Accessory structures, which are attached to a principal structure, shall be considered a part of the principal structure and shall comply with the same yard and lot requirements applicable to the principal structure.
A. 
Nonresidential. When the principal use or structure is nonresidential, an unattached accessory structure shall comply with the front yard setback requirements applicable to the principal structure or use for the zoning district in which it is located and shall not be less than 15 feet from any side yard lot line or rear yard lot line. An accessory structure to a principal use and/or structure which is classified as a special exception use shall not be subject to the standards and regulations under Article VI, Special Exceptions, of this chapter, excluding the proposed construction, establishment or use of a structure which equals or exceeds 750 square feet of gross floor area.
B. 
Residential. When the principal structure is residential, unattached accessory structures shall only be erected within the rear yard or side yard areas of the lot, subject to the following requirements:
(1) 
The maximum height shall not exceed 1 1/2 stories or 15 feet, whichever is the lesser.
(2) 
An accessory residential structure shall not be located less than three feet from a side lot line or the rear lot line. In cases where a side lot line or the rear lot line abuts a street, a minimum setback for an accessory structure shall be equal to the required front yard setback for the subject Zoning District in which it is located.
On a corner lot there shall be provided on each side thereof, adjacent to a street, a yard setback equal in depth to the required front yard setback of the prevailing zoning district in which the corner lot is located.
For residential lots, permitted accessory structures shall include noncommercial greenhouses, tool or lawn sheds, private garages or carports, private noncommercial swimming pools and noncommercial satellite antenna dishes.
A noncommercial satellite dish antenna, as so defined in this chapter, shall be deemed an accessory use, permitted by right in all zoning districts. Granting approval for the establishment and/or construction of a satellite dish antenna shall not restrict or imply to restrict the use or development of another zoning lot. The height of a noncommercial satellite dish antenna, including any supporting device, measured from ground level to its highest point of elevation, shall not exceed the height limitations applicable for the zoning district in which it is located. A noncommercial ham radio antenna shall also be governed by the above standards.
Swimming pools shall be located in either the rear yard or side yard of the property on which it is an accessory use. The swimming pool and any accessory structures thereto shall have a minimum setback of three feet from any rear or side yard lot line. All swimming pools capable of containing water to a depth, at any point, of 2 1/2 feet or greater, shall be enclosed in accordance with the following subsections:
A. 
In-ground pools. The pool area or the entire property on which the pool is located shall be enclosed with a permanent fence being four feet in height, which includes a gate secured with a lock. Shrubs, hedges or other vegetative cover shall not be considered to be a fence.
B. 
Aboveground pools. An aboveground pool shall be enclosed with a permanent fence not less than four feet in height which includes a gate secured with a lock in accordance with the above requirements of § 465-306A or, in lieu of a fence, a barrier not less than four feet in height. Said barrier may include the pool wall and any extension thereto which equals or exceeds a height of four feet. Access into a pool, which includes a deck, shall be secured by a gate with a lock. Pools without access from a deck shall include retractable steps or any similar device that prohibits uncontrolled access into the pool when not in use. Shrubbery, hedges or other vegetative cover shall not be considered as a barrier. Decks which are attached to the pool shall not project into any required yard setback for the pool.
If a zoning district boundary line divides a lot held in single and separate ownership prior to the effective date of this chapter, placing 85% or more of the lot area in a particular zoning district, the location of such district boundary line may be construed to include the remaining 15% or less of the lot so divided.
The following projections shall be permitted into required yards and shall not be considered in the determination of yard setback requirements or building coverage:
A. 
Terraces or patios, provided that such terraces or patios are located in the rear yard or side yard, are not under roof, without walls or other form of enclosure and are not closer than five feet to any adjacent lot line.
B. 
Projecting architectural features, such as bay windows, cornices, eaves, fireplaces, chimneys, window sills, or other similar architectural features, provided that any of the aforementioned features do not extend more than three feet into any required setback.
C. 
Porches and decks, provided such porches or decks are located in the rear yard or side yard, and that such does not exceed five feet in depth as extended from the structure.
D. 
Handicapped ramps may be constructed within two feet of any front, rear or side yard lot line within any zoning district.
In all zoning districts, any area of a structure already under roof can be fully enclosed and is exempt from meeting the front, side or rear yard requirement.
The height limitations of this chapter shall not apply to church spires, belfries, cupolas, domes, chimneys, flagpoles, water towers, skylights, silos, barns and other nonresidential farm buildings, or to any accessory mechanical appurtenances and/or equipment usually located above the roof level.
Every building or structure hereafter erected shall have access to or be located upon a lot adjacent to a public or private street.
A. 
Intersection of streets. On any corner lot, no visual obstruction, including but not limited to fences, shrubs, trees and berms, between 2 1/2 feet and eight feet in height, but excluding street signs, utility poles or traffic signs, shall be erected or maintained upon a property, within the triangle formed by the intersection of center lines of intersecting street right-of-way lines adjacent to the corner lot and a line projected between points on each of those adjacent center lines for a minimum distance of 35 feet from their intersection. The above height limitations shall be based upon measurements taken from the road's surface.
B. 
Private driveways. No visual obstruction between 2 1/2 feet and eight feet in height shall be erected or maintained within the triangle formed between the intersection of center lines of a street right-of-way line and a depth of 15 feet along the center line of the street right-of-way and a depth of 15 feet along the center line of a private driveway. The above height limitations shall be based upon measurements taken from the road's surface.
Any fence and/or wall shall be constructed or erected not less than six inches from any property line. The owner of the property on which the fence is installed shall be responsible for having accurate knowledge of the location of the property line.
A. 
Residential properties.
(1) 
Front yard. The maximum height of any fence or wall in a front yard shall not exceed four feet in height above the adjacent ground level.
(2) 
Side and rear yards. The maximum height of any fence or wall located in a side yard or rear yard shall not exceed eight feet in height.
(3) 
Materials. All fences shall be constructed with materials recognized by the fencing industry and designed to provide a permanent enclosure. No barbed wire or other potentially injurious material shall be contained upon the fence or as part of the material to construct the fence.
B. 
Nonresidential properties. Fences to be constructed within any commercial zoning district shall not exceed eight feet in height above the adjacent ground level. Fences to be constructed within any industrial zoning district shall not exceed 10 feet in height above the adjacent ground level.
C. 
Exemptions. The provisions of this section shall not be applied to prevent the construction of a chain link fence in excess of 10 feet in height, designed as an enclosure to a public park, a public playground or similar outdoor recreational facility or contractors' yards.
The provisions and regulations of this chapter shall not apply to any existing or proposed building or extension thereof, used or to be used by a public utility corporation deemed necessary for the convenience or welfare of the public in accordance with Section 619 of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
The provision of sewage service to any proposed use and/or development of property shall be consistent with the Borough's Act 537 Sewage Facility Plan.[1] Any use or development of property, which proposes to utilize on-lot sewage disposal, shall secure approval from the Borough's Sewage Enforcement Officer in accordance with the applicable governing standards of the Pennsylvania Department of Environmental Protection prior to the issuance of a zoning permit.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
Zoning approval for any proposed use and/or development of a property, which includes the construction and/or relocation of a driveway onto a State Legislative Route or a Borough-owned road, shall be conditioned upon the applicant securing a highway occupancy permit from the Pennsylvania Department Transportation or Lansford Borough, whichever is applicable.
A. 
In accordance with the requirements of the Pennsylvania Department of Environmental Protection, any proposed development having a cumulative land disturbance equal to or in excess of 5,000 square feet shall be required to prepare a soil erosion and sedimentation control plan in accordance with the most recent edition of the Department of Environmental Protection Erosion and Sedimentation Control Manual. The owner or developer of any property subject to this requirement shall submit the subject plan to the Carbon County Conservation District and a copy to the Borough. No zoning permit for development shall be issued until the Borough receives written notice of the Plan's approval from the Carbon County Conservation District.
B. 
For stormwater discharges from construction activities, for any proposed development that will disturb between one and up to five acres of land over the life of the project, and has a point source discharge to surface waters shall be required to secure a National Pollutant Discharge Elimination System Permit (NPDES) from the Carbon County Conservation District. No zoning permit for development shall be issued by the Borough until written notification is received from the Carbon County Conservation District verifying compliance in securing the NPDES Permit.
The placement and/or use of a mobile home shall be constructed and anchored to a permanent foundation.
Whenever, in any district established under this chapter, a use is neither specifically permitted nor denied and an application is made by a landowner to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Zoning Hearing Board to hear and decide such request as a special exception. The Board shall have the authority to permit the use or deny the use in accordance with the standards governing special exception applications. The use may be permitted if it is determined to be similar to and compatible with permitted uses in the district and in no way is in conflict with the general purposes and intent of this chapter. The burden of proof shall be upon the applicant to demonstrate that the proposed use would meet the standards and criteria for a special exception as contained in § 465-1510B of this chapter and would not be detrimental to the public health, safety and welfare and/or environmental features and characteristics of the site and/or surrounding areas.
In the event that any provisions within this chapter are found to be in conflict with another provision of this chapter, and/or any other ordinance, law, or regulation of the Borough, state or United States Government, the most restrictive shall apply.