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Cleona City Zoning Code

PART 11

SUPPLEMENTARY DISTRICT REGULATIONS

§ 1101. EXCEPTIONS, ADDITIONS OR MODIFICATIONS.

The provisions of this Chapter shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary district regulations.
(Ord. 206, 2/7/1977)

§ 1102. ACCESSORY BUILDINGS.

An accessory building attached to a principal building shall comply in all respects with yard requirements of this Chapter for the principal building. Detached garages and separate accessory buildings may be located in any rear yard, provided they do not violate the coverage regulations set forth herein, side yards of not less than 5 feet are provided; and a rear yard set back from the rear property line of not less than 5 feet is provided, except detached garages where the entrance of the detached garage abuts a public alley, said garage entrance shall not be less than 10 feet from the alley right-of-way. The height requirement of this Section is repealed, and the height requirements shall be as set forth for the Zoning District where the property is located. Where the accessory building is located in the R-1 or R-2 Zoning District, the height restriction shall be as provided therein at 2½ stories or 35 feet.
(Ord. 206, 2/7/1977, § 10.01; as amended by Ord. 285, 7/6/2009, §IV)

§ 1103. TEMPORARY STRUCTURES FOR DWELLING PURPOSES.

No cabin, mobile home, garage, basement or other temporary structure, whether of fixed or mobile nature, may hereafter be erected or established for dwelling purposes for any length of time unless approval for temporary use is granted by the Zoning Hearing Board.
(Ord. 206, 2/7/1977, § 10.02)

§ 1104. FENCES, WALLS AND HEDGES.

The requirements of this Chapter shall not be deemed to prohibit any necessary retaining wall or any otherwise lawful fence or wall; provided, that in any district, no fence or wall in the front yard shall exceed 2½ feet in height, and in the side or rear yard the height shall not exceed 6 feet in height. The height of a fence or wall shall not exceed 2½ feet along any side lot line on a corner lot property, abutting on a street, unless such fence or wall is set back the required distance for the district’s side yard requirements.
(Ord. 206, 2/7/1977, § 10.03)

§ 1105. VISIBILITY AT INTERSECTIONS.

On a corner lot in any district a clear sight triangle shall be provided at all street and alley intersections. Within such triangles, no vision obstructing object other than utility poles shall be permitted which obscures vision above the height of 30 inches and below 10 feet, measured from the centerline grade of the intersecting streets. Such triangles shall be established from a distance of:
   A.   Fifty feet from the point of intersection of the centerlines of the intersecting street; except, that,
   B.   Clear sight triangles of 75 feet shall be provided for all intersections with State owned roadways.
(Ord. 206, 2/7/1977, § 10.04)

§ 1106. STRUCTURES TO HAVE ACCESS.

Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved public or private street. All structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
(Ord. 206, 2/7/1977, § 10.05; as amended by Ord. 283, 10/6/2008,§ 1)

§ 1107. PUBLIC UTILITIES EXEMPT.

The provisions of this Chapter shall not apply to any existing or proposed building or extensions thereof used or to be used by public utility corporations if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after public hearing, decide that the present or proposed location of the building in question is reasonably necessary for the convenience and welfare of the public.
(Ord. 206, 2/7/1977, § 10.06)

§ 1108. FRONT YARD EXCEPTIONS.

When an unimproved lot is situated between two improved lots with front yard dimensions less than required for that district, the front yard required shall be increased or decreased, as the case may be, to a depth equal to the average of the two front yards of the adjoining lots.
(Ord. 206, 2/7/1977, § 10.07)

§ 1109. EXCEPTION TO HEIGHT REGULATIONS.

1.   The height limitations contained in the schedule of district regulations or in the height and area regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. Such features, however, shall be erected and maintained only to such height as is necessary to accomplish the purpose they are to serve.
2.   No main building or accessory building intended for human occupancy shall exceed the height restrictions of any district; provided, that the side yards must be increased 2 feet for each 10 feet or fraction thereof by which the building exceeds the district height restrictions.
(Ord. 206, 2/7/1977, § 10.08)

§ 1110. WATER SUPPLY AND SEWAGE FACILITIES REQUIRED.

In the interest of protecting the public health, safety and welfare, every building or structure hereafter erected, altered or moved upon any premises and used in whole or in part for dwelling, commercial or recreational business or industrial purposes shall be provided with both a safe and sanitary water supply and a safe and sanitary means of collection and disposal of human excreta or domestic, commercial and industrial waste. Such facilities shall conform to the minimum requirements set forth by the Pennsylvania Department of Environmental Protection.
(Ord. 206, 2/7/1977, § 10.09; as amended by Ord. 261, 7/1/2002, § 1)

§ 1111. PROJECTIONS INTO YARDS.

The following projections shall be permitted into required yards and shall not be considered in the determination of yard size or lot coverage:
   A.   Terraces or patios, provided that such terraces or patios are not under roof or otherwise enclosed and are not closer that 5 feet to any adjacent property line.
   B.   Projecting architectural features - bay windows, cornices, eaves, fireplaces, chimneys, window sills or other architectural features, provided they do not extend more than 5 feet into any required yard nor closer than 3 feet to any adjacent property line.
   C.   Uncovered stairs and landings.
   D.   Open balconies or fire escapes, provided such balconies or fire escapes are not supported on the ground and do not project more than 5 feet into any required yard nor closer than 3 feet to any adjacent property line.
(Ord. 206, 2/7/1977, § 10.10)

§ 1112. ACCESSORY USES.

1.   Private, noncommercial swimming pools which are designed to contain a water depth of 24 inches or more must be located in a rear yard only and shall be entirely enclosed within a continuous fence not less than 4 feet in height. Such pools shall be located no closer than 15 feet to the rear and side property line. Fences for this Section are defined as an impermeable structure at least 4 feet in height from the grade level of the ground.
2.   Private tennis courts shall be located in the rear yard only and shall be no closer than 15 feet from the rear and side property line.
3.   Patios, paved terraces or open porches that do not have roofs and/or are not enclosed shall be permitted provided that no impermeable surface shall be within 5 feet of any property line.
4.   Nothing in this Section shall be construed to limit other uses not mentioned so long as they are clearly accessory to the principal permitted use of the land and do not create a threat to the public health, safety and/or welfare of the community.
(Ord. 206, 2/7/1977, § 10.11)

§ 1113. HOME OCCUPATION REGULATIONS.

In any district, any gainful occupation conducted by a member of the immediate family owning and residing on the premises may use parts of a dwelling for a home occupation provided that the following conditions are met and a permit is issued by the Zoning Officer:
   A.   Such occupation shall be clearly incidental or secondary to the use of the property as a residence and the use of the dwelling shall not change the character thereof or show any exterior evidence of such secondary use other than one small nameplate in accordance with Borough sign regulations found in Part 12.
   B.   No person other than members of the family residing on the premises shall be engaged in the home occupation.
   C.   The home occupation shall be conducted wholly within the dwelling and shall not occupy more than 25% of the area of the first floor of the dwelling nor more than 500 square feet.
   D.   All parking shall be off-street and two off-street spaces shall be provided in addition to that required of the residence unit.
   E.   Any home occupation which may create objectionable noise, fumes, odor, dust, electrical interference or more than normal residential traffic shall be prohibited.
   F.   Home occupations shall be primarily for the sale of services. Sale of any commodi ties shall be clearly incidental or secondary to any home occupation.
(Ord. 206, 2/7/1977, § 10.12)

§ 1114. GASOLINE PUMPS AND ALL OTHER SERVICE EQUIPMENT.

Gasoline pumps and all other service equipment shall be setback not less than 25 feet from any lot line and street right-of-way and shall be so located that vehicles stopped for service will not extend over the property line.
(Ord. 206, 2/7/1977, § 10.13)

§ 1115. LOT AREA AND LOT WIDTH FOR LOT NOT SERVED WITH PUBLIC WATER AND/OR SANITARY SEWERS.

Where a lot is not served by a public water supply and sanitary sewer system and the County Subdivision Ordinance or State or other local laws or ordinances in force require a higher standard for lot area or lot width than this Chapter, the more restrictive regulations of such ordinances or laws shall apply.
(Ord. 206, 2/7/1977, § 10.14)

§ 1116. 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 uses.
(Ord. 206, 2/7/1977, § 10.15)

§ 1117. ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT.

In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot; provided, that yard and other requirements of this Chapter shall be met for each structure as though it were on an individual lot.
(Ord. 206, 2/7/1977, § 10.16)

§ 1118. DANGEROUS STRUCTURES OR BUILDINGS.

Upon notification and request by the Zoning Officer, any building or structure which has deteriorated to the state where it is dangerous and/or unsafe for human occupancy, constitutes a fire hazard, endangers surrounding buildings, shelters rats or vermin or endangers the safety of children playing thereabouts, shall be repaired, altered or removed to eliminate the dangerous condition.
(Ord. 206, 2/7/1977, § 10.17)

§ 1119. PARKING, STORAGE OR USE OF MAJOR RECREATION EQUIPMENT.

For the purposes of these regulations, major recreational equipment is defined as including boats and boat trailers, travel trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. Major recreational equipment may be stored or parked on a lot or street within the limits of the Borough of Cleona for a period of time not to exceed 36 hours for the purpose of loading or unloading such major recreational equipment. Beyond said 36-hour period of loading and unloading major recreational equipment, such equipment shall be parked or stored in a carport, enclosed building or at the rear of a building closest to the street or alley. In the event that the property does not have access to the rear of the building for the purpose of parking or storage. the major recreational equipment may be parked in the front of the building at a location which is approved by the Borough of Cleona. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use.
(Ord. 206, 2/7/1977, § 10.19; as amended by Ord. 283, 10/6/2008, § 1)

§ 1120. PARKING AND STORAGE OF CERTAIN VEHICLES.

Automotive vehicles or trailers of any kind or type without current license plates and/or current State inspection shall not be parked or stored on any street or on any property other than in a completely enclosed building, unless they are integrally related to an automotive business and are located in the Commercial District.
(Ord. 206, 2/7/1977, § 10.20; as amended by Ord. 283, 10/6/2008, § 1)

§ 1121. SERVICES ON PARKING FACILITIES.

In no case shall a parking facility be used for sales, repair work, storage, dismantling or servicing of any vehicles, equipment, materials or supplies.
(Ord. 206, 2/7/1977, § 10.21; as amended by Ord. 283, 10/6/2008, § 1)

§ 1122. CORNER LOT RESTRICTION.

In all districts, corner lots shall have no required rear yards, but shall have two required front yards as measured from the road right-of-way line and two required side yards a s measured from the lot line.
(Ord. 206, 2/7/1977, § 10.22; as amended by Ord. 283, 10/6/2008, § 1)

§ 1123. NO-IMPACT HOME-BASED BUSINESS.

A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery, or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
   A.   The business activity shall be compatible with residential use of the property and surrounding residential uses.
   B.   The business shall employ no employees other than the family members residing in the dwelling.
   C.   There shall be no display or sale of retail goods and no stocking or inventory of a substantial nature.
   D.   There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
   E.   The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors, dust and dirt, or electrical or electronic interference with radio or reception which is detectable in the neighborhood.
(Ord. 206, 2/7/1977, § 10.22; as added by Ord. 283, 10/6/2008,§ 1)