The following regulations shall qualify or supplement the district
regulations appearing elsewhere in this chapter.
A.
Agriculture, animals and poultry. Unless otherwise controlled by
municipal ordinance or regulation, operations involving the use of
buildings and land for farming, gardening, nurseries, greenhouses,
riding academies, livery or boarding stable, dog kennels, and animal
hospitals shall be permitted in any districts, subject to the following
safeguards and regulations:
(1)
Storage of manure or odor or dust-producing substance shall not be
permitted within 200 feet of any lot line.
(2)
Greenhouse heating plant shall not be operated within 100 feet of
any lot line.
(3)
Buildings in which animals or poultry are kept shall not hereafter
be erected within 200 feet of any lot line; with the exception of
a veterinary establishment solely limited to facilities necessary
to the temporary treatment of sick or otherwise ailing pets normally
permitted within the house and yard and to include dogs, cats, canaries,
parakeets and similar household pets; such veterinary establishment
may be erected as close as 50 feet to any lot line.
(4)
The selling of products raised, bred or grown on the premises shall
be permitted, provided that all stands or shelters used for such sales
shall be removed during that period when not in use for the display
of or sale of products.
B.
Club, lodges, and fraternal organizations. In districts where permitted,
these and similar uses are restricted to those not conducted primarily
for gain, although a dining room may be operated for the benefit of
club members, provided that no sign advertising the sale of food or
beverages will be permitted. Buildings or structures hereafter converted
or erected for such use are subject to all applicable regulations
for the district in which the facility is to be located.
C.
Conversion apartments. As a special exception, any building existing
at the effective date of this chapter may be converted to a dwelling
for more than one family, providing that:
(1)
The lot area per family shall conform to the regulations for the
district in which located.
(2)
There is no exterior evidence of change in the building except as
required by building or housing codes.
(3)
Fire escapes, where required, shall be in the rear of the building
and shall not be located on any wall facing a street.
(5)
The plans for the conversion of said building shall be submitted
to the Board of Adjustment for review and approval.
D.
Dumps and dumping. Dumps and dumping of all kinds, including garbage,
refuse, trash and sanitary landfills, are prohibited.
E.
Dwelling groups. As a special exception, a dwelling group may be
erected, altered, changed, and used in any district permitting residential
uses, provided that:
(1)
Each dwelling in the group shall comply with the use, height, area,
width, yard, and coverage regulations of the district in which it
is located.
(2)
The appropriate use of the property adjacent to the dwelling groups
will be safeguarded.
(3)
All buildings within the development will be served with adequate
sanitary sewage disposal and public water supply.
(4)
All buildings within the development shall be provided with adequate
vehicular access.
(6)
The plan of proposed development shall be submitted to the Board
of Adjustment for review and approval.
F.
Manufacturing permit. In order that the Zoning Officer may have a
reasonable basis upon which to approve a proposed industrial operation
for conformity to the requirements of this chapter, the following
data shall be submitted with an application for a permit:
(1)
Plot plan.
(2)
Architectural plan.
(3)
Description of operation.
(4)
Engineering and architectural plans for water supply and sewage disposal.
(5)
Plans for prevention or control of noise, vibration, glare, fire
hazards, air pollution, water pollution, and traffic.
(6)
Proposed fuel.
(7)
Number of shifts and maximum employment per shift.
(8)
Additional pertinent data as may be required by the Zoning Officer.
G.
Deep mining, strip mining, and other natural production operation.
(1)
Deep mining and coal stripping shall be permitted as a variance to
this chapter only upon authorization of the Borough Council, as a
result of a public hearing thereon by the Borough Council, duly advertised
as provided by law, and requested by the owner of the land under question.
(2)
Other natural production uses. There may be permitted, upon approval
by the Board of Adjustment, the excavation and sale of sand, gravel,
clay, shale or other natural mineral deposits, or the quarrying of
any kind of rock formations.
(3)
Deep mining portals and ventilating shafts.
(a)
The low area for a mining portal shall be not less than five acres, plus such additional area as needed for employee parking, in accordance Article VI.
(b)
Every ventilating shaft, including all structures intended to
supply air or power to underground coal mines, shall be constructed
and landscaped in a manner appropriate to the district in which it
is located. The lot area for ventilating shaft shall be not less than
two acres, and such ventilating shaft shall not be located within
100 feet of any property line. Open areas shall be covered with a
vegetative material and properly maintained. Suitable baffles shall
be utilized to protect the adjacent properties from the noise level
of exhaust fans. If any doubt exists as to the suitability of any
such installation, the Zoning Officer shall refer the matter to the
Board of Adjustment for approval.
(4)
Surface stripping controls. Upon approval and issuance of a permit
for any natural production surface stripping operation, the following
controls shall be strictly enforced and adhered to:
(a)
No top of a slope or quarry wall shall be nearer than 100 feet
to any property line or street line.
(b)
No rock crusher, cement plant or other crushing, grinding, polishing
or cutting machinery or other physical or chemical process for treating
such products shall be permitted in residence districts, and when
in other districts, such operations shall be subject to such conditions
and safeguards as deemed necessary by the Board of Adjustment.
(c)
The designated stripper shall begin operations within a sixty-day
period of the date of issuance of the permit, or the permit shall
be revoked at the expiration of said period.
(d)
The designated stripper shall complete operations within a designated period of time to be determined by the Borough Council, upon due consideration as to the extent of the permitted operation. Upon expiration of the period of time as set herein, the stripper must cease operations and commence backfilling and scar removal as hereinafter provided. The stripper may present to the Borough Council a request for an extension of time, setting forth his reasons for such a request; the Borough Council may grant an extension of time, provided, in their opinion, the stripper was held back in his operation through unforeseen circumstances deemed to be no fault of his own. However, should an extension of time be refused by the Borough Council, then the stripper must cease operations as hereinbefore stated. Failure of the stripper to cease operations shall constitute a violation of this Article IV, and each and every day that he continues operation after said expiration shall constitute a separate offense punishable by a fine of $100 per day.
(e)
Prior to the stripping operation, the designated stripper shall
deposit a bond issued by a reputable bonding company in the amount
of $1,000 for each and every acre of ground proposed to be stripped
during the first twelve-month period, starting with the issuance date
of the stripping permit. Said bond may be continued and be used for
additional acreage to be stripped during the next and succeeding periods
of time, provided that all backfilling be completed for the area bonded
before a transfer or continuation of bond be permitted. Said bond
shall be returned to the stripper upon completion of the backfilling
operation as hereinafter provided. Failure to complete backfilling
as required by this article shall be deemed just cause for forfeiture
of the bond and the backfilling shall be completed by the company
that issued the bonds in accordance with this article.
(f)
Backfilling. The operation of backfilling after all surface
excavation is completed shall be done so as to achieve the following:
[1]
Recreate the original contour as nearly as possible so that
no visible difference in grade will be apparent between the backfilled
area and the adjoining land.
[2]
The entire area disturbed by the stripping and backfilling operation
shall be planted in such a manner as to control soil erosion. This
planting shall be in accordance with the desires of the property owner
and subject to the approval of the Borough Council.
[3]
Backfilling operations shall commence within 10 days after the
expiration date of the permit for a stripping operation, and shall
be a continuous operation until completed. Final approval shall be
by the Borough Council.
H.
Motels. In districts where permitted, motels shall be subject to
the following safeguards and regulations:
(1)
No motel shall have a lot area less than one acre.
(2)
Motels shall utilize collective sewers connecting with an approved
sewage disposal system.
(3)
Front, side and rear yards of the motel shall be permanently landscaped
and maintained in good condition.
(4)
Cabins or parts thereof shall be placed no closer to any lot line
than 30 feet.
(5)
The space between cabins or units shall be not less than 20 feet,
and the space between the fronts or rears of cabins or units shall
be not less than 60 feet.
(6)
At least one parking space shall be provided on the premises for each accommodation. Off-street parking and loading spaces for other facilities developed on the motel premises shall be provided as required by Article VI.
(7)
Every cabin or unit shall be provided with running water and toilet
facilities for each accommodation.
(8)
With the application for a permit, a plan shall be submitted to the
Zoning Officer, showing the following:
I.
Borough buildings and uses. This chapter shall not apply to any building
of the Borough if the Borough Council shall, after a public hearing,
decide that such building or extension thereof or such use of any
premises is reasonably necessary for the convenience or welfare of
the public, provided that any Borough recreational building or use
may be established by the Borough at any location in the Borough without
holding such public hearing.
J.
Public utility buildings and uses. This chapter shall not apply to
any existing or proposed building or extension thereof, used or to
be used by a public utility corporation if, upon petition of such
corporation, the Pennsylvania Public Utility Commission shall, after
a public hearing, decide that the present or proposed situation of
the building in question is reasonably necessary for the convenience
or welfare of the public.
K.
Schools, hospitals, churches and other public buildings. In districts
where permitted, these uses shall meet the following requirements:
(1)
Lot coverage. Lot area covered by all buildings, including accessory
buildings, shall not be greater than 30% of the area of the lot.
(3)
Off-street parking. Parking shall be provided in accordance with the provisions of Article VI. Portions of the required front yard setback may be used for off-street parking when authorized as a special exception.
(4)
Service and access drives shall be at least 15 feet wide and not
over 25 feet wide and shall be permitted to cross required yard areas,
provided that the center line of the permitted drive shall not be
at a lesser angle to the street line than 60°.
L.
Swimming pools, private. Private swimming pools shall be a permitted
accessory use in any district and 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 the principal use of the property on which it is
located.
(2)
It may not be located, including any walks or paved areas or necessary
structures adjacent thereto, closer than 20 feet to any property line
of the property on which located.
(3)
The swimming pool, or the entire property on which it is located,
shall be so walled or fenced so as to prevent uncontrolled access
by children from the street or from adjacent properties. Said fence
or wall to be not less than four feet in height and maintained in
good condition.
M.
Trailers.
(1)
Trailers used to provide living quarters shall not be permitted in
any district except when parked or stored in an approved trailer camp,
or when authorized as a special exception, and when so authorized
shall be subject to the following:
(a)
A temporary permit shall be required, and said permit, if issued,
shall indicate the period of time for which the exception was granted,
and further, that the temporary permit shall not be issued for any
period exceeding 90 days.
(2)
Trailers used as an accessory building during construction of a principal
building on the same lot shall be permitted in any district for a
period of one year subject to the issuance of a temporary permit by
the Zoning Officer.
(a)
Any person, firm, or corporation holding a legal temporary permit
may apply for an extension of time, not to exceed 90 days. Such application
shall set forth the reason necessitating the extension.
(b)
The Zoning Board of Adjustment shall grant an extension of the
temporary permit time limit if, in its opinion, the person, firm or
corporation encountered unforeseen circumstances deemed to be no fault
of their own in carrying out the operations for which the original
temporary permit was issued.
(3)
Trailers used by a lot owner to provide temporary living quarters
during the construction of a residence for himself on the same lot
will be permitted in residence districts for a period of one year
subject to the issuance of a temporary permit by the Zoning Officer.
N.
Trailer camps. Trailer camps are permitted in any district when authorized
as a variance to this chapter, subject to a public hearing thereon
by the Zoning Board of Adjustment and the Borough Council, duly advertised
as provided by law. If said trailer camp is so authorized, it shall
further be subject to the following safeguards and regulations:
(1)
The driveways, exits, entrances, and walks shall be lighted and paved
in accordance with Borough standards. One-way traffic driveways shall
be not less than 12 feet wide, and two-way traffic driveways shall
not be less than 22 feet wide.
(2)
An area of not less than 2,000 square feet shall be provided for
each trailer coach.
(3)
The minimum width of each trailer space shall be 40 feet.
(4)
The minimum depth of each trailer space shall be not less than 50
feet or 30% longer than the length of the trailer, whichever requirement
is the greater.
(5)
Each trailer coach shall be located not less than 20 feet from any
building or other trailer and not less than 20 feet from the lot line
bounding adjacent property.
(6)
Separate provision shall be made for the parking of two vehicles
at a location removed from the trailer space. There shall be one such
off-street parking space not less than 10 feet wide and 20 feet long
for each trailer space in the camps.
(7)
In addition to the off-street parking required in Subsection N(6) above, there shall be additional off-street parking spaces required equal to one-half the number of trailer spaces provided in the trailer camp.
(8)
The plan of any proposed trailer camp development shall be presented
to the Zoning Board of Adjustment for approval before any trailer
shall be permitted on the site.
(9)
Sewers. Each trailer camp shall be provided with sewage disposal
facilities. The proposed provisions for sewerage shall be presented
to the Zoning Board of Adjustment for approval before any trailer
shall be permitted on the site. Approval shall be given only when
a collective type sewerage facility is to be provided.
O.
No auto service station or tavern shall hereafter be located closer
than 250 feet to any lot line of a school, hospital, church, or public
institution for human care. (See also additional controls set forth
in district regulations).
As provided herein, a building may be erected, altered or used
for any trade, industry or business that is not obnoxious or offensive
by reason of odor, dust, smoke, gas, vibration, illumination or noise
or otherwise creates a nuisance or hazard to public health, safety,
and welfare. In addition to uses that may be prohibited by reason
of the above, the following uses are specifically prohibited:
A.
The incineration, reduction, or storage of garbage, offal, animals,
fish or refuse, unless by the authority of or under the supervision
of the Borough.
B.
The tanning or storage of rawhides or skins and fat rendering.
C.
The manufacture of gunpowder, fireworks, liquid gas, or other explosives
excepting as may be a by-product of other manufacturing operations.
D.
Slaughterhouses, stockyards and fertilizer plants.
A.
A certificate of nonconformance may be issued by the Zoning Board
of Adjustment of all structures in conflict with the use designated
for the zone in which they are situated.
B.
Continuation. 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.
C.
Extension.
(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.
(2)
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 and does not violate
the yard requirements of the zone in which the nonconforming use exists.
D.
Changes. A nonconforming use of a building or land may be changed
to a substantially similar use or any use in a more restricted classification.
[Amended 1985]
E.
Restoration. A nonconforming structure that has been damaged or destroyed
by fire, windstorm, lightning or a similar cause deemed to be no fault
of the owner may be rebuilt, provided that the owner applies for and
receives authorization for such rebuilding from the Zoning Board of
Adjustment, subject to the following:
(1)
If the damage is less than 75% of the real value prior to destruction, rebuilding may take place upon the original foundation; however, if any expansion is proposed and approved, the rebuilding shall be controlled by all setback and open space requirements for the district in which it is located and, when applicable, parking and loading requirements as set forth in Article VI.
(2)
If the damage is greater than 75% of the real value prior to destruction, rebuilding shall conform with all the setback and space requirements for the district in which it is located and, when applicable, parking and loading requirements as set forth in Article VI.
(3)
No rebuilding shall be undertaken as provided herein until plans
and specifications for rebuilding have been presented and approved
by the Zoning Board of Adjustment.
F.
Abandonment. If a nonconforming use of a building or land ceases
for a period of two years or more for nonconforming commercial and
industrial uses, and three years or more for nonconforming residential
uses, subsequent use of such building or land shall be in conformity
with the provisions of this chapter.
G.
Building permits for nonconforming uses. 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 foundations 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.
Whenever in any district established under this chapter a use
is neither specifically permitted or denied and an application is
made by a property owner to the Zoning Officer for such use, the Zoning
Officer shall refer the application to the Board of Adjustment, which
shall have the authority to permit the use or deny the use. The use
may be permitted if it is similar to and compatible with permitted
uses in the district and in no way is in conflict with the general
purpose and intent of this chapter.
A.
The height of any building may exceed the maximum permitted height
by one foot for each additional foot by which the width of each yard
exceeds the minimum yard regulation for the district in which the
building is located.
B.
Height regulations shall not apply to spires, belfries, cupolas,
penthouses, or domes not used for human occupancy, nor to chimneys,
ventilators, skylights, water tanks, bulkheads, utility poles or towers,
silos, and ornamental or necessary mechanical appurtenances.
C.
For all residential uses, accessory buildings shall not exceed 14
feet in height.
D.
No structure shall be hereafter erected less than one story in height.
A.
The minimum habitable floor area of a single family detached dwelling
hereafter erected shall be 500 square feet, and shall include only
the living room, dining room, kitchen and one bedroom. Bathrooms,
closets, bedrooms in excess of one, utility rooms, basements, attics,
hallways, stairways and unheated areas shall be floor area in excess
of the 500 square feet required.
B.
In the case of apartment houses, the minimum habitable floor area
shall be not less than 300 square feet per apartment, except those
apartments designed for and occupied exclusively by one person shall
contain not less than 150 square feet of habitable floor area, provided
that these figures do not include hallways, stairways, closets, utility
rooms, basement and unheated areas.
A.
In the case of a lot held in single and separate ownership at the
effective date of this chapter which does not fulfill the requirements
for the minimum area for the district in which it is located, a building
may be erected or altered thereon when authorized as a special exception.
B.
In the case of a lot held in single and separate ownership at the
effective date of this chapter, and/or in the case of new developments
which, because of unusual conditions of slope, depth or width, have
difficulty in providing the required open spaces of the district in
which they are located, the required open spaces may be decreased
when authorized as a special exception.
C.
No lot area shall be so reduced that the area of the lot or the dimensions
of the open spaces shall be smaller than herein prescribed.
D.
Access to lots. No dwelling shall hereafter be erected or altered
unless there is direct access to it through an open space on the same
lot. Such open space shall be at least 12 feet wide and shall extend
from the dwelling to a public street or highway, or to a private street
or highway having a cartway so constructed and maintained that vehicles
of all kinds may readily pass over it at all seasons of the year.
For the purpose of this section, all alleys shall not constitute a
public street or highway.
A.
Front yards.
(1)
Each lot shall have a front yard as required in the district in which
the lot is located, unless a greater front yard (setback) restriction
is or will be required by a major thoroughfares setback ordinance
or any other municipal ordinance.
(2)
On corner lots, each yard abutting a street shall have a width equal
to the depth of the front yard required in the district.
(a)
As a special exception requiring Board of Adjustment approval,
the required front yard on the long dimension may be reduced by an
amount not to exceed 30%.
(3)
When 40% or more of the frontage on one side of the street between
two intersecting streets is improved with buildings that have a front
yard in the district, no building shall project beyond the average
front yard so established; provided, however, that a front yard depth
shall not be required to exceed 50% in excess of the front yard otherwise
required in the district in which the lot is located.
B.
Structures in yard areas.
(1)
Rear dwelling. In a residence district, no building to the rear of
and on the same lot with a main building shall be erected or used
for residence purposes, except an accessory building for domestic
employees of the owners or tenants of the main building.
(2)
Accessory building. Accessory buildings shall not be constructed
within any front yard, side yard, or rear yard, unless authorized
by a special exception.
(3)
Projections. No principal building, and no part of a principal building,
shall be erected within or shall project into the front, side or rear
yard of a lot, except cornices, eaves and gutters. Steps and stoops
or chimneys are permitted to project into yard areas, provided that
the projection is not more than 18 inches.
(4)
Vision obstruction. No walk, fence, sign or other structure shall
be erected or altered and no hedge, tree, shrub or other growth shall
be maintained or permitted which may cause danger to traffic on a
street or public road by obscuring the view.
(5)
Fences and walls. No fence or wall (except a retaining wall or a
wall of a building permitted under the terms of this chapter) over
four feet in height shall be erected within any of the open spaces
required by this chapter unless that portion of the fence or wall
exceeding four feet in height shall contain openings therein equal
to 50% or more of the area of said portion of the fence or wall, provided
that the required openings shall be deemed to include any openings
that occur in that portion of the fence or wall that is within the
first four feet of height of the fence measured from the ground.
C.
Buffer yards required in addition to other open spaces in manufacturing
districts.
(1)
Where a manufacturing district abuts a residential district, a buffer
yard of not less than 30 feet shall be required.
(2)
Where a manufacturing district abuts a street that abuts a residential
district, a buffer yard of not less than 15 feet shall be required.
(3)
Where a manufacturing district abuts a stream, a buffer yard of not
less than 15 feet shall be required.
(4)
All of the foregoing buffer yards shall be planted and maintained
with vegetative material to include a row of trees not more than 40
feet on center.
(5)
Buffer yards other than interior side or rear buffer yards may be
crossed by access roads and service drives not more than 35 feet in
width, provided that the angle of the center line of the road or drive
crosses the lot line and buffer yard at not less than 60°.
Where a court is provided for the purpose of furnishing adequate
light and air, or where a court is otherwise provided, such court
shall conform to the following requirements:
A.
An open space in the form of an inner court or outer court shall
be provided, in connection with any building in any residence or business
district, wherever any room therein, in which a person or persons
live, work, sleep or congregate, cannot be adequately lighted and
ventilated from the street or yard. Such court shall be adjacent to
such room, the windows of which shall open in such court.
(1)
Outer court.
(a)
The width of any outer court upon which windows from a living
room, bedroom, or dining room open shall be not less than the height
of any opposing wall forming said court. The depth of an outer court
formed by walls on three sides shall be not greater than 1 1/2
times the width.
(b)
The width of any outer court shall be not less than two-thirds
the height of any opposing wall forming said court, and the depth
shall not be greater than 1 1/2 times the width.
(2)
Inner court.
(a)
The least dimensions of an inner court shall be not less than
the full height of the walls enclosing such court, but not less than
50 feet.
(b)
An open and unobstructed passageway shall be provided at the
grade level of each inner court. Such passageway shall have a cross-section
area and sufficient headroom to permit the passage of firefighting
equipment and shall be continuous from the inner court to a yard or
an unobstructed open area between buildings.
A.
In all districts, no permanent structure shall be permitted within
15 feet of any stream or existing natural drainage channel.
B.
If normal agricultural operations require a fence to cross a stream
or drainage channel, such fence shall be permitted only if it does
not restrict the natural flow of water.
