Borough of Trappe, PA General Provisions

Private garage; private parking space; shelter for pets, which shall not include horses or ponies; and storage sheds.

Private greenhouses.

Living quarters for household employees, caretakers or watchmen.

Professional office or studio of a doctor, dentist, healer, teacher, artist, architect, landscape architect, musician, lawyer, engineer, magistrate or practitioner of a similar character, provided that office, studio or rooms are located in a dwelling in which the practitioner resides, or in a building accessory thereto, and provided further that no goods are publicly displayed on the premises. Parking requirements shall conform to those requirements stated in the Parking Table.[1]

Editor's Note: The Parking Table is included as an attachment to this chapter.

The following home occupations shall be allowed: custom dressmaking, millinery, tailoring, sewing of fabric for custom apparel and custom home furnishings, foster family care, any office in which chattels or goods, wares or merchandise are not commercially created, exchanged or sold, tutoring, fine art studios in which are created only individual works of art, day nurseries, and barbershops and beauty parlors when situate in the dwelling of the operator and provided that the area used for barbershop or beauty parlor shall not exceed 250 square feet.

Attached accessory apartment. Attached accessory apartments are dwelling units attached to existing single-family detached dwelling units. (Refer to Article II, Terminology, for further details.)

Attached accessory apartment requirements.

(a)

Unit size. The attached accessory apartment shall meet the following size requirements:

Minimum size of unit.

Number of Bedrooms in Units	Gross Floor Area in Unit (square feet)
0 (efficiency)	400
1 (maximum allowed)	500

Maximum size of unit. The attached accessory apartment shall not exceed 35% of the gross floor area contained in the existing dwelling prior to conversion, or 650 square feet, whichever is less.

The attached accessory apartment shall contain no more than one bedroom and shall not contain a den or other extra room capable of being used as a bedroom (i.e., having a closet and a door separating the room from the remainder of the unit).

(b)

Location of attached accessory apartment.

The third floor or any floor above shall not be used for a separate dwelling unit but may be used for storage or sleeping rooms for a second-floor unit.

There shall be no attached accessory apartment located in a below-ground basement where the exterior grade is more than halfway up the height of the exterior wall, unless there is at least one exterior facade where the unit is at grade with the ground.

Attached accessory apartments may be located on second floors of attached garages, provided applicable codes (fire, building, electrical, etc.) are met.

(c)

Additions. Additions to an existing dwelling designed to allow the creation of an attached accessory apartment in that dwelling shall not be permitted, with these exceptions: small additions containing up to a maximum of 10% of the gross floor area of the existing dwelling may be permitted if the addition will facilitate the creation of an otherwise allowed attached accessory apartment in more logical manner, considering design, layout or safety factors; as an addition, the attached accessory apartment shall be placed on a permanent foundation; the apartment shall be constructed with an ingress and egress to the single-family dwelling so that when it is no longer used for a family member, it can become an integral part of the single-family dwelling.

(d)

Exterior alterations.

Alterations to the exterior of the existing dwelling, other than those to improve the maintenance and attractiveness of the dwelling, shall be minimized; after creation of the attached accessory apartment, the building shall maintain the usual appearance of a single-family detached dwelling and shall remain compatible with the character of the surrounding neighborhood.

The converted dwelling shall have no more than the existing number of entrances along the front of the building. All other entrances to either the principal or accessory dwelling units shall be located on the side or rear of the building.

No new unenclosed exterior stairways shall be allowed on the front of the converted building.

[4]

Necessary changes in the number or placement of windows to provide adequate light and air will be allowed, but shall be minimized; any changes which occur must done in a manner consistent with the architectural character of the dwelling.

(e)

Parking. A minimum of one all-weather off-street parking space, with unrestricted ingress and egress to the street, shall be provided for the attached accessory apartment, in addition to that required for the original dwelling unit.

(f)

Health and safety code requirements.

Both units in the converted dwelling shall conform to all requirements of the applicable building, health, fire and sanitary codes which regulate structural soundness, overcrowding, fire protection, sewage disposal and water supply.

If an on-site sewer or water system is to be used, the applicant shall submit evidence to the Borough Planning Commission and Council showing that the total number of occupants in the two units will not exceed the maximum capacities for which the original one-unit systems were designed, unless those systems are to be expanded, in which case the expansion approvals are to be submitted. Any connection to or addition to an existing on-site sewer system shall be subject to the review and approval of the Sewage Enforcement Officer.

(g)

Submission of plans. The applicant shall submit to the Borough Planning Commission and Council, prior to review by the Zoning Officer and the Building Inspector:

Sketch floor plan(s) showing the location, size and relationship of both the attached accessory apartment and the primary dwelling within the building;

Rough elevations showing the modification of any exterior building facade to which changes are proposed; and

A site dwelling sketch plan properly showing and locating the dwelling and other existing buildings; all property lines; any proposed addition (along with minimum building setback lines; the locations, sizes and extents of all underground utilities; and the lengths, widths and functions of all rights-of-way and easements potentially affecting that addition); the required parking spaces for both dwelling units; and any 100-year floodplain, 15% or greater slopes, or other natural man-made conditions which might affect these items. All plans and elevations shall be clear and concise and drawn to a scale of not less than one inch equals four feet for the floor plan(s) and elevation(s) and one inch equals 20 feet for the site development plan.

(h)

Certificate of occupancy. Prior to the issuance of a use and occupancy permit, a certificate in the form of an affidavit shall be presented to the Zoning Officer, Building Inspector, or other appropriate municipal official verifying that:

The occupant of the principal dwelling intends to and will reside in either the principal dwelling or the attached accessory apartment for as long as the dwelling unit exists on the property; and

The Borough will be notified when the apartment ceases to be used in this manner;

The apartment will not be used for a nonrelative; and

[4]

The apartment will be integrated into the single-family residence when it is not used as a single-family residence.

§ 340-178 Conversions.

The Zoning Hearing Board may allow as a special exception the conversion of any dwelling into a dwelling for a greater number of families, subject to the following requirements:

Each dwelling unit shall have not less than 800 square feet of floor area.

The yard and building area requirements for the district in which the building is located shall not be reduced.

The off-street parking requirements of this chapter or any other arrangements or requirements as deemed appropriate by the Zoning Hearing Board are met.

The Zoning Hearing Board may prescribe such further conditions and restrictions as may be appropriate under the circumstances, and as may be necessary and appropriate to carry out the purpose of this chapter.

Conversion shall be authorized only for dwellings with comparatively little economic usefulness as a conforming use; or for any other purposes and arrangements within the intent and purpose of this chapter which may be deemed appropriate by the Zoning Hearing Board.

§ 340-179 Projections into required yards.

No building and no part of a building shall be erected within or shall project into any required yard in any district, except that an attached deck, an enclosed porch, or an unenclosed porch may be erected to extend into a required front or rear yard a distance of not more than 12 feet, provided that in no case shall it extend into such front or rear yard more than 1/2 the required depth of the yard.

§ 340-180 Building permit expiration.

All buildings and uses, including changes and alterations thereof allowed by building permit, shall be started within one year of the issuance thereof. If work is not started as authorized in the building permit within one year of the date of issuance and carried forward with reasonable diligence to completion, the building permit shall become void and of no effect, provided that application may then be made for a new building permit as if the unused building permit had never been issued.

§ 340-181 Exclusionary zoning of uses that are obscene.

The following uses are hereby excluded in all districts and in all sections of the Borough of Trappe:

Any store that sells obscene literature, paraphernalia, motion pictures, drawings, photographs, figures, or images of an obscene nature or whatever;

Motion-picture theaters that exhibit or show obscene motion pictures or obscene figures or images.

"Obscene" defined. "Obscene," as used in this section, means that which to the average person, applying contemporary community standards, has as its dominant theme, taken as a whole, an appeal to the prurient interest; it is determined as obscene applying the following guidelines:

Whether the average person, applying contemporary community standards, would find that the subject matter taken as a whole, appeals to the prurient interest.

Whether the subject matter depicts or describes, in a patently offensive, way sexual conduct of a type hereinafter described; and

Whether the subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value. The types of sexual conduct referred to here include patently offensive representations or descriptions of ultimate sexual acts normal or perverted, actual or simulated, and patently offensive representations or descriptions of masturbation, excretory functions and lewd exhibitions of the genitals. "Community," for the purpose of applying the "contemporary community standards" herein, shall be considered to be local community standards.

Any building, structure, or property erected, altered, or used as a store selling books, pictures, photographs, paraphernalia, or similar items or motion-picture theater, indoor or outdoor, shall be authorized as a special exception only upon the finding by the Zoning Hearing Board that the excluded uses and conduct herein shall not be engaged in and the property and building shall not be used for the excluded purposes. In the proceeding before the Zoning Hearing Board, the burden shall be upon the applicant to establish that the excluded uses and conduct shall not be engaged in.

The provisions of this amendment are hereby declared to be severable from the provisions of this chapter, and if any of the provisions of this amendment to the chapter are found to be illegal or otherwise unconstitutional, the provisions shall be severable from all other provisions of the chapter and shall be declared of no effect and invalid as a matter of law to such degree and with such force as a court of competent jurisdiction shall so adjudicate.

§ 340-182 Satellite dish antennas and antennas or similar structures.

No permit or application fee shall be required for the construction and erection of a customary and usual TV antenna so long as it is attached in a customary manner to a primary structure, nor shall a permit or application fee be required for a satellite dish antenna or similar structure for communications purposes or telecommunications or similar reception so long as such receiving structure comports with the provisions of Subsection B hereof.

No permit or application fee shall be required for a satellite dish so long as it is attached in a customary manner to a structure so long as:

The satellite dish is attached to a structure; and

The satellite dish is attached in the least conspicuous manner that is reasonably practicable under the circumstances; and

The diameter of the satellite dish does not exceed 48 inches; and

There are no more than three satellite dishes attached to the structure.

Except as provided in Subsections A and B hereof, no satellite dish, antenna or similar structure shall be constructed in any area of the Borough until a zoning permit is obtained from the Zoning Officer. The Zoning Officer, upon payment of an application fee as shall be set by resolution of the Borough Council from time to time, shall grant such permit so long as the following conditions are met:

The use regulations with regard to setback lines, side yards, and rear yards are complied with as required by the applicable provisions concerning the zoning district in which the structure is to be erected, except as specified herein. In addition, the satellite dish antenna and/or antenna shall be set back from property lines a minimum of one foot for every one foot of height.

Placement of the structure shall not in any way interfere with lighting, aesthetics, environmental impact, transmission of television and/or radio signals to other properties, or otherwise interfere with the view of neighboring property owners or adversely affect the general character of the neighborhood aesthetically or in such a manner as to adversely affect property values.

No satellite dish antenna or antenna shall be placed on any building or structure except for TVRO antennas.

Satellite dish antennas shall not exceed 12 feet in diameter and shall not exceed 12 feet in height above the mean ground level as measured at the base of the structure. Microwave relay antennas shall not exceed four feet in diameter.

Antennas shall not exceed the height limitations of the applicable zoning district.

(6)

Satellite dish antennas, antennas and their accompanying support structures shall be neutral in color, and, to the extent possible, compatible with the appearance and character of the neighborhood.

(7)

No advertising shall be affixed to either type antennas or the supporting structure.

(8)

Only one satellite dish antenna shall be permitted per lot.

(9)

All installations shall be located to prevent obstruction of the antenna's reception window from potential permitted development on the adjoining properties.

(10)

All installations should include screening treatments located along the antenna's nonreception window axis and low-level ornamental landscape treatments along the reception window axis of the antenna's base so as to completely enclose the antenna when it is visible from adjoining or neighboring properties.

(11)

The applicant shall submit a drawing to the Zoning Officer designating where the satellite dish antenna, antenna or similar structure will be placed, the dimensions thereof, surrounding structures, including any and all structures of adjacent properties and other relevant data to show compliance with the aforementioned. The Zoning Officer shall, within 20 days, approve or deny the permit. If the Zoning Officer fails to act upon the application within 20 days, it shall be deemed a denial. In the event that the Zoning Officer denies the permit, the applicant shall have the right to seek a special exception before the Zoning Hearing Board, under the provisions of this chapter, and the applicant shall have the burden of proof to establish that he has met the aforesaid conditions and specifications.

Notwithstanding the aforesaid, no permit or application fee will be required for a satellite dish attached to a structure if the satellite dish is attached to a structure in such a manner that it is completely hidden by the structure itself, or the appurtenances thereto.

§ 340-183 Conditional use requirements.

Whenever an application for use is subject to conditional use requirements, the following shall be applicable:

Procedures. Plans for conditional use shall be submitted to the Borough Council in accordance with Chapter 295, Subdivision and Land Development, as well as applicable sections concerning said use under this chapter.

Standards and criteria for conditional use. In acting on a request for a conditional use, the Borough Council and Planning Commission shall consider the impact of the requested conditional use on the Borough and all facilities and systems as listed below. The applicant shall provide all of the information, data and studies needed to allow the Borough Council and Planning Commission to reach conclusive evaluations of the items listed below:

The compatibility of the proposed development with existing and proposed land uses adjacent to the site in terms of:

(a)

Use types.

(b)

Size, scale, bulk, general appearance and building materials.

(c)

The applicant shall submit architectural drawings for evaluation of the proposed principal buildings, including building elevations and colored renderings in comparison to photographs of existing buildings adjacent to the site.

Evidence that the proposed conditional use meets the minimum standards specified for the particular use in Article XVIII, Additional Requirements for Specific Uses, of this chapter.

The impact on the Borough transportation network and the ability of adjacent streets and intersections to efficiently and safely move the volume of traffic generated by the development.

Evidence that the Perkiomen Valley School District has been advised of the proposed development's estimate of new pupils.

The impact on the Borough's community facilities, including estimates of additional community facilities which will be needed to serve the proposed conditional use. Community facilities include but shall not be limited to sewage disposal facilities and systems, solid waste disposal facilities and systems, water supply facilities and systems, storm drainage systems and electrical utility facilities and systems.

(6)

The ability of the Borough to provide police and fire protection to the proposed conditional use.

(7)

The impact on the Borough's recreation facilities including estimates of additional facilities which will be needed to serve the conditional use.

(8)

A cost-revenue analysis which shall identify the net cost of the proposed development to the Borough. The net cost shall be the difference between the governmental expenditures required to serve the proposed conditional use and the revenues that it will generate. The cost analysis shall clearly identify whether a net gain or a net loss is anticipated and shall itemize the measurements used in the evaluation.

Findings.

The Borough Council shall consider the recommendations of the Borough Planning Commission before granting or denying tentative approval of a development plan.

The Borough Council shall by official communication to the applicant either:

(a)

Grant tentative approval of the plan as submitted;

(b)

Grant tentative approval subject to specified conditions and included in the plan as submitted; or

(c)

Deny tentative approval of the plan.

The Trappe Borough Council may further attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code,[1] which purposes by reference hereto is incorporated herein, as well as the purposes and objectives of this chapter.

Editor's Note: See 53 P.S. § 10101 et seq.

§ 340-184 Regulations applicable to special exception applications.

Where, under this chapter, a permitted use is authorized pursuant to the jurisdiction of the Zoning Hearing Board of the Borough of Trappe, the Zoning Hearing Board is empowered to grant permission for special exceptions, consistent with the public interest, in specifically considering the following standards, which standards must be met, where applicable, with the applicant having the burden of proof as follows:

That the proposal includes adequate site design methods, such as plant screening, tree preservations, setbacks and berming, as needed to avoid significant negative impact on nearby uses.

That full consideration to the size, scope, extent and character of the proposed use will be established by the applicant to assure that the request is consistent with the plan for future land use in the Borough of Trappe and consistent with the spirit, purpose and intent of this chapter.

That the character and type of development as proposed would not affect the character and type of development in the area surrounding the location for which the request is made and that the proposed use would be an appropriate use in the area and would not substantially injure or detract from the use of the surrounding property or the character of the neighborhood.

That the public interest or the need for the proposed use of change would not be adversely affected, and the public health, safety, morals and general welfare of the Borough would be protected.

That proposals to provide water service, sewage service and stormwater management are feasible and follow professionally sound methods. However, if such matters will be subject to professional review and approval under a separate Borough ordinance, then the zoning approval may defer to such other approval. The proposed change and use will be logical, efficient and economical of the extension of public services and facilities such as public water, sewers, police and fire protection and public schools.

That the use will not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards.

That the subdivision standards and requirements, where applicable, can be met.

That the use will not create, exacerbate, or add to any traffic problem or pose a safety issue directly or indirectly or add to traffic congestion. The proposed location of the use will not have adverse affects upon traffic, and there will be adequate access arrangements in order to protect the roadways within the Borough for undue congestion and hazard.

That the natural features and processes characterizing the proposed site and its surroundings shall not suffer degeneration, that the management of storm waste, provision of water or sewer service, and any other alterations to the sites predevelopment condition shall be consistent with the Borough's goals, practices and plans in those regards and that there will be no adverse environmental impact, and the demand for water and energy for the proposed use shall be minimized to the optimal extent.

The Zoning Hearing Board may impose such conditions, in addition to those required, as are necessary to assure the intent of this chapter is complied with, and which are reasonably necessary to safeguard the health, safety, morals, and general welfare of the residents of the Borough at large and the residents and owners of the property adjacent to the area in which the proposed use is to be conducted. The conditions are not limited to but may include the harmonious design of buildings, aesthetics, hours of operation, lighting, number of persons involved, noise, sanitation, safety, smoke and fume control, stormwater control, traffic control, ingress and egress provisions, open space and the minimizing of noxious, offensive or hazardous elements as well as such additional conditions to assure that the use meets the standards as set forth herein.

§ 340-185 Environmental and performance standards.

Lighting facilities:

Lighting fixtures shall meet the standard established in the latest edition of the Illuminating Engineering Society (IES) Handbook for full-cutoff design. No fixtures with exposed lamps or candlepower distribution above the level established in the IES handbook for full-cutoff design shall be permitted. This requirement applies to pole-mounted and wall-mounted luminaires.

Light fixtures shall not be located higher than 12 feet above grade.

Light fixtures shall not be located within parking lots unless they are installed within a raised, barrier island, a minimum of five feet wide.

Lighting plans shall be submitted to include a general layout of the site indicating parking and drive areas, locations of all lighting fixtures, either isofootcandle curve layouts or point-by-point level indication, catalog information for the fixture and pole used, mounting heights for fixtures, and a foundation detail for the pole. The calculation grid for shall extend to indicate that the illumination level does not exceed 0.5 horizontal footcandle on any adjoining lot that is residentially zoned or contains a residential use.

Flashing, flickering or strobe lighting are prohibited, except for seasonal holiday lights between October 25th and January 10th.

(6)

This section shall not apply to streetlighting owned, financed or maintained by the Borough, state or public utility.

Trash and refuse areas. Trash and refuse shall be stored inside the building or within an opaque screened area which shall be at least six feet high, as needed, to screen the trash. This screened area shall be put in the rear or side yard.

Outdoor storage and waste disposal.

No flammable or explosive liquids, solids or gases shall be stored in bulk above ground unless such storage shall be approved by the Pennsylvania Department of Labor and Industry or other state agency having jurisdiction; provided, however, that tanks or drums of fuel directly connecting with energy devices, heating devices or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision.

All outdoor storage facilities for fuel, raw materials and products and all fuel and all raw materials and products stored outdoors shall be enclosed by a fence adequate to conceal the facilities from any adjacent properties.

No materials or wastes shall be deposited upon a lot in such form or manner that may be transmitted off the lot by natural causes or forces.

All material or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.

Electric, diesel, gas or other power. Every use requiring power shall be operated that the service lines, substation, etc., shall conform to the most acceptable safety requirements recognized by the Pennsylvania Department of Labor and Industry, shall be so constructed, installed, etc., to be an integral part of the architectural features of the plant, or if visible from abutting residential properties, shall be concealed by coniferous planting.

Industrial waste or sewage. No use shall be conducted in such a way as to discharge any treated or untreated sewage or industrial waste treatment and disposal except as shall be approved by Sanitary Engineers or other qualified persons employed by the Borough at the expense of the owner of the premises.

Smoke control.

No smoke shall be emitted from any chimney or other source a visible grey greater than No. 1 on the Ringelmann Smoke Chart as published by the U.S. Bureau of Mines.

Smoke of a shade not darker than No. 2 on the Ringelmann Chart may be emitted for not more than four minutes in any 30 minutes.

These provisions applicable to visible grey smoke shall also apply to visible smoke of a different color, but with an equivalent apparent opacity.

Control of dust and dirt, fly ash and fumes, vapors and gases.

No emission shall be made which can cause any damage to health, or to animals or vegetation or other forms of property, or which can cause any excessive soiling at any point.

No emission of liquid or solid particles from any chimney or otherwise shall exceed 0.3 grains per cubic foot of the covering gas at any point.