Within the districts established by this chapter, or amendments that may later be adopted, there exist:

It is the intent of this chapter that any lawful use of a structure or land existing at the effective date of this chapter may be continued although such use does not conform to the provisions of this chapter. Such uses may be sold or otherwise transferred to other owners and continued as nonconforming uses.

No fence, wall or other similar structure and no hedge, shrubbery or other similar vegetation shall exceed a height of six feet.

On any lot, no fence, wall or other structure and no hedge, shrub or other vegetation shall obstruct or interfere with the visibility of vehicular traffic on the abutting streets or alleys, or with the visibility of vehicular traffic from a driveway on the owner's lot or any adjacent lot.

To prevent the creation of a traffic hazard by impairing the view at a street intersection, a clear sight triangle shall be maintained. Such triangle shall consist of the center lines of the intersecting streets or alleys and a line joining points on such center lines 75 feet in each direction from their point of intersection. Within this triangular area, no fence, wall or other structure and no hedge, shrub or other vegetation shall exceed a height of 3 1/2 feet above the surface of the intersection.

No fence other than an ornamental fence, as defined, less than 30 inches in height, shall be erected in a required front yard.

In case of flat roof structures: highest point of coping.

In case of mansard roof structures: deck line of roof.

In case of gable or hipped roof: highest point of roof.

The seller must be a bona fide resident of the premises at which the event is held or, if more than one seller is involved one must be a resident of the premises and all must be residents of Beaver Borough.

The merchandise offered shall consist only of items of clothing or household goods belong to the seller(s).

The merchandise offered shall not consist of goods purchased by the seller(s) for the purpose of resale.

A yard sale shall not continue at a particular site for more than two consecutive days.

No more than two yard sales may be conducted at one site in a calendar year.

A permit issued by the Borough is required for each yard sale. The permit shall be issued promptly upon the filing of a completed application with the Borough.

A maximum of three signs advertising or giving directions to the yard sale may be posted within the Borough. These signs are subject to all of the terms of § 27-1602 of this chapter.

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

No employees other than family members who reside in the dwelling may work from the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use including, but not limited to, parking, signs or lights.

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

The business may not involve any illegal activity.

No structure or uses shall be permitted in the bufferyard, other than active or passive recreation facilities and stormwater management facilities, provided the structures or uses do not interfere with the required plantings in the bufferyard and provided all plantings are located outside any stormwater management structure. Structures or uses not permitted within the required bufferyard include, but are not limited to, buildings, accessory structures, parking spaces, access drives and lighting devices.

Openings for driveways shall be permitted to cross a required bufferyard. Plantings in the bufferyard shall be located so as to not obstruct vision for traffic entering and leaving the site and shall be subject to the clear sight triangle requirements of this chapter.

In the event that existing vegetation and/or existing topography provides screening which is adequate to meet the intent of the required bufferyard to screen the buildings, activities and parking areas from adjoining residential properties, the Borough Council, upon recommendation by the Planning Commission may determine that existing topography and/or vegetation constitutes all or part of the required bufferyard. If such a determination is made and the size of the bufferyard warrants it, the applicant may be required to record a conservation easement of the depth specified by the Borough Council to guarantee that the existing topography and/or vegetation will not be disturbed or removed from the approved bufferyard.

None of the plantings in the required bufferyard shall encroach across any property line. All plantings shall be located a minimum of 2 1/2 feet from the property line which constitutes the exterior boundary of the bufferyard.

In the event that a public street right-of-way, dedicated and accepted by the Borough or any dedicated right-of-way recorded in a plan of subdivision, whether or not accepted by the Borough, separates the two dissimilar uses specified, the bufferyard shall not be required (except as otherwise specified), provided the width of the right-of-way equals or exceeds the width of the required bufferyard and one row of low level plantings or a landscaped earthen mound is provided on the property to screen headlights from view as described in this section.

Bufferyard "A" shall contain two rows of plantings. Each row shall consist of a mixture of deciduous and evergreen trees which are a minimum of 60% evergreen, spaced within the row 10 feet apart, measured from the vertical center lines of adjacent trees. The two rows shall be staggered which shall result in adjacent trees on two different rows being no more than five feet apart, measured from the vertical center line of the trees. The depth of Bufferyard "A" shall be a minimum of 20 feet as measured from the property line.

Bufferyard "B" shall contain one row of plantings consisting of a mixture of deciduous and evergreen trees which are a minimum of 60% evergreen spaced within the row 10 feet apart, measured from the vertical center line of the trees. The depth of Bufferyard "B" shall be a minimum of 15 feet as measured from the property line.

Bufferyard "C" shall be comprised of a continuous, compact evergreen hedge or line of evergreen trees that will grow together when mature which are a minimum of six feet in height at the time of planting (seven feet at maturity). The depth of Bufferyard "C" shall be a minimum of 10 feet as measured from the property line. Bufferyard "C" shall be used in conjunction with all required service area screening.

Where 20 or more parking spaces face the required bufferyard, in addition to the required trees, the required plantings and/or earthen mounding specified in this section, shall be provided.

Bufferyard "A" shall be required.

Bufferyard "B" shall be required.

Bufferyard "C" shall be required.

Where 20 or more parking spaces face the bufferyard, in addition to the required trees, a row of low level evergreen shrubs or hedges shall be planted, or earthen mounding shall be constructed in the bufferyard which shall provide a year-round visual screen capable of acting as a barrier to light beams emanating from the headlights of motor vehicles. These low level shrubs or hedges or mounds shall be installed so that a person facing a motor vehicle with the shrubs or hedges or mounds between him/her and the vehicle could observe the vehicle's low beam lights only as a result of the diffused or reflected light from the headlights and not because the direct beam from those lights was observable. The earthen mound shall be a minimum of three feet in height at its center point with a minimum width at the base of 10 feet. Low level shrubs or hedges shall be a minimum of three feet at the time of planting.

Planting required in bufferyards cannot be substituted for any required planting mandated in this section.

Where bufferyards are required and in land developments where additional landscaping is required, a landscaping plan, with detailed drawings, shall be submitted with the application for approval of the land development and this landscaping plan shall contain and show the following information:

For nonresidential developments which have a building or buildings with a gross floor area of 10,000 square feet or more and/or which have parking areas containing more than 50 spaces, a landscaping plan shall be required which shows compliance with this section, subject to approval by the Borough.

For residential land developments containing townhouses or garden apartments on lots which have a total area of one acre or more, at least one deciduous tree shall be planted for each 10 multiple family dwelling units or portion thereof.

All trees which are required to be planted as per the regulations of this section shall be a minimum of two inches in diameter at a point one foot above the ground at the time of planting measured along the trunk of the planted tree which tree shall be planted in accordance with accepted conservation practices.

Whenever an open parking area abuts a public street, a planting strip, at least five feet in depth, planted and maintained with shrubbery, trees or other landscape or decorative materials, shall be installed across the entire frontage of the property in order to prohibit vehicles access, except at approved ingress and egress points.

In all zoning districts, all areas not utilized for buildings, structures, screening, parking facilities, driveways or other paved areas shall be graded to conform to existing contours on adjacent properties and to contain stormwater runoff on the lot. These areas shall be seeded, sodded, or landscaped within one year following the completion of grading and/or construction activities. Continued maintenance of soil erosion and sedimentation control techniques as approved by the Borough Engineer or person authorized by Borough Council, shall be required until such planting can be accomplished.

Floodway Delineation. One-hundred-year floodways shall be delineated as per the provisions of the current Borough ordinance. Within the floodway, the following uses and activities having a low flood damage potential and not obstructing flood flows shall be permitted, in addition to those uses listed, provided that they are in compliance with the provisions of the underlying district. Where an overlap occurs and are not prohibited by any other ordinance, and do not require structures, fill or storage of materials and equipment:

Floodplains. For the purpose of this section, normally dry land area adjacent to stream channels, that is susceptible to being inundated by overbank stream flows. Development and redevelopment activities shall be regulated as per the provisions of Part 13, "FP Floodplain District."

Steep Slopes. In areas of steep slopes, i.e., those above 15%, the following standards shall apply, except as approved by the Borough Engineer or person authorized by Borough Council.

Forest. No more than 50% of any forest as defined may be cleared or developed, unless trees are the primary crop being harvested.

Ponds, Watercourses or Wetlands. No development, filling, piping or diverting shall be permitted except for required roads and utility line extensions, unless permitted by the appropriate state, county or regulatory agency.

Stormwater Drainage and Management. All plans shall comply with the provisions of the Beaver Borough Subdivision and Land Development [Chapter 22], and all amendments thereto.

Soil Erosion and Sedimentation. With any earth disturbance there shall be control of erosion and the protection of streams and ponds from sedimentation in accordance with the Clean Streams Law, P.L. 1987, 35 P.S. § 691.1 et seq., 25 Pa. Code, Chapter 102, and the "Soil Erosion and Sedimentation Control Manual" of the Pennsylvania Department of Environmental Protection. In addition, a soil erosion and sediment control plan (ES & SC plan) shall be required as part of the application for any Borough permit where earth disturbance or excavation will occur. As a minimum where sediment can be transported away from the disturbed area, a silt fence or straw bale barrier shall be erected and maintained in working order until vegetation is fully established as determined by the Pennsylvania Department of Environmental Protection, or erosion resistant ground cover has been installed. Additional sediment pollution control measures may be required where land development is more extensive than single-family construction.

No highly flammable, explosive or toxic liquids, solids or gases shall be stored in bulk (over 500 gallons), above ground, except in an enclosed building and except new tanks or drums of fuel connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel.

All new permanent bulk outdoor storage facilities for fuel over 500 gallons, raw materials and products stored outdoors, shall be enclosed by an approved safety fence.

No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the lot by natural causes or forces; nor shall any substance which can contaminate wells, watercourses, or potable water supplies otherwise render such wells, watercourses, or potable water supplies undesirable as sources of water supply or recreation; nor shall any substance which will destroy aquatic life be allowed to enter any wells, watercourses, or potable water supplies, where applicable. A Pennsylvania Department of Environmental Protection approved plan for spill containment shall be submitted to the Borough for review by the Borough Engineer or person authorized by Borough Council, prior to the issuance of any required permit.

Any materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards.

Residential Uses.

Commercial Uses. In excess of 90 dba for more than two hours during a twenty-four-hour period, with the exception of hand-held maintenance equipment including, but not limited to, power mowers or pressure washers on a temporary basis.

All portions of the property shall be kept free of junk, debris, disabled or unregistered motor vehicles, unless confined in a building or partially enclosed carport, and dangerous, or noxious material.

All plantings, grass, shrubbery and trees shall be maintained in a healthy condition, and trimmed at appropriate intervals, as needed.

In commercially zoned areas, all vehicles and movable equipment repair done on the property shall be performed within an enclosed building, except that minor maintenance activities may be completed on the exterior of a lot where space has been provided for the temporary parking or storage of vehicles and movable equipment.

In residentially zoned areas, minor vehicle maintenance activities on vehicles owned by the occupant may be conducted in driveways, but in no case shall repairs be made on vehicles and movable equipment which would result in the storage of said vehicles or movable equipment on the exterior of the lot for more than 48 hours, unless said vehicles are stored in an enclosed building.

No accessory structure accommodating a permitted accessory use shall exceed 16 feet in height at its highest point as measured from the finished floor elevation.

No accessory structure shall be designed, constructed or used for human occupancy, regardless of the addition of culinary or toilet facilities or both.

The second floor of an accessory structure shall not exceed 50% of the floor area of the first floor.

Scale of accessory structures. No single accessory structure or combination of accessory structures on a lot in any zoning district shall exceed in lot coverage 50% of the area of the footprint for the permitted principal use, to a maximum of 600 square feet, but in no case shall the accessory use be accommodated in an accessory structure exceeding 900 square feet in gross floor area, with the exception of the following:

Accessory structures shall be situated a minimum of five feet from the principal structure at the closest point except as otherwise provided for.

Exterior Merchandise Display. An occupant of a building in an RC-1 District may display merchandise on the exterior of its business location subject to the following conditions:

Merchandising shall not be conducted in an area greater than 36 inches from the facade of the subject business location. The application shall require a diagram evidencing the exact location of exterior merchandising, and shall demonstrate that this activity will not obstruct the normal flow of pedestrian traffic.

Authorization for exterior merchandising shall be subject to any and all regulations and restrictions as may be imposed from time-to-time by Borough Council.

Exterior merchandising is only permitted during the hours of operation of the subject business.

Exterior Table/Chairs Placement. "Food service" businesses located in the RC-1 District may place tables and chairs for the use of their patrons on the exterior of their business locations, subject to the following conditions:

Awnings/Canopies.