out state and Borough sewage regulations.
(5)
Previously approved setbacks. Where a subdivision or land development
was granted final approval prior to the adoption of this Zoning chapter,
and the lawful setbacks in effect at such time are shown on the approved
plans, at the option of the developer, those approved setbacks may
apply in place of any revised setbacks in this Zoning chapter.
(6)
Front yard setback exception. When an unimproved lot is situated
between two lots with existing principal buildings that each have
front yard setbacks less than the setback required in that district,
then the front yard setback may be reduced to a depth equal to the
average of the two adjacent lots, provided that in no case shall a
front yard be reduced by more than 50% of the required front yard
for that district.
C.
Sight distance at intersections.
(1)
Intent. To ensure that traffic passing through an intersection
or turning onto a street can safely see oncoming traffic.
(2)
A triangular area as described in this section shall be graded
and shall be kept free of sight obstructions between a height of 30
inches and 10 feet, including structures, nontransparent fences, vegetation
and signs (but not including sign posts of less than one foot in width
or utility posts or the trunks of trees).
(3)
This sight-distance triangle shall be shown on development plans
submitted to the Borough and be shown on any plan required to be recorded.
Such triangle shall serve as a permanent setback line for all such
visual obstructions and shall be binding upon present and future owners
of the land.
(4)
The clear sight triangle shall be measured a distance of 75
feet along the center line of each street, measured from the intersection
of the center lines. However, the length shall be 150 feet along the
center line of the arterial street. The two resulting lines shall
then be connected by a third longer leg of the triangle.
D.
Buffer yards. Buffer yards and screening complying with the following
standards shall be required under the following situations:
(1)
Buffer yard width, when required. Buffer yards with evergreen
screening shall be required in the following situations, with whichever
is most restrictive applying.
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Buffer Yard Required to Be Provided by the Following
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When Such Use Is Abutting the Following
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Minimum Width of Buffer Yard (in feet)
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Any newly developed or expanded industrial use or industrial
storage or industrial loading area
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Within 250 feet of an existing dwelling
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10
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Any newly developed or expanded industrial outdoor storage area
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An arterial or collector street
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10
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Any use required to provide a buffer yard under another section
of this Zoning chapter
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10, unless stated otherwise
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(2)
Location of buffer yards.
(a)
The buffer yard shall be measured from the district boundary
line, future street right-of-way line or lot line, whichever is applicable.
(b)
Plants needed for the visual screen shall not be placed within
future street right-of-way. The required buffer yard width shall be
in addition to the required future street right-of-way.
(c)
The buffer yard may include areas within a required front, side
or rear yard, or a paved area setback area, provided the larger yard
requirement shall apply in case of overlap.
(3)
Characteristics of buffer yards.
(a)
The buffer yard shall be a landscaped area free of structures,
dumpsters, commercial or industrial storage or display, manufacturing
or processing activity, materials, loading and unloading areas or
vehicle parking or display. No new driveways or streets shall be permitted
in the buffer yards except at points of approved approximately perpendicular
crossings for ingress or egress.
(b)
Maintenance. In buffer yards, all areas not covered by trees
and shrubs shall be well-maintained in an all-season vegetative ground
cover (such as grass) and shall be kept free of debris and rubbish
and shall not include grass areas higher than eight inches.
(c)
Preservation of existing vegetation or slopes. If an applicant proves to the satisfaction of the Zoning Officer that an existing healthy tree line, attractive thick vegetation, natural earth berm and/or steep slopes will be preserved and serve the same buffer purposes as plant screening that would otherwise be required, then such preserved existing buffer shall be permitted to be used in place of planting new plants. In such case, the width of the buffer yard required by § 400-803D(1) shall still apply. If this existing buffer requirement is removed, the applicant shall be required to plant a buffer yard that will meet the planting requirements of this section.
(d)
Fence. Ornamental or wooden fences may be located anywhere within
a buffer yard. All other types of fences (such as chain link) within
a buffer yard shall be placed on the inside of any required plant
screening.
(4)
Plant screen.
(a)
Each buffer yard shall include a planting screen of trees or
shrubs extending the full length of the lot line.
(b)
Each planting screen shall meet the following requirements:
[1]
Plant materials needed to form the visual screen shall have
a minimum height when planted of four feet.
[2]
Plants needed to form the visual screen shall be of such species,
spacing and size as can reasonably be expected to produce within three
years a solid year-round visual screen at least six feet in height.
[3]
The plant screen shall be permanently maintained by present
and future landowners. Any plants needed to form the visual screen
that die or are removed shall be replaced within six months.
[4]
The plant screen shall be placed so that at maturity the plants
will be at least five feet from any cartway and will not grow over
an exterior lot line.
[6]
Evergreen trees likely to grow substantially in diameter should
be planted in two or more rows or off-sets if needed to allow space
for future growth.
(5)
Buffer yard plans.
(a)
Prior to the issuance of a permit under this Zoning chapter
where a buffer yard would be required, and on any required subdivision
or land development plan, the applicant shall submit plans showing:
(b)
The Zoning Officer shall review such plans to determine that
the plans are in conformance with the terms of this Zoning chapter.
(6)
Species of plants in visual screens. Trees and shrubs needed
to form a required visual screen shall be of the following or closely
related species, unless the applicant proves to the satisfaction of
the Planning Commission, Borough Council or Zoning Officer that a
substitution would be appropriate. A required visual screen shall
primarily include evergreen plants. Leafy deciduous plants may be
selectively used, provided that their use does not result in significant
visual openings during the winter. If more than 25 plants are needed
to form a visual screen, then a maximum of 75% of such plants shall
be of one species.
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Buxus - all varieties of Boxwood
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Caragana arborescens - Siberian Pea Shrub
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Cephalanthus Occidentalis - Button Bush
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Chaenomeles Japonica - Flowering Quince
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Cornus - all varieties of Dogwood
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Cotoneaster divaricata - Spreading or Upright Cotoneaster
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Crataegus crus gafli - Cockspur Hawthorn
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Crataegua phanenopyum - Washington Hawthorn
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Elaeagnus angustifolia - Russian Olive
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Eucalyptus - all varieties of Eucalyptus
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Euonymus - all varieties of Euonymus
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Forsythia spectablilis - Showy Forsythia
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Hamamelis - all varieties of Witch Hazel
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Hydrangea arbrescens - Hills of Snow Hydrangea
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Ilex - all varieties of Holly
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Juniperus - all varieties of Junipers
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Kolkwitzia amabilis - Beauty Bush
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Laurus mobilis - Sweet-Bay
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Ligustrum - all varieties of Privet
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Lonicera - all varieties of Honeysuckle
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Magnolia stellata - Star Magnolia
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Picea - all varieties of Spruces
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Pinus - all varieties of Pines
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Photinia - all varieties of Photinia
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Pseudotsuga - all varieties of Firs
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Pyracantha laiandei - Laland Firethorn
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Rhamnus davurica - Dahurian Buckthorn
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Rhamnus frangula - Glossy or Alter Buckthorn
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Spirea - all varieties of Spirea
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Syringa - all varieties of Lilac
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Taxus - all varieties of Yews (avoid near livestock)
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Thuja occidentalis - American Arborvitae
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Thuga origentalis - Oriental Arborvitae
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Tsuga - all varieties of Hemlocks
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Viburnum - all varieties of Viburnum
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A.
Ground cover. Any part of a commercial, industrial, institutional
or garden apartment lot which is not used for structures, loading
areas, parking spaces and aisles, sidewalks and designated storage
areas shall be provided with an all-season, well-maintained vegetative
ground cover, and shall be landscaped with trees and shrubs.
A.
A temporary permit may be issued by the Zoning Officer for any of
the following:
(1)
Any temporary use that meets the requirements of this Zoning
chapter.
(2)
Customary, routine and accessory short-term special events,
provided that:
(a)
Only a well-established nonprofit organization or a lawful place
of worship proposing a temporary use to clearly primarily serve a
charitable, public service or religious purpose shall be eligible
to receive approval for a commercial use in a district where that
use is not permitted; and
(b)
The Zoning Officer shall establish a reasonable limit on the
duration of the use.
(4)
The temporary erection of a tent or similar temporary structure
that is not totally enclosed for a maximum of 14 days in any four-month
period for clearly routine customarily accessory uses such as the
following: a wedding in the rear yard of a dwelling, a festival by
a place of worship or a special sale within the lot of a lawful commercial
use.
B.
Removal. Prior to the issuance of a permit for a temporary use or
structure, the Zoning Officer may require an applicant to present
a statement from the owner of record of the land recognizing the application
and accepting responsibility to ensure that the use or structure is
removed once the permit expires. Any temporary structure or use shall
be removed completely upon expiration of the permit without cost to
the Borough. If the structure or use is not removed in a timely fashion
after proper notification, the Borough may remove the use or structure
at the cost of the person who owns the land upon which the structure
or use is located.
Any proposed development, construction, erection or placement
of one or more new principal nonresidential building(s), other than
solely for an agricultural use, shall be required to submit a plan
meeting the requirements for a preliminary plan and to meet all of
the design standards and improvement specifications stated in the
Borough Subdivision and Land Development Ordinance, except for submission
requirements specifically waived in advance by the Borough Engineer
or Zoning Officer as being inapplicable to the proposal.
Any driveway intended to provide access from a new principal
building to a public street shall be completed and stabilized prior
to issuance of a building permit for such principal building. It is
the intent of the Borough to reinspect each driveway approximately
two years after issuance of a permit to ensure that the driveway was
constructed according to approved plans.
