A. 
Frontage required onto improved street.
(1) 
Each proposed new lot, principal nonresidential building and apartment building shall be on a lot which directly abuts one of the following
(a) 
A public street, not including an alley;
(b) 
A street proposed to be dedicated to the Borough by the subdivision plan which created or creates such lot; or
(c) 
A private street which meets the construction requirements of a public street.
(2) 
In the case of townhouses, a manufactured/mobile home park, or apartments, each dwelling unit may be served with vehicle access onto a private parking court which then has access onto a street meeting Borough standards.
B. 
Number of principal uses and principal buildings per lot.
(1) 
A lot in a commercial or industrial district may include more than one permitted principal use per lot and/or more than one permitted principal building per lot, provided that all of the requirements are met for each use and each building. If differing dimensional requirements apply for different uses on the lot, then the most-restrictive requirement shall apply.
(a) 
For example, if Use 1 requires a one-acre lot area and Use 2 on the same lot requires a two-acre lot area, then the lot shall have a minimum lot area of two acres.
(b) 
The applicant shall submit a site plan that demonstrates that each structure would meet the requirements of this chapter.
(c) 
The land shall be in common ownership. However, a condominium form of ownership of individual buildings, with a legally binding property owners' association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Borough Solicitor, that there will be appropriate legal mechanisms in place.
(2) 
A lot within a residential district shall not include more than one principal use and shall not include more than one principal building, unless specifically permitted by this chapter.
(a) 
A manufactured/mobile home park, condominium residential development, apartment development, traditional neighborhood development or retirement community may include more than one principal building per lot, provided that all other requirements of this chapter are met.
(b) 
A condominium form of ownership of individual dwelling units, with a legally binding homeowners' association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Borough Solicitor, that there will be appropriate legal mechanisms in place and compliance with applicable state law.
C. 
Minimum size of dwellings. Each dwelling unit of two or fewer bedrooms shall include a minimum of 500 square feet of enclosed habitable, indoor, heated floor area, which shall be primarily above the ground level. This minimum floor area shall be increased to 800 square feet if there are three or more bedrooms.
The maximum structure height specified for each district shall not apply to antenna that meet the requirements of this chapter, water towers, clock or bell towers, steeples of places of worship, electrical transmission lines, elevator shafts, windmills, skylights, chimneys or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy. See also the definition of "height" in § 380-21.
A. 
In general.
(1) 
No lot, structure or use shall be created or developed in such a way that it would result in another lot, building or use not being able to meet the requirements of this chapter. This includes but is not limited to setback areas, nonimpervious areas and off-street parking areas.
(2) 
Emergency access. All principal buildings shall have adequate provisions for access by emergency vehicles and fire ladders in order to reach all sides of a building.
B. 
Exceptions to minimum lot areas, lot widths and yards.
(1) 
Corner lots. For a corner lot, the yard depth abutting each public street shall be equal to the minimum depth of the front yard.
(2) 
Projections into required yards.
(a) 
Cornices, eaves, sills or other similar architectural features, exterior stairways, fire escapes or other required means of egress, rain leads, chimneys, "Bilko"-type doors for basement access, window awnings, chase for heating pipes or other similar structures that do not include space usable by persons may extend or project into a required yard not more than three feet, except as may be required within a drainage or utility easement.
(b) 
Steps, stoops, fire escapes, handicapped ramps, and landings necessary to provide entrance to a building may be located within a required setback area.
(3) 
Front yard setback exception. In any district within a block containing a lot proposed for construction or expansion of a building, where 50% or more of the improved lots on such block frontage currently have front yards of less depth than is currently required for that district, and where the clear majority of such lots are already developed, the average of such existing front setbacks shall establish the minimum front yard depth for the remainder of the frontage.
(a) 
See § 380-28, which establishes a maximum setback in certain cases.
C. 
Sight clearance at intersections.
(1) 
See the applicable provisions of Chapter 325, Subdivision and Land Development, for intersections of streets.
(2) 
In § 380-21, see the definition of "alley," which is distinguished from a street.
(3) 
Where a street intersects with an alley, a clear sight triangle shall be established, with one leg of the triangle 15 feet long along the edge of the right-of-way of the street and one leg of the triangle 15 feet long along the center line of the alley, with the two legs connected by a third longer leg.
(4) 
Where two alleys intersect, a clear sight triangle shall be established, with each leg of the triangle 15 feet long along the center line of each alley and with the two legs connected by a third longer leg.
(5) 
Within these clear sight triangles, no new sight obstruction shall be allowed that obstructs the views of motorists of oncoming vehicle and pedestrian traffic at a height between two and eight feet in elevation. To the maximum extent feasible, this clear sight triangle shall also be cleared of existing obstructions, such as by trimming vegetation.
D. 
Buffer yards. Buffer yards and screening complying with the following standards shall be required under the following situations. These buffer yard standards shall supersede the buffer planting requirements of Chapter 325, Subdivision and Land Development.
(1) 
Buffer yard width, when required. Buffer yards shall have a minimum width of 30 feet, except that the minimum width shall be 40 feet on land that was within a lot with an average lot depth of greater than 150 feet at the time of adoption of this chapter (prior to any later subdivision), unless a larger width is required by another provision of this chapter. Buffer yards shall primarily include evergreen plant screening and shall be required in the following situations, and where otherwise required by this chapter:
Buffer Yard to be Provided by the Following:
When the Use Providing the Screening and Buffer Is:
(a)
Along side and rear lot lines of any newly developed or expanded:
Abutting or across an alley from an existing dwelling within a residential district and visible from such dwelling
OR
Abutting an occupied existing primarily residential use, regardless of whether the dwelling is within a residential district
(1)
Principal commercial or industrial use;
(2)
Area of 4 or more new off-street parking spaces;
(3)
Outdoor industrial storage or loading area; or
(4)
Area routinely used for the overnight parking of 2 or more tractor-trailer trucks.
(b)
Along front lot lines of any newly developed or expanded:
Abutting and visible from a public street
(1)
Outdoor industrial storage or loading area; or
(2)
Area routinely used for the overnight parking of 2 or more tractor-trailer trucks.
(c)
In addition, a six-foot-wide buffer yard shall be provided where 4 or more new off-street parking spaces are proposed abutting to and visible from a public street.
(2) 
Location of buffer yards.
(a) 
The buffer yard shall be measured from the district boundary line, street right-of-way line or lot line, whichever is applicable.
(b) 
Plants needed for the visual screen shall not be placed within an existing street right-of-way. However, deciduous trees may be permitted by the Borough to be placed within a street right-of-way.
(c) 
The buffer yard may include areas within a required front, side or rear yard or a paved setback area, provided that the larger yard requirement shall apply in case of overlap.
(3) 
Characteristics of buffer yards.
(a) 
The buffer yard shall be a landscaped area free of structures, dumpsters, commercial or industrial storage or display, manufacturing or processing activity, materials, loading and unloading areas or vehicle parking or display.
(b) 
As a special exception use, the applicant may prove to the satisfaction of the Zoning Hearing Board that an alternative method of screening will satisfactorily avoid conflicts between uses and provide an attractive appearance. For example, the Board may approve a decorative brick wall to be placed between a loading area and an abutting street.
(c) 
Fence. Any fence in a buffer yard shall be placed on the inside of any required plant screening.
(4) 
Plant screen.
(a) 
Each buffer yard shall include a planting screen of trees or shrubs extending the length of the lot line.
(b) 
Each planting screen shall meet the following requirements:
[1] 
Plant materials needed to form the visual screen shall have a minimum height when planted of three feet. An initial height of two feet may be used where a parking area is intended to be visible from a street for security purposes. In addition, an average of one deciduous shade tree, with a minimum trunk diameter of 2.5 inches measured six inches above the ground level, shall be placed for each 60 feet of length of the buffer yard. The shade trees may be clustered or spaced unevenly. Where street trees are approved and provided in the right-of-way, or healthy existing trees will be preserved, those trees may serve in place of this shade tree requirement.
[2] 
Plants needed to form the visual screen shall be of such species, spacing and size as can reasonably be expected to produce, within five years, a mostly solid year-round visual screen at least six feet in height. However, where appropriate to provide security and oversight of a parking area from a street, species of plants shall be used that have a shorter mature height, and such plants should be trimmed to a maximum height of three to four feet.
[3] 
The plant screen shall be placed so that, at maturity, the plants will not obstruct a street or sidewalk.
[4] 
The plant visual screen shall be interrupted only at approved points of approximately perpendicular vehicle or pedestrian ingress and egress to the lot, at locations necessary to comply with safe sight distance requirements, and at locations needed to meet other specific state, borough and utility requirements.
[5] 
American arborvitae and similar weak-stem plants shall not be used to meet the buffer yard requirements. If more than 20 evergreen plants are proposed, no more than 50% shall be of one species.
[6] 
Where space allows, evergreen trees should be planted at diagonal offsets so that there is room for future growth of the trees.
(5) 
Buffer yard plans. See § 380-58E.
(6) 
Modifications.
(a) 
The Borough Council, or the Zoning Hearing Board in the event of a special exception or variance application, may require an applicant to install a solid fence, earth berming, a noise barrier or additional landscaping if the Council or the Board determines such feature is necessary to address noise conflicts or other nuisances between differing uses.
(b) 
As a special exception, the Zoning Hearing Board may approve a reduced buffer width where an attractive mostly solid wall or fence will be provided in addition to the landscaping and where the applicant proves the reduced width will still provide a sufficient buffer.
A. 
Any part of a commercial, industrial, institutional or apartment lot which is not used for structures, loading areas, parking spaces and aisles, sidewalks and designated storage areas shall be provided with an all-season, well-maintained vegetative ground cover and shall be landscaped with trees and shrubs. Landscaped areas shall be kept free of debris, rubbish and noxious weeds.
B. 
See also the buffer yard provisions in § 380-57.
C. 
Street trees. See the requirements of Chapter 325, Subdivision and Land Development.
D. 
Parking lot landscaping.
(1) 
One deciduous tree shall be required for every 15 new off-street parking spaces.
(2) 
If a lot will include 30 or more new parking spaces, landscaped islands shall be provided within automobile parking areas. Otherwise, the trees may be planted around the parking area.
(3) 
Trees required by this section shall meet the following standards:
(a) 
Type of trees permitted. Required trees shall be chosen from the following list of approved street trees, unless the applicant proves to the satisfaction of the Zoning Officer that another type of tree would shade paved areas, be resistant to disease, road salt and air pollution, and be attractive.
Types of Deciduous Trees Permitted to Meet Chapter Requirements
Acer rubrum — Red maple
Acer saccharum — Sugar maple
Celtis occidentalis — Common hackberry
Fagus sylvatica — European beech
Fraxinus americana — White ash
Fraxinus pennsylvania — Green ash
Ginko biloba fastigiata — Maiden hair tree (male only; female has noxious odor)
Gleditsia triacanthos — Thornless locust
Liquidambar styraciflua — Sweet gum
Liriodendron tulipifera — Tulip poplar
Quercus — All species of oaks
Sophora japonica — Scholar tree/pagoda tree
Tilia americana — American linden
Tilia cordata — Little leaf linden
Tilia euchlora — Crimean linden
Tilia petiolaris — Silver linden
Ulmus hybrids — Homestead or sapporo autumn gold
Ulmus parviflora — Chinese or lacebark elm, not including siberian elm
Zelkova serrata — Zelkova
NOTE: This chapter only regulates the species of trees that are used to meet requirements of the Borough. The species of trees that are not required by Borough ordinances are not regulated.
(b) 
Quality of trees. Required trees shall be of symmetrical growth and free of insect pests and disease.
(c) 
Minimum size. The trunk diameter (measured at a height of six inches above the finished grade level) shall be a minimum of two inches or greater.
(d) 
Planting and maintenance. Required trees shall be:
[1] 
Planted in conformance with good landscaping practices, with adequate unpaved surface around each for water and air; and
[2] 
Properly protected by curbs, curb stops, distance or other devices from damage from vehicles.
E. 
Landscaping maintenance. All shade tree, buffer yard and other landscaping required by this chapter shall be perpetually maintained by the property owner. Any landscaping needed to meet an ordinance requirement that dies, is removed, or is severely damaged shall be replaced by the current property owner as soon as is practical, considering growing seasons, within a maximum of 150 days.
F. 
Review. Where landscaping is required by this chapter, the applicant shall submit a site plan showing proposed initial sizes, locations and species of plantings and locations of any fencing in sufficient detail to determine compliance with this section. Such landscaping plan should be provided to the Borough Planning Commission for review.
A. 
Proof and registration of nonconformities. It shall be the responsibility of, with the burden of proof upon, a party asserting a nonconformity to provide the evidence that it is lawful. A property owner may request a written statement of nonconformity from the Zoning Officer after providing sufficient evidence.
B. 
Continuation. A lawful nonconforming use, structure or lot, as defined by this chapter, may be continued and may be sold and continued by new owners. Any expansion of, construction upon or change in use of a nonconformity shall only occur in conformance with this section.
C. 
Expansion of or construction upon nonconformities.
(1) 
Nonconforming structures.
(a) 
The Zoning Officer shall permit a nonconforming structure to be reconstructed or expanded, provided:
[1] 
That such action will not increase the severity or amount of the nonconformity (such as the area of the building extending into the required yard) or create any new nonconformity; and
[2] 
That any expanded area will comply with the applicable setbacks in that district and other requirements of this chapter.
(b) 
In the case of a nonconforming structure which is used by a nonconforming use, any expansion shall also meet the requirements of this section regarding nonconforming uses.
(c) 
Extension along a nonconforming setback. If an existing residential building has a lawfully nonconforming building setback, additions may occur to increase the height above such setback or to extend other portions of the building out to the nonconforming side or rear setback line, provided that:
[1] 
The structure shall not be extended beyond the existing nonconforming setback line;
[2] 
No additional nonconformity shall be created;
[3] 
The new nonconforming extension shall not be greater than 15% of the existing floor area;
[4] 
An absolute minimum three-foot setback shall apply in all cases;
[5] 
All other requirements of this chapter shall be met; and
[6] 
Such addition shall not be permitted for a nonresidential building that abuts an existing primarily residential use.
(2) 
Nonconforming lots.
(a) 
Permitted construction on a nonconforming lot. New permitted structures for a single permitted-by-right principal use and its customary accessory uses may be constructed, reconstructed or expanded on a nonconforming lot of record held in single and separate ownership as a permitted-by-right use if minimum setback requirements are met.
(b) 
Lot width. The fact that an existing lawful lot of record does not meet the minimum lot width requirements of this chapter shall not by itself cause such lot to be considered to be a nonconforming lot for the purposes of a permitted-by-right use.
(3) 
Expansion of a nonconforming nonresidential use. A nonconforming use or a building used by a nonconforming use shall not be expanded, except in accordance with the following provisions:
(a) 
An expansion shall require special exception approval from the Zoning Hearing Board under Article I, except that a one-time building floor area expansion of up to 5% may be permitted by right.
(b) 
Such reconstruction or expansion shall be only upon the same lot that the nonconforming use was located upon at the time the use became nonconforming.
(c) 
The total building floor area used by a nonconforming use or the total land area covered by the nonconforming use, whichever is more restrictive, shall not be increased by greater than 25% beyond what existed in the nonconforming use at the time the use first became nonconforming.
[1] 
The above maximum increase shall be measured in aggregate over the entire life of the nonconformity. All expansions of the nonconforming use and/or building(s) that occurred since the use originally became nonconforming shall count towards the above maximum increase.
(d) 
Any expansion of a nonconforming use shall meet the required setbacks and other requirements of this chapter, unless the Zoning Hearing Board grants a variance.
(e) 
Expansion of a nonconforming residential use. An existing nonconforming residential use may be expanded as a permitted-by-right use, provided that the number of dwelling units or rooming house units is not increased, the expansion meets all applicable setbacks, no new types of nonconformities are created, and a nonconformity is not made more severe.
(f) 
Nonconforming signs. The provisions of this chapter shall not be interpreted to provide a right to expand or extend a nonconforming sign. Instead, any expansions or extensions of a nonconforming sign shall comply with this chapter.
D. 
Damaged or destroyed nonconformities. A nonconforming structure that has been destroyed or damaged may be rebuilt in a nonconforming fashion only if the application for a building permit is submitted within 18 months after the date of damage or destruction, work begins in earnest within 12 months after permit issuance and continues, and no nonconformity may be created or increased by any reconstruction. The property shall be properly secured during such time in such a way to keep out trespassers and to avoid harm to neighboring properties.
E. 
Abandonment of a nonconformity.
(1) 
If a nonconforming use of a building or land is discontinued, razed, removed or abandoned for 12 or more months, subsequent use of such building or land shall conform with the regulations of the district in which it is located, except:
(a) 
As provided for in the "damaged or destroyed nonconformities" provisions of this section.
(2) 
The applicant shall be responsible to provide evidence that the nonconformity was not abandoned.
(3) 
An existing lawful separate dwelling unit may be unrented for any period of time without being considered abandoned under this chapter.
F. 
Changes from one nonconforming use to another.
(1) 
Once changed to a conforming use, a structure or land shall not revert to a nonconforming use.
(2) 
A nonconforming use may be changed to a different nonconforming use only if permitted as a special exception by the Zoning Hearing Board. However, special exception approval is not needed for a simple change within an existing building from one lawful nonconforming retail store use to another retail store use or from one lawful nonconforming personal service use to another personal service use, provided that the new use complies with any Zoning Hearing Board conditions that applied to the previous use and is not more objectionable in external effects than the previous use.
(3) 
Where special exception approval is required for a change of a nonconforming use, the Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equal or less objectionable in external effects than the preexisting nonconforming use with regard to:
(a) 
Traffic safety and generation (especially truck traffic);
(b) 
Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire, hazardous substances, and explosive hazards;
(c) 
Amount and character of outdoor storage;
(d) 
Late-night and early-morning hours of operation if the use would be close to dwellings; and
(e) 
Compatibility with the character of the surrounding area.
(4) 
A nonconforming use shall not be changed to a nonconforming adult use.
G. 
District changes. Any uses, structures or lots that become nonconforming because of a zoning district change shall be regulated under this section on nonconformities.
A. 
Any newly placed solid waste dumpster shall be screened on all sides as necessary to screen views from public streets and dwellings. Such screening shall consist of decorative masonry walls, mostly solid weather-resistant wood fencing or fencing of a similar appearance (such as white vinyl vertical planks). Primarily evergreen plantings are also encouraged in addition to the fence or wall. The fence or wall shall include a self-latching door or gate.
B. 
Setback from dwellings. An outdoor solid waste container with a capacity of over 25 cubic feet shall be kept the maximum distance that is feasible from any abutting dwelling, in the determination of the Zoning Officer, provided that the container is not in the minimum front yard. In any case, an outdoor solid waste container shall be kept a minimum of 25 feet from the lot lines of an abutting dwelling. A solid waste dumpster shall not be located in a minimum front yard.
C. 
If a solid waste dumpster is moved from one part of a lot to another part of a lot, then it shall come into compliance with this § 380-60.
D. 
All waste containers shall be completely enclosed, and the lid shall be kept in place. The locations of all dumpsters shall be shown on all site plans and land development plans submitted to the Borough.
E. 
This section shall not apply to dumpsters temporarily placed during actual construction or demolition on the premises or for recycling containers that do not involve garbage.