Borough of Nazareth, PA SUPPLEMENTAL REGULATIONS

§ 27-501 General Regulations Applying to All Districts and Uses.

[Ord. 561, 6/6/1988; as amended by Ord. 594, 1/7/1991; by Ord. 667, 11/6/2000; and by Ord. 741, 2/5/2008]

Prohibited Uses. In addition to the requirements of Part 4, specifying permitted and special exception uses allowable in each district, the following uses are listed to further describe the nature, character and type of uses not included as a permitted use, and therefore prohibited in any district in the Borough.

Sky rides, ferris wheels, roller coasters, shooting galleries and similar recreation center devices, not including such devices associated with transient fairs, carnivals, circuses, or other similar traveling amusements.

Rendering plants for animal products.

Manufacture or storage of explosives or fireworks in violation of acts of State Legislature or local ordinances.

Junkyard.

Dumps.

Hazardous waste treatment, storage or disposal facilities.

Any trade, industry or use which is deemed to be noxious or offensive by reason of the omission of smoke, noise, gas, odor, dust, radiation or excessive light beyond the limits of its lot, so as to be dangerous or prejudicial to the public health, safety or general welfare.

Placement of Accessory Uses and Structures. The placement of a private garage, accessory parking area or other accessory structure, building or use, except fences, shall be subject to the following requirements:

No parking area or other accessory structure shall be constructed within five feet of any rear lot line, which does not abut a street. No parking area or other accessory structure shall be constructed within 15 feet of any rear lot line, which abuts a street.

Nothing contained herein shall prevent the construction of a private garage as a structural part of a main dwelling, provided that when so constructed, the exterior garage walls shall be regarded as the walls of the main dwelling in applying the front, rear and side yard regulations of this Chapter.

No accessory structure or unroofed parking area for five or more vehicles shall be located within a required front or side yard setback area within any district and no unroofed parking area for four or less vehicles shall be constructed within five feet to any front or side lot line within any district, except that in commercial and industrial districts unroofed parking areas are permissible in required front yards and in portions of side yards not otherwise required for a planting screen, provided that the parking area is of sufficient size for vehicle storage and maneuvering and provided that ingress and egress points are clearly established for the safe channelization of traffic to and from the adjacent streets.

Any access driveway for a parking area of four or less parking spaces may be located within a required yard. In residential districts, all access driveways for parking areas of five or more parking spaces shall be located at least five feet from any side or rear lot line.

Any accessory structures and uses shall be on the same lot with the main building or buildings, or on an immediately adjacent lot in the same ownership, or within the site limits approved by the Zoning Hearing Board.

Required accessory parking areas and truck loading spaces shall have safe and adequate access to a public street by a driveway on the same lot or by means of a permanent easement across an adjoining lot.

No required accessory parking area or off-street truck loading space shall be encroached upon by buildings, open storage, or any other use.

Accessory private garages may be constructed within or under any portion of a main building.

Height.

Nothing herein contained shall restrict the height of a church spire, cupola, dome, mast, belfry, clock tower, radio or transmission line, tower, flagpole, chimney flue, water tank, elevator or stair bulkhead, stage tower, scenery loft, smoke stack, silo, or similar structure. No such structure shall:

(1)

Have lot coverage at the base in excess of 10% of the lot area.

(2)

Be used for residency or tenancy purposes.

(3)

Have any advertising sign or device inscribed upon or attached to such structure.

No private garage or other accessory structures shall exceed 20 feet in height.

Yards.

Front Yard. The space in a required front yard shall be open and unobstructed except for an unroofed balcony or terrace projecting not more than eight feet, or steps giving access to a porch or first floor entry door.

All Yards. Every part of a required yard shall be open to the sky unobstructed by structures except for any access driveway, retaining walls and except for the ordinary projections of sills, belt courses, and for ornamental features projecting not in excess of six inches.

Open or Lattice Enclosed Fireproof Fire Escapes. When required for emergency access purposes, fire escapes may project into a required yard area by no more than four feet. The fire escape must be no closer than three feet to a property line. The ordinary projection of chimneys and pilasters shall be permitted when placed so as not to obstruct light and ventilation.

Front Yard Exemptions. The front yard requirements shall not apply to a lot where the buildings on the lots to both sides of the lot in question are nonconforming relative to the front yard setback requirements. In such cases, the front yard requirements shall be reduced to the setback of the adjoining building, which is lesser in degree of nonconformity.

Side Yard Exemptions. Side yard requirements in a General Commercial District shall not apply to a lot where the proposed building will include a party wall to an adjoining building whose existing boundary line coincides with the building line.

Through Lots. Where a lot extends through from street to another street with both streets having right-of-way in excess of 20 feet, the applicable front yard regulations shall apply on both street frontages.

Environmental Protection. All structures, buildings and uses shall comply with the provisions of the Borough's flood control regulations [Chapter 8], and any amendments or revisions thereto.

§ 27-502 Regulations Applying to Certain Uses and Districts.

[Ord. 561, 6/6/1988; as amended by Ord. 595, 10/7/1991; by Ord. 667, 11/6/2000; by Ord. 744, 7/7/2008; and by Ord. 829, 8/7/2017]

Private Garages or Private Parking Areas Accessory to Residences. A private garage or private parking area may be utilized only as an accessory to the main use, except that no more than two parking spaces in a private garage accessory to a single family detached or single family semi-detached dwelling may be rented to a person who isn’t a resident of the main building.

Private Garage Accessory to a Multi-Family Dwelling. A private garage accessory to a multi-family dwelling shall conform in exterior architectural style and treatment to the architecture of the main building, and shall be of similar materials.

Waiver of Yard and Lot Requirements for an Industrial Park. The interior lot and yard requirements for individual sites located in an industrial park may be waived when the overall development is based on an overall site plan. However, main buildings shall not be placed closer together than the height of the higher building; front yard requirements along public streets and rights-of-way shall be observed. Minimum lot and yard requirements may be waived for individual sites provided the average area of all sites in the industrial park is not less than the minimum area requirements of the district in which it is located, and no single lot shall be less than one-half the minimum requirement. Average areas shall be computed and based on the complete final plan.

Fences. Fences are exempt from front, side and rear yard setbacks established for other accessory structures. Fences shall not be constructed of materials such as barbed wire or have features such as spikes, which render the fence potentially dangerous. In the R-5, R-7 and R-10 districts, the maximum height of fences located in the side or rear yard areas shall be six feet. In the R-5, R-7 and R-10 districts, the maximum height of fences located in the front yard area shall be four feet.

Mobile Home Sitting. All mobile home placements shall occur in accord with the following provisions:

The area of the mobile home stand shall be improved to provide an adequate foundation for the placement of the mobile home.

The stand shall be constructed from material sufficient to adequately support the mobile home and to prevent abnormal settling or heaving under the weight of the home. The corners of the mobile home shall be anchored to prevent wind overturn and rocking with tie-downs such as concrete “dead men,” screw augers, arrowhead anchors, or other devices suitable to withstand a tension of at least 2,800 pounds.

After a mobile home has been anchored to the mobile home stand, the hitch which is employed for the transportation of the unit shall be removed if not of bolted construction, and there shall be a decorative skirt installed around the base of the unit.

Noncommercial Swimming Pool.

A noncommercial swimming pool which is designed to contain a water depth of 24 inches or more shall not be located, constructed or maintained on any lot or land area, except in conformity with the requirements of these regulations. A permit shall be required to locate, construct, or maintain a noncommercial swimming pool.

Such pool shall be located in a rear yard only.

Such pool shall not be located less than 15 feet from any lot line.

Such pool shall not occupy more than 25% of the rear yard area, including all private garages or other accessory buildings or structures.

If the water for such pool is supplied from a private water supply system, there shall be no cross connection with the public water supply system.

If the water for such pool is supplied from the public water supply system, the inlet shall be above the overflow level of said pool.

No permit shall be granted for the installation or construction of such swimming pool with a capacity of 10,000 gallons or greater unless the plans shall meet the minimum construction requirements of the Borough and unless the Borough Engineer, or a licensed professional engineer of the State of Pennsylvania has certified that the drainage of such pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities or with the public streets.

No loudspeaker or amplifying device shall be permitted which will project sound beyond the bounds of the property or lot where such pool is located.

No lighting or spot lighting shall be permitted which will shine directly beyond the bounds of the property or lot where such pool is located.

Home Occupations. Home occupations shall be allowed based upon compliance with the following criteria:

A home occupation shall occupy a space, which constitutes less than 25% of the floor area of the dwelling. The area of garages or other accessory buildings shall not be used for the computation of the floor area, although the home occupation may be located therein.

Outside Employees.

(1)

A maximum of two persons not residing at the dwelling may be employed if the home occupation is a professional occupation (an occupation, which involves specialized knowledge and intensive academic preparation, for instance, medical doctor or lawyer).

(2)

Only persons residing at the dwelling may be employed if the home occupation is not a professional occupation.

The exterior design of any structural alteration to the existing building made to accommodate a home occupation shall be similar to the existing building and compatible with an overall appearance that the principal use of the building is a residence.

Signs associated with the home occupation shall conform to the provisions of § 27-505.

The parking needs of the home occupation shall be met through the use of off-street parking areas according to the provisions of § 27-503.

The home occupation shall not create noise, vibration, glare, odors, fumes, or electrical interference beyond the bounds of the property to any extent greater or more frequent than ordinarily associated with a single-family dwelling.

All storage of materials associated with the home occupation shall be in enclosed buildings.

Mixed Uses. Any existing mixed use or previously approved special exception mixed use containing permitted principal uses within the appropriate zoning district may propose a change of use which shall be permitted provided the proposed use is a permitted principal use within the subject zoning district.

Academic Clinical Research Center.

Parking requirements will follow the table found in Part 5, § 27-503, of the Borough Zoning Ordinance, Off Street Parking requirements and/or as listed for research institutes or laboratories.

An academic clinical research center may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance, and other features required by the DoH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other motor vehicle.

All external lighting serving an academic clinical research center must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

10.

Medical Marijuana Grower/Processor.

A medical marijuana grower/processor must be legally registered in the Commonwealth and possess a current valid Medical Marijuana Permit from the DoH.

A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DoH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other motor vehicle.

The floor area of a medical marijuana grower/processor shall not exceed 20,000 square feet and shall include space for production, secure storage of marijuana seeds, related finished product, and marijuana related materials and equipment used in production and cultivation or for required laboratory testing.

There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where medical marijuana growing, processing or testing occurs.

Marijuana remnants and by-products shall be secured and properly disposed of in accordance with the DoH Policy and shall not be placed within any unsecured exterior refuse containers.

The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.

Grower/processors may not be located within 1,000 feet of the property line of a public, private, or parochial school or day-care center.

Parking requirements will follow the table found in Part 5, § 27-503, of the Borough Zoning ordinance, Off Street Parking requirements or as listed for manufacturing.

11.

Medical Marijuana Transport Vehicle Service.

All external lighting serving a medical marijuana transport vehicle service must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

If for some reason a medical marijuana product is to be temporarily stored at a medical transport vehicle service facility, the facility must be secured to the same level as a medical marijuana grower/processor and dispensary.

Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.

12.

Medical Marijuana Dispensary.

A medical marijuana dispensary must be legally registered in the Commonwealth and possess a current valid Medical Marijuana Permit from the DoH.

A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other motor vehicle.

A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.

Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.

Permitted hours of operation of a dispensary shall be no earlier than 8:00 a.m. to no later than 8:00 p.m. (of the same calendar day).

A medical marijuana dispensary shall be no greater than 3,000 gross square feet, of which no more than 500 square feet shall be used for secure storage of product, and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area.

A medical marijuana dispensary shall:

(1)

Have no drive-through service;

(2)

Not have outdoor seating areas;

(3)

Not have outdoor vending machines;

(4)

Prohibit the administering of, or the consumption of medical marijuana on the premises; and

(5)

Not offer delivery service.

A medical marijuana dispensary may dispense only medical marijuana to certified patients and caregivers and shall comply with all lawful, applicable health regulations.

A medical marijuana dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of the municipality in which it is located.

A medical marijuana dispensary shall be a minimum of 1,000 feet from the next nearest medical marijuana facility. This does not include complementing or supporting business covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of the municipality in which it is located. This separation distance does not apply to the distance between the grower/processor or academic clinical research centers and the specific dispensary they serve, or with which they partner.

Any medical marijuana facility lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private, or parochial school or a day-care center.

All external lighting serving a medical marijuana dispensary must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

Parking requirements will follow the table found in Part 5, § 27-503, of the Borough Zoning Ordinance, Off Street Parking requirements and/or as listed for personal service store or a retail store or a controlled substance paraphernalia establishment.

Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.

§ 27-503 Parking and Loading Requirements.

[Ord. 561, 6/6/1988; as amended by Ord. 594, 1/7/1991; by Ord. 741, 2/5/2008; by Ord. 744, 7/7/2008; by Ord. 763, 9/7/2010; and by Ord. 561, 6/6/1988; and by Ord. 856, 3/2/2020]

Off-Street Parking. Off-street parking spaces for the parking of automobiles shall be provided pursuant to the provisions of this Section.

The off-street parking and loading provisions of this Section shall apply as follows:

(1)

For all buildings and structures erected after the effective date of this Chapter, accessory parking and loading facilities shall be provided as required by this Section.

(2)

When the degree of non-conformity of the existing use of any building, structure or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity or other units of measurement specified herein for required parking and loading facilities, parking and loading facilities shall be provided for such increase in degree of non-conformity of use.

(3)

Whenever the existing use of a building, structure or lot shall hereafter be changed to a new use, parking and loading facilities shall be provided as required for such new use. However, if the existing use of a building, structure or lot was established prior to the effective date of the Official Borough Use Classification List, circa 1992, additional parking and loading facilities are mandatory only in the amount by which the requirements for the new use exceed those for the existing use as if the existing use were subject to the parking and loading provisions of this Chapter. Properties that were granted a variance for parking shall be required to provide additional parking and loading facilities in the amount by which the requirements for the new use exceed those for the variance previously granted.

(4)

Off-street parking is not required to be provided for permitted principal uses or previously approved special exception uses within the GC (General Commercial) District except for residential and/or mixed uses consisting of three or more dwelling units. Special exception uses not previously approved or residential and/or mixed uses consisting of three or more dwelling units are subject to off-street parking requirements.

The number of parking spaces established in the Official Borough Use Classification list will only be reduced by the action of the Zoning Hearing Board.

Each parking space, except parking spaces for the handicapped, shall contain a minimum area of 171 square feet and shall be a minimum of nine feet in width and 19 feet in length. Parking spaces for the handicapped shall contain a minimum area of 228 square feet and shall be a minimum of 12 feet in width and 19 feet in length. Areas of traffic movement such as parking lot aisles shall not be measured as part of a parking space.

Parking spaces shall be delineated through clearly marked or painted lines.

The minimum number of off-street parking spaces required shall be calculated on the basis of the following table:

Use	Requirement
Single family detached dwelling	2 spaces for each dwelling unit
Single-family semi-detached dwelling	2 spaces for each dwelling unit
Single family attached dwelling	2 spaces for each dwelling unit
Multi-family dwelling	2 spaces for each dwelling unit
Home occupation	1 space for every 100 square feet devoted to home occupation
Conversions-efficiency or 1 bedroom	1.5 spaces for each dwelling unit
Conversions--2 or more bedrooms	2 spaces for each dwelling unit
Parish house	2 spaces for each dwelling unit
Church or other place of worship	1 space for every 10 seats, (20" of bench space is one seat), plus 1 space for each full-time employee
Sunday school	2 spaces for each classroom school
Nursery, elementary, junior, high or middle
Senior high school	1 space for each classroom, plus 1 space for every 5 students
Commercial school	1 space for every 5 enrollees, plus 1 space for each full-time employee
Personal care homes	1 space for every 4 beds
Life care retirement facility	1 space for every 2 dwelling units, plus 1 space for each employee on the largest shift, plus 1 space for every 4 beds in the nursing home
Boarding house	1 space for each guest bedroom plus 2 spaces for the resident family
Library, art gallery, museum, community center	1 space for every 400 square feet of gross floor area
Building or facilities for governmental use	1 space for every 200 square feet of floor area
Theater, auditoriums, and similar places of public assembly	1 space for every 3 seats
Bowling alley	4 spaces for each lane
Membership clubs	1 space for every 6 persons of total membership
Game arcades	1 space for every 2 coin-operated amusement devices
Video game arcade	1 space for every 2 machines
Restaurant, standard	2 spaces for every 100 square feet of gross floor area
Carryout restaurant	4 spaces for every 100 square feet of floor space
Fast-food restaurant	1 space for every 3 seats, plus 1 space for every 2 full-time employees
Retail food store in residential building	1 space for every 250 square feet of floor area serving customers
Repair and personal services	1 space for every 100 square feet of floor area serving customers, and 1 space for every 2 full-time employees
Retail stores, adult bookstores	1 space for every 100 square feet of floor area serving customers and 1 space for every 2 full-time employees
Controlled substance paraphernalia customers establishment	1 space for every 100 square feet of floor area serving and 1 space for every 2 full-time employees
Drive-in bank	1 space for each employee
Medical and dental offices	7 spaces for each doctor or dentist
Funeral home	1 space for every 100 square feet of gross floor area
Hotel, motel	1 space for every rentable guest bedroom, plus 1 space for every 3 employees
Automobile sales	1 space for every 300 square feet of sales floor area and 1 space for each full-time employee
Motorized vehicle sales	3 spaces for every bay, plus 1 space for each full-time employee
Motorized vehicle repair shop	3 spaces for every bay, plus 1 space for each full-time employee
Bed and breakfast	1 space per 1 1/2 rental units
Bus station	5 spaces per loading/unloading stall for busses
Laundromat	1 space per 3 washing machines plus 1 for each employee
Adult day care center	1 space for each employee
Child day care center	1 space for each employee
Family day care center	1 space for each employee
Personal care home	1 space for every 3 beds, plus 1 space for each employee on the largest shift
Day care facility
Service station	3 spaces for every bay, plus 1 space for each full-time employee
Taxi station	1 space for each vehicle used in the business
Bus passenger station	1 space for every 100 square feet of floor area serving customers
Building materials sales	1 space for each employee on the largest shift plus 1 space for each vehicle used in the business
Offices, business offices and professional offices (excluding medical and dental offices).	1 space for every 350 square feet of gross floor area
Manufacturing, warehousing, wholesaling, transportation terminals, printing or publishing facility, dry-cleaning plant, laundry, research institute or laboratory, resource recovery plant, and mining, quarrying and earth extraction operation.	2 spaces for every 3 employees on the largest shift, plus 1 space for each company vehicle, plus 1 visitor space for every 10 managers.
Agriculture, horticulture, forestry	None

For those uses not specifically listed, the requirements of the most similar use listed in § 27-503, Subsection 1D, shall be applied.

Where the uses are mixed, the total requirements shall be the sum of the requirements of the component uses computed separately.

In all districts, when the required parking spaces result in the requirements of fractional spaces, any fraction less than 1/2 shall be disregarded and fractions of 1/2 or greater shall be construed as requiring a full space.

Parking Area Design Standards.

All lighting fixtures used to illuminate parking areas shall be arranged to prevent glare into adjoining properties.

The number of off-street parking spaces provided for an existing use may not be reduced below the minimum standards of this Chapter.

No parking area shall be designed so as to require vehicles to back out of the area directly onto a street with a right-of-way width more than 20 feet.

In parking areas for multi-family dwellings or single-family attached dwellings, the parking area design shall prevent through traffic between parking areas. For multi-family dwellings, a minimum of two access points shall be required per street fronted excepting streets with rights-of-way less than 20 feet wide. There shall be no limit as to the maximum number of access points along streets.

All off-street parking areas shall be graded and paved with a hard surface such as macadam or concrete. Provisions satisfactory to the Borough shall be made with regard to the management of storm water runoff.

Landscaping. All off-street parking areas, other than those for single-family residences, which are not contained in a garage, shall be landscaped according to the following standards:

(1)

If the parking area abuts a residential lot, screening to prevent the glare of headlights from shining on the residential lot shall be provided.

(2)

One shade tree shall be planted within or adjacent to the parking area for each 10 parking spaces provided.

(3)

The area between the parking area and a public street shall be landscaped with plantings at least 50% evergreen shrubbery and shall average at least one plant for every 10 feet of frontage.

Parking areas shall provide spaces reserved for the handicapped in accordance with relevant Federal requirements and standards.

Off-Street Truck Loading Spaces.

Every structure or lot put into commercial or industrial use after the effective date of this Chapter, which contains a total floor area of 5,000 square feet, or more shall be provided with off-street truck loading spaces in accordance with the following schedule:

Total Square Feet Devoted to Use	Required No. of Off-Street Truck Loading Spaces
5,000 to 25,000 square feet	1
25,001 to 40,000 square feet	2
40,001 to 100,000 square feet	3
Each additional 50,000 square feet	1 additional

Dimensions of Individual Truck Loading Space. The minimum width of each truck loading space shall be 12 feet. The minimum length of the truck loading space shall be 50 feet.

All truck loading spaces shall be designed so that maneuvering of trucks to reach the loading dock shall not preempt the use of required off-street parking space or intrude into the street right-of-way.

§ 27-504 Signs.

[Ord. 561, 6/6/1988; as amended by Ord. 594, 1/7/1991; by Ord. 595, 10/7/1991; by Ord. 633, 4/1/1996; by Ord. 694, 5/4/2004; and by Ord. 837, 11/5/2018]

Applicability of Sign Regulations.

All signs which can be seen off the premises on which they are located, unless they are listed below under § 27-505, Subsection 1C), shall comply with any applicable provisions of this Chapter, regardless of whether a permit is required or not. Signs, which cannot be seen off the premises on which they are located, need not comply and do not require a permit.

A zoning permit shall be required for all business identification signs, advertising signs, temporary signs, bulletin boards, and home occupation or professional office signs which will be seen off the premises on which they are located before erection or replacement. No permit shall be required for normal maintenance of existing signs.

No permit shall be required for, and the regulations of this Section shall not be applicable to, the following types of signs:

(1)

Signs not exceeding two square feet in area and bearing only property numbers, post office box numbers, names of occupants of premises, or other identification of premises not having commercial connotations.

(2)

No trespassing signs and other signs indicating the private nature of a road, driveway or premises, which do not exceed two square feet in area.

(3)

Flags and insignias of any government except when displayed in connection with commercial promotion.

(4)

Legal notices; identification, informational or directional signs erected or required by governmental bodies; official traffic signs and signals; other state, county, school district or municipal government signs.

(5)

Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.

(6)

Signs, not exceeding six square feet in area and bearing no advertising matter, which direct and guide traffic and parking on private property.

(7)

Signs, not exceeding two square feet in area and bearing no advertising matter, which give information on location of such things as rest rooms, telephones, offices or the functional subdivision of the premises.

Prohibited Signs. The following types of signs shall not be permitted or erected in any district, notwithstanding any other provision of this Chapter.

Signs which make use of words such as “stop,” “look,” “one-way,” “danger,” “yield,” or any similar words, phrases, symbols, lights or characters, in such manner as to interfere with, mislead, or confuse traffic.

Signs of which all or any part is in motion by any means, including fluttering, rotating, revolving or other moving devices. Units, which alternately display time and temperature, shall be permitted.

Surface Area Limitations, Number of Signs and Sign Setbacks.

Surface Area Limitations. The maximum surface area for each type of sign for which a permit is required shall not exceed the Schedule of Sign Regulations set forth in § 27-505, Subsection 3D. The maximum surface area shall also be subject to the following standards:

(1)

The total area of any flat-wall sign shall not exceed 20% of the area of the building face (including window and door-area cornices) to which it is attached, up to the maximum surface area stipulated for each district in the Schedule of Sign Regulations.

(2)

Permanent window signs shall be considered flat-wall signs and included in computations of the maximum surface area, but shall nevertheless not exceed 30% of the total window area on each street.

Number of Signs. The maximum number of signs allowed for each type of sign for which a permit is required shall be subject to the Schedule of Sign Regulations in § 27-505, Subsection 3D. For purposes of determining the number of signs permitted, a sign shall be considered to be a single entity organized, related and composed to form a unit. Where the organization, relationship, or composition of a number of elements is not readily discernible as a single sign, each element shall be considered to be a single sign.

Sign Setbacks. Signs for which a permit is required are subject to the setback requirements set forth in the Schedule of Sign Regulations in § 27-505, Subsection 3D.

Schedule of Sign Regulations. See following table.

Schedule of Sign Regulations
Business Identification
District		Flat Wall	Free-standing	Advertising	Temporary	Bulletin Bd.	Home Occup. Prof. Office
	Maximum Surface Area in Square Feet	10	X	X	6	20	3
R10	Maximum Number Per Property	1/Street Fronted	X	X	1	20	1
	Setback from Street	–	X	X	15 feet	15 feet*	15 feet*
	Maximum Surface Area in Square Feet	20	32	X	6	20	3
R7	Maximum Number Per Property	1/Street Fronted	1	X	1	1	1
	Setback from Street Right-of-Way	-	10 feet	X	10 feet	10 feet*	10 feet*
	Maximum Surface Area in Square Feet	40	32	X	6	20	3
R5	Maximum Number Per Property	2	1	X	1	1	1
	Setback from Street Right-of-Way	—	10 feet	X	10 feet	10 feet*	10 feet*
	Maximum Surface Area in Square Feet	150	80	X	32	20	3
GC	Maximum Number Per Property	2	1	X	1	1	1
	Setback from Street Right-of-Way	—	5 feet	X	5 feet	5 feet*	5 feet*
	Maximum Surface Area in Square Feet	150	80	672 per sec.	32	20	3
IC	Maximum Number Per Property	2	2	775	1	1	1
	Setback from Street Right-of-Way	—	15 feet	25 feet	15 feet	15 feet*	15 feet*
	Maximum Surface Area in Square Feet	150	100	X	32	X	X
EI	Maximum Number Per Property	1/Street Fronted	1/Street Fronted	X	1	X	X
	Setback from Street Right-of-Way	—	15 feet	X	15 feet	X	X
	Maximum Surface Area in Square Feet	150	100	672 per Sec.	32	X	X
LI	Maximum Number Per Property	2	1/Street Fronted	775	1	X	X
	Setback from Street Right-of-Way	—	15 feet	25 feet	15 feet	X	X

*If Freestanding

Surface Area Calculation. The size of any sign shall be completed by multiplying its greatest height by its greatest length, exclusive of supporting structures. In the case of signs that have no definable edges, such as raised letters attached to a building facade, the sign size shall be that area within a single continuous perimeter enclosing the extreme limits of the actual message or copy area. In computing the surface area of a multi-faced sign, only one side shall be considered, provided all faces are identical. If the interior angle formed by the two faces of a double-faced sign is greater than 45º, then both sides of such sign shall be considered in calculating the sign area. Structural members not bearing advertising matter or not in the form of a symbol shall not be included in the computation of surface area.

Sign Placement, Height, Clearance, Projections from Wall, and Illumination.

Sign Placement. Sign placement shall be subject to the following requirements:

(1)

No sign shall be so located or arranged that it interferes with traffic through glare, through blocking of reasonable sight lines for streets, sidewalks, or driveways, through confusion with a traffic control device (by reason of color, location, shape or other characteristics), or through other means.

(2)

No sign shall be erected, attached or displayed within 25 feet of the point of the intersection of the street right-of-way lines at a street corner, except for flat-wall signs.

Sign Height.

(1)

Free-standing signs shall not exceed 18 feet in height in any direction.

(2)

No flat wall sign shall be erected upon the roof of a building or extend above the height of the building.

Clearance. All wall signs, which project more than 10 inches from the building, shall have a minimum of 10 feet of clear space between the sign and the ground. This clear space shall not include any support structures for the sign.

Projections from Walls.

(1)

Flat wall signs shall not project more than four feet from the building.

(2)

Bulletin boards attached to a building wall shall not project more than 18 inches from the building.

(3)

Home occupations or professional office signs shall not project more than 12 inches from the building.

Illumination. All signs may be illuminated by shielded flood lights; provided, however, that no red or green lights shall be permitted within 75 feet of the point of intersection of the street right-of-way lines at a street corner. All light sources shall be properly diffused as needed and no lighting source shall spillover a property line in such a way as to create a nuisance to reasonable persons in adjacent properties.

Advertising Signs. There shall be a minimum distance of 100 feet between advertising signs. Advertising signs shall not be permitted within 100 feet of the R-5, E-7 and R-10 districts, unless the advertising surface of such sign is not visible there from, in which instance they shall be no closer than 50 feet to those districts. Advertising signs shall not be permitted within 50 feet of any residential use, no matter in which district it is located.

Temporary Signs. The following types of temporary signs shall be permitted.

Temporary signs which advertise the prospective or completed sale or rental of the premises upon which it is located are permitted, provided that it shall be maintained and removed within 10 days after the execution of a lease or an agreement of sale.

Temporary signs indicating the contractors, consultants, mechanics and artisans performing work or services on the premises, provided they shall be removed within 10 days after completion of the service or work and not more than one sign shall be placed on each street fronted by the site.

Temporary signs appertaining to campaigns, drives or events of political, civic, philanthropic, educational or religious organizations shall be removed within 21 days of the completion of the campaign, drive or event.

Signs for Specific Uses. Signs for the following uses shall be permitted according to the listed standards. These signs shall be allowed in addition to those set forth in § 27-505, Subsection 1.

In the case of a shopping center, office building, or similar structure with multiple commercial or business occupants on a lot held in single and separate ownership, the provisions of § 27-505, Subsection 3D, relating to the maximum number of maximum surface area signs permitted on a property shall not apply. Instead, each such store, office, or other business use on the property shall be permitted to have one sign per exposed exterior wall. The surface area of each sign shall not exceed 25% of the surface area of the exposed exterior wall up to a maximum of 200 square feet. No more than two free-standing signs indicating the name of the shopping center, office building or similar group of stores, offices or other business uses shall be permitted in conformance with other applicable provisions of this Chapter. Each store, office or other business use may have one business identification sign, not to exceed six square feet in area, located on the underside of walkway overhangs. All other provisions of this Chapter shall apply.

An entrance to an industrial or office park serving five or more tenants may have a single sign indicating the name of the park and listing each tenant and having a maximum area of 150 square feet.

One sign may be erected to identify a major subdivision, land development, or apartment complex, providing that such sign is located at a main entrance and has a maximum area of 50 square feet. In addition to permitted sign(s) at entrances from public streets a Life Care Retirement Center may also have a reasonable number of signs to direct traffic and pedestrians to facilities within the site. These signs shall have a maximum sign area of 20 square feet on each of two sides.

Billboards.

(1)

Billboards are permitted subject to the following regulations:

(a)

District. A billboard is only permitted in the Industrial Commercial (IC), Extractive Industry (EI) and Light Industry (LI) Zoning Districts on properties with frontage along PA Route 248.

(b)

Location. A billboard shall only be located within 100 linear feet of the existing right-of-way of PA Route 248 as identified by the Pennsylvania Department of Transportation. Placement of billboard shall not adversely impact the right-of-way of any other roadway nor be located within the ultimate right-of-way of any other roadway. Billboards may be located within the front, side or rear yard, provided that they are set back a minimum distance that equals the total height of the billboard.

(c)

Size. The Maximum surface area for a billboard shall be 150 square feet. A billboard may be double-sided provided that; (i) the sign faces are less than 18 inches apart and of equal height and (ii) that each sign face has a maximum sign area of 150 square feet inclusive of any border and trim. Extension, projections, and add-ons beyond the perimeter face of the sign are prohibited.

(d)

Illumination. Billboards may be illuminated in a manner such that no direct rays of light are visible elsewhere on the property on which the billboard is located. In addition, rays of light shall not be permitted to spill onto any adjacent roadway.

(e)

Spacing. A billboard shall not be located closer than 1,000 feet on the same side of the roadway or 1,000 feet on the opposite side of the roadway from another billboard, as measured along the right-of-way line. A billboard shall be located a minimum of 100 feet from an existing dwelling or 200 feet from a residential zoning district.

(f)

The maximum height of any billboard shall be 20 feet above the center line of the adjacent roadway. No part of any billboard shall extend less than 10 feet above the center line of the adjacent roadway.

(g)

A billboard shall be located, constructed and maintained in accordance with all applicable Pennsylvania Department of Transportation regulations.

(h)

An engineering certificate shall accompany any application for a billboard. The certification shall indicate under seal of a professional engineer licensed in the Commonwealth of Pennsylvania that the sign has been designed in accordance with acceptable engineering practices. All billboards shall be subject to the design and construction requirements of the Pennsylvania Uniform Construction Code.

(i)

Audio or pyrotechnics. Audio speakers and/or any form of pyrotechnics is prohibited.

(j)

Wood and beam frame structures are prohibited. All billboard structures shall be constructed of steel.

(k)

Billboard structures shall be located in accordance with all other regulations of Borough of Nazareth.

(2)

Billboard digital displays are permitted subject to the following regulations in addition to those contained in Subsection 7D(1) above:

(a)

Message Duration. Any portion of the message must have a minimum duration of eight seconds and must be a static display. Messages may change immediately. No portion of the message may flash, scroll, twirl, twinkle, oscillate, rotate, blink, change color, or in any manner imitate movement.

(b)

Default Mechanism. All signs must be equipped with a properly functioning default mechanism that causes the sign to go dark and return to a solid black display should a malfunction occur.

(c)

Brightness (Luminance). The illumination and/or intensity of the display shall be controlled so as to not create glare, hazards or nuisances. Such signs shall have a maximum nits level of 5,000 nits during daylight hours and a maximum of 200 nits in the evening, provided that the brightness of the digital billboard does not exceed 0.3 footcandle of light above the normal ambient light levels. Such signs shall be equipped with automatic dimming technology which automatically adjusts the sign's brightness based on ambient light conditions.

The billboard luminance specification shall be determined by a footcandle metering device held at a height of five feet and aimed towards the billboard from a distance of 175 feet.

The metering device should be at a location perpendicular to the billboard center (as seen in plain view) as this angle has the highest luminance.

This check shall include the measurement of an all-white image displayed by the billboard to evaluate the worst case condition.

If the difference in luminance between the billboard-on and the billboard-off conditions is 0.3 footcandle or less, then the billboard luminance is in compliance.

(d)

Spacing. Any billboard digital display shall be separated by a minimum of 2,500 feet from any other billboard digital display and shall be located a minimum of 500 feet from an existing dwelling or residential zoning district.

(e)

Applicants shall be required to coordinate/permit message access for local, regional, state and national emergency services during emergency situations. Emergency messages are not required to conform to message standards listed herein.

(3)

In the event there is conflict between the provisions of this section, § 27-504, Subsection 7D. Billboards., and any other Borough ordinance, including any other provision of § 27-504, the provisions of this section, § 27-504, Subsection 7D, Billboards, shall control.

§ 27-505 Nonconforming Uses and Structures.

[Ord. 561, 6/6/1988]

Unlawful Uses or Structures Not to be Construed as Nonconforming. An unlawful use or unlawful structure existing at the effective date of this Chapter shall not be deemed to be a nonconforming use or structure.

Continuation of Nonconforming Uses and Structures. Any lawful use or lawful structure at the effective date of this Chapter, or any amendments thereto, but which does not comply with the use regulations or dimensional regulations of the district in which it is situated after the effective date of this Chapter, or any amendment thereto, may be continued as a nonconforming use or a nonconforming structure subject to the provisions regulating nonconforming uses and structures as contained in this Section.

Change of Use. A nonconforming use may not be changed except to a conforming use. The use of a nonconforming structure may not be changed except to a conforming use, which does not increase the degree of nonconformity of the existing structure.

Expansion. A nonconforming use may not be enlarged or extended except as a result of the natural expansion of that use up to 50% of its existing floor area, providing that all proposed structures are in conformance with the provisions of this Chapter, and providing that no conforming use is displaced. A nonconforming structure may not be enlarged or extended unless such expansion is in conformance with the provisions of this Chapter and does not increase the degree of nonconformity of the existing structure.

Repairs and Maintenance. Only normal maintenance and repairs of a nonconforming structure or a structure containing a nonconforming use are permitted.

Reconstruction. If a structure containing a nonconforming use or a nonconforming structure is damaged by fire or other casualty, it may be reconstructed and used as before, provided that in the case of a nonconforming use, the floor area of such structure shall not exceed the floor area which existed prior to such damage and the reconstruction be completed within one year of the occurrence of the damage, and provided further that, in the case of a nonconforming structure, if the damage or destruction exceeds 75% of the market value of the property at the time of the occurrence of the damage, then any said reconstruction shall be such as to bring the structure into conformance with this Chapter.

Termination. A nonconforming use shall be deemed to have been terminated and shall not thereafter be reinstated:

When it is changed to a conforming use.

When it has been involuntarily discontinued for a period of 24 consecutive months.

When it has been voluntarily discontinued for a period of 12 consecutive months.

Registration of Nonconforming Uses and Structures. The Zoning Officer shall identify and register nonconforming uses and structures in the Borough. The failure by the Zoning Officer to identify and register a nonconforming use or structure shall not be construed as recognition that a use or structure is in conformance with this Chapter.

§ 27-506 Bed and Breakfast Special Conditions.

[Ord. 561, 6/6/1988; as added by Ord. 606, 10/5/1992]

Bed and Breakfast Homestead. The following requirements shall be met:

No more than three rooms may be offered for rent.

The bed and breakfast must be an existing structure and not a new structure or outbuilding.

The only meal to be served is breakfast and to lodgers of the bed and breakfast exclusively.

No exterior structural alteration of the building shall be made, except as may be necessary for purposes of sanitation or safety.

The maximum uninterrupted length of stay shall be 14 days.

The residence shall contain a minimum floor area of 3,000 square feet of habitable space as defined in the BOCA National Building Code.

There shall be a 15,000 square foot minimum lot size.

In addition to the requirements of § 27-503 of this Chapter for the principal use, off-street parking shall be provided on the subject property for a number of parking spaces equal to the number of rooms designated for rental use within the bed and breakfast homestead.

Off-street parking shall be separated from adjoining properties by live evergreen screening where deemed necessary and appropriate by the Zoning Officer.

Signs shall comply with § 27-505, Subsection 1C(1) of this chapter.

Bed and Breakfast Inn. The following requirements, shall be [met]:

At least four rooms, but not more than 10 rooms may be offered for rent.

The bed and breakfast must be an existing structure, but may include outbuildings or additions and alterations to the existing structure.

The only meal to be served is breakfast and to lodgers of the bed and breakfast exclusively.

The maximum uninterrupted length of stay shall be 30 days.

The dwelling shall contain a minimum floor area of 3,000 square feet of habitable space as defined in the BOCA National Building Code.

There shall be a minimum of 5,000 square feet lot size.

The principal use for off-street parking under § 27-503, Subsection 1D, shall be as a hotel or motel.

Off-street parking shall be separated from adjoining properties by live evergreen screening where deemed necessary and appropriate by the Zoning Officer.

Signs shall comply with § 27-505, Subsection 1C(1), of this Chapter.

§ 27-507 Minimum Area Requirements for Residential Dwelling Units.

[Ord. 818, 6/6/2016]

Living and Dining Space.

	Minimum Area (Square Feet)
Space	1-2 Occupants	3-5 Occupants	6 or more Occupants
Living Room	120	120	150
Dining Room	80	80	100

Bedroom Areas. Every bedroom shall contain a minimum of 70 square feet for a single occupant. Bedrooms occupied by more than one person shall contain a minimum of 50 square feet of additional floor area for each occupant thereof.