A.
The following regulations shall qualify or supplement
the district regulations appearing elsewhere in this chapter:
(1)
Adult day-care. Where permitted, or permitted as a
special exception, adult day-care facilities may be established subject
to the following conditions:
(a)
Lot area shall be determined on the basis of
building size, yard requirements, parking and access requirements,
water and wastewater requirements and other applicable standards of
this chapter.
(b)
A buffer yard and screen planting of no less than 10 feet in depth shall be established along rear and side lot lines in accordance with § 173-93.
(c)
Off-street parking shall be provided in accordance with Article XVI herein. Off-street parking facilities shall provide a minimum of two handicapped parking spaces or 5% of the required parking spaces, whichever is greater.
(d)
The facility shall be conducted and operated
in compliance with all Pennsylvania Department of Public Welfare licensing/registration
requirements and any other local, state or federal regulations.
(2)
Agricultural uses. All agricultural uses shall be
limited in the Borough to home gardening, unless otherwise allowed
under the general provisions such as greenhouses and nurseries.
(3)
Antennas, radio and television. Radio and television
antennas, including but not limited to satellite dish antennas, may
be installed, erected and maintained within all zoning districts of
the Borough, as set forth in this section in accordance with the BOCA
Code. All antennas shall be subject to the following:
(a)
Satellite dish antennas. Satellite dish antennas shall be permitted as accessory structures in accordance with the provisions of Subsection A(3)(b)[5] herein.
(b)
Other radio and television antennas. Other radio
and television antennas, subject to licensing and/or regulation by
the Federal Communications Commission, shall be permitted as accessory
structures, provided that:
[1]
Any freestanding antenna shall be located at
least 15 feet from any dwelling unit or principal structure on the
lot.
[2]
Antennas and associated structures which do
not exceed 30 feet in height shall be located at least 15 feet from
any property line. Antennas which exceed 30 feet in height shall provide
an additional one foot of clearance for every one foot of height in
excess of 30 feet.
[3]
Antennas or satellite dishes shall not be permitted
in any front yard. They must comply with the BOCA Code.
[4]
The antenna and associated structures shall
be securely anchored in a fixed position on the ground and the applicant
shall provide qualified evidence that the proposed structure will
withstand wind and other forces.
[5]
The antenna and its associated supports, such
as guy wires, or the yard area containing the structure shall be protected
and secured to guarantee the safety of the general public. Associated
supports and guy wires shall not be located any closer than five feet
to any property line.
[6]
Whenever it is necessary to install an antenna
near power lines, or where damage would be caused by its falling,
a separate safety wire must be attached to the antenna mast or tower
and secured in a direction away from the hazard. Antennas and guy
wires must be kept at least four feet clear of telephone or electric
wires.
[7]
Every antenna must be adequately grounded for
protection against a direct strike of lightening, with a ground wire
of appropriate design. Ground wires shall be of the type approved
for grounding masts and lightning arresters and shall be installed
in a mechanical manner with as few bends as possible, maintaining
a clearance of at least two inches from combustible materials. Lightning
arresters, approved by the Underwriters' Laboratories, Inc., shall
be used. Both sides of the line must be adequately protected with
proper arresters to remove static charges accumulated on the line.
When lead-in conductors of polyethylene ribbon-type are used, lightning
arresters must be installed in each conductor. When coaxial cable
or shielded twin lead is used for lead-in, suitable protection may
be provided without lightning arresters by grounding the exterior
metal sheath.
[8]
In granting the use, the Zoning Hearing Board
may attach reasonable conditions warranted to protect the public health,
safety and welfare, including but not limited to fencing, screening
and increased setbacks.
(4)
Apartments, accessory. Where permitted, or permitted
as a special exception, an accessory apartment may be created in a
single-family detached dwelling existing as of the effective date
of this chapter, provided that:
(a)
The apartment will be a complete and separate
housekeeping unit that can be isolated from the original unit.
(b)
Only one apartment will be created within a
single-family detached dwelling unit.
(c)
The owner(s) of the residence in which the accessory
unit is created shall occupy at least one of the dwelling units on
the premises, except for bona fide temporary absences.
(d)
The accessory apartment shall be designed so
that, to the degree feasible, the appearance of the building remains
that of a single-family detached dwelling. In general, any new entrances
shall be located on the side or in the rear of the building, and any
additions shall not increase the square footage of the original structure
by more than 10%.
(e)
The design and size of the apartment conforms
to all applicable state and Borough standards/codes, including but
not limited to Pennsylvania Department of Labor and Industry regulations.
(f)
Additions or alterations carried out in the
last three years prior to application that add more than the permissible
10% to the previous floor area of the existing single-family detached
dwelling shall not be considered in determining whether there is adequate
space to install an accessory apartment.
(g)
The accessory apartment shall be no more than
30% of the structure's total floor area nor greater than 800 square
feet.
(h)
A minimum of 300 square feet of floor area shall
be required.
(i)
At least three off-street parking spaces are
available for use by the owner-occupant and tenant.
(5)
Apartment conversion. Where permitted, or permitted
by special exception, any building existing at the effective date
of this chapter may be converted to a dwelling for more than one family,
provided that:
(a)
The proposed conversion shall conform to the regulations for the district in which it is located. The minimum habitable floor area of such converted dwelling unit shall be provided in accordance with § 173-99 herein.
(c)
Fire escapes, where required, shall be in the
rear of the building and shall not be located on any wall facing a
street.
(e)
The plans for the conversion of said building
shall be submitted to the Sayre Borough Zoning Officer for review
and approval.
(6)
Apartments, garden. Where permitted, or permitted
as a conditional use, all garden apartments shall comply with the
following:
(a)
There shall be not more than 12 dwelling units
per building.
(b)
No garden apartment building shall be in excess
of two stories in height.
(c)
Lot area per dwelling unit shall not be less
than the area required by the applicable district regulations when
served by both public water and sanitary sewers.
(d)
All applicable provisions of this chapter.
(7)
Boarding homes (includes rooming and lodging houses).
Where permitted or permitted as a special exception, boarding homes
may be established subject to the following conditions:
(a)
Lot area shall be determined on the basis of
building size, yard requirements, parking and access requirements,
water and wastewater requirements and other applicable standards.
(b)
Accommodations shall be limited to no more than
five guest rooms for rent.
(c)
Not more than 10 guests may be accommodated
at any one time.
(d)
Meals for compensation shall be provided only
to boarding home guests. No cooking facilities shall be provided or
permitted in the individual guest rooms.
(e)
Guest rooms shall contain a minimum of 250 square
feet of habitable floor area per person.
(8)
Churches, schools and other public buildings. Where
permitted as a special exception, these uses shall meet the following
requirements:
(a)
Lot coverage shall not be greater than that
required within the respective district.
(b)
The lot width at the front building setback
line shall be based on the building size and yard requirements, but
in no case shall it be less than 100 feet in width.
(9)
Clubs, lodges and fraternal organizations. Where permitted
or permitted as a special exception, these and similar uses are restricted
to those not conducted primarily for gain, although a dining room
may be operated for the benefit of club members, provided that no
permanent sign advertising the sale of food or beverages will be permitted.
Buildings or structures hereafter converted or erected for such use
are subject to all applicable regulations for the district in which
the facility is to be located. A buffer yard/screen planting of no
less than five feet in depth shall be maintained along all property
lines abutting a residential use.
(10)
Cluster subdivision/land development. Where
permitted, a cluster subdivision and/or land development may be established
in accordance with the following intent and regulations:
(a)
Intent. The intent of the cluster-type development
is to permit a procedure for development which will:
[1]
Promote more economic site design.
[2]
Encourage ingenuity and originality in total
subdivision and individual site design.
[3]
Preserve open space to serve recreational, scenic and public service purposes, and preserve environmentally sensitive resources and areas in accordance with § 173-88A(33) herein.
(b)
Specifications. A cluster subdivision/land development
shall meet the following minimum specifications:
[1]
Single-family detached and semidetached dwellings
shall be permitted. Fifty percent of all units must be single-family
detached.
[3]
Density shall be as follows:
[a]
Residential use. There shall be
a maximum of two units per acre in the RT District and four units
per acre in the RM and CD Districts. Density shall be based upon gross
acreage (total land area) of tract.
[b]
Nonresidential use. For nonresidential
uses, the maximum floor area ratio shall be as follows:
|
Use
|
Floor Area Ratio
|
|---|---|
|
Office/service
|
.40
|
|
Retail
|
.30
|
|
Other commercial
|
.30
|
|
Industrial
|
.40
|
|
Other
|
.40
|
[4]
Public water and sanitary sewer or community
systems approved by the Pennsylvania Department of Environmental Resources
shall be provided.
[5]
Lot size shall not be reduced by more than 25%
of minimum lot size for a single-family detached dwelling in the RT
Residential District; 20% of minimum lot size for a semidetached dwelling
in the RM Residential and Limited Commercial/Residential District.
Lot size shall not be reduced by more than 20% for nonresidential
uses.
[6]
Yards dimensions shall be recommended by the
Sayre Borough Planning Commission and approved by the Sayre Borough
Council as part of the preliminary plat approval, except that each
perimeter lot in a cluster development shall have a side or rear yard
of not less than the required side or rear yard of the respective
district. Yard setbacks for all lots fronting on public streets shall
not be less than 30 feet.
[7]
Buffer yards of no less than 25 feet in width shall be required along perimeter property lines where units in a proposed cluster development abut noncluster residential development. All buffer yards shall be planted in accordance with § 173-93 of this Article. Where buffers are required, a plan shall be submitted showing the location, size, species and number of plant materials to be used.
[8]
Minimum spacing between structures shall be
20 feet.
[9]
Separate garages and accessory buildings may
be located in any rear yard, provided that they do not violate the
coverage regulations herein set forth and that side yards of not less
than two feet are provided. Separate garages with entrances fronting
an alley or street shall be located not less than 10 feet from the
alley or street.
[10]
The maximum permitted impervious
coverage shall be 40% and shall apply to the developable tract area
total rather than to individual lots.
[11]
Dwelling units shall not exceed
35 feet in height. All other buildings shall not exceed 40 feet in
height.
[12]
Off-street parking and access shall be provided in accordance with Article XVI herein and the Bradford County Subdivision and Land Development Ordinance, as amended.
[13]
Open space areas shall be provided in accordance with § 173-88A(33) herein.
(11)
Commercial greenhouses and nurseries. Where
permitted, commercial greenhouses and nurseries may be established
subject to the following:
(a)
A minimum lot area of 20,000 square feet shall
be provided in addition to the lot area required for other uses located
on the same property. However, in no case shall the lot be less than
the minimum lot area permitted in the district in which it is located
and in no case shall the yards be less than the minimum yard requirements
permitted in the district in which it is located.
(c)
Greenhouse heating plants as or within accessory
structures may be located to the side or rear of any main building,
but not in the required side or rear yard, provided that the heating
plant is not hazardous to others and does not create noise, dirt or
heat flows of objectionable amounts or intensities.
(d)
A greenhouse operated for noncommercial purposes
shall be considered as an accessory structure and shall comply with
all applicable district provisions.
(12)
Curbs.
(a)
Curbs and sidewalks shall be required for all
new construction and shall be installed in accordance with the Bradford
County Subdivision and Land Development Ordinance, as amended, and
in accordance with the Sayre Sidewalk Ordinance[2] and, more specifically, built according to the specifications
set forth in said ordinances.
(b)
The property owners shall install a concrete
sidewalk. Said sidewalk area shall not be paved with amicite or blacktop.
More specifically in the area where the driveway crosses the sidewalk
area to the property, said area shall have a concrete sidewalk and
shall not be covered with amicite or blacktop.
(13)
Day-care centers. Where permitted, day-care
centers may be established subject to the following:
(a)
Operators are responsible for compliance with
all Pennsylvania Department of Public Welfare licensing/registration
requirements and any other local, state or federal regulations.
(b)
Outdoor play area shall be limited to the rear
yard and be surrounded by a safety fence or natural barrier.
(c)
Outside play shall be limited to the hours between
8:00 a.m. and 7:00 p.m.
(d)
In a residential district, no day-care center
shall be located within 500 feet of another day-care center or group
day-care facility.
(14)
Drive-in uses. (See § 173-88A(45), Vehicular service station and other drive-in-type uses.)
(15)
Family-care facilities. Where permitted or permitted
as a special exception, family-care facilities may be established
subject to the following conditions:
(16)
Family day-care homes/group day-care homes.
Where permitted or permitted as a special exception, family day-care
homes and group day-care homes may be established subject to the following
conditions:
(a)
Lot area shall be determined on the basis of
building size, yard requirements, parking and access requirements,
water and wastewater requirements and other applicable standards.
(b)
A minimum of 100 square feet of usable outdoor
play space and 40 square feet of usable indoor space must be provided
for each child present at the facility, including resident children.
(c)
Outside play shall be limited to the rear yard
between the hours 8:00 a.m. and 7:00 p.m.
(d)
A buffer yard of no less than 10 feet in depth shall be established along rear side lot lines in accordance with § 173-93 herein. Said buffer yard shall be provided in addition to required side and rear yards and shall not be included in determining usable outdoor play area.
(e)
Operators are responsible for compliance with
all Pennsylvania Department of Public Welfare licensing/registration
requirements and any other local, state or federal regulations.
(17)
Farm-related occupations.
(a)
Where permitted, farm-related occupations shall
include the following accessory uses when operated on a farm and where
the farm uses continue to operate:
[1]
Retail sales of products principally produced
on the farm. A minimum of 50% of all products sold shall be produced
on the farm.
[2]
Facilities for the processing, storage and wholesale
distribution of goods produced on the farm.
[3]
Facilities for the service and repair of agricultural
equipment and incidental sales of parts and services.
[4]
Blacksmith and tool-sharpening service.
[5]
Carpentry.
[6]
Butchering.
[7]
Clothes making.
(18)
Funeral homes. Where permitted, funeral homes
may be established subject to the following conditions:
(a)
The lot area shall be determined on the basis
of building size, yard requirements, water and wastewater requirements,
parking and access requirements and other applicable standards.
(b)
Minimum front, side and rear yard setbacks shall
be 25 feet.
(c)
A buffer yard/screen planting of no less than
10 feet in depth shall be maintained along rear and side lot lines
abutting a residential use.
(19)
Group-care facilities (including halfway homes).
Where permitted, or permitted as a special exception, group-care facilities
may be established subject to the following:
(a)
Lot area shall be determined on the basis of
building size, yard requirements, parking and access requirements,
water and wastewater requirements and other applicable standards.
(b)
The minimum front, side and rear yard setbacks
shall be no less than 25 feet.
(d)
All other applicable provisions of this chapter.
(20)
Group day-care homes. (See § 173-88A(16), Family day-care homes/group day-care homes.)
(21)
Halfway houses. (See § 173-88A(19), Group-care facilities.)
(22)
Home occupations. Where permitted, or permitted
as a special exception, home occupations may be established subject
to the following conditions:
(a)
The "home occupation" shall be carried on completely
within the dwelling unit or accessory building.
(b)
Not more than one person other than the occupants
of the dwelling unit(s) shall be employed.
(c)
Not more than 25% of the floor area of the dwelling
unit shall be devoted to a home occupation.
(d)
Articles sold or offered for sale shall be limited
to those produced on the premises, for food served as part of a bed-and-breakfast
establishment, or for a licensed distributorship conducted by the
resident.
(e)
There shall be no exterior display or sign (except
as permitted in the regulation of signs in this chapter), no exterior
storage of materials, and no other exterior indication of the "home
occupation" or variation of the residential character of the main
building.
(f)
No offensive noise, vibration, smoke or other
particulate matter, heat, humidity, glare or other objectionable effects
shall be produced.
(g)
A "home occupation" may include, but is not
limited to, art studios; dressmaking or millinery; barbershop; beauty
parlor; teaching, music or dance instruction limited to a single pupil
at a time; real estate or insurance office; the professional office
of a dentist, physician, lawyer, engineer, planner, accountant or
architect; bed-and-breakfast establishments; or any other activities
of a similar nature.
(h)
A "home occupation" shall, under no circumstances,
be interpreted to include a commercial stable or a kennel.
(j)
Bed-and-breakfast establishments as a "home
occupation" shall meet the following additional requirements:
[1]
Sleeping accommodations shall be located only
within the dwelling and shall be limited to no more than five rooms
for rent, with a total size not to exceed 35%, or 1,250 square feet,
of the dwelling, whichever is less.
[2]
Not more than 10 adult guests may be accommodated
at any one time. The length of stay per guest shall be limited to
15 days.
[4]
Meals for compensation shall be provided only
to guests of the bed-and-breakfast establishment.
[5]
No more than one bed-and-breakfast establishment
is permitted per lot.
(23)
Indoor amusement facilities. Where permitted,
or permitted as a special exception, indoor amusement facilities may
be established in accordance with the following provisions:
(a)
Indoor amusement facilities shall be located
at least 1,000 feet from school buildings and school playgrounds.
(b)
The facility, if accessory to a principal use,
shall be located in a separate room, separated from other uses on
the premises and from pedestrian circulation to and from such other
uses.
(c)
Readily visible signs shall be installed, with
their location, size and text shown in plans submitted to the Planning
Commission, stating that the use of machines by persons under 16 years
of age shall be prohibited during normal school hours and, where the
consumption of alcohol is permitted, that the use of such amusements
by persons under the age of 21 is prohibited at all times.
(24)
Junkyards (salvage yards). Where permitted as
a special exception, junkyards may be established in accordance with
the following provisions:
(a)
Junk/salvage shall be stored in piles not exceeding
eight feet in height and shall be arranged so as to permit easy access
for fire-fighting purposes.
(b)
All operations shall be screened from all rights-of-way and adjoining properties by a buffer yard and screen planting of no less than 20 feet in depth established along the perimeter lot line in accordance with applicable district regulations and § 173-93 herein.
(c)
No open burning shall be permitted.
(d)
Operations shall be conducted in compliance with the performance standards of § 173-89 and other applicable standards established herein.
(e)
All junkyards shall meet the licensing and screening
requirements of Pennsylvania Act 4 of Special Session Number 3 of
1966,[3] prohibiting junk from being located within 1,000 feet
from the right-of-way of any interstates or primary roads (roads conveying
traffic from one municipality to another). All other yards shall be
provided in accordance with the regulations of the district in which
the facility is located.
[3]
Editor's Note: See 36 P.S. § 2719.4.
(f)
All junkyards shall be licensed by the Commonwealth
of Pennsylvania.
(25)
Kennels. Where permitted, an animal kennel may
be established in accordance with the following provisions:
(a)
All kennels shall be licensed by the Commonwealth
of Pennsylvania.
(b)
All buildings in which animals are housed and
all runs shall be located at least 200 feet from all lot lines. Buildings
shall be adequately soundproofed so that sounds generated within the
buildings cannot be perceived at the lot line.
(26)
Medical centers. Where permitted, a building
for use as a medical center may be erected and used provided that:
(a)
The building shall be occupied and used only
by persons licensed to practice the healing arts in the Commonwealth
of Pennsylvania and their staffs.
(b)
The lot area shall be determined on the basis
of building size, yard requirements, parking and access requirements,
water and wastewater requirements and other applicable standards.
(c)
The minimum front, side and rear yard setbacks
shall be no less than 25 feet.
(d)
Lot width shall be determined by the size of
the building and setbacks.
(27)
Mixed uses. When two or more principal uses
occupy the same lot but not the same building, all parking, lot area,
lot width, building setbacks, height and building area requirements
shall be provided so that the requirements pertaining to each use
will be met in full.
(28)
Manufactured/mobile home parks. Where permitted,
manufactured/mobile home parks shall be subject to the following provisions:
(a)
A manufactured/mobile home park shall be developed
and approved in accordance with regulations as set forth in the Bradford
County Subdivision and Land Development Ordinance as amended.
(b)
Minimum tract size shall be not less than five
acres.
(c)
Manufactured/mobile home lots shall be not less
than 65 feet wide, measured at the minimum required setback line,
nor less than 7,200 square feet in area per manufactured/mobile home
unit, exclusive of streets and other public areas.
(d)
Minimum building setback line from the cartway
line of a private street shall be 20 feet.
(e)
The minimum spacing between manufactured/mobile
home units, including attached accessory structures, shall be no less
than 20 feet. On a corner lot, the side yard abutting the street shall
have a width equal to the depth of the front yard required and shall
be subject to all front-yard requirements of this chapter.
(f)
The minimum rear yard for each lot shall be
10 feet.
(g)
Detached accessory structures shall be located
on the lot no closer than five feet to a manufactured/mobile home
and shall comply with the required front, side and rear setback lines.
(h)
Manufactured/mobile home units shall not be located closer than 25 feet from the park/subdivision property lines to the sides and rear not adjacent to a street. Units adjacent to public streets shall not be located closer than 35 feet to the right-of-way line and shall contain a buffer yard in accordance with § 173-93 herein.
(i)
Lots shall be served by both community or public
water supply and sanitary sewerage collection systems.
(k)
Not less than 10% of the total land area shall be provided for usable open space. Such space shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located and easily accessible to all park residents. Open space areas shall be developed and maintained in accordance with § 173-88A(33) herein.
(l)
Such open space shall be maintained with a durable
vegetative cover that is capable of preventing soil erosion and the
emanation of dust during dry weather.
(29)
Motels/hotels. Where permitted, motels/hotels
shall be subject to the following:
(a)
Off-street parking and loading spaces shall be provided for the motel/hotel, in addition to other accessory facilities developed as part of the motel/hotel premises, in accordance with Article XVI herein.
(b)
Every unit shall be provided with complete bathroom
facilities.
(c)
The minimum front, side and rear yard setbacks
shall be no less than 25 feet.
(30)
Municipal uses. In any district, a building
may be erected, altered or extended and land may be developed which
is arranged, intended or designed for municipal uses, including municipal
recreation uses, in accordance with applicable district provisions.
(31)
Municipal waste landfills. Where permitted as
a special exception, a municipal waste landfill may be established
in accordance with the following provisions:
(a)
Municipal waste landfills shall be constructed,
licensed and operated in accordance with the Bradford County Solid
Waste Plan and all applicable commonwealth laws and regulations.
(32)
Nursing homes. Where permitted, or permitted
as a special exception, a building for such use may be erected and
used subject to the following:
(a)
The facility shall be constructed and operated
in accordance with applicable commonwealth laws and regulations.
(b)
The minimum lot area and lot width shall be
determined by building size, yards and off-street parking requirements,
and water and wastewater requirements, but in case shall the lot area
be less than 10,000 square feet plus 500 square feet for each patient
over eight in number.
(c)
The minimum front, side and rear yard setbacks
shall be no less than 25 feet.
(33)
Open space requirements.
(a)
Where required, open space areas shall be developed
to complement and enhance the man-made environment. In the selection
of the location of such area, consideration shall be given to the
preservation of natural and man-made features which will enhance the
attractiveness and value of the remainder of the property to be subdivided
or developed, including floodplains, streams and ponds, slopes equal
to or greater than 15%, natural permanent vegetation, historical amenities
and other community assets.
(b)
The area shall be so located and designed that
it is easily accessible to all residents, including handicapped. Safe
and easy access to common open space areas shall be provided either
by adjoining road frontage, easements and/or paths.
(c)
Whenever possible, common open space areas shall
be designed as a continuous system of usable area, which are interspersed
among groupings of residential buildings; provided, however, that
in those instances in which the total minimum required open space
is less than two acres in size, such areas shall be located in one
parcel.
(d)
Such areas specifically designed for open space
shall be fully usable and suitable for that purpose and shall be set
aside by deed restriction.
(e)
Access ways to the site shall be of a sufficient
width so that maintenance equipment shall have reasonable convenient
access to such areas. In all instances, such open space areas shall
be maintained in a careful and prudent manner.
(f)
The Borough may, at any time and from time to
time, accept the dedication of land or any interest therein for public
use and maintenance, but the Borough need not require, as a condition
of the approval of a development, that land proposed to be set aside
for common open space be dedicated or made available to public use.
(g)
The landowner shall provide for and establish
an organization for the ownership and maintenance of the common open
space and such organization shall not be dissolved nor shall it dispose
of the common open space by sale or otherwise (except to an organization
conceived and established to own and maintain the common open space)
without first offering to dedicate same to the public.
(h)
In the event that the organization established
to own and maintain common open space, or any successor organization,
shall at any time after establishment of the development fail to maintain
the common open space in reasonable order and condition in accordance
with the development plan, the Borough may serve written notice upon
such organization and upon the residents of the development setting
forth the manner in which the organization has failed to maintain
the common open space in reasonable condition. The notice shall include
a demand that such deficiencies of maintenance be corrected within
30 days thereof. The notice shall also state the date and place of
a hearing thereon, which shall be held within 14 days of the notice.
At such hearing the Borough may modify the terms of the original notice
as to the deficiencies and may give an extension of time within which
they shall be corrected. If the deficiencies set forth in the original
notice or in the modification thereof are not corrected within 30
days or any extension thereof, the Borough, in order to preserve the
taxable values of the property within the development and to prevent
the common open space from becoming a public nuisance, may enter upon
the common open space and maintain the same for a period of one year.
Such maintenance by the Borough shall not constitute a taking of the
common open space, nor vest in the public any rights to use the same.
Before expiration of the year, the Borough shall, upon its initiative
or upon the request of the organization theretofore responsible for
the maintenance of the common open space, call a public hearing upon
notice to such organization, or to the residents of the development,
to be held by Sayre Borough Council or Planning Commission, at which
hearing such organization or the residents of the development shall
show cause why such maintenance by the Borough shall not, at the option
of the Borough, continue for a succeeding year. If the Sayre Borough
Council or Planning Commission determines that such organization is
not ready and able to maintain the common open space in a reasonable
condition, the Borough may, at its discretion, continue to maintain
the common open space during the next succeeding year and, subject
to a similar hearing and determination, in each year thereafter. The
decision of the Sayre Borough Council or Planning Commission shall
be subject to appeal to the court in the same manner, and within the
same time limitation, as provided for by this chapter.
(i)
The cost of such maintenance by the Borough
shall be assessed ratably against the properties within the development
that have a right of enjoyment of the common open space, and shall
become a lien on such properties. The Borough, at the time of entering
upon the common open space for the purpose of maintenance, shall file
a notice of lien in the office of the Prothonotary of the Court of
Common Pleas of Bradford County, Pennsylvania, upon the properties
affected by the lien within the development.
(34)
Personal care boarding homes. Where permitted
as a special exception, personal care boarding homes may be established
in accordance with the following provisions:
(a)
The facility shall be constructed, licensed
and operated in accordance with applicable commonwealth laws and regulations.
(b)
Lot area shall be determined on the basis of
building size, yard requirements, parking and access requirements
and other applicable standards.
(c)
No more than two persons at a time shall reside
in any room designated for overnight visits.
(d)
The minimum front, side and rear yard setbacks
shall be not less than 25 feet.
(e)
A buffer yard of no less than 10 feet in width
shall be established along rear and side yards abutting residential
uses.
(35)
Prohibited uses:
(a)
Dwellings in the General Manufacturing District
other than that provided for within the General Manufacturing District.
(b)
Primary living and sleeping quarters of dwelling
units shall not be permitted in cellars.
(c)
The following uses are prohibited in all districts
throughout the Borough:
[1]
The incineration, reduction or storage of garbage,
offal, animals, fish or refuse, unless by the authority of or under
the supervision of the Borough.
[2]
The stripping of topsoil for sale, exclusive
of the process of grading a lot preparatory to the construction of
a building for which a building permit has been issued.
(d)
The keeping of any animals customarily kept
on farms, such as, but not limited to, horses, pigs, cows, chickens,
ducks, sheep, goats, geese, turkeys and donkeys, whether kept for
animal husbandry or pets.
[Added 12-9-1996 by Ord. No. 738]
(36)
Public utility facilities. Public utility facilities
shall be permitted in any district without regard to the use and area
regulations; provided, however, that buildings or structures erected
for these utilities shall be subject to the following regulations:
(a)
Front yards shall be provided in accordance
with the regulations of the district in which the facility is located.
Side and rear yards shall be a minimum of 10 feet.
(b)
Height restrictions shall be required by the
district regulations.
(c)
Unhoused equipment shall be enclosed within
a chain link fence six feet in height topped with barbed wire.
(d)
When equipment is totally enclosed within a
building, no fence or screen planting shall be required, and the yards
shall be maintained in accordance with the district in which the facility
is located.
(e)
The external design of the building shall be
in conformity with the buildings in the district.
(37)
Resource recovery facilities. Where permitted,
or permitted as a special exception, resource recovery facilities
shall be subject to the following safeguards and regulations:
(a)
All facilities shall be operated and licensed
in accordance with Pennsylvania Department of Environmental Resources
rules and regulations.
(b)
All operations shall be screened from all rights-of-way and adjoining properties by a buffer yard and screen planting of no less than 10 feet in depth established along lot lines in accordance with § 173-93 herein.
(c)
The site shall be maintained free of litter
and other undesirable materials and cleaned of loose debris daily.
(d)
Outside storage of materials shall be in sturdy
containers or enclosures which are covered, secured and maintained
in good condition. Storage containers for flammable material shall
be constructed of nonflammable material. Outside storage, excluding
truck trailers, shall not be visible above the height of the screen
planting.
(e)
Front, side and rear yards shall be provided
in accordance with the regulations of the district in which the facility
is located.
(f)
Off-street loading spaces or berths shall be provided on site for three vehicles or the anticipated peak customer load, whichever is greater, to circulate and to deposit recyclable materials, except where the Zoning Hearing Board determines that allowing less loading facilities is compatible with surrounding lots and public safety. All loading spaces and berths shall be designated in accordance with Article XVI herein.
(g)
Power-driven processing, including aluminum foil and can compacting, bailing, plastic shredding or other light processing activities necessary for efficient temporary storage and shipment of material may be permitted in accordance with the performance standards of § 173-89 and other applicable standards established herein.
(h)
Containers provided for after-hours donations
of recyclable materials shall be located at least 50 feet from any
property zoned, occupied or planned for residential use; be of sturdy,
rustproof construction; have sufficient capacity to accommodate materials
collected; be secure from unauthorized entry or removal of materials;
and be clearly marked to identify the type of materials that may be
deposited within them.
(38)
Solid waste storage facilities. All multifamily,
commercial and manufacturing/industrial buildings or uses shall include
adequate facilities on site for the proper storage of solid wastes
in accordance with the provisions of the Borough/county refuse collection
regulations and as hereinafter provided that:
(a)
Storage areas shall have hardened, stabilized
surfaces with outdoor areas constructed to prevent accumulation of
stormwater runoff.
(b)
Storage areas shall be located such that collection
vehicles will not obstruct the public street or otherwise violate
Borough regulations while parked for collection of refuse and shall
be provided with accessways facilitating ready deposit and collection
of refuse.
(c)
Storage areas shall be of sufficient size to
accommodate the container capacity required to store the refuse accumulation
between collections but shall not be less than 4 x 8 feet in size
or of other dimensions providing an approved equal space.
(39)
Steep slope provisions. In all districts, development
or earth-moving activities occurring on tracts of 8% or greater slope
shall be required to meet the following additional standards, as approved
by the Borough Council:
(a)
A map showing slope intervals of 8% to 15%,
15% to 25% and over 25% shall be submitted.
(b)
Slopes exceeding:
[1]
Eight percent to 15%: no more than 40% of such
tracts shall be altered, regraded, cleared or built upon.
[2]
Sixteen percent to 25%: no more than 30% of
such tracts shall be altered, regraded, cleared or built upon.
[3]
Over 25%: No more than 15% of such tracts shall
be altered, regraded, cleared or built upon.
(c)
Calculating average slope:
|
The following formula shall be used in conjunction
with a contour map to determine the average slope of a tract:
| |||
|
s =
|
.0023 x I x L
| ||
|
A
| |||
|
S =
|
Average slope of subject parcel.
| ||
|
.0023 =
|
Conversion factor of square feet to acres.
| ||
|
I =
|
Contour interval (distance between contour lines
on the map).
| ||
|
L =
|
Total length of the contour lines within the
subject parcel.
| ||
|
A =
|
Area, in acres, of subject parcel [excluding
areas with slopes greater than (25%)].
| ||
(40)
Swimming pools. Swimming pools shall be permitted
as an accessory use in any district and shall comply with the following
conditions and requirements:
(a)
The pool is intended, and is to be used, solely
for the enjoyment of the occupants of the principal use of the property
on which it is located, including guests.
(b)
It may not be located, including any walks or
paved areas or accessory structures adjacent thereto, closer than
five feet to any property line, nor shall it be nearer to any street
line upon which the residence abuts than the existing setback line
of the residence. In no case shall it be any closer than 20 feet to
any street line.
(c)
All permanent swimming pools now existing or
hereafter constructed, installed, established or maintained shall
be enclosed by a permanent fence of durable material at least four
feet but not more than six feet in height, with the exception of atrium
houses, and shall be so constructed as not to have openings, mesh
or gaps larger than four square inches in any direction. If a picket
fence is erected or maintained, the horizontal dimension shall not
exceed four inches. All gates used in conjunction with the fence shall
meet the same specifications as to the fence itself and shall be equipped
with approved locking devices and shall be locked at all times when
the swimming pool is not in use.
(d)
A dwelling unit, excluding atrium dwellings,
or an accessory building may be used as part of such enclosure. However,
height requirements for a fence shall not apply to the building.
(e)
The provisions regulating fencing shall not
apply to pools having sides extending four feet above grade, provided
that the stairs or other means of access to the pool are removed or
locked in such a position as to make it readily unaccessible when
not in use.
(f)
All materials used in the construction of pools
shall be waterproof and so designed and constructed as to facilitate
emptying and cleaning and shall be maintained and operating in such
a manner as to be clean and sanitary at all times.
(g)
Water may not be discharged from a swimming
pool unless discharged so as not to flow onto adjacent properties
or rights-of-way.
(h)
Enclosed indoor pools must comply with applicable
regulations pertaining to accessory structures.
(i)
Outdoor lighting, if any, shall be shielded
and/or reflected away from adjoining properties so that no beam of
light, only diffused or reflected light, enters adjoining properties.
(42)
Truck freight terminals. Where permitted, truck
freight terminals shall comply with the following additional provisions:
(a)
No terminal or part thereof shall be located
within 200 feet of a wetland or within 300 feet of a residential use
or district.
(b)
Access to a public street shall be provided
by a public industrial service road or a major collector. No direct
point of access shall be provided from an arterial road and/or Route
220 or Route 17. Point of access shall be designed in accordance with
the Bradford County Subdivision and Land Development Ordinance.
(c)
The layout of improvements must be such so as
to provide for convenient forward movement of vehicles leaving and
entering the site.
(d)
A minimum area of 1,320 square feet of surface,
not including maneuvering area, shall be provided per loading berth.
(f)
All parking, loading, maneuvering and storage
areas shall be paved and site drainage provided in accordance with
design and improvement standards of the Bradford County Subdivision
and Land Development Ordinance.
(43)
Uses not provided for.
(a)
Uses of the same general character as the uses
permitted by right or special exception in the district shall be allowed
if determined by the Zoning Hearing Board that the impact of the use
on the environment and adjacent streets and properties is equal to
or less than any use specifically listed in the district.
(b)
Such use shall comply with all applicable area
and bulk regulations and other applicable standards for comparable
uses specifically listed in the district.
(44)
Vehicular body shop. Where permitted, or permitted
as a special exception, vehicular body shops may be established in
accordance with the following:
(45)
Vehicular service stations and other drive-in-type
uses. Such uses, where permitted, or permitted by special exception,
shall comply with the following:
(a)
No equipment above ground for the service of
motor vehicles shall be closer than 25 feet to any side or rear property
line.
(b)
Canopies shall be located no less than 10 feet
from the right-of-way line.
(c)
Fuel pumps shall be located at least 25 feet
from any right-of-way or 50 feet from the street center line, whichever
is greater.
(d)
Vehicles being stored for future repair may
remain on the lot no longer than 60 days from the date of arrival.
(e)
The width of any entrance driveway leading from
the public street to such service station or other drive-in use shall
not exceed 30 feet at its intersection with the curbline or edge of
pavement.
(f)
No two driveways leading from a public street
to such service or other drive-in use shall be within 15 feet of each
other at their intersection with the curb or street line.
(g)
Parking and vehicle access shall be so arranged
that there will be no need for the motorists to back over sidewalks
or into streets.
A.
Vibration. Vibrations detectable without instruments
on neighboring properties in any district shall be prohibited, with
the exception of temporary vibrations associated with new construction.
B.
Air pollution. No pollution of air by fly ash, dust,
vapors or other substance shall be permitted harmful to health, animals,
vegetation or other property or can cause soiling of property.
C.
Fire and explosives protection. Fire protection and
fire-fighting equipment, acceptable to the Board of Fire Underwriters,
shall be readily available for any activity involving the handling
or storage of flammable or explosive materials.
D.
Lighting.
[Amended 7-23-2015 by Ord. No. 915; 6-23-2021 by Ord. No. 967]
(1)
All lighting shall be aimed, located, designed, fitted and maintained
so as not to represent a hazard to drivers or pedestrians by vehicles
utilizing the property, impairing their ability to safely traverse
and so as not to create a nuisance by projecting or reflecting objectionable
light onto a neighboring use or property.
(2)
Glare and heat. Lighting devices which produce objectionable direct
or reflected glare on adjoining properties or thoroughfares shall
not be permitted. There shall be no emission or transmission of heat
or heated air that is discernible at the lot line.
(3)
Downtown
Commercial District. All signs mounted on buildings within the Downtown
Commercial District shall be illuminated by external lighting only.
Requirements in the subsections above apply.
E.
Nonradioactive liquid or solid wastes. There shall
be no discharge at any point into any public or private sewage disposal
system or stream, or into the ground of any liquid or solid materials
except in accordance with the laws and regulations of the United States,
Commonwealth of Pennsylvania, Bradford County and Borough of Sayre.
F.
Radioactivity or electrical disturbances. No activity
shall emit radioactivity at any point or cause electrical disturbance
adversely affecting the operation of radio or other equipment in the
vicinity.
G.
Noise. Noise which is determined to be objectionable
due to volume, frequency or heat shall be muffled or otherwise controlled,
with the exception of fire sirens and related apparatus used solely
for public purposes. Noise in excess of 90 decibels, as measured on
a decibel or sound level meter of standard quality and design operated
on the A-weighted scale at a distance of 25 feet from any property
line of the property from which the noise source is located, shall
not be permitted.
H.
Odors. No malodorous gas or matter shall be permitted
which is discernible on any adjoining lot or property, with the exception
of such odors associated with common farming practices.
I.
Smoke. The maximum amount of smoke emission permitted
shall be determined by the use of the Standard Ringlemann Chart issued
by the United States Bureau of Mines. No smoke of a shade darker than
No. 2 shall be permitted.
J.
Erosion. No erosion by wind or water shall be permitted
which will carry objectionable substances onto neighboring properties.
Erosion and sedimentation control plans shall be submitted and approved
in accordance with provisions set forth within the Bradford County
Subdivision and Land Development Ordinance.
K.
Water pollution. Water pollution shall be subject
to the standards established by the Pennsylvania Department of Environmental
Resources.
A.
Unless otherwise provided, the height of a building
may exceed the maximum permitted height by one foot for each additional
foot by which the width of front, rear and side yards exceeds the
minimum yard regulation for the district in which the building is
located. Total height shall not exceed the maximum permitted height
by more than 15%.
B.
For all residential uses, accessory buildings shall
not exceed 35 feet in height.
C.
Height regulations shall not apply to spires, belfries,
cupolas or domes not used for human occupancy; nor to chimneys, ventilators,
skylights, water tanks, utility poles or towers, solar collectors
and ornamental or necessary appurtenances.
A.
On a lot held in single and separate ownership from adjacent land, which does not fulfill the regulations for the minimum area dimensions for the district in which it is located, a building may be erected, altered and used thereon provided that the side yard space is not less than the minimum specified in § 173-92C herein, and further that the proposed water and wastewater systems are approved by the Borough Sewage Enforcement Officer and/or Pennsylvania Department of Environmental Resources as appropriate.
B.
The area, width and depth of lots shall provide adequate
open space for off-street loading, unloading and/or parking space.
A.
Where the street or streets upon which the lot abuts
are less than 80 feet in width, the front yard depth and the width
of the side yard abutting the street shall be measured from a line
parallel to 25 feet from the center line of the street.
B.
Front yards.
(1)
An accessory building shall not be erected or substantially
altered within any front yard.
(2)
Parking shall not be permitted in front yards in residential
districts except on driveways.
(3)
Where buildings exist in the same block on either
side, the setback line of the building to be constructed shall be
at least the average of buildings constructed within the same block.
In measuring to determine said building line, open porches shall not
be construed as part of the building.
C.
Side yards.
(1)
On corner lots, the side yard abutting the street
shall have a width equal to the depth of the front yard required in
the district and shall be subject to all front yard requirements of
this chapter.
(2)
On a lot in a residential district held in single
and separate ownership from adjacent land, at the effective date of
this chapter, with a lot width less than required for the Zoning District,
only one single-family detached dwelling may be erected, and side
yards shall be provided in accordance with the following requirements:
(a)
On interior lots with a width of 80 feet or
more, two side yards shall be provided as required by the district
regulations.
(b)
On corner lots with a width of 80 feet or more,
two side yards shall be provided. The exterior side yard may be reduced
by the number of feet by which the lot width is less than the district
requires, but may not be reduced to less than that required for the
interior side yard. The interior side yard shall be provided as required
by the district regulations.
(c)
On lots less than 80 feet but not less than
50 feet in width, two side yards shall be provided, each equaling
20% of the lot width.
(3)
On a lot, in a commercial or industrial district, held in single and separate ownership from adjacent land at the effective date of this chapter, with a lot width less than that required for the zoning district, the required side yards shall be determined by the Zoning Hearing Board, upon application for a variance based on the same criteria as listed under Subsection C(2) above for residential structures.
(4)
Any accessory building may be erected within one of
the side yards or within the rear yard, provided that:
(a)
Buildings and/or structures accessory to a residential
use shall be located within the side or rear yard of the principal
building or structure no less than five feet to any rear or side lot
line. Where such side or rear yard is along an alley, the accessory
building shall be located not less than five feet from the alley.
Private garages with entrances fronting an alley shall be located
no closer than 10 feet to the alley.
(b)
On a corner lot in any Residential District,
an accessory building shall not be erected within the minimum building
setback line of the exterior side lot line (street line); provided,
however, that when the main buildings exist on both the corner lot
and the lot abutting the rear of the corner lot, an accessory building
may be erected at the average distance from the street line, established
by the existing main buildings.
(c)
Buildings and/or structures accessory to a nonresidential
use shall not be located within the required front yard and shall
be located no closer than 15 feet to any lot line.
(d)
No side yard setback shall be required where
two garages are designed to abut in semidetached dwellings.
(5)
A carport, open on at least three sides, may be erected
within one of the side yards when attached to a main building existing
at the effective date of this chapter, provided that the carport shall
be not less than three feet from the side lot line.
D.
Interior yards (open space between structures).
(1)
When front to front, rear to rear or front to rear,
parallel structures shall have 50 feet between faces for one story
in height, plus five feet for each additional story. If the front
or rear faces are obliquely aligned, the above distances may be decreased
by as much as 10 feet at one end if increased by similar or greater
distances at the other end. Where service drives, bank grade changes
or collector walks are introduced in this space, the distance between
structures shall be at least 50 feet.
(2)
End to end, there shall be a distance of 25 feet between
structures for a one-story structure, plus five additional feet for
each story in excess of one.
(3)
End to front, or end to rear, there shall be a distance
of 30 feet between structures for each one story structure plus five
feet additional for each story in excess of one.
(4)
When adjacent structures differ in the number of stories,
the required distance between structures shall be calculated on the
taller of the structures.
A.
Buffer yards.
(1)
Unless otherwise provided, where a commercial or industrial
use adjoins a residential district and where a multifamily use adjoins
a single-family residential use, a buffer yard of not less than 15
feet in width shall be provided along the lot lines, in addition to
the yard required for the district in which it is located.
(2)
If a front yard is provided, the buffer yard may coincide
with the front yard.
(3)
All buffer yard areas shall be planted and maintained
with a vegetative material, and where required for multifamily, commercial
and industrial uses, a screen planting shall be planted and maintained
to the full length of side and rear lot lines which do not abut streets.
(4)
Buffer yards shall be maintained and kept free of
all debris and rubbish.
(5)
No structure, manufacturing or processing activity
or storage of materials shall be permitted in buffer yards. However,
access roads, service drives, and utility easements not more than
35 feet in width are permitted to cross a buffer yard, provided that
the angle of the center line of the road, drive or easement crosses
the buffer yard at an angle not less than 60°.
(6)
No parking shall be permitted in buffer yards.
(7)
Prior to the issuance of a building permit, plans
for buffer yards shall be submitted for review and approval to the
Zoning Officer. Said plans shall show the arrangements of all of the
buffer yards and the placement, species and size of all plant materials
to be placed in such buffer yard. Said plan must be reviewed by the
Planning Commission and approved by the Zoning Officer before a building
permit may be issued.
B.
Screen plantings. Where required, screen plantings
shall be located in the exterior portion of the required buffer yards
and shall be in accordance with the following requirements:
(1)
Plant materials used in screen planting shall be at
least six feet in height when planted and shall be of suitable vegetation
in order to produce, within three years, a complete year-round visual
screen of at least six feet in height and within 15 feet of the property
line.
(2)
The screen planting shall be maintained permanently,
and any plant material which does not live shall be replaced within
one year.
(3)
The screen planting shall be so placed that at maturity
it will be not closer than three feet to any ultimate right-of-way
or property line.
(4)
A clear-sight triangle shall be maintained at all street intersections and at all points where vehicular access ways intersect public streets. The clear-sight triangle shall have no structures or planting more than 30 inches in height and shall conform to § 173-95.
(5)
The screen planting shall be broken only at points
of vehicular or pedestrian access.
(7)
Wherever possible, natural vegetation shall be maintained
as the required screening material. Natural earth berming of at least
six feet in height may be included as part of the screening requirement.
(8)
Screen plantings shall be provided between the property
line and any off-street parking area and any outdoor solid waste storage
area for any multifamily, townhouse, commercial or manufacturing use
where the parking or solid waste disposal area abuts a residential
zoning district or a lot occupied by a residential use.
(9)
Any existing multifamily, commercial or industrial
use shall not be required to comply with the screening requirements
except in case of enlargement or exterior alteration of same.
Solar collectors, flag poles, unenclosed ground-story
terraces, decks, patios and porches may project into any required
yard not more than 1/2 its required dimension and not more than 10
feet into any required setback. Chimneys, flues, columns, sills and
ornamental architectural features may project not more than two feet
into a required setback.
A.
Walls, fences, signs or other structures shall not
be erected or altered, and hedges, trees or other growth shall not
be planted or maintained, which may cause danger to traffic on a street
or road by obstructing the view, except for utility poles and street
signs.
B.
A clear-sight triangle of 30 feet, measured along
the street lines of intersecting streets, shall be maintained, within
which such structures or plantings shall be limited to a height of
not more than 30 inches or less than 10 feet above the street grade,
except the trunks of street trees or other ornamental trees whose
foliage is kept trimmed to a height of 10 feet above the street grade.
A.
Fences and walls may be erected, altered and maintained
within the yards, excluding required buffer yards, provided that any
such fence or wall in the front yard shall not exceed four feet in
height, and any fence or wall in the side or rear yard may be a maximum
of six feet in height in residential districts. Furthermore, any fence
or wall exceeding six feet in height shall contain openings therein
equal to 50% of the area of that portion of the wall or fence exceeding
six feet.
B.
All yards used for the storage of any material needed
for the operation or conduct of a manufacturing or commercial enterprise
shall be enclosed by a solid wall, uniformly painted board fence or
chain-link fence in conjunction with a screen planting or a screen
planting on all sides which face upon a street or face upon a lot
in any district other than the general manufacturing district.
No yard or other space provided about any building
or structure for the purpose of complying with this chapter shall
be considered as a yard or other open space for another building or
structure.
Courts shall conform to the following requirements:
A.
An open space in the form of an inner court or outer
court shall be provided in connection with any building in any district
wherever any room therein in which a person or persons live, work,
sleep or congregate cannot be adequately lighted and ventilated from
the street or yard. Such court shall be adjacent to such room, the
windows of which shall open onto such court. This provision shall
not apply to specialized commercial and/or manufacturing processes
where controlled light and/or ventilation are required.
B.
Outer court.
(1)
The width of any outer court upon which windows open
from a living room, bedroom or dining room shall be not less than
the height of any wall opposite such windows. However, when the depth
of such court is less than six feet, the minimum width shall be twice
the depth.
(2)
The depth of an outer court formed by walls on three
sides shall be not greater than 1 1/2 times the width.
C.
Inner court.
(1)
The least dimension of an inner court shall be not
less than the full height of the walls enclosing such court, but not
less than 50 feet for apartment buildings and not less than 10 feet
for two-family dwellings.
(2)
An open and unobstructed passageway shall be provided
for each inner court. Such passageway shall have sufficient cross-section
area and headroom for the passage of fire-fighting equipment and shall
be continuous from the inner court to a yard or an unobstructed open
area with adequate access to a street.
A.
The minimum habitable floor area of a dwelling unit
hereafter established, with the exception of manufactured/mobile homes
constructed in accordance with the Federal Manufactured Home Construction
and Safety Standards, effective June 15, 1976, shall be as follows:
|
Dwelling Unit
|
Minimum Habitable Floor Area
(square feet)
|
|---|---|
|
Rooming unit (designed for 1 person)
|
250
|
|
Efficiency unit
|
500
|
|
One-bedroom
|
600
|
|
Two-bedroom
|
750
|
|
Three-bedroom
|
900
|
|
Four-bedroom
|
1,050
|
|
Five or more bedrooms
|
An additional 150 square feet per bedroom
|
B.
The minimum habitable floor area for units within
hotels, motels or other commercial lodging establishments for transients
shall be 200 square feet for each room used for sleeping purposes,
unless otherwise specified herein.
The application for a permit for any and all
uses shall be accompanied by a site plan showing building location,
service and parking areas and access to highways. Where a driveway
or access road gives access to a state road or highway, approval by
the Pennsylvania Department of Transportation shall be required.
The area, width or depth of any lot shall not
be reduced by subdivision, sale or development so that the lot width,
lot area, lot area per dwelling unit, courts and yards or other spaces
are smaller, or so that the coverage is greater than prescribed herein.
[Amended 1-23-2014 by Ord. No. 904]
Any remodeling of the exterior of commercial buildings in the
Downtown Commercial District shall be done in conformance with the
standards adopted by the Sayre Borough Council, which standards shall
be incorporated by reference in this chapter.
A.
Purpose.
(1)
Historically, most retail storefront facades incorporate certain
traditional elements which over decades have served both an aesthetic
and functional purpose. The most successful storefront designs are
those which properly utilize and work within those elements, rather
than defeat them. A good storefront will attract attention, provide
effective display space, allow natural light into the retail space,
and contribute to the overall appearance of the downtown. A well designed
facade will both work within the aesthetic unity of the building,
and still reflect the individual character and personality of the
business. The overall purpose of these guidelines is to preserve the
traditional character of downtown Sayre, while respecting the variety
of traditional architectural styles represented there, including but
not limited to Victorian and Art Deco styles.
(2)
The facade renovations proposed follow a simple set of requirement
which will also provide the basic guidelines for storefront facade
renovations throughout the zoned Downtown Commercial Sayre District:
(a)
Where the original historic facade remains largely intact, it
should be repaired and restored, replacing only the missing features;
(b)
Where original historic elements have been covered by later,
modern installations, the original facade should be uncovered and
restored, if possible.
(c)
Where the original facade elements have been completely removed,
or are beyond repair, the new storefront facade should be designed
as much as possible to complement and blend with surrounding facade
designs.
(d)
A facade design should employ a limited palette of complimentary
colors, which if possible do not clash with the schemes of adjacent
buildings. Extremely bold color schemes should be avoided.
B.
Elements of the storefront facade. Most storefront facades constructed
from the mid-19th through the early 20th century shared certain typical
components which worked both stylistically and functionally. These
would generally include:
(1)
The structural frame. In the overall building design, each individual
storefront is generally inserted within an encompassing frame, which
provides the common structural and design element linking together
each storefront facade. The frame includes dividing piers, columns
or pilasters, the sign band, and a storefront cornice or parapet.
These elements could be constructed of brick, stone, precast concrete,
metal, wood, granite, or tile.
(2)
The storefront. The storefront itself is inserted within the
structural frame. The storefront includes a base panel, which could
be brick, metal, wood panel, granite, tile, or structural glass, depending
upon the style and period. Above the base panels are the display windows.
The entryway was generally recessed, which provided an area for the
entry door to swing without interfering with the sidewalk, and also
provided a small amount of lateral display area visible to pedestrians
in advance of the front display windows. Above the entryway, but below
the signband, there would often be a space of sufficient height to
provide an area for an awning. Retractable awnings were a typical
feature of the traditional storefront.
C.
Inventory. The first step in planning facade improvements is the
careful identification and inventory of the overall style and the
individual components of the original storefront which have survived,
whether visible or covered by later facade alterations. Those historical
elements should be utilized and restored, if feasible.
(1)
Design guidelines. In the discussion below, the applicable design
principals for each component of a facade will be reviewed in detail.
While not every building will include each possible component, overall
the guidelines provide a basis for designing the restoration or reconstruction
of virtually every storefront.
(2)
The basic frame. The basic structural frame of a facade provides
the important visual basis for separating and distinguishing individual
storefronts. It will usually include vertical piers, columns or pilasters,
which often provide critical structural support as well as the aesthetic
function, and a cornice or parapet.
(a)
The frame elements should remain visible and not be obscured
by other facade elements, such as signage, awnings, or other additions.
(b)
The frame elements should be consistent throughout, although
individual components of the frame may be of different materials.
For example, the columns may be of brick, while the parapet could
be of wood or masonry.
(c)
A facade should be designed to emphasize the frame's vertical
elements, to highlight the identity of individual stores. Horizontal
emphasis, which obscures the divisions among storefronts, should be
avoided.
(3)
The parapet or cornice. Most storefront facades include a prominent
architectural element, which boldly defines the top of the storefront,
and clearly separates the first floor businesses from upper stories.
One-story buildings tend to have parapet walls, which generally extend
well above the roofline.
(a)
In a multistory building, some type of cornice or other substantial
architectural element would have been employed to set off the storefront
from the upper floor facade.
(b)
The existing cast concrete parapets are an important historical
feature, and should be preserved, if feasible.
(c)
Cast concrete parapets can be cleaned and restored with the
natural color, or sealed and stained with a palette of compatible
colors.
(4)
The signband. In most traditional storefronts, there is a signband
located below the cornice or parapet.
(5)
Awnings. The use of awnings as a storefront device was virtually
universal in the 19th century. Awnings shade the sidewalk and window
display area, provide shelter from rain, and protect the interior
of the business from the glare of direct sunlight when the sun is
near the horizon.
(a)
If possible, awnings should be located in the area between the
signband or cornice and the top of the entryway door. Awnings should
not cover elements of the building frame or other significant architectural
features.
(b)
Awnings should be of a substantial fabric, such as Sunbrella,
resistant to fading, and should be uniform in color and pattern for
each storefront within an individual building.
(c)
Awnings must conform to the requirements of the Borough Code.
An awning may include a commercial message in the valance, provided
appropriate size of lettering is used based on the size of awning.
A commercial logo is allowed in the face of an awning dormer.
(d)
Awnings may be fixed or retractable.
(e)
Interior lit awnings are not permitted; however, lighting beneath
the awning, which solely illuminates the sidewalk, is permitted.
(f)
A dormer, if employed on a fixed awning, should be located over
the entryway, if possible.
(6)
The storefront base. Virtually all storefronts will contain
a base panel below the display windows, which were constructed of
a variety of materials, mentioned above. The base panel provides a
strong anchor for the storefront, placing the display area at an effective
viewing height, and also acts as a kickplate.
(a)
During the 19th century, most storefronts had bases of wood
panel construction, regardless of whether the frame of the building
was wood, brick, or masonry. While a wood panel restoration is often
the most historically appropriate, wood construction is also relatively
high maintenance compared to some other construction materials. Building
owners or proprietors undertaking restoration should be cognizant
of the ongoing maintenance requirement.
(b)
Base panels should utilize a material which is historically
and aesthetically compatible with the frame of the facade. Victorian
storefronts look best with brick or wood panel bases, while Art Deco
and other classic contemporary designs will look best with pigmented
structural glass (often used on the original), tile, granite, or similar
material.
(c)
When wood panel construction is employed, wood should be exterior
grade, properly sealed, and primed and painted with good quality exterior
grade paint, one coat of primer, and two finish coats, or stained
and sealed with multiple coats of an exterior grade clear finish of
polyurethane or spar varnish.
(d)
Trim moldings of soft pine, intended for interior use, should
not be used in exterior facade applications, as the wood will not
maintain a durable finish when exposed to weathering.
(e)
The design, construction and color of the base panels should
be uniform throughout a multi-unit facade.
(f)
Base panels should be flush or slightly recessed six inches
to 12 inches within the building frame, and should not be more than
30 inches in height or an appropriate height based on the size of
the building.
(7)
Windows.
(a)
Display windows. The display windows are the most important
feature of the storefront. An inviting display window encourages window-shopping,
provides a view of the inside of the store, and allows daylight to
enter the store interior. The display window visually connects the
business with the street.
[1]
The windowsill should not be higher than 30 inches from the
sidewalk, and the top of the window should be a minimum of eight feet
in height.
[2]
Overall, glazing of windows and doors may represent at least
70% of the total storefront area.
[3]
Small glass panes were historically used in 19th century facades,
as the technology for manufacturing large glass panes was not yet
available. Small panes can obscure a retail window display, but are
appropriate for some types of businesses. In retail situation where
smaller panes are historically appropriate, they can be employed as
an accent at the top, sides and/or bottom of the window frame, so
that the open view of the display area is still maintained.
[4]
As with the base panels, display windows should be flush with
the frame, or recessed no more than six to 12 inches.
(b)
Upper story windows. Upper story windows cannot be boarded up
and must remain glass windows. If a building of facade is remodeled,
the windows must be reinstalled in upper story windows.
(8)
Entryways. The storefront entry and door is the gateway into
the business, and will make an important impression on the customer.
Typically, entryways are recessed from the front of the facade through
the construction of an alcove. This provides additional shelter from
the elements, and an area for the doorway to swing out without interfering
with sidewalk pedestrian traffic. The entryway also provides an area
of additional window display along the sides, which is visible upon
approach from the sidewalk. Modern handicapped access codes require
18 inches of clearance on the pull side of the door, which is not
always possible within the confines of the existing recess.
(a)
Entryways and doors should comply with Handicap Accessibility
requirements mandated by the Commonwealth of Pennsylvania and the
requirements of the Americans with Disabilities Act, where feasible.
The entryway slope must be a minimum one in 12 grade, and thresholds
must not exceed 1/2 inch in height. Doors must be a minimum of 36
inches in width, with a clearance of 18 inches on the pull side.
(b)
Doors must pull out. Door hardware must be of a type approved
by the Borough Code.
(c)
A recessed entry should be maintained if possible. The floor
of the entry should use a material compatible with the storefront
design, which resists expansion and contraction, is impervious to
water penetration, and offers adequate traction.
(d)
Avoid the installation of a solid entry door. Entry doors should
have at least 50% of the surface glazed, and should be compatible
in design with the overall facade.
D.
Signage. Downtown Commercial District.
(1)
Signage is regulated by the Borough Code.[1] Before a new storefront sign can be installed, or an existing
sign altered, an application must be submitted to Code Enforcement
Office and approved. All signs must be installed in accordance with
the requirements of the article, and be aesthetically designed.
(2)
Among the more important criteria of the article:
(a)
Only one principal sign is allowed per business.
(b)
Signage should be installed in the facade signband, or other
architecturally appropriate location, and must not cover important
architectural features of the facade.
(c)
The total area of the storefront signage must not exceed 600
square feet.
(d)
Window signs must not exceed one square foot for each linear
foot, not to exceed 600 square feet of the total area signage.
(e)
Window signs, awning lettering and projecting signs are not
included in the calculation of total permitted sign area.
[Amended 6-23-2021 by Ord. No. 967]
(f)
In general, signs must be appropriate for surrounding adjacent
properties.
E.
Lighting. Exterior lighting is an important component of storefront
design, in particular for the illumination of signage.
[Added 5-15-2006 by Ord. No. 840]
A.
Purpose and scope.
(1)
Residences and commercial and industrial establishments
situated within the Borough are entitled to clean air and environmental
circumstances free of unreasonable dust, obnoxious odors, noxious
fumes and smells, as well as an environment free of stored debris
and storage of combustible solid fuels in adjacent or exposed exterior
areas within densely populated areas.
(2)
This section shall provide for the prohibition
of the installation of any exterior furnace or exterior burning device,
the primary purpose of which is to convert solid combustible fuel
into a heat or energy source for interior spaces for all residential,
commercial and industrial districts.
(3)
Research indicates outdoor fuel-burning appliances
cause emission problems that cross property lines because the smoke
stays close to the ground and it can easily reach humans working or
playing outdoors or penetrate neighboring buildings. It also causes
problems with smoke visibility. The low-lying smoke can worsen cardiovascular
problems such as angina, irritate eyes and lungs, trigger headaches
and worsen respiratory diseases such as asthma, emphysema and bronchitis.
B.
OUTDOOR FUEL-BURNING APPLIANCE
Definition. As used in this section, the following
terms shall have the meanings indicated:
A device, including any furnace, stove or boiler, designed
and. constructed to burn solid fuels, including wood, coal or other
solid fuels, manufactured for placement outdoors for the heating of
the living area of a structure. An outdoor fuel-burning appliance
utilizing a heat pump or that uses the following fuel sources will
not be included in this definition and is exempt from the prohibition
provided in this section: solar energy, electric, oil, propane gas
or natural gas.
C.
Outdoor fuel-burning appliances prohibited. All future
outdoor fuel-burning appliances are hereby prohibited within the Borough
of Sayre. An outdoor fuel-burning appliance utilizing solar energy,
electric, oil, propane gas or natural gas will not be included in
this definition and is exempt from the prohibition provided in this
section.
D.
Violations and penalties. Any person, firm or corporation
who shall violate any provision of this section, shall, upon conviction
thereof, be sentenced to pay a fine of not more than $600 and, in
default of payment of said fine, to imprisonment for a term not to
exceed 90 days. Every day that a violation of this section continues
shall constitute a separate offense.
E.
Grandfather clause and existing outdoor fuel-burning
devices.
[Amended 9-18-2008 by Ord. No. 859]
(1)
This section shall not be construed to be retroactive
and shall not require the removal of any outdoor fuel-burning appliance
in existence within the Borough at the effective date of this section.
All outdoor fuel-burning appliances in existence at the effective
date of this section shall have or must erect a flue or chimney which
has a minimum termination height of 15 feet above the natural ground
level upon which the appliance is located. The existing systems may
not be replaced, and if they are not utilized for a period of one
year, they will be deemed abandoned and must be removed.
(2)
If an outdoor fuel-burning appliance is more
than 50% torn down, physically deteriorated or decayed, any rebuilding
or restoration of said outdoor fuel-burning appliance shall be a violation
of this section.
(3)
Existing systems may be upgraded for efficiency
and reduction of pollution.
