Off-street parking, loading, and unloading facilities shall be provided to lessen congestion in the streets. The facilities required herein shall be available through the hours of operation of the particular business or use for which such facilities are provided. As used herein, the term "parking space" includes either covered garage space or uncovered parking lot space located off the public right-of-way.

Each parking space shall consist of not less than an average of 270 square feet of usable area for each motor vehicle, including interior driveways, driveways connecting the garage, or parking space, with a street or alley. Notwithstanding the above, all parking spaces shall be ample in size for the vehicles for which use is intended. The net parking space per vehicle shall be not less than nine feet wide and 18 feet long. Outdoor parking space, and the approaches thereto, shall be paved, or covered with gravel or cinders. Such outdoor parking spaces shall not be used to satisfy any open space requirements of the lot on which it is located.

A garage or carport may be located wholly or partly inside the walls of the principal building, or attached to the outer walls. If separated from the principal building, the garage shall conform to all accessory building requirements. The garage may be constructed under a yard or court. The space above an underground garage shall be deemed to be part of the open space of the lot on which it is located.

Parking spaces may be located on a lot other than that containing the principal use with the approval of the Zoning Hearing Board provided a written agreement approved by the Borough Solicitor and accepted by the Borough Council, shall be filed with the application for a zoning permit.

Surfacing. Any off-street parking area shall be graded for proper drainage and shall be surfaced so as to provide a durable and dustless surface, such as crushed stone or equivalent concrete or bituminous concrete surface, and shall be so arranged so as to provide for orderly and safe parking and storage of vehicles.

Lighting. Any lighting used to illuminate any off-street parking shall be arranged to reflect the light away from adjoining premises and public rights-of-way.

There shall be adequate provisions for ingress and egress to all parking and loading spaces designed for use by employees, customers, delivery services, sales people and/or the general public. Where a parking or loading area does not abut on a public right-of-way or private alley or easement of access, there shall be provided an access drive per lane of traffic not less than 12 feet in width per lane of traffic and not less than 18 feet in width in all cases where the access is to storage areas or loading and unloading spaces required hereunder. There shall not be more than two means of access from a lot onto a public highway, and each shall be no more than 35 feet wide. If only one is provided, it shall be not more than 50 feet wide. Driveways for residential uses may be constructed to any lot line.

This Subsection 1 shall not be applicable in the I-1 Industrial District.

Residential. At least two off-street parking spaces must be provided for each dwelling unit in single- or two-family dwellings. Dwellings with three or more units must have a minimum of 1 1/2 spaces for each dwelling unit. A garage or carport or that portion of the driveway not included in the public right-of-way may be considered a parking space.

Neighborhood Groceries.

Standards.

Home Occupation, Professional. At least one parking space for the resident, one for each nonresident employee and one for patron use.

Signs advertising the sale or rental of the premises upon which they are erected, when erected by the owner or broker or any other person interested in the sale or rental of such premises, may be erected and maintained; provided: (1) The size of any such sign is not in excess of six square feet; and, (2) not more than two signs are placed upon any property in single and separate ownership, unless such property fronts upon more than one street, in which event two such signs may be erected on each frontage.

Signs indicating the location and direction of premises available for or in process of development, but not erected upon such premises and having inscribed thereon the name of the owner, developer, builder, or agent may be erected and maintained; provided that (1) The size of any such sign is not in excess of six square feet and not in excess of four feet in length; and (2) not more than one such sign is erected on each 500 feet of street frontage.

Signs bearing the word "sold" or the word "rented" with the name of the persons affecting the sale or rental may be erected and maintained provided the conditions in § 602.2A hereof are complied with.

Signs of mechanics, painters, and other artisans may be erected and maintained during the period such persons are performing work on the premises on which such signs are erected, provided that (1) the size thereof is not in excess of 12 square feet; and (2) such signs are removed promptly upon completion of the work.

Trespassing signs, or signs indicating the private nature of a driveway or property provided that the size of any sign shall not exceed two square feet.

Signs of schools, colleges, churches, hospitals, sanitariums, or other institutions of a similar nature may be erected and maintained provided that (1) The size of any such sign is not in excess of 40 square feet; and (2) not more than one sign is placed on a property in a single and separate ownership, unless such property fronts upon more than one street, in which event one such sign may be erected on each frontage.

Signs advertising home occupations shall not be larger than two square feet, and may include the name, occupation, and logotype or trade mark, if appropriate, of the practitioner. Such signs shall not be illuminated with the exception of medical offices during the hours such offices are open for the care of patients.

Official traffic and street name signs when erected by or with the written approval of the Borough Council.

Signs necessary for the identification, operation or protection of public utility facilities and municipal uses; however, all "General Regulations," § 602.4, shall apply to such signs.

Temporary signs urging or endorsing election of a candidate to public office in an election, provided that:

Signs must be constructed of durable material, maintained in good condition, and not allowed to become dilapidated.

No sign shall be placed in such a position that is will cause danger to traffic on a street by obscuring the view.

No sign, other than an official traffic sign, shall be erected within the right-of-way lines of any street, unless authorized by the Borough Council for a special purpose.

No sign shall project over a public sidewalk area more than 18 inches.

Overhead signs shall be at least nine feet high, measured from the ground or pavement to the bottom most part of the sign.

No sign shall exceed 20 feet in length.

No permit shall be required for the erection, alteration, or maintenance of any signs as permitted in § 602.2, "Signs in Residential Districts."

A permit shall be required for the erection or alteration of business identification signs (including portable or movable business identification signs) or billboards.

Advertising painted upon, or displayed upon, a barn or other building or structure shall be regarded as an advertising sign board and the regulations pertaining thereto shall apply.

Each sign shall be removed when the circumstances leading to its erection no longer apply. At no time shall there be more than one sign on each street frontage.

In all districts, only those signs referring directly to materials or products made, sold, or displayed on the premises shall be permitted, except as otherwise noted in this Chapter. Such signs shall comply with all other requirements, as stated herein, for the district in which they are erected.

Temporary signs advertising a sale or event sponsored by a civic or religious group, provided that such signs shall not be displayed in excess of one month and shall be removed promptly after the event.

Business identification signs may be erected and maintained provided that (a) the area of one side of any freestanding sign shall not exceed 110 square feet; and (b) not more than one such sign shall be erected on each street frontage. In addition, the area of any sign attached to a building shall not exceed 20% of the wall area on which the sign is placed and the sign placed on any building or lot shall relate to the business on the premises. These provisions are further restricted per Subsections S and U, hereafter.

This subsection shall apply to all permitted sign uses except that Subsections F, M and U of this Subsection 4 and the second sentence of subsection I of this Subsection 4 shall not be applicable to signs in an I-1 Industrial District.

For purposes of determining the permissible area of any one side of the business identification sign, all signs on one pole or support shall be considered as one sign.

Billboards shall be permitted in C-1 General Commercial and I-1 Industrial Districts provided that (a) the area of any one side of any freestanding billboard sign shall not exceed 110 square feet; (b) the total area of such sign shall not exceed 220 square feet; and (c) not more than one such billboard sign shall be erected on each street frontage. In addition, the area of any billboard sign attached to a building shall not exceed 20% of the wall area on which the sign is placed.

Regardless of any other provisions of this Chapter, except as per Subsection 4U, hereafter, in no case whatsoever, shall there be permitted in a C-1 General Commercial District more than one freestanding business sign, business identification sign or billboard or any combination thereof (for example, one freestanding sign with multiple signs thereon for business or business identification purposes as well as a sign or signs thereon which may be classified as billboards) on each street frontage. Thus, in no case whatsoever shall there be more than one freestanding sign of any nature whatsoever, except as noted in § 602.4U hereafter, on each street frontage in a C-1 General Commercial District.

Regardless of any other provisions of this Chapter, in no case whatsoever shall there be permitted in a C-1 General Commercial District a business sign, business identification sign or billboard or any combination thereof attached to a building which exceeds greater than 20% of the wall area on which the said sign or combination of signs are placed. Thus, in no case whatsoever will it be permitted for a sign or signs to cover greater than 20% of the wall area of a building in a C-1 General Commercial District.

Animated, sequential, flashing, rotating, revolving or oscillating signs shall be permitted in C-1 General Commercial and I-1 Industrial Districts provided that (a) the area of any one side of any such sign shall not exceed 50 square feet; (b) the total area of the sign shall not exceed 100 square feet; (c) no such sign shall be greater than nine feet in length; and (d) it does not otherwise violate this Chapter, violate § 602.5 of this Chapter or otherwise by reason of its intensity, color, location, or movement interfere with traffic lights, signals or other controls, interfere with traffic or abrogate or endanger the public safety, health and welfare.

Portable or movable business identification sign(s) of whatever nature when in use or when being displayed shall be firmly anchored to the ground by means of guy wires, cable, rope or other appropriate device so that said portable or movable business identification signs are secure and are not subject to being too easily removed by unauthorized persons or the elements.

Anything in this Chapter to the contrary notwithstanding, in addition to other permissible signs, portable or movable business identification signs that bear the name of the occupant and/or products manufactured, processed, sold or displayed on the premises shall be permitted in C-1 General Commercial Districts provided that (a) the area of any one side of any such sign shall not exceed 50 square feet; (b) the total area of the sign shall not exceed 100 square feet; (c) no such sign shall be greater than nine feet in length; and (d) not more than one such portable or movable sign shall be permitted on each street frontage.

Rotating, revolving or flashing lights which by reason of intensity, color, design or otherwise are similar to authorized visual signals on police and/or emergency vehicles per the Vehicle Code. Act of June 17, 1976, P.L. 162, No. 81, specifically subsection (D), Equipment of Authorized and Emergency Vehicles, 75 Pa.C.S.A. §§ 4571 - 4573, and, as it may be amended and supplemented from time to time, and per the regulations thereto, specifically 67 Pa. Code §§ 173.1 - 173.4, and as they may be amended or supplemented from time to time, shall not be permitted in any district.

Any sign which by reason of its intensity, color, location, or movement may interfere with traffic lights, signals or other controls, or abrogate or endanger the public safety, health or welfare shall not be permitted in any district.

All lighting shall be shielded and shall be designed so that it does not reflect or beam onto adjacent properties. No lighting shall be permitted which is of so great an intensity as to constitute a nuisance to neighboring properties or to traffic on the public streets or alleys.

No light shall be higher than 10 feet above the maximum building height on which the light is erected.

Any nonprofit community organization wishing to place signs at a Borough recreational facility must, prior to erecting any sign, appear before Council at a regular meeting and submit a written proposal to erect and maintain signs at a Borough recreational facility used by that organization. Said proposal shall include, at a minimum, full particulars as to the size, shape, materials, supports, location, height above ground level and the information to be displayed by the sign and shall be accompanied by drawings sufficient to show compliance with this § 405. Said proposal shall also specify the period of time the sign or signs are to be displayed.

Council may, in its sole discretion, and by resolution, permit a nonprofit community organization to erect and maintain signs at a Borough recreational facility and may place restrictions on:

Council may, in any event, at any time, without regard to, and without incurring any liability whatsoever, direct that any and/or all signs erected be removed. The responsibility for removing signs shall be upon the nonprofit community organization, or its successors, erecting the same.

The presence of adjoining similar uses.

An adjoining zone district in which the use is permitted.

The need for the use in the area proposed as established by the comprehensive plan, or, otherwise, the use will meet a community need.

The existence of sufficient area to effectively screen the use from adjacent different uses, if applicable.

The use is not a substantial threat to the community nor detrimental to the public welfare.

The use will not alter the essential character of the neighborhood or district in which it is situated.

The use will not substantially or permanently impair the appropriate use or development of adjacent property.

The use is consistent with the surrounding uses in the neighborhood and the character of the neighborhood so as to conserve the objective value of maintaining existing local groupings of consistent uses and yet encourage the most appropriate use of the land.

Conditions are such that there are several potential sites for the particular use but not sufficient need to establish a permitting zone district or to leave the district open to the indiscriminate placement of such use.

Sufficient safeguards such as parking, traffic control, screening and setbacks can be included to remove any potential adverse influences the use may have on adjoining uses.

Open space shall be provided for each townhouse development which shall meet the following requirements:

Prior to approval of a townhouse development, provisions shall be made to assure that nonpublic areas (common areas) and facilities for the common use of the occupants of a townhouse development shall be maintained in a satisfactory manner.

The developer will provide protective covenants in all deeds to insure the maintenance, repair, replacement and upkeep of all land, structures, sidewalks, driveways, parking areas, etc., which are owned and used in common. Such protective covenants will provide for the equitable assessment of individual townhouse landowners by a homes association or other similar organization charged with the responsibility of maintenance, repair, replacement and upkeep of all common elements.

Not more than eight dwelling units shall be erected in a single structure.

Dwelling units shall be at least 20 feet in width, of one story or two story construction and may have basements under the first story and shall have a maximum height above ground level of 35 feet.

All structures shall setback at least 20 feet from front curbline.

Rear yards shall have a minimum depth of 40 feet.

Sidewalks serving townhouse developments shall be provided so as to promote safe pedestrian access throughout the entire development, especially such access to the rear of all dwelling units. All sidewalks shall be constructed in accordance with § 602.3, "Improvements Specifications," as set forth in Chapter 22, Subdivision and Land Development, Part 6, Improvement Specifications, § 602, "Required Improvements," Subsection 3, "Sidewalks."

All dwelling units must have at least 800 square feet of living area on the main living floor or floors (exclusive of basement, patio, porch or sun deck).

All attached dwelling units must be separated by a masonry party wall so constructed as to have at least a two-hour fire resistant capacity.

Off-street parking shall be provided at a rate of at least 2.5 parking spaces per dwelling unit with the 0.5 parking space being combined in a common parking area to accommodate off-street guest parking. Such off-street parking shall be regulated by Part 6, "Supplemental Regulations," § 601, "Off-Street Parking," contained in this Chapter.

Streets serving townhouse developments shall be of such width as to afford free passage of service and emergency vehicles and must comply with Part 5, "Design and Construction Standards", as set forth in the Burnham Borough Subdivision and Land Development Ordinance [Chapter 22].

Garbage dumpsters shall be provided for each townhouse development in an appropriate number to serve all townhouse units. The dumpster area shall be screened by an opaque enclosure of not less than five feet in height.

Fire hydrants shall be provided in accordance with § 602.9 of the Borough of Burnham Subdivision and Land Development Ordinance [Chapter 22].

Private usable open space such as balconies, sundecks, patios, etc., shall be provided contiguous to each dwelling unit. The area of such open space shall not be less than 10% of the floor area of the unit served; such square footage may consist of one or more patio areas. Open roof areas and balconies designed or planned for patio purposes may be credited for no more than 50% of the required patio area. All patio outdoor living areas for each townhouse unit shall be enclosed by a wall affording complete screening except where a natural feature would suggest an exception after review of the site plan. Such a wall shall be of masonry or other material having a life expectancy of not less than 10 years and a minimum height of six feet. Such patio areas shall be made a part of the townhouse unit.

All dwelling units shall be independently served by separate heating, sewer, water, electric power, gas, air conditioning and other facility and utility services, wherever such utilities and services are provided, and no townhouse shall be in any way dependent upon such service or utility lines located within another unit or on or in another townhouse or townhouse site, except as may be installed in public easements. All townhouses must be connected to public water and sewer lines and all electric and telephone lines and T.V. cable lines and a townhouse development site must be placed underground.

At the option of the developer, a townhouse development may be subdivided to provide individual lots for townhouse units, provided that the following requirements are met. All plotting requirements shall comply with the Subdivision and Land Development Ordinance of the Borough of Burnham [Chapter 22], except where more restrictive provisions contained in this Section shall prevail.

The pool is intended, and is to be used, solely for the enjoyment of the occupants of a principal use of the property on which it is located.

It may be located only in the rear yard or side yard of the property on which it is an accessory use.

Definitions.

An outdoor swimming pool, including an in-ground, above-ground/on-ground pool, and hot tub/spa shall be provided with a barrier that completely surrounds the swimming pool which shall comply with the following:

A zoning permit shall be required to locate, construct or maintain a swimming pool.

A swimming pool shall be located at least 14 feet from a property line or the street right-of-way line, whichever line is closer to the swimming pool.

The pool may be lighted by underwater or exterior lights, or both, provided all exterior lights are located so that the light is neither directed nor reflected upon adjacent properties in such a manner as to be a nuisance or an annoyance to neighboring properties.

There shall be no cross-connection with a public sewerage system.

The permanent inlet shall be above the overflow level of the pool.

At the time of application for a zoning permit it shall be demonstrated that the drainage of a pool is adequate and will not interfere with the water supply system, with existing sewage facilities, with public streets and shall not drain onto a neighboring property.

Public Bathing Law, Act of June 23, 1931, P.L. 899, 35 P.S. § 672 et seq., and any amendments or supplements thereto.

Public Bathing Place Sanitation and Safety Regulations, 28 PA Code § 17.111 et seq., and any amendments or supplements thereto.

A nonconforming use of a building may be extended throughout the building if no structural alterations are made therein; provided that such extension may include structural alterations when authorized as a special exception when the Zoning Hearing Board finds that such structural alterations will not adversely affect adjoining property.

In an I-1 District, a nonconforming use may be extended on a lot occupied by such use and held in single and/or separate ownership at the effective date of this Chapter.

In all but I-1 Districts, a nonconforming use may be extended upon a lot occupied by such use and held in single and/or separate ownership at the effective date of this Chapter when authorized as a special exception; provided, that such extension does not replace a conforming use, does not violate the yard and coverage requirements of the zone in which the nonconforming use exists, and, regardless of changes in lot coverage, a proposed expansion shall not exceed 50%.

In any district, in which single-family houses are permitted, a single-family house and customary accessory buildings may be erected on any lot of record in existence at the effective date of this Chapter. Consideration shall be given by the Zoning Hearing Board as to the desirability and feasibility of resubdividing the area when two or more nonconforming lots have contiguous frontage and are in single ownership.

This provision shall apply even though such lot fails to meet requirements of side, front or rear yards or the minimum lot area requirements applicable in the district in which the lot is located.

A nonconforming structure that has been damaged or destroyed by fire, windstorm, lightning or a similar cause deemed to be no fault of the owner may be rebuilt. Request for a building permit must be submitted within one year from the date of damage or destruction or the nonconforming use shall not be restored. Restoration must be completed within two years from the date of damage or destruction.

No rebuilding shall be undertaken as provided herein until plans for rebuilding have been presented and approved by the Zoning Officer. Approval shall be for the same use or for a use of a more restricted classification.

The provisions of this subsection shall not apply in an I-1 Industrial District. Nonconforming structures in such districts may be restored as a matter of right.

If a nonconforming use of a 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.

Abandonment regulations shall not apply to an I-1 Industrial District.

Within any designated Floodway (FW), Flood-Fringe (FF), or General Floodplain (FA) District, the lowest floor (including basement) of any new or substantially improved nonresidential structure shall be at or above the one-hundred-year flood elevation or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.

Any structure, or part thereof, which will not be completely or adequately elevated, shall be designed and constructed to be completely or essentially dry in accordance with the standards contained in the publication entitled "Floodproofing Regulations" (U.S. Army Corps of Engineers, June 1972), or some other equivalent standard, for that type of construction.

Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling.

Be used to the extent to which it does not adversely affect adjacent properties.

All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or other movement thus reducing the threat to life and property and decreasing the possibility of the blockage of bridge openings and other restricted sections of the watercourse.

All air ducts, large pipes and storage tanks located at or below the regulatory flood elevation shall be firmly anchored in accordance with accepted engineering practices to prevent flotation.

Wood flooring shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without incurring structural damage to the building.

Plywood shall be of any "exterior" or "marine" grade and of a water-resistant or waterproof variety.

Walls and ceilings in nonresidential structures shall have sufficient wet strength and be so installed as to structurally survive inundation.

Window frames, door frames, door jambs and other components shall be made of metal or other water-resistant material.

All electric water heaters, electric furnaces, electric air conditioning and ventilating systems, and other electrical equipment or apparatus shall be permitted only at elevations above the regulatory flood elevation, or be installed such that they can be readily removed from the area within the time available after flood warning.

No electrical distribution panels shall be allowed at an elevation less than three feet above the level of the one-hundred-year flood elevation.

Separate electrical circuits shall serve lower levels and shall be dropped from above.

Water heaters, furnaces and other mechanical equipment or apparatus shall be permitted only at elevations above the regulatory flood.

No part of any on-site sewage disposal system shall be constructed within any designated floodplain districts.

Water supply systems and sanitary sewage systems shall be designed to preclude infiltration of floodwaters into the systems and discharges from the system into floodwaters.

All gas and oil supply systems shall be designed to preclude the infiltration of floodwaters into the systems and discharges from the systems into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.

Adhesives shall have a bonding strength that is unaffected by inundation (i.e., "marine" or water-resistant quality.)

All wooden components (doors, trim, cabinets, etc.) shall be sealed with a "marine" or water-resistant quality or similar product.

Paints or other finishes shall be capable of surviving inundation (i.e., "marine" or water-resistant quality).

Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations) for units 50 feet or more in length, and one additional tie per side for units less than 50 feet in length.

Frame ties shall be provided at each corner of the mobile home, with five additional ties per side at intermediate locations for units 50 feet or more in length, and four additional ties per side for units less than 50 feet in length.

All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.

All mobile homes and any additions thereto shall also be elevated in accordance with the following requirements:

An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the appropriate Borough officials for mobile home parks and mobile home subdivision where appropriate.

No mobile homes shall be placed in any designated Floodway District or area.

Existing structures located in a designated Floodway District or area shall not be expanded or enlarged, unless the effect of the proposed expansion or enlargement on flood heights is reasonable offset by accompanying improvements.

Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an external or amount of 50% or more of its market value, shall be undertaken only in full compliance with the provisions of this Chapter.

Fully enclosed space below the lowest floor (including the basement) is prohibited.

Partially enclosed space below the lowest floor (including the basement), which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "partially enclosed space" also includes crawl spaces.

Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:

Consideration may be given to the requirements of 34 Pa. Code (Chapters 401-405, as amended) and the 2003 IRC (Sections R323.2.2 and R323.1.4) and the 2003 IBC (Sections 1612.4, 1612.5, 1202.3.2 and 1203.3.3).

The standards and specifications contained 34 Pa. Code (Chapters 401-405), as amended, and not limited to the following provisions shall apply to the above and other sections and subsections of this Chapter to the extent that they are more restrictive and/or supplement the requirements of this Chapter.

These regulations shall be utilized for subdivisions, inspections, residential and nonresidential structures, floodway increases, electric components, water systems and manufactured homes.

If compliance with the elevation or floodproofing requirements stated above would result in an exceptional hardship for a prospective builder, developer, or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of the requirement.

Requests for variances to the strict application of the provisions of this Chapter may be granted by the Zoning Hearing Board in accordance with the following procedures and criteria:

Whenever a variance is granted, the Zoning Hearing Board shall notify the applicant in writing that:

In reviewing any request for a variance, the Zoning Hearing Board shall consider, but not be limited to, the following:

Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the hydrostatic and hydrodynamic loads and pressures, and effects of buoyancy of the one-hundred-year flood.

No variances shall be granted for any construction, development, use or activity within any FE area that would, together with all other existing and anticipated development, increase the one-hundred-year flood elevation more than one foot at any point.