Adamstown City Zoning Code
ARTICLE VI
Supplementary District Regulations
§ 320-23 Applicability.
The provisions of this article shall apply to all uses, development and structures in the Borough, regardless of district, and shall be considered as additional conditions or restrictions to any other provisions in this chapter. To the extent anything contained in this article conflicts with any other provision of this chapter, the most stringent and restrictive provision shall apply.
§ 320-24 Erection of more than one principal structure on lot.
In any district more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot. In addition, such proposals shall gain approval for a land development plan and provide individually approved methods of water supply and sewage disposal.
§ 320-25 Required street access.
Each principal use hereafter established which involves buildings or structures for human occupancy shall be located and maintained upon a lot which abuts a public or private street or road for a distance of not less than is required in the applicable district.
§ 320-26 Exceptions to height regulations.
A.
The height limitations of this chapter shall not apply to church spires; farm structures when permitted by other provisions of this chapter (e.g., silos, barns, etc.); belfries, cupolas, penthouses and domes not used for human occupancy; chimneys, ventilators, skylights, water tanks, bulkhead and similar features; utility poles and standards; and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve and then only in accordance with any other governmental regulations.
B.
In any district any building may be erected to a height in excess of that specified for the district only by a special exception granted by the Zoning Hearing Board.
§ 320-27 Front-yard exception.
In all zoning districts other than the R-3 and MU Districts, where an unimproved lot of record is situated between two improved lots the front-yard requirements for the district may be modified so that the front yard may be an average of the adjacent existing front yards. Where an unimproved lot of record is adjacent to one improved lot which was developed prior to the enactment of this chapter the front yard requirements of the unimproved lot may be reduced to be compatible to the existing improved lot setback and required front yard.
§ 320-28 General lot and yard requirements.
A.
Corner lots.
B.
Through lots. Where a lot extends through from street to street, the applicable front-yard regulations shall apply on both street frontages. However, in the event of a complete system of through lots which are designed for reversed frontage, the front yard need only be along the more minor street of the subdivision.
C.
Flag lots. Flag lots shall not be created when lots can be designed to provide full frontage along a street. Flag lots shall conform to the requirements of Chapter 265, Subdivision and Land Development.
D.
Irregularly shaped lots. In the case of irregularly shaped lots, the minimum lot width specified in the district shall be measured at the minimum required front building setback line, provided that in no case shall the lot frontage measured at the street right-of-way line be less than 70% of the minimum lot width – except in the following situations: on culs-de-sac or courts or street center-line curves of less than 300 feet radius, where the lot frontage measured at the street right-of-way line shall not be less than 40% of the minimum lot width.
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E.
Projections into required yards.
(1)
Cornices, canopies, eaves or other architectural features may project into side yards a distance not exceeding 1 1/2 feet in those districts where the minimum required side yard is three feet; and three feet in those districts where the minimum required side yard is greater than three feet.
(2)
Bay windows, balconies, fireplaces, uncovered stairways and necessary landings, and chimneys may project a distance not exceeding three feet.
(3)
Patios, decks, paved terraces and open porches may be located in side and rear yards, provided that they do not extend closer than three feet from any property line, and may project into front yards not closer than 10 feet to the street right-of-way line. If located closer than 10 feet to any adjacent property line, they shall be screened in accordance with the provisions of this chapter. In case of a corner lot, no such structures shall extend into the required yard adjoining each street closer than 10 feet to the street right-of-way line.
(4)
Handicap ramps may be permitted in front yards in accordance with the following requirements:
§ 320-29 Minimum habitable floor area.
All dwelling units must conform to the minimum habitable floor area as required by the applicable codes in effect in the Borough, as they may be enacted and/or amended from time to time.
§ 320-30 Visibility at intersections.
No obstructions to vision exceeding 30 inches in height above curb level shall be erected or maintained within a seventy-five-foot clear sight triangle formed by the center line of intersecting streets.
§ 320-31 Landscaping and screening.
A.
Landscaping.
(1)
Any part or portion of a site disturbed by development activity, which is not used for buildings or other structures, loading and parking spaces and aisles, sidewalks and designated storage areas, shall be planted and maintained with landscaping.
(2)
Except for single-family detached, single-family semidetached and two-family detached dwellings, any part or portion of a site, which is not used for buildings or other structures, loading and parking spaces and aisles, sidewalks and designated storage areas, shall be landscaped according to an overall plan, prepared and approved as part of a land development plan required under Chapter 265, Subdivision and Land Development.
B.
Planting strip. All commercial, industrial and nonresidential uses shall be separated from all side and rear property lines and all street right-of-way lines by a planting strip. The planting strip may be included in the required yard space and shall be based on the following criteria:
(1)
In all districts except the R-3 Main Street Residential District, the planting strip shall be 10 feet wide, measured from the property line or street right-of-way line. In the R-3 Main Street Residential District, the planting strip abutting side property lines shall be five feet wide and abutting rear property lines shall be 10 feet wide. Said planting strip shall be planted in grass, shrubbery, trees, or other plant material, or decorative stone, but in no case shall these areas be paved or covered by an impervious surface. Said planting strip shall only be broken by approved entrances or exits.
(2)
Accessory buildings or structure shall be permitted within a planting strip, provided they conform to the specific district requirements of this chapter.
(3)
Exception. No planting strip is required along a side or rear property line when the side or rear property line abuts a public alley.
C.
Screening.
(1)
Screening requirements shall be applicable under the following circumstances:
(a)
Where a proposed commercial, industrial or institutional use abuts an existing residential use or residential district.
(b)
Where any proposed multifamily residential use abuts an existing single-family detached, single-family semidetached or two-family dwelling.
(c)
Any other instance where screening is required by this chapter.
(2)
Screening shall comply with the design requirements of Chapter 265, Subdivision and Land Development.
(3)
Exception. No screening is required along a side or rear property line when the side or rear property line abuts a public alley.
D.
Off-street parking areas.
(1)
Wherever a parking area of over five spaces abuts or is within 15 feet of the side or rear lot line of a lot in any residential district, the parking area shall be screened from such adjoining lot by a substantial wall, fence or thick hedge.
(2)
Whenever a parking area of over five spaces is located across the street from other land in any residential district, it shall be screened from the view of such land by a thick hedge, wall or fence, located along a line drawn parallel to the street and a distance of 20 feet therefrom; such screening to be interrupted only at points of ingress and egress.
E.
Service, loading and trash disposal areas.
(1)
All service, delivery, loading and outdoor storage and trash disposal areas shall be screened from all residential districts, public streets, parking lots and pedestrian walkways.
(2)
These areas shall be totally screened from the above-listed places by the use of fences, walls, berms, evergreen plant material, or a combination of these, not less than six feet in height.
§ 320-32 Outdoor storage.
A.
Outdoor storage of raw materials and finished products shall be completely screened from view of any adjacent residential use. Screening shall consist of evergreen plantings, architectural screen, or approved safety fence, in accordance with the requirements of § 320-31.
B.
No storage shall be permitted within the front yard of any lot.
C.
Outside storage of raw materials and/or finished products shall be permitted only within the buildable area of the lot to the rear of the front building wall of the principal building and shall not exceed 20 feet in height.
D.
All organic refuse or garbage shall be stored in tight, verminproof containers. In multiple-family, commercial, industrial and other nonresidential developments, garbage storage shall be centralized to expedite collection and enclosed on three sides by architectural screen or plantings.
§ 320-33 Temporary structures for dwelling purposes.
A.
No cabin, mobile home, garage, basement or other temporary structure, whether of a fixed or mobile nature, may hereafter be erected or established for any dwelling purpose for any length of time unless approval for temporary use is granted as a special exception by the Zoning Hearing Board.
B.
However, temporary occupancy of a tent, travel trailer, camper or motor home shall be permitted within an approved campground or for periods of up to 14 days in any calendar year on the property of a friend or relative.
§ 320-34 Accessory uses.
Nothing in this article shall be construed to limit other uses not mentioned so long as they are clearly accessory to the principal permitted use of the land and do not create a threat to the public health, safety and/or welfare of the community.
§ 320-35 Accessory buildings and structures.
A.
An accessory building attached to a principal building shall comply in all respects with the yard requirements of this chapter for the principal building.
B.
Detached accessory buildings.
(1)
Detached accessory buildings shall be located to the rear of the front building line of the principal building and shall conform to the side-yard requirements in respect to the principal building.
(2)
Detached accessory buildings constructed at the same time may be located in pairs or groups on contiguous lots in the required rear yards along the common side lot line or rear lot line.
(3)
Accessory buildings for principal uses other than residential shall be located not closer than 20 feet to any side or rear property line abutting a residential district or lot used for residential purposes.
(4)
Detached private garages and carports shall be permitted in any zoning district, provided the following requirements are met.
(a)
Maximum capacity: three cars.
(b)
Maximum height: 20 feet. This maximum height can be increased by a special exception granted by the Zoning Hearing Board.
(c)
No temporary structures shall be permitted.
(d)
No structure shall be permitted between the building setback line and the street right-of-way line.
(e)
No structure shall be located within the minimum side yard of the prevailing district.
(f)
No structure shall be located within 10 feet of the rear property line.
(5)
Other detached accessory buildings. Other accessory buildings shall be permitted in any zoning district, provided the following requirements are met.
(a)
Minimum distance between buildings: 10 feet;
(b)
Maximum height: 20 feet.
(c)
No structure shall be within 10 feet of any property line.
(d)
No structure shall be permitted between the building setback line and the street right-of-way.
(e)
Detached accessory buildings for permitted attached and semidetached dwellings shall be located no closer than five feet from any side lot line formed by a building party wall.
(6)
Detached accessory buildings in nonresidential districts. In the CONS, W, INS, HC and I Districts, the following additional regulations apply:
(a)
An accessory building on that portion of a lot not included in any required yard shall conform to the height regulations for principal buildings.
(b)
Accessory buildings located in a rear-yard area shall not exceed 20 feet in height and shall be a minimum of 10 feet from the rear property line. This maximum height can be increased by a special exception granted by the Zoning Hearing Board.
C.
Flagpoles. Flagpoles are permitted as an accessory use to residential dwellings and nonresidential uses, subject to the following:
(1)
Flagpoles shall be limited to 30 feet in height. Zoning permit applications for flagpoles shall include engineering calculations to verify the structural integrity of the base and the capability of the pole to withstand a sustained wind speed of 65 miles per hour without any flag(s) attached.
(2)
The structure shall be set back a minimum of 10 feet from all front, side and rear property lines.
(3)
The height of a flagpole may be increased above the thirty-foot height limitation by a special exception granted by the Zoning Hearing Board. In addition to the submission and approval of engineering calculations as described in Subsection C(1) above, flagpoles approved for a height in excess of 30 feet shall be subject to increased setbacks, as follows:
(a)
The minimum required setback shall be equal to 10 feet plus a distance at least equal to the additional height of the structure above 30 feet.
(b)
For example, a forty-foot-high flagpole would require a minimum setback from all property lines of at least 20 feet.
10 feet + (40 - 30 = 10 feet) = 20 feet |
§ 320-36 Fences, walls or hedges.
A.
In the R-1, R-2, R-3, MU and INS Districts, no fence or wall shall exceed four feet in height in front of any front building line. A front fence shall be behind the sidewalk. Side fences shall be considered to begin behind the front building line and shall not exceed six feet in height. Fences along the rear property line shall not exceed six feet in height. No fences shall be constructed from secondhand material or scrap metal.
[Amended 11-2-2021 by Ord. No. 409]
B.
In the CONS, W, HC and I Districts, fences may be erected to a height not exceeding eight feet along the side and rear lot lines, with the following exceptions:
(1)
No fence shall exceed six feet in height along any side lot line between the front property line and the front setback line, nor across the front of any property in commercial or industrial use forward of the abutting property's front setback line.
(2)
Where such lots abut upon property zoned residential, the fences may not exceed six feet in height along lot lines where so abutting without a special exception being granted by the Zoning Hearing Board and, in no case, shall such a special exception permit a fence of greater than eight feet in height.
C.
Fences surrounding tennis courts and other recreational accessory structures (i.e., basketball courts, etc.) may be erected to a height not exceeding 10 feet, subject to the further requirements of § 320-41.
D.
Except for fences surrounding a tennis court or recreational accessory structure under § 320-36C above, no fence shall be erected to exceed eight feet anywhere on any lot in the Borough.
E.
Electric fences are prohibited within the Borough limits, with the exception of underground electronic fences for the purpose of pet containment (i.e., Invisible fences®) provided that such fences are located solely within the boundary for the property they serve. The installation of underground electronic pet containment fences shall require approval of zoning permits.
[Amended 11-2-2021 by Ord. No. 409]
F.
Barbed/razor wire fences are permitted only when required for security at a utility/essential services facility and only upon approval of the Borough Council as a conditional use.
G.
Unless otherwise regulated, hedges may be permitted in any required yard or along the edge of any yard. However, no hedge along the sides or front edge of any front yard shall be over 30 inches in height and shall not obstruct visibility.
H.
Any hedge placed for the purposes of screening shall be set back off the property line.
I.
No fences, walls or hedges shall be located in the clear sight triangle of any street or public roadway.
J.
Common fences or walls between properties may be installed provided the affected property owners have made a mutual agreement for the location, size and type of fence. If a fence is to be installed on a shared property line, the permit application must include a written notarized statement signed by all affected property owners. Failure to reach mutual agreement shall cause the erecting party to follow setback requirements for the installation. If there is a conflict between owners of a residential property and a commercial property, regulations pertaining to a commercial property shall take precedence. A minimum setback distance from the property line of 24 inches should be established to allow the property owner to access the back side of the fence to maintain his property.
[Amended 11-2-2021 by Ord. No. 409]
§ 320-37 Landscaping (retaining) walls.
In all zoning districts, walls for landscaping purposes may be erected in required yard setbacks but shall not be located closer than two feet from property lines, street and utility rights-of-way, or in clear sight triangles. Landscaping walls shall only be constructed of masonry or landscape timbers and shall be maintained in good condition. Retaining walls up to four feet in height are permitted by right without the requirement for a zoning permit; however, retaining walls in excess of four feet in height do require a zoning permit.
§ 320-38 Private outdoor swimming pools, spas and whirlpools.
A.
The word "pool" shall have the same meaning as swimming pool, spa or whirlpool and shall be classified as an accessory use. No private swimming pool, spa or whirlpool shall be erected or constructed in the Borough except in accordance with a permit therefor previously obtained from the Zoning Officer upon written application accompanied by a plan showing the size, shape and location of the swimming pool and its enclosure and such other information as may be necessary for the Zoning Officer to determine whether the pool complies with this chapter. Private swimming pools, spas or whirlpools shall be subject to the following conditions in this section.
B.
For the purpose of this section, a private swimming pool, spa or whirlpool shall mean any reasonably permanent pool or open tank not located within a completely enclosed building, whether or not affixed to the land, and containing or normally capable of containing water to a depth at any point greater than two feet. Ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction.
(1)
Such pool may be erected or installed in any required side yard or rear yard, but not in the required front yard.
(2)
The pool shall not be located closer to the front of the lot than the front wall of the principal building.
(3)
A private swimming pool may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than 10 feet to any property line of the property on which it is located.
(4)
The swimming pool area or the entire property on which it is located shall be so walled or fenced as to prevent uncontrolled access by children and stray animals. Said barrier shall be at least four feet in height, but not in excess of six feet in height, and shall have a self-locking-type gate. Pool cages are also permitted.
(5)
An approved temporary construction fence shall be erected around the excavation site during the construction of an in-ground pool and shall remain in place until the permanent fence is installed.
(6)
Spas and whirlpools may have alternate means other than fences to prevent unauthorized use.
(7)
All swimming pools must be properly filtered and treated with approved treatment during the time they are in use according to the manufacturer's or installer's recommended specifications.
(8)
Water shall not be placed into a swimming pool until a certificate of use and occupancy has been issued.
(9)
The draining of any pool shall not affect other properties, water or sewerage facilities, or streets.
(10)
Open private swimming pools and related bathhouses are considered "structures" for the purpose of this chapter and shall be counted as building area in computing the lot coverage.
§ 320-39 Ornamental ponds and wading pools.
A.
Ornamental ponds and wading pools shall comply with all residential accessory use setbacks as specified in the governing zoning district;
B.
No such pond or pool shall contain more than 450 cubic feet of water. All ponds, pools or other impoundments exceeding the requirements of this section shall be considered as man-made ponds, dams and impoundments and are subject to the criteria listed in § 320-40 of this chapter;
C.
No such pond or pool shall have a length or diameter exceeding 15 feet or a maximum depth exceeding two feet;
D.
All such ponds or pools shall be maintained so to not pose a nuisance by reason of odor or the harboring of insects; and
E.
No such pond(s) shall be used for the commercial hatching of fish or other species;
§ 320-40 Man-made ponds, dams and impoundments.
A.
All dams, ponds and impoundments may be permitted in the CONS and W Districts, subject to the following.
B.
All dams, ponds and impoundments located along and connected to a stream that involve any of the following shall require the obtainment of a permit from the PADEP Bureau of Dams and Waterways Division of Dam Safety or a letter indicating that the proposed use does not require a PADEP permit:
C.
All dams, ponds and impoundments not contiguous to a stream that have an intake, outlet, or both, and/or have an embankment within 50 feet of a stream shall require the obtainment or waiver of a permit from the PADEP Bureau of Dams and Waterways Division of Waterways and Stormwater Management.
D.
All dams, ponds and impoundments shall be located at least 75 feet from any subsurface sewage disposal system or well.
E.
All other dams, ponds and impoundments require the submission of a statement by a qualified engineer that the proposed use is properly constructed and will not pose a threat to the public safety nor the environment during normal flow conditions and those associated with the base flood. All dams shall be constructed to a height of one foot above the water surface elevation occurring during the base flood.
F.
Requirements for fencing. All ponds constructed within areas subject to livestock shall be enclosed by fencing that prevents livestock from trampling the pond's shores and polluting the waters.
G.
Maintenance. All ponds shall be regularly maintained and floating debris shall be removed from all pipes and spillways. All ground cover shall be trimmed. Weeds, brush and trees shall not be permitted to grow on the dam or spillway.
§ 320-41 Tennis courts and other recreational accessory structures.
No tennis court or other residential recreational accessory structure shall be located within any minimum yard requirement. Tennis courts are also subject to the following:
A.
No facility shall be permitted unless it is protected by an open-mesh permanent fence 10 feet in height behind each baseline, extending 10 feet beyond the playing area in each direction.
B.
No facility, including fence, shall be permitted to be located within 10 feet of any property line, nor exceed 10 feet in height, unless approved by special exception from the Zoning Hearing Board.
C.
No facility, including fence, shall be located closer to the front of the lot than the front wall of the principal building.
D.
If lighting is provided, it shall be arranged so that there is no objectionable glare on adjoining properties.
§ 320-42 Hitching posts.
In any residential area, hitching posts may be installed, provided that no part of animal or conveyance is permitted to stand on streets or in the public right-of-way. In all other nonagricultural areas, except as provided for elsewhere in this chapter, animals and conveyances shall be parked only in properly designated areas or at hitching posts installed for such purpose.
§ 320-43 Phone booths, automatic bank teller machines and similar structures.
A.
Public phone booths, freestanding bank teller machines, and similar structures are be permitted in the R-3 Main Street Residential; MU Mixed Use; HC Highway Commercial and I Industrial Zoning Districts.
B.
Such structures shall not interfere with motor vehicle or pedestrian traffic in any manner.
C.
All applicable federal and state regulations, if any, are observed.
§ 320-44 Satellite dish antennas.
The following types of satellite dish antennas shall be allowed in all districts and shall not require a permit for same, but shall observe setback regulations if applicable.
A.
Dishes that are one meter (39.37 inches) or less in diameter for private TV reception or Internet access.
B.
Dishes used for credit card or other business transactions, usually placed on rooftops.
C.
The location of all satellite dish antenna must comply with the setback restrictions for the principal use and shall not be located in front of the principal building, unless applicable provisions of the Federal Communications Commission would be violated.
D.
All ground-mounted satellite dish antennas located within the Industrial or Highway Commercial District that are used to transmit video-format data shall be completely enclosed by an eight-foot-high nonclimbable fence that includes signage warning of dangerous radiation levels. Any gates within the fence shall be locked when unattended. Satellite dish antennas within the Industrial or Highway Commercial District shall comply with all principal use standards.
§ 320-45 Personal ham/amateur radio antennas and towers.
Such devices are permitted in any zone as an accessory use to a principal residence, provided that freestanding towers are not located within the front yard and that all towers are set back a horizontal distance from each property line at least equal to their height.
§ 320-46 Refuse collection (dumpster) stations.
Outdoor collection stations shall be provided for garbage and trash removal when individual collection is not made and indoor storage is not provided. In addition to the requirements of Chapter 265, Subdivision and Land Development, the following shall also apply:
§ 320-47 Animals and animal shelters.
A.
In any zoning district, it is permitted to maintain up to three each of the following over 12 months of age: dogs, cats, rabbits and similar small nonfarm animals as domestic pets, provided that it is on a noncommercial basis and the area on which a shelter and/or exercise pen is maintained is suitably enclosed and is located in the rear yard at least 10 feet from any lot line.
B.
In any zoning district, it is permitted to maintain pigeons and fowl up to a total of 12, provided it is in the rear yard; it is on a noncommercial basis and is strictly as an incidental use,; the area in which the fowl or pigeons are kept is enclosed by a fence that will contain them, all parts of which are at least 10 feet from any lot line, and it is not closer than 100 feet to the nearest dwelling other than that of the owner.
C.
The keeping of horses shall be permitted by right only in the Low Density Residential (R-1) District, the Medium Density Residential (R-2) District and the Woodland (W) District, subject to the following:
(1)
A three-acre minimum lot area is required.
(2)
The number of such animals shall not exceed the equivalent of one animal unit per acre.
(3)
The building or area within which such animals are kept shall be enclosed by a fence or other form of enclosure designed for containment.
(4)
Such fence or other form of enclosure shall be at least 50 feet from any lot line and not closer than 100 feet to the nearest dwelling other than that of the owner, unless documentation in the form of a written agreement with the adjoining property owner(s) is provided.
D.
Wild or exotic animals held in captivity shall be permitted only by special exception and only in the Woodland District, subject to the following:
(1)
A three-acre minimum lot area is required.
(2)
The number of such animals shall not exceed the equivalent of one animal unit per acre.
(3)
Said animals shall be maintained only within the rear-yard area.
(4)
The building or area within which such animals are kept shall be enclosed by a fence or other form of enclosure designed for containment.
(5)
Such fence or other form of enclosure shall be at least 50 feet from any lot line and not closer than 100 feet to the nearest dwelling other than that of the owner, unless documentation in the form of a written agreement with the adjoining property owner(s) is provided.
(6)
The total area of all shelters and/or enclosures shall not exceed 20% of the total lot area.
(7)
All such animals shall be maintained in accordance with the regulations and/or permit requirements of the Pennsylvania Game Commission and other applicable agencies.
E.
The maximum building area occupied by an animal shelter in any zoning district shall not exceed 10% of the combined building areas occupied by all other principal and accessory buildings on the lot.
§ 320-48 Water supply and sewerage facilities required.
In the interest of protecting the public health, safety and welfare, every new building or structure hereafter erected upon any premises and used in whole or in part for dwelling, commercial or recreational business or industrial purposes shall be connected to both the public water and the public sewer systems.
§ 320-49 Nuisances prohibited (general).
No building may be erected, altered or used, and no lot or premises may be used for any activity that is continuously noxious, injurious or offensive by reason of dust, smoke, refuse matter, odor, gas, fumes, noise, vibration, illumination or similar substances or conditions.
§ 320-50 Slope control regulations.
The areas to be regulated by these controls are shown generally on the topographic map which is on file in the Borough office; however, these controls shall apply to all areas of the Borough where the conditions are applicable to all zoning districts. It is the purpose of these regulations is to protect slopes, to limit the amount of the removal of natural resources, protect the watershed areas, and to minimize erosion of the soil.
A.
Upon the receipt of an application for a building permit, the Zoning Officer may require that a registered surveyor or professional engineer prepare a site plan, which shall show the degree of slope.
B.
Slope controls. If more than 50% of the minimum required lot area is composed of slopes which exceed 25%, a minimum lot area of one acre is required for each principal building to be constructed.
§ 320-51 Public utility corporations.
The provisions of this chapter shall not apply to any existing or proposed building, or extension thereof, used or to be used by a public utility corporation if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. It shall be the responsibility of the Pennsylvania Public Utility Commission to ensure that both the corporation and the Borough have notice of the hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties and otherwise exercise the rights of a party to the proceedings.
§ 320-52 Mobile homes.
Individual mobile homes will be considered single-family detached dwellings if they conform with all requirements for single-family detached dwellings and with the following additional criteria:
A.
All mobile homes shall be set upon and securely fastened to a permanent foundation of block or concrete, with concrete footings extending at least 36 inches below finished grade that will not heave, shift, settle or move due to frost action, inadequate drainage, or other forces acting on the superstructure. In addition to the foregoing, the mobile home foundation will be provided with devices for anchoring the mobile home to the foundation to prevent overturning or uplift of the mobile home. The anchoring device should be in the form of anchor bolts, fastened securely to the base frame of the mobile home and anchored to the concrete footing with adequate anchor plates or hooks.
B.
All wheels and any removable hitch shall be removed from the mobile home and either removed from the lot or placed within a building.
C.
The construction of all mobile homes shall conform to the requirements of Act No. 69 of the General Assembly of the Commonwealth of Pennsylvania, enacted May 11, 1972, and any other state or federal laws or regulations, and no mobile homes shall be modified or improved without strict compliance with this Act and all other provisions.
D.
An enclosure of compatible design and materials shall be erected around the entire base of the mobile home. Such enclosures shall provide sufficient ventilation to inhibit decay and deterioration of the structure.
§ 320-53 Forestry activities.
In accordance with the requirements of Section 603(f) of the MPC, as amended by Act 68 of 2000, forestry, including the harvesting of timber, is permitted as of right in all zoning districts within the Borough, subject to the provisions generally applicable to all uses in the district in which such land is located. If in the future the General Assembly amends the MPC to repeal Section 603(f) or to remove the requirement that forestry be permitted in all zoning districts in every municipality, this section will be of no further force or effect.[1]
§ 320-54 Demolition of historic resources.
A.
No historic resource as defined by this chapter shall be demolished or moved from its original foundations without review and approval as a conditional use by the Borough Council. As part of the review by Borough Council, the applicant must address each of the following specific criteria:
(1)
That it is not feasible to continue the current use.
(2)
That other uses permitted within the underlying zoning district, either as permitted uses, special exception uses, or conditional uses, have been denied or are not feasible due to constraints on the building or structure.
(3)
That adaptive-use opportunities do not exist due to constraints related to the building, structure or property.
(4)
That the building, its permitted uses, and adaptive-use potential does not provide a reasonable rate of return, based on a reasonable initial investment.
(5)
That the applicant has not contributed to the existing conditions, either through neglect or prior renovation, conversion, alteration or similar physical action.
(6)
That the demolition will not adversely affect the character of the neighborhood or community.
(7)
That any proposed new building(s), structures(s) or use(s) of the property will not adversely affect the character of the neighborhood or community.
(8)
That the building is structurally unsound.
B.
No permit for the demolition or moving of a historic feature from its original foundations shall be issued until the Borough Council has reviewed the request and approved the request as a conditional use.
C.
Any historic resource that has been approved for demolition shall be photo-documented to provide a permanent historical record of what existed on that property. Photos shall include all exterior elevations and architectural features as well as a sufficient number of interior photos to convey the interior layout of the building. A photo key should also be provided. In addition, the applicant is encouraged to have the building dismantled and salvaged for reusable building materials and architectural features.