Bedford City Zoning Code

GENERAL PROVISIONS

§ 154.001 SHORT TITLE.

This chapter shall be known and may be cited as “the Borough Zoning Ordinance.”

(Ord. 2010-03, passed 3-1-2010)

§ 154.002 PURPOSE AND AUTHORITY.

This chapter is adopted by virtue of the authority contained in § 93 of the Act of July 10, 1947 (Pub. Law 1621) amending the Borough Code, as amended, for the purpose of promoting the health, safety, morals, and the general welfare of the borough and under the authority of the Municipalities Planning Code, 53 P.S. §§ 10101 et seq.

(Ord. 2010-03, passed 3-1-2010)

§ 154.003 STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES.

The following goals and objectives shall constitute the statement of community development objectives of and for the borough, and this chapter shall implement such statement of community development objectives.

(A) The decisions on community development in the borough shall be guided by a comprehensive plan, taking into consideration the character of the borough and its various sections, and the suitability of the various parts of the borough for particular uses and structures.

(B) The borough shall make every effort to promote, protect, and facilitate the public health, safety, morals, and general welfare.

(C) This chapter is designed to facilitate the prevention of the overcrowding of land, blight, danger, and congestion in travel and transportation and loss of health, life, or property from fire, flood, panic, or other dangers.

(D) The borough shall preserve and protect its heritage, both natural and historical, wherever and whenever possible.

(E) The borough shall strive for the aesthetic improvement and community beautification in all areas of its territory.

(F) The borough shall strive to preserve and increase recreational and open space amenities wherever and whenever possible.

(G) The borough shall strive for the most beneficial relationship of traffic movement and land use.

(H) The borough shall continue to relate improvements to fiscal capabilities, present and projected, to support needed facilities.

(Ord. 2010-03, passed 3-1-2010)

§ 154.004 DEFINITIONS.

(A) Interpretation. Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meaning herein indicated.

(1) Words used in the present tense include the future tense. The singular includes the plural.

(2) The word PERSON includes a corporation as well as an individual.

(3) The word LOT includes the word PLOT or PARCEL.

(4) The term SHALL is always mandatory.

(5) The word USED or OCCUPIED, as applied to any land or building, shall be construed to include the words “intended, arranged, or designed to be used or occupied.”

(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY BUILDING. A building detached from and subordinate to the main building on the same lot and used for purposes customarily incidental to the main building.

ACCESSORY USE. A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

ALLEY. A public thoroughfare other than a side street which affords only a secondary means of access to abutting property and not intended for general traffic circulation.

ALTERATIONS. As applied to a building or structure, any change or rearrangement in the total floor area or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

ALTERATIONS, STRUCTURAL. Any change in the supporting members of a building, such as bearing walls, columns, beams, or girders.

ANIMAL HOSPITAL. A building used for the treatment, housing, or boarding of small domestic animals such as dogs, cats, rabbits, and birds or fowl by a veterinarian.

APARTMENT HOUSE. A building occupied by three or more dwelling units.

AREA, BUILDING. The total area taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches terraces and steps.

AREA, LOT. The total area within the lot lines.

AUTOMOBILE SERVICE STATION. Any area of land, including any structure thereon, or any building or part thereof, that is used for the retail sale of gasoline, oil, other fuel or accessory for motor vehicles, and which may include facilities used for polishing, greasing, washing, dry cleaning, or otherwise cleaning or servicing such motor vehicles.

AUTO BODY SHOP. Any structure or any building or part thereof, that is used for the repair or painting of bodies and fenders of motor vehicles.

BASEMENT. A story partly underground but having one-half or more of its height above the average level of the adjoining ground.

BED AND BREAKFAST. Building where lodging is provided for compensation on a temporary basis, whether or not food or meals are provided.

BOARD. Any body granted jurisdiction under a land use ordinance or under this chapter to render final adjudications.

BOARDING HOUSE. A building where, for compensation, lodging and/or meals are provided for at least three but not more than 15 persons.

BUILDING. Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of persons, animals, or chattels, and including covered porches or bay windows and chimneys.

BUILDING, DETACHED. A building surrounded by open space on the same lot.

BUILDING LINE. A line parallel to the front, side, or rear lot line set so as to provide the required yard.

BUILDING, MAIN. A building in which is conducted the principal use of the lot on which it is located.

CARPORT. See GARAGE, PRIVATE.

CELLAR. A story partly underground and having more than one-half of its clear height below the average level of the adjoining ground. A CELLAR shall not be considered in determining the permissible number of stories.

COURT. An unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such building.

COURT, INNER. A court that does not extend to a street, alley, yard, or outer court.

COURT, OUTER. A court which extends to a street alley, yard, or other outer court.

COVERAGE. The percentage of the plot or lot area covered by the building area.

DAIRY. A commercial establishment for the manufacture or processing of dairy products.

DECISION. Final adjudication of any board or other body granted jurisdiction under any land use ordinance or this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All DECISIONS shall be appealable to the court of common pleas of the county and judicial district wherein the borough lies.

DOG KENNEL. A structure for keeping three or more dogs that are more than six months old.

DUMP. A lot or land, or part thereof, used primarily for the disposal by abandonment, dumping, burial, burning, or any other means and for whatever purposes, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

DWELLING. A building designed for residential purposes and used as the living quarters for one or more families.

DWELLING, END UNIT TOWNHOUSE. An individually owned single-family dwelling unit, attached to another similar unit on one side via a party wall that contains no common doors or windows. The owner is responsible for payment of all real estate taxes, maintenance, and repairs of the property. The sale of the property (structure and lot) may be conveyed to any party without prior approval by anyone other than the homeowner.

DWELLING, INTERIOR UNIT TOWNHOUSE. An individually owned single-family dwelling unit, attached to other similar units on both sides via party walls that contain no common doors or windows. The owner is responsible for payment of all real estate taxes, maintenance, and repairs of the property. The sale of the property (structure and lot) may be conveyed to any party without prior approval by anyone other than the homeowner.

DWELLING, MULTI-FAMILY. A building used by three or more families living independently of each other and doing their own cooking, including apartment houses.

DWELLING, SINGLE-FAMILY, ATTACHED (ROW). A building used by one family and having two party walls in common with other buildings.

DWELLING, SINGLE-FAMILY, DETACHED. A building used by one family, having only one dwelling unit, and having two side yards.

DWELLING, SINGLE-FAMILY, SEMI-DETACHED. A building used by one family, having one side yard and one party wall in common with another building.

DWELLING, TWO-FAMILY DETACHED. A building used by two families, with one dwelling unit arranged over or beside the other, and having two side yards.

DWELLING, TWO-FAMILY, SEMI-DETACHED. A building used by two families, with one dwelling unit arranged over or beside the other, having one side yard and one party wall in common with another building.

DWELLING UNIT. One or more rooms used for living and sleeping purposes and having a kitchen with fixed cooking facilities arranged for occupancy by one family.

ELECTRIC TRANSMISSION AND DISTRIBUTION FACILITIES. Electric public utilities transmission distribution facilities including substations.

FAMILY. One or more persons occupying one dwelling unit and maintaining one common household, not including occupants of a club, fraternity, lodging, or boarding house.

FLOOR AREA OF A BUILDING. The sum of the gross horizontal areas of the floor of a building having the greatest dimensions, including the areas of roofed porches and roofed terraces, and its accessory buildings on the same lot. All dimensions shall be measured between exterior faces of walls.

FLOOR AREA, HABITABLE. The sum of the horizontal areas of all rooms used for habitation, such as living room, dining room, kitchen, or bedroom, but not including hallways, stairways, cellars, attics, service rooms or utility rooms, bathrooms, closets, nor unheated areas such as enclosed porches nor rooms without at least one window or skylight opening onto an outside yard or court.

FLOOR AREA RATIO. The ratio of floor area of a building to its lot area. When a FLOOR AREA RATIO of 4/10 is specified, the floor area of a building constructed on a lot of 30,000 square feet is limited to a maximum of 4,000 square feet.

GARAGE, PRIVATE. An enclosed or covered space for the storage of one or more vehicles; provided that no business, occupation, or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises.

GARAGE, PUBLIC. Any garage other than a private garage, and which is used for storage, repair, rental, servicing, or supplying of gasoline or oil to motor vehicles.

GRADE, FINISHED. The completed surfaces of lawns, walks, and roads, brought to grade as shown on official plans or designs relating thereto.

HEIGHT OF BUILDING. The vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys, spires, towers, elevator penthouses, tanks, and similar projections.

HOME OCCUPATION. A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential property. The business or commercial activity must satisfy the following requirements.

(a) The business or commercial activity is clearly incidental, accessory, and subordinate to the property’s residential use.

(b) The business or commercial activity shall be compatible with the residential use of the property and surrounding residential uses.

(c) The business or commercial activity shall employ no more than two persons other than family members residing in the dwelling thereon.

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

(e) There shall be no outside appearance of a business or commercial use.

(f) The business or commercial activity shall create no greater traffic volumes or parking demands than would normally be expected in its neighborhood in the borough.

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

(h) The business or commercial 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.

(i) The business or commercial activity is not a nursery school, dancing school, exercise or health center, day care center, funeral home, mortuary, eating or drinking establishment, animal kennel, animal hospital, veterinarian office, boarding house, medical or dental clinic, transportation vehicle repair or rental facility, theater, or other commercial recreation facility.

(j) The business or commercial activity may not involve any illegal activity.

HOSPITAL. A place for the diagnosis, treatment, or other care of humans and having facilities for in-patient care including such establishments as a sanitarium and sanatorium.

HOTEL. A building used as the more or less temporary abiding place of 16 or more individuals who are, for compensation, lodged, with or without meals, and in which no provision is made for cooking in any individual room or suite. A HOTEL may include restaurants, news stands, and other accessory services primarily for serving its occupants and only incidentally the public.

JUNKYARD. A lot, land, or structure or part thereof, used primarily for the collection, storage, and sale of waste paper, rags, scrap metal, or discarded material or for the collecting, dismantling, storage, and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof.

LAUNDERETTE. A business premises equipped with individual clothes washing and/or drying machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.

LODGING HOUSE. A building where, for compensation, rooms are provided for at least three but not more than 15 persons, and in which no table board is furnished.

LOT. A designated parcel, tract, or area of land established by a plat or otherwise as permitted by law and to be used, developed, or built upon as a unit.

LOT, CORNER. A lot at the junction of and abutting on two or more intersecting streets, or at the point of abrupt change of a single street where the interior angle is less than 135 degrees and the radius of the street line is less than 100 feet.

LOT, END UNIT TOWNHOUSE DWELLING. The individually owned lot on which an end unit townhouse dwelling is constructed, including a front yard, a side yard, and a rear yard. The owner is responsible for payment of all real estate taxes, maintenance, and repairs of the property. The sale of the property (structure and lot) may be conveyed to any party without prior approval by anyone other than the homeowner.

LOT, INTERIOR. A lot other than a corner lot.

LOT, INTERIOR UNIT TOWNHOUSE DWELLING. The individually owned lot on which an interior unit townhouse dwelling is constructed, including a front yard and a rear yard. The owner is responsible for payment of all real estate taxes, maintenance, and repairs of the property. The sale of the property (structure and lot) may be conveyed to any party without prior approval by anyone other than the homeowner.

LOT, THROUGH. An interior lot having street lines on opposite sides (ends) of the lot.

LOT LINE, FRONT. A street right-of-way line on the narrow side of the lot facing the street, avenue, drive, lane, road, or way. If a lot faces a street, avenue, drive, lane, road, or way with a width greater than 20 feet and also a street, avenue, drive, lane, road, or way with a width equal to or less than 20 feet, the FRONT LOT LINE is the lot line parallel to the wider street, avenue, drive, lane, road, or way.

LOT LINE, REAR. The lot line that is most distant from, and is, or is most nearly, parallel to, the front lot line. If a rear lot line is less than 15 feet long, or if the lot comes to a point at the rear, the REAR LOT LINE shall be a line at least 15 feet long, lying wholly within the lot, parallel to the front line. If a lot has two or more front lot lines, the person constructing the initial main building shall specify which of the non-front lot lines is to be designated as the REAR LOT LINE.

LOT LINE, SIDE. A lot line which is neither a front lot line nor a rear lot line.

MANUFACTURED HOME. A one time transportable, single-family dwelling intended for permanent occupancy, contained in two or more units designed to be joined into one integral unit which arrives at a site complete and ready for occupancy, except for placement on a permanent foundation and minor/incidental unpacking and assembly operations.

MOBILE HOME. A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.

MOBILE HOME LOT. A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.

MOBILE HOME PARK. A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.

MOTEL. A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units, designed with separate entrances and designed for year-round occupancy, primarily for transient automobile travelers, and providing for accessory off-street parking facilities. The term MOTEL includes buildings designated as tourist courts, tourist cabins, motor lodges, and similar terms.

MUNICIPAL AUTHORITY. A body politic and corporate created pursuant to the Act of May 2, 1945 (Pub. Law 382, No. 164), known as the “Municipalities Authority Act of 1945.”

NONCONFORMING BUILDING. A building or structure which does not conform to all the height, area, and yard regulations of the district in which it is located.

NONCONFORMING LOT. A lot, the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.

NONCONFORMING SIGN. A sign which does not conform to the regulations of the district in which it is located.

NONCONFORMING STRUCTURE. A structure or part of a structure manifestly not designed to comply with the use or extent of use provisions of this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation. Such NONCONFORMING STRUCTURES include, but are not limited to, nonconforming signs.

NONCONFORMING USE. A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment, or prior to the application of this chapter or amendment to its location by reason of annexation.

NURSING OR CONVALESCENT HOME. A building with less than 15 sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.

OPEN SPACE. The unoccupied space open to the sky on the same lot with the building.

PARKING SPACE. The space within a building, or on a lot or parking lot, for the parking or storage of one automobile.

PET STORE. Retail business for the sale of small household and small wild animals, including supplies.

PLAT. A map, plan, or layout showing the subdivision of land and indicating the location and boundaries of individual properties.

PREMISES. Any lot, parcel, or tract of land and any building construction thereon.

PRIVATE ROAD. A legally established right-of-way, other than a street, which provides the primary vehicular access to a lot.

PUBLIC GROUNDS. Includes:

(a) Parks, playgrounds, trails, paths, and other recreational areas and other public areas;

(b) Sites for schools, sewage treatment, refuse disposal, and other publicly owned or operated facilities; and

PUBLIC HEARING. A formal meeting held pursuant to public notice by the Borough Council or Planning Commission, intended to inform and obtain public comment prior to taking action in accordance with this chapter.

PUBLIC MEETING. A forum held pursuant to notice under the Act of June 3, 1986 (Pub. Law 388, No. 84), known as the “Sunshine Act,” 53 P.S. §§ 271 et seq.

PUBLIC NOTICE. Notice published once each week for two successive weeks in a newspaper of general circulation in the borough. Such NOTICE shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

RACE TRACK. Track used by motorized vehicles capable of transporting one or more humans.

REPORT. Any letter, review, memorandum, compilation, or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer, or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All REPORTS shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body, or agency, nor shall any appeal lie therefrom. Any REPORT used, received, or considered by the body, board, officer, or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.

RESIDENTIAL HOTEL. A hotel used by 16 or more permanent guests only and not by transients.

RIDING ACADEMY. An establishment where horses are kept for riding or driving, or are stabled for compensation, or incidental to the operation of any club, association, ranch, or similar establishment.

SANITARIUM or SANATORIUM. A private hospital, whether or not such facility is operated for profit.

SCREEN PLANTING. A vegetative material of sufficient height and density to conceal from the view, in adjoining districts, the structures and uses on the premises upon which the screen planting is located.

SETBACK. The distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line.

SIGN. Any structure or device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge, or insignia of any government or government agency, or of any civic, charitable, religious, patriotic, fraternal, or similar organization.

SPECIAL EXCEPTION. A use permitted in a particular zoning district pursuant to the provisions of this chapter and Articles VI and IX of the state’s Municipalities Planning Code, 53 P.S. §§ 10601 et seq. and 53 P.S. §§ 10901 et seq.

STORY. The portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.

STREET. Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, viaduct, or any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.

STREET LINE. The dividing line between the street and the lot.

STRUCTURE. Any human-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

SUBDIVISION. The division or redivision of a lot, tract, or parcel of land by any means, into two or more lots, tracts, parcels, or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership, or building or lot development.

TELEPHONE CENTRAL OFFICE. A building and its equipment erected and used for the purpose of facilitating transmission and exchange of telephone and radio messages between subscribers, and other business of the telephone company; provided, that in a residential district a TELEPHONE CENTRAL OFFICE shall not include storage of materials, trucks, or repair facilities, or housing of repair crews.

THEATER. A building or part of a building devoted to the showing of moving pictures or theatrical productions on a commercial basis.

THEATER, OUTDOOR DRIVE-IN. An open lot or part thereof with its appurtenant facilities devoted primarily to the showing of moving pictures or theatrical productions on a commercial basis to patrons seated in automobiles or on outdoor seats.

TOURIST HOME. A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.

TRAILER CAMP. A tract of land where two or more trailer coaches are parked or which is used or held out for the purpose of supplying to the public a parking space for two or more trailer coaches.

TRAILER COACH. Any portable or mobile vehicle used for living purposes and with its wheels, rollers, or skids in place.

USE. The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term “permitted use” or its equivalent shall not be deemed to include any nonconforming use.

VARIANCE. Relief granted pursuant to the provisions of this chapter and Articles VI and IX of the state’s Municipalities Planning Code, 53 P.S. §§ 10101 et seq.

WINDOW. An opening to the outside, other than a door, which provides all or part of the required natural light, natural ventilation, or both, to an interior space.

YARD. An unoccupied space open to the sky, on the same lot with a building or structure.

YARD, FRONT. The required open space extending along the full width of a front lot line and back to the required building line.

YARD, REAR. The required open space extending from the rear of the main building to the lot line (not necessarily a street line) across the entire width of the lot. On a corner lot, one of the yards not situated adjacent to a street shall be designated by the owner or developer as being the REAR YARD.

YARD, SIDE. The required open space between the side (face) of any building and the side lot line, extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed as a side line. In the case of a through lot, SIDE YARDS shall extend from the rear line of the required front yard to the front line of the required rear yard. On a corner lot, one of the yards not situated adjacent to a street shall be designated by the owner or developer as being the SIDE YARD.

(Ord. 2010-03, passed 3-1-2010; Ord. 2011-01, passed 3-7-2011; Ord. 2020-04, passed 12-22-2022)

§ 154.005 GENERAL PROVISIONS.

The following regulations shall qualify or supplement the district regulations appearing elsewhere in this chapter.

(A) Use regulations.

(1) Farming. The tilling of the soil, raising of crops, and gardening shall be permitted in any district.

(2) Manufacturing. In order that the Zoning Officer may have a reasonable basis upon which to approve a proposed industrial operation for conformity to the requirements of this chapter, the following data shall be submitted with an application for a permit:

(a) Plot plan;

(b) Architectural plan;

(d) Engineering and architectural plans for water supply and sewage disposal;

(e) Plans for prevention or control of noise, vibration, glare, fire hazards, air pollution, water pollution, and traffic;

(f) Proposed fuel;

(g) Number of shifts and maximum employment per shift; and

(h) Additional pertinent data as may be required by the Zoning Officer.

(3) Motels. In districts where permitted, motels shall be subject to the following conditions.

(a) Cabins or parts thereof shall be placed no closer to any lot line than 30 feet.

(b) The space between cabins or units shall be not more than 20 feet and the space between the fronts or rears of cabins or units shall be not less than 60 feet.

(c) At least one parking space shall be provided on the premises for each accommodation. Off-street parking and loading spaces for other facilities developed on the motel premises shall be provided as required by § 154.030.

(d) Every cabin or unit shall be provided with running water and toilet facilities for each accommodation.

(e) With the application for a permit, a plan shall be submitted to the Zoning Officer showing the following:

1. Extent and area of the property;

2. Entrances, exits, driveways, roads, and walks;

3. Site of each cabin or unit;

4. Plan for water supply;

5. Plan for sewage disposal; and

6. Plan for supply of electricity.

(4) 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 use.

(5) Prohibited uses.

(a) Dwellings in the Flood-Prone and Commercial Districts. Hereafter, a building shall not be erected in the Commercial Districts established on the zoning map for use as a single-family or two-family dwelling unless the dwelling use is incidental to the principal use of the premises.

(b) Prohibited uses. 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. Dumps and dumping of any kind unless by the authority of or under the supervision of the borough;

3. The stripping of top soil for sale, exclusive of the process of grading a lot preparatory to the construction of a building for which a permit has been issued;

4. All trailer coaches, trailer camps, mobile homes, and mobile home parks; or any manufactured or modular homes with a roof pitch less than seven to 12 (seven inches vertical rise over 12 horizontal inches);

5. Occupying for sleeping or living purposes motor homes and camper trailers;

6. Mining and quarrying;

7. Race tracks;

8. Outdoor drive-in theaters;

9. Poultry raising activities;

10. The parking of vehicles, specifically defined/designated as commercial vehicles by the state’s Motor Vehicle Code, on any public right-of-way, excepting temporarily for the purpose of loading and unloading;

11. The parking or storage of construction related vehicles or equipment on any public right-of-way, excepting temporarily while construction is underway provided a permit has been duly granted for the construction activity;

12. The displaying and selling of pornographic material;

13. Produces heat, smoke, odors, dust, or vibration perceptible beyond the property boundary, except during temporary construction or repair activities;

14. Involves explosive materials or processes or creates special fire hazards, except when controlled by insured, licensed, and/or professional person(s) for special events sanctioned by Borough Council or its designee, such as Independence Day celebration(s), or for temporary construction activities;

15. Produces glare from any process which emits harmful ultraviolet rays, including arc welding and acetylene torch cutting, perceptible beyond the property boundary, except during temporary construction or repair activities;

16. Produces electromagnetic radiation or radioactive emissions which exceed applicable local, state, or federal law;

17. Produces noise levels which violate the borough’s noise ordinance or its successor; and

18. Air conditioners, ventilation, heating units, and similar devices of eight tons or greater heating or cooling capacity that emit sound that is plainly audible beyond the property boundary shall be required to apply “best engineering practices for noise mitigation and control” sound mitigation techniques to reduce the sound to the extent feasible.

(c) Outside storage. The out-of-doors parking or storage of equipment, supplies, or other materials on any lot in the S, R-1, R-2, R-3, and R-4 Districts, excepting as may temporarily be required during construction activities.

(d) Commercial vehicle parking. The out-of-doors parking or storage of vehicles, specifically defined/designated as commercial vehicles by the state’s Motor Vehicle Code on any lot in the S, R-1, R-2, R-2T, R-3, R-4, or RLC Districts, excepting temporarily for the purpose loading and unloading.

(6) 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 height regulations and front, side, and rear yard regulations of the district in which the facility is located.

(B) Height regulations.

(1) The height of any building may exceed the maximum permitted height by one foot for each additional foot by which the width of each yard exceeds the minimum yard regulation for the district in which the building is located, except for those buildings which are controlled by a floor-area ratio.

(2) Height regulations shall not apply to spires, belfries, cupolas, penthouses, or domes not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, bulkheads, utility poles or towers, silos, grain elevators, and necessary mechanical or ornamental appurtenances.

(3) For all residential uses, accessory buildings shall not exceed 25 feet in height.

(C) Area regulations. Unless the regulations of the district in which they are located require greater lot areas or lot widths, the following regulations shall apply.

(1) Lots not served by a public water or sanitary sewer system or other systems approved by the Department of Environmental Protection shall be not less than 100 feet wide at the building line nor less than 20,000 square feet in area, per dwelling unit.

(2) Lots served by a public water system and a septic tank shall be not less than 60 feet wide at the building line nor less than 9,000 square feet in area, per dwelling unit.

(3) On a lot held in single and separate ownership on the effective date of this chapter which does not fulfill the regulations for the minimum area and yard dimensions for the district in which it is located, a building may be erected, altered, and used thereon, providing the yard space is not less than the minimum specified herein; and said lot may be subdivided upon approval of the subdivision plat or plats by the Borough Planning Commission.

(4) The area, width, and depth of lots shall provide adequate open area for off-street parking space and yards. When necessary, septic tanks and drain fields shall be provided with open space in addition to the open space required for off-street parking and other paved areas, and the area covered by the main building and buildings and structures accessory thereto.

(D) Yard regulations.

(1) Front yards.

(a) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where a main building is proposed to be built on an unimproved lot which is situated between two lots on which one or both of the main buildings have maintained lesser front yard setbacks; from a street, avenue, drive, lane, road, or way that is greater than 20 feet in width; than those required since the enactment of the zoning ordinance in February 1959, then the front yard setback of the middle main building may be reduced to the average of the front yard setbacks of the two adjacent lots, however, the entrance wall/opening of a garage or carport shall not be constructed less than 20 feet from the street line.

(b) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where an unimproved lot is bordered on one side by another unimproved lot and on the other side by a lot on which the main building has maintained a lesser front yard setback; from a street, avenue, drive, lane, road, or way that is greater than 20 feet in width; than required since the enactment of the zoning ordinance in February 1959, then the front yard setback of such middle lot may be the average depth of the front yard setback required for the district and the front yard setback of the main building on the adjoining lot, however, the entrance wall/opening of a garage or carport cannot be constructed less than 20 feet from the street line. The second unimproved lot from the original improved lot must have at least the minimum front yard setback required in the district.

(c) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where the main building is proposed to be built on an unimproved corner lot which is situated beside a lot on which the main building has maintained a lesser front yard setback; from a street, avenue, drive, lane, road, or way that is greater than 20 feet in width; than those required since the enactment of the zoning ordinance in February 1959, then the front yard setback of such unimproved lot may be the average depth of the front yard setback required for the district and the front yard setback of the main building on the adjoining lot, however, the entrance wall/opening of a garage or carport shall not be constructed less than 20 feet from the street line.

(d) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where the main building is proposed to be built on an unimproved corner lot which is situated beside a lot on which the main building has maintained a front yard setback of less than 20 feet; from a street, avenue, drive, lane, road, or way that is equal to or less than 20 feet in width; then the front yard setback of such unimproved lot may be the average depth of the front yard setback required for the district and the front yard setback of the main building on the adjoining lot, however, the front yard setback shall not be less than ten feet. The entrance wall/opening of a garage or carport shall not be constructed less than 20 feet from the street line.

(e) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where the original main building that was constructed prior to February 1959 is proposed to be extended or enlarged on a lot which is situated between two lots on which the main buildings have maintained lesser front yard setbacks; from a street, avenue, drive, lane, road, or way that is greater than 20 feet in width; than those required since the enactment of the zoning ordinance in February 1959, then the front yard setback of the middle main building may be reduced to the average of the front yard setbacks of the two adjacent lots when the front yard setbacks of both of the adjacent lots are less than that of the middle lot, however, the entrance wall/opening of a garage or carport shall not be constructed less than 20 feet from the street line.

(f) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where the original main building that was constructed prior to February 1959 is proposed to be extended or enlarged on a lot which is situated beside a lot on which the main building has maintained lesser front yard setback; from a street, avenue, drive, lane, road, or way that is greater than 20 feet in width; than those required since the enactment of the zoning ordinance in February 1959, then the front yard setback of the one-half width of the main building which is to be extended or enlarged that is situated beside the non-compliant adjacent property may be equal the average of the existing front yard setback of the lot in question and the front yard setback of the non-compliant adjacent lot, however, the entrance wall/opening of a garage or carport shall not be constructed less than 20 feet from the street line.

(g) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where the original main building that was constructed prior to February 1959 is proposed to be extended or enlarged on a corner lot which is situated beside a lot on which the main building has maintained a lesser front yard setback; from a street, avenue, drive, lane, road, or way that is greater than 20 feet in width; than those required since the enactment of the zoning ordinance in February 1959, then the front yard setback of the main building may be equal to the average depth of the existing front yard setback of the lot in question and the front yard setback of the of the non-compliant adjacent lot, however, the entrance wall/opening of a garage or carport cannot be constructed less than 20 feet from the street line.

(h) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where the main building is proposed to be extended or enlarged on a corner lot which is situated beside a lot on which the main building has maintained a front yard setback of less than 20 feet; from a street, avenue, drive, lane, road, or way that is equal to or less than 20 feet in width; then the front yard setback of such main building may be equal to the average depth of the existing front yard setback of the lot in question and the front yard setback of the main building on the adjoining lot, however, the front yard setback shall not be less than ten feet. The entrance wall/opening of a garage or carport shall not be constructed less than 20 feet from the street line.

(i) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where the main building is proposed to be extended or enlarged on a lot which is situated between two lots on which the main buildings have maintained front yard setbacks of less than 20 feet; from a street, avenue, drive, lane, road, or way that equal to or less than 20 feet in width; then the front yard setback of the middle main building may be reduced to the average of the front yard setbacks of the two adjacent lots when the front yard setbacks of both of the adjacent lots are less than that of the middle lot, however, the front yard setback shall not be less than ten feet. The entrance wall/opening of a garage or carport shall not be constructed less than 20 feet from the street line.

(j) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where the main building is proposed to be extended or enlarged on a lot which is situated beside a lot on which the main building has maintained front yard setback of less than 20 feet; from a street, avenue, drive, lane, road, or way that is equal to or less than 20 feet in width; then the front yard setback of the one-half width of the main building which is to be extended or enlarged situated beside the non-compliant adjacent property may be equal to the average of the existing front yard setback of the lot in question and the front yard setback of the non-compliant adjacent lot, however, the front yard setback shall not be less than ten feet. The entrance wall/opening of a garage or carport shall not be constructed less than 20 feet from the street line.

(k) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where the main building is proposed to be extended or enlarged on a lot which has no adjoining lots fronting along a street, avenue, drive, lane, road, or way that is equal to or less than 20 feet in width and has maintained a front yard setback of less than 20 feet, then the front yard setback of the proposed extension or enlargement of the main building shall be equal to the setback of the existing main building, however, the front yard setback shall not be less than ten feet. The entrance wall/opening of a garage or carport shall not be constructed less than 20 feet from the street line.

(l) In Zoning District R-2T, the front yard setback for townhouse units shall not be less than 20 feet.

(2) Side yards.

(a) On corner lots, the side yard abutting a street, avenue, drive, lane, road, or way that is not parallel to the front lot line shall have a minimum width as required in the zoning district.

(b) On an interior lot, held in single and separate ownership, with a lot width less than required for the zoning district only one main building may be erected, and side yards shall be provided according to the following requirements.

1. On lots with a width of 50 feet or more, two side yards shall be provided as required by the district regulations.

2. On lots less than 50 feet but not less than 27 feet in width, two side yards shall be provided, each equaling 20% of the lot width.

3. On lots less than 27 feet but not less than 20 feet in width, the main building shall be 16 feet in width and only one side yard shall be provided, equaling in width the difference between the lot width and 16 feet. One side wall of the main building shall be constructed abutting the lot line and shall have no door openings nor be constructed as a party wall.

4. On lots less than 20 feet in width, a main building shall be constructed the full width of the lot. Side walls abutting the lot lines shall have no door openings and they shall not be constructed as party walls. For dwellings, constructed to a depth of more than two rooms, a court not less than six feet in width shall be provided, abutting the side wall for all rooms beyond the second room.

(c) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where a main building is proposed to be built on a lot which is situated between two lots on which one or both of the main buildings have maintained lesser side yard setbacks than required since the enactment of the zoning ordinance in February 1959, then the side yard setback of the middle main building may be reduced to the side yard setback of the adjacent lot, however, no portion of the main building shall be less than five feet from the side lot line.

(d) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where the main building is proposed to be extended or enlarged on a lot on which the main building has maintained a lesser side yard setback than required since the enactment of the zoning ordinance in February 1959, then the side yard setback of any proposed extension or enlargement of the main building may also be reduced to a point no closer to a side lot line than the shortest setback distance of the existing main building, however no proposed extension or enlargement of the main building shall be less than five feet from the side lot line.

(e) A carport, open on three sides, may be erected within one of the side yards when attached to a main building existing prior to February 1959; provided, the carport shall be not less than three feet from such side lot line.

(3) Rear yards.

(a) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where a main building is proposed to be built on a lot which is situated between two lots on which the main buildings have maintained lesser rear yard setbacks than required since the enactment of the zoning ordinance in February 1959, then the rear yard setback of the middle main building may be reduced to the average of the rear yard setbacks of the two adjacent lots, however, however no part of the main building shall be less than 15 feet from the rear lot line and the entrance wall/opening of a garage or carport cannot be constructed less than 30 feet from the rear lot line.

(b) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where the main building is proposed to be extended or enlarged on a lot on which the main building has maintained a lesser rear yard setback than required since the enactment of the zoning ordinance in February 1959, then the rear yard setback of any proposed extension or enlargement of the main building may also be reduced to a point no closer to the rear lot line than the shortest setback distance of the existing main building:

1. However, no part of the main building shall be less than 15 feet from the rear lot line and the entrance wall/opening of a garage or carport shall not be constructed less than 30 feet from the rear lot line when the lot in question is an interior lot; and

2. However, no part of the main building shall be less than five feet from the rear lot line and the entrance wall/opening of a garage or carport shall not be constructed less than 30 feet from the rear lot line when the lot in question is a corner lot.

(4) Accessory buildings and swimming pools.

(a) An accessory building may be erected within the front yard of a through lot in the yard fronting along a street, avenue, drive, lane, road, or way that is less than 20 feet in width; provided:

1. The accessory building shall not occupy more than 30% of the required front yard;

2. An exterior wall, having an opening for vehicle access, shall be located at least 20 feet from the street line;

3. An exterior wall, not having an opening for vehicle access, shall be located at least ten feet from the street line; and

4. The accessory building shall be located at least five feet from the side lot lines.

(b) A swimming pool and accessory deck may be erected within the front yard of a through lot in the yard fronting along a street, avenue, drive, lane, road, or way that is less than 20 feet in width, provided:

1. The swimming pool and accessory deck shall be located at least 20 feet from the street line; and

2. The swimming pool and accessory deck shall be located no closer to the side lot line than either five feet or the distance of the required side yard for the zoning district in which it is located, whichever is greater.

1. The accessory building shall not occupy more than 30% of the required rear yard; and

2. The accessory building shall be located at least five feet from the side and rear lot lines.

(d) A swimming pool and accessory deck may be erected within the rear yard of a lot, provided: the swimming pool and accessory deck shall be located no closer to the rear or side lot lines than either five feet or the distance of the required side yard for the zoning district in which it is located, whichever is greater.

(e) An accessory building may be erected within a side yard, provided the accessory building shall be located at least five feet from the side lot line.

(5) Projection in yards.

(a) Cornices, eaves, gutters, bay windows, or chimneys may project into the front, side, or rear yard of a lot not more than two feet.

(b) Covered porches and decks, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into any yard.

(c) Uncovered and unenclosed porches and decks, the floor level of which exceeds two feet in height above the surrounding level of the ground, shall not project into any yard.

(d) Uncovered and unenclosed porches, the floor level of which may not exceed two feet in height above the surrounding level of the ground, may project into the front yard of a lot by not more than four feet.

(e) Uncovered and unenclosed porches and decks, the floor level of which may not exceed two feet in height above the surrounding level of the ground, may project into the rear yard of a lot by not more than ten feet.

(f) For a public building, a handicapped ramp may be constructed regardless of the yard setback requirements of the district.

(g) For a private residence, a handicapped ramp may temporarily be constructed within the yard(s) but shall only extend into the yard(s) a maximum width of four feet and then only for the duration of time as it is required by the occupant of the residence.

(6) Fencing, screening, and retaining walls. Unless otherwise stipulated, the following standards shall apply:

(a) Fences, walls, hedges, or other planted screens may be erected in any yard subject to following height restrictions:

1. Located in a front yard: three and one-half feet maximum;

2. Located in a side or rear yard: six feet maximum or up to eight feet provided the ratio of solid to open portion does not exceed one to four. It is the responsibility of the person who is applying for the zoning permit to determine whether 53 P.S. § 15171 also applies. There shall be no maximum applied to hedges or planted screens (e.g., trees) located along the rear property line; and

3. Located in any yard in the CMR Zoning District where the property is used for commercial or manufacturing purposes: 12 feet maximum. 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 screen planting on all sides which face upon a street. It is the responsibility of the person who is applying for the zoning permit to determine whether 53 P.S. § 15171 also applies.

(b) Fences, screens, or walls up to ten feet in height may be approved by the Planning Commission for any yard of a public school, recreational facility, building, or a public/essential service provided that the ratio of solid to open portion does not exceed 1:4. It is the responsibility of the person who is applying for the zoning permit to determine whether 53 P.S. § 15171 also applies;

(c) A retaining wall may be erected along any property line or in any yard where it is required to prevent a landslide or other hazardous conditions;

(d) A fence or screen cannot be erected in a public or dedicated right-of-way;

(e) Fences located along a property boundary shall be set back a minimum of six inches from the property line;

(f) Fences shall not contain barbs or similar types of injurious materials, unless specifically approved by the Planning Commission for security reasons;

(g) The finished side of the fence or wall shall always face the abutting properties or street; and

(h) Fencing around swimming pools:

1. In-ground pools, in all zoning districts, shall be enclosed by a fence, constituting a barrier to small children, at least four feet in height and equipped with a gate and lock. Fencing for a pool shall comply with the applicable requirements of this division (D)(6)(h).

2. Above-ground pools in all zoning districts having vertical walls four feet or more above ground level and removable steps are not required to be fenced, but the owner shall remove the steps when the pool is not in use to prevent access by small children.

(7) Obstruction to vision. 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 driveway or to pedestrians on a sidewalk or street by obstructing the view.

(E) Courts. Courts shall conform to the following requirements.

(1) Generally. An open space in the form of an inner court or outer court shall be provided in connection with any building in any residential or business 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 in such court.

(2) Outer court.

(a) 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 except as provided in division (D)(4) above. However, when the depth of such court is less than six feet, the minimum width may be as little as twice the depth.

(b) The depth of an outer court formed by walls on three sides shall be not greater than one- half times the width.

(3) Inner court.

(a) 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.

(b) 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 firefighting equipment and shall be continuous from the inner court to a yard or an unobstructed open area with access to a street.

(F) Habitable floor area. (See § 154.004.) The minimum habitable floor area of a dwelling unit hereafter erected shall be 1,000 square feet. In the case of apartment houses, the minimum habitable floor area shall not be less than 300 square feet.

(G) Reduction of lot dimensions. 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 open spaces are smaller, or so that the coverage is greater, than prescribed herein.

(H) Drainage. No building or zoning permit shall be issued for structures in areas considered by the Zoning Officer to be subject to inundation by floods or excessive storm drainage, unless the structures are constructed to withstand such conditions.

(Ord. 2010-03, passed 3-1-2010; Ord. 2011-01, passed 3-7-2011; Ord. 2017-01, passed 1-3-2017)

§ 154.006 NONCONFORMING BUILDINGS AND USES.

All lawful uses of land or of a building, sign, or other structure existing on the effective date of this chapter may be continued, maintained, reconstructed, altered, restored, changed, sold, or resold even though such use may not conform to the use, height, area, yard, and other regulations of the district in which it is located, providing such nonconforming conditions shall comply with the following.

(A) Zoning permit.

(1) Where a zoning permit has been issued for a nonconforming building or use 90 or more days prior to the effective date of this chapter, and construction other than excavation and foundations has not been started, the zoning permit previously issued shall become null and void and all future zoning permits shall be granted as provided in § 150.40 through 150.61, only when proposed buildings and uses conform to the requirements of this chapter.

(2) Where a zoning permit has been issued less than 90 days prior to the effective date of this chapter and the proposed building or use does not conform to the requirements of this chapter, the proposed building or use shall be considered the same as a lawful building or use and shall be regulated by the requirements of this subchapter, only if at least one of the following conditions has been met prior to the effective date of this chapter:

(a) Construction other than excavation has been started; or

(b) A contract for construction other than excavation has been let.

(B) Alterations. Repairs and structural alterations may be made to a nonconforming building or a building occupied by a nonconforming use.

(1) The types of extension(s) and enlargement(s) listed below are permitted for nonconforming uses and buildings existing on the effective date of this chapter:

(a) The extension of a nonconforming use of land upon a lot occupied by such use;

(b) The extension or enlargement of a conforming building occupied by a nonconforming use;

(d) The extension or enlargement of a nonconforming building occupied by a conforming use.

(2) The foregoing extension(s) or enlargement(s) shall be subject to the following conditions:

(a) The extension or enlargement shall conform to the height, area, and coverage regulations of the district in which it is located;

(b) Refer to § 154.005(D) for information relating to yards;

(c) The entire building or use shall be provided with off-street parking and loading spaces as required by § 154.030; and

(d) The extension or enlargement does not replace a conforming use.

(D) Abandonment. If the nonconforming use of the building or land ceases for a period of one year or more, subsequent use of such building or land shall be in conformity with the provisions of this chapter with exception to the following: hereafter, the removal of a trailer coach from a trailer camp which is nonconforming under the terms of this chapter shall constitute abandonment of the space so occupied and subsequent use of the said trailer space shall conform with the provisions of this chapter.