The purpose for this section is to provide for buffering between differing
land uses. This section also provides standards for these buffers between
conflicting land uses and differing zoning districts.
Any use within any district may be required to provide a buffer area
where the Zoning Officer deems it necessary to screen or block vision or other
types of action associated with the use. The Zoning Officer shall determine
the exact placement and type of buffer area.
A.
A buffer area shall provide a year-round screening of
the area. Buffers may consist of the following:
(1)
Evergreen plants of various species (a living fence).
All of this type buffer, whether it is man-made or natural, shall be evergreen
to remain consistent with year-round screening.
(2)
Natural landscapes, provided that such an area is preserved
from future development by easement, covenant, or similar restriction.
(3)
A fence or wall between four feet and six feet high with
at least 60% of the surface being opaque.
B.
Unless otherwise specified, the required depth of a buffer
area shall be determined by the Zoning Officer based on the recommendation
by the Planning Commission.
C.
When an evergreen or deciduous plant buffer is used,
it shall conform to the following.
(1)
The buffer zone around a stormwater basin shall consist
of evergreen trees. Each tree shall be a minimum of six feet in height at
the time of field planting.
(2)
Any deciduous plant material shall have a maximum height
not to exceed six feet.
(3)
Each planting shall be free from disease, insect infestation,
and mechanical injuries and in all respects be ready for field planting.
(4)
All plantings shall be guaranteed from the period of
installation for a period of no less than one full year from the date of installation.
(5)
All plants shall conform to the American Standard for
Nurserymen Stock (ANSI 260.1-1986) also to sizing, growing and Brown &
Burlap specifications.
(6)
All plantings shall be situated in a manner that their
root systems shall not encroach on underground utilities. Details for plantings
shall be provided for each type of plant used.
(7)
All plantings in sight triangle areas shall not exceed
24 inches in height.
D.
The property owner shall be responsible for the regular
maintenance of any and all buffer areas. This includes replacement of dead
plant material and removal of all debris, rubbish, and tall grass.
E.
No structure, parking area, loading area, storage area,
or vehicular circulation area shall be allowed in a buffer area.
F.
The buffer area shall be contiguous along property lines
except for areas used for vehicular or pedestrian access or exiting.
G.
The Zoning Officer may authorize a modification in the
otherwise applicable buffer area regulations, upon the recommendation of the
Planning Commission, where it deems that a larger buffer area is needed to
fulfill the requirements of this chapter or the changes in elevation along
the buffer area between properties demonstrates that little need is found
for the buffer area and it may be interrupted as long as the lot to which
the buffer area belongs is properly screened.
H.
Conflicting districts may use streets and alleys as buffer
areas but shall provide screening required in this article on at least one
side of the street or alley.
I.
Existing properties in the LDR and MDR and existing lots
of record with a maximum lot area of less than 7,500 square feet in DC and
TZ Districts are granted automatic exemption to this requirement due to the
existing neighborhood characteristics, so long as any existing buffers and
screening are not removed.
J.
Existing buffers and screening are not to be removed
unless replaced with the approval of the Zoning Officer, stated in writing.
Any use in the category listed in a particular existing zoning district
that abuts any other classification of zoning districts that the proposed
development is located in must provide one tree for every 10 feet, and meet
the following minimum buffers.
A.
LDR District.
|
TABLE V-A-1
| |||
|---|---|---|---|
|
Project Location Zoning District
(existing use)
|
Abutting Zoning District
(proposed use)
|
Minimum Spacing
(in feet)
| |
|
LDR
|
O/C
|
10
| |
|
LI-1
|
10
| ||
|
LI-2
|
10
| ||
|
DC
|
5
| ||
|
TZ
|
10
| ||
|
MDR
|
10
| ||
|
SR
|
10
| ||
|
RC
|
20
| ||
|
HOD
|
10
| ||
B.
MDR District.
|
TABLE V-A-2
| |||
|---|---|---|---|
|
Project Location Zoning District
(existing use)
|
Abutting Zoning District
(proposed Use)
|
Minimum Spacing
(in feet)
| |
|
MDR
|
O/C
|
15
| |
|
LI-1
|
5
| ||
|
LI-2
|
5
| ||
|
DC
|
5
| ||
|
TZ
|
15
| ||
|
LDR
|
10
| ||
|
SR
|
20
| ||
|
RC
|
20
| ||
|
HOD
|
10
| ||
C.
SR District.
|
TABLE V-A-3
| |||
|---|---|---|---|
|
Project Location Zoning District
(existing use)
|
Abutting Zoning District
(proposed use)
|
Minimum Spacing
(in feet)
| |
|
SR
|
O/C
|
10
| |
|
LI-1
|
10
| ||
|
LI-2
|
10
| ||
|
DC
|
15
| ||
|
TZ
|
15
| ||
|
LDR
|
10
| ||
|
MDR
|
20
| ||
|
RC
|
20
| ||
|
HOD
|
10
| ||
D.
TZ District.
|
TABLE V-A-4
| |||
|---|---|---|---|
|
Project Location Zoning District
(existing use)
|
Abutting Zoning District
(proposed use)
|
Minimum Spacing
(in feet)
| |
|
TZ
|
O/C
|
10
| |
|
LI-1
|
10
| ||
|
LI-2
|
10
| ||
|
DC
|
5
| ||
|
LDR
|
10
| ||
|
MDR
|
10
| ||
|
SR
|
10
| ||
|
RC
|
10
| ||
|
HOD
|
10
| ||
E.
LI-1 District.
|
TABLE V-A-5
| |||
|---|---|---|---|
|
Project Location Zoning District
(existing use)
|
Abutting Zoning District
(proposed use)
|
Minimum Spacing
(in feet)
| |
|
LI-1
|
O/C
|
10
| |
|
LI-2
|
10
| ||
|
DC
|
5
| ||
|
TZ
|
10
| ||
|
LDR
|
10
| ||
|
MDR
|
10
| ||
|
SR
|
10
| ||
|
RC
|
10
| ||
|
HOD
|
10
| ||
F.
LI-2 District.
|
TABLE V-A-6
| |||
|---|---|---|---|
|
Project Location Zoning District
(existing use)
|
Abutting Zoning District
(proposed use)
|
Minimum Spacing
(in feet)
| |
|
LI-2
|
O/C
|
10
| |
|
LI-1
|
10
| ||
|
DC
|
25
| ||
|
TZ
|
10
| ||
|
LDR
|
10
| ||
|
MDR
|
10
| ||
|
SR
|
10
| ||
|
RC
|
10
| ||
|
HOD
|
10
| ||
G.
DC District
|
TABLE V-A-7
| |||
|---|---|---|---|
|
Project Location Zoning District
(existing use)
|
Abutting Zoning District
(proposed use)
|
Minimum Spacing
(in feet)
| |
|
DC
|
O/C
|
10
| |
|
LI-1
|
10
| ||
|
LI-2
|
25
| ||
|
TZ
|
10
| ||
|
LDR
|
10
| ||
|
MDR
|
10
| ||
|
SR
|
10
| ||
|
RC
|
20
| ||
|
HOD
|
10
| ||
H.
OC District.
|
TABLE V-A-8
| |||
|---|---|---|---|
|
Project Location Zoning District
(existing use)
|
Abutting Zoning District
(proposed use)
|
Minimum Spacing
(in feet)
| |
|
OC
|
DC
|
20
| |
|
LI-1
|
10
| ||
|
LI-2
|
10
| ||
|
TZ
|
10
| ||
|
LDR
|
10
| ||
|
MDR
|
10
| ||
|
SR
|
10
| ||
|
RC
|
20
| ||
|
HOD
|
10
| ||
I.
RC District.
|
TABLE V-A-9
| |||
|---|---|---|---|
|
Project Location Zoning District
(existing use)
|
Abutting Zoning District
(proposed use)
|
Minimum Spacing
(in feet)
| |
|
RC
|
DC
|
20
| |
|
LI-1
|
10
| ||
|
LI-2
|
10
| ||
|
TZ
|
10
| ||
|
LDR
|
20
| ||
|
MDR
|
20
| ||
|
SR
|
10
| ||
|
HOD
|
10
| ||
|
OC
|
20
| ||
J.
HOD District.
|
TABLE V-A-10
| |||
|---|---|---|---|
|
Project Location Zoning District
(existing use)
|
Abutting Zoning District
(proposed use)
|
Minimum Spacing
(in feet)
| |
|
HOD
|
DC
|
10
| |
|
LI-1
|
10
| ||
|
LI-2
|
10
| ||
|
TZ
|
10
| ||
|
LDR
|
10
| ||
|
MDR
|
10
| ||
|
SR
|
50
| ||
|
RC
|
10
| ||
|
OC
|
10
| ||
A.
Exposed exterior walls of structures shall be composed
of brick, stone, plastics, fiberglass, glass, marble, metal, or vinyl with
wood used for trim or any approved building material, except as provided herein.
B.
Smooth dressed concrete block may be used for exposed
side and rear exterior walls in the DC, TZ, OC and LI Districts upon recommendation
of the Planning Commission and approval of the Borough Council where there
is a finding that such rear wall will not be visible to passersby or to the
general public.
C.
Wood may be used for exposed exterior walls for residential
structures of two stories or less.
D.
The Planning Commission may recommend for approval to
the Borough Council alternative materials if such material is determined to
be of equal or superior quality and similar aesthetic character of the required
materials.
E.
The Planning Commission may review with the Brookville
Fire Department the flammability of such constructions in an effort to assist
fire resistance and the ability to suppress a fire within normal fire-fighting
techniques and practices. Recommendations of the Fire Department and the Planning
Commission shall be forwarded to the Borough Council for consideration of
approval or denial.
All property line fences (those that border adjacent properties) shall
meet the following minimum requirements and standards.
A.
Height: Fences, walls, and other screens may be erected
with a permit from the Borough and signed by the Zoning Officer, in any yard
subject to the following height requirements, with height measured from the
existing ground elevation.
(1)
Front yard and side yard between the front yard and rear
building line: maximum of four feet.
(2)
Side or rear yard: six feet.
(3)
Fences, screens, or living fences up to 10 feet in height
may be approved by the Zoning Hearing Board for any yard of a public school,
recreational facility, or public building.
B.
Location.
(1)
A fence, wall, or living fence cannot be erected in public
or dedicated rights-of-way.
(2)
Fences along an abutting property shall be set back at
least two feet from the property line.
(3)
Fences or living fences either publicly or privately
owned shall not block the clear sight distance at street intersections or
driveways.
C.
Other:
(1)
Fences shall not include barbs or other harmful projections
unless approved by the Zoning Hearing Board for security reasons or by modification
and permit in any residential districts.
(2)
The finished side of fences or walls shall always face
the abutting street property.
(3)
A fence or wall will require a building permit and be
in keeping with the surrounding area and not hinder the appropriate development
or use of adjacent buildings or impair their value for land uses.
A.
All dumpsters and trash receptacles larger than fifty-five-gallon capacity shall be fenced in on three sides. Fences shall be constructed as stated in § 230-56 of the article.
B.
All dumpsters and trash receptacles larger than fifty-five-gallon
capacity shall be placed on a concrete or brick pad.
