Cressona City Zoning Code
SUPPLEMENTARY DISTRICT
REGULATIONS
§ 155.155 VISIBILITY AT INTERSECTIONS.
(A) (1) On a corner lot in any district a clear sight triangle shall be provided at all streets and alley intersections.
(2) Within such triangles, nothing shall be erected, placed, planted or allowed to grow, which impedes vision above the height of 30 inches and below ten feet measured from the centerline grade of intersecting streets, except street signs, traffic lights or signs, utility poles and mailboxes.
(B) Such triangles shall be established from a distance of 75 feet from the point of intersection of the centerlines.
(Prior Code, Ch. 27, § 27-1101) (Ord. 293, passed 4-20-1992, § 11.1; Ord. 3-2009, passed 8-17-2009, § 1)
§ 155.156 FENCES, WALLS AND HEDGES.
Notwithstanding other provisions of this chapter, fences, walls and hedges may be permitted in any required yard, or along the edge of any yard, provided that:
(A) No fence, wall or hedge is to be erected or planted within or encroaching upon the street right- of-way;
(B) No fence, wall or hedge along the sides or front edge of any front yard shall be over three feet in height. Fences, walls and hedges in side or rear yards other than for security fences, may not be more than eight feet in height;
(C) No fence, wall or hedge shall be located within a required clear sight triangle restricted area (above 30 inches and below eight feet in height) on a corner lot;
(D) A five foot rear yard setback is required when the rear property line abuts or fronts upon an alley and, in such cases, the five foot setback between the fence, wall or hedge and the alley must be paved;
(E) Security fences exceeding six feet in height shall only be permitted for nonresidential land uses. The tops of security fences exceeding six feet in height may also utilize barbwire; and
(F) Any retaining wall in excess of four feet shall be designed and certified by a registered professional engineer.
(Prior Code, Ch. 27, § 27-1102) (Ord. 293, passed 4-20-1992, § 11.2; Ord. 323, passed 7-6-1998; Ord 3-2009, passed 8-17-2009, § 1)
§ 155.157 ACCESSORY BUILDING.
(A) No separate accessory building shall be permitted in any required front yard. In side yards, accessory buildings shall be permitted within one and one-half feet of the property line.
(B) A five foot setback is required for the rear yard setback.
(Prior Code, Ch. 27, § 27-1103) (Ord. 293, passed 4-20-1992, § 11.3; Ord. 323, passed 7-6-1998)
§ 155.158 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT.
(A) 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.
(B) A land development plan is required when a principal structure (nonresidential) or more than one principal structure is proposed (multi-unit/lot residential development/subdivision, commercial or industrial) shall be submitted and reviewed in accord with applicable subdivision and land development regulations of the borough.
(Prior Code, Ch. 27, § 27-1104) (Ord. 293, passed 4-20-1992, § 11.4; Ord. 323, passed 7-6-1998)
§ 155.159 EXCEPTION TO HEIGHT REGULATIONS.
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.
(Prior Code, Ch. 27, § 27-1105) (Ord. 293, passed 4-20-1992, § 11.5)
§ 155.160 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 private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.
(Prior Code, Ch. 27, § 27-1106) (Ord. 293, passed 4-20-1992, § 11.6)
§ 155.161 PARKING, STORAGE OR USE OF MAJOR RECREATION EQUIPMENT.
(A) For purposes of these regulations, major recreational equipment is defined as including boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, converted school buses, tent trailers and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.
(B) No major recreational equipment shall be permitted to occupy any lot or any public right-of-way except in a carport or enclosed building or in a rear yard; provided, however, that such equipment may be parked anywhere during loading and unloading.
(C) No such equipment shall be used for living, sleeping or housekeeping purposes when stored on a residential lot, or in any location not approved for such use.
(Prior Code, Ch. 27, § 27-1107) (Ord. 293, passed 4-20-1992, § 11.7)
§ 155.162 PARKING AND STORAGE OF CERTAIN VEHICLES.
(A) (1) Automotive vehicles or trailers of any kind without current license plates and/or which do not possess a valid state inspection shall not be parked or stored on any property or public street other than in completely enclosed buildings, except on those premises where such storage is absolutely necessary to the operation of a business such as that of an automobile dealer.
(2) (a) No motor vehicle not customarily associated with resident travel, such as tractor trailer trucks, heavy construction equipment or similar equipment including, but not limited to, street sweepers, front-end loaders, back-hoes, skid-loaders, forklifts, motor-graders, dump trucks, paint trucks, and snowplows, shall be parked on any public street within any residential zone or on any residentially zoned property (other than in completely enclosed buildings) for a period greater than 60 days annually.
(b) Provided, however, that members of the United States Armed Forces currently on active duty and not residing in the borough, who provide the Borough Secretary/Treasurer with the following, shall be permitted to have unlicensed, uninspected motor vehicles which are parked on private property and not on a borough street:
1. Orders evidencing their active duty deployment status; or
2. A letter from their commanding officer verifying their deployment.
(B) The aforesaid exemption for deployed active duty Armed Forces members shall automatically terminate once their deployment status ends or upon their discharge from the United States Armed Forces.
(Prior Code, Ch. 27, § 27-1108) (Ord. 293, passed 4-20-1992, § 11.8; Ord. 2-2005, passed 7-5-2005; Ord. 3-2009, passed 8-17-2009, § 1)
§ 155.163 ANIMAL AND POULTRY.
Operations involving the use of buildings and land for farming, nurseries and greenhouses, riding academies, livery or boarding stables, dog kennels, animal hospitals, stock raising, dairying and poultry shall be permitted in the districts as provided herein subject to the following restrictions.
(A) No building in which livestock, other than customary household pets, is kept shall be closer than 200 feet of any adjoining lot line.
(B) No storage of manure or odor or dust producing substances or material shall be permitted within 200 feet of any adjoining lot line.
(C) The minimum lot size shall be three acres.
(Prior Code, Ch. 27, § 27-1109) (Ord. 293, passed 4-20-1992, § 11.9)
§ 155.164 CORNER LOT RESTRICTION.
On every corner lot, there shall be provided on the side street a side yard equal in depth to the required front yard of all other properties along said side street.
(Prior Code, Ch. 27, § 27-1110) (Ord. 293, passed 4-20-1992, § 11.10)
§ 155.165 LOT AREA AND LOT WIDTH FOR LOTS NOT SERVED WITH PUBLIC WATER AND/OR SANITARY SEWERS.
Where a lot is not served by a public water supply and/or sanitary sewer system and the County Subdivision Ordinance or state or 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 ordinance or laws shall apply.
(Prior Code, Ch. 27, § 27-1111) (Ord. 293, passed 4-20-1992, § 11.11)
§ 155.166 FRONT YARD EXCEPTIONS.
When an unimproved lot is situated between two improved lots with front yard dimensions more or less than those required for the 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.
(Prior Code, Ch. 27, § 27-1112) (Ord. 293, passed 4-20-1992, § 11.12)
§ 155.167 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 than five 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 five feet into any required yard nor closer than three feet to any adjacent property line;
(C) Uncovered stairs or landings; and
(D) Open balconies or fire escapes provided such balconies or fire escapes are not supported on the ground and do not project more than five feet into any required yard nor closer than three feet to any adjacent property line.
(Prior Code, Ch. 27, § 27-1113) (Ord. 293, passed 4-20-1992, § 11.13)
§ 155.168 ACCESSORY USES.
(A) (1) Swimming pools of a permanent nature, either above-ground or inground, are considered an accessory use and are therefore subject to the following specific regulations.
(2) Swimming pools shall be setback five feet from all property lines.
(3) Permanent swimming pools shall be entirely enclosed with a permanent barrier or fence not less than four feet in height, such fence having no opening with a dimension greater than four inches on a side (or in diameter in the case of round openings).
(4) (a) Walls of buildings may serve as part of the fence or barrier.
(b) Where such pools are of the type having above ground construction, that portion of the pool wall extending above the ground may be included as part of the barrier or fence.
(5) Fences shall have a gate which shall be securely locked when not in use.
(6) Above ground pools shall have a ladder or stairway which can be removed or rendered unusable and the entrance to the pool shall be capable of being securely closed to a height of four feet.
(B) Private tennis courts shall be permitted within side or rear yards provided that such facility shall not be less than 15 feet from side or rear property lines.
(C) Patios, paved terraces or open porches shall be permitted in all yards, provided that no impermeable surface shall be within two feet of any property line, unless as an extension of the existing dwelling which exhibits less than two feet of distance to the property line.
(D) 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.
(Prior Code, Ch. 27, § 27-1114) (Ord. 293, passed 4-20-1992, § 11.14; Ord. 323, passed 7-6-1998)
§ 155.169 MUNICIPAL USES.
(A) In any district, a building or use may be erected, altered or extended and land may be developed which is arranged, intended or designed for municipal uses.
(B) Further, the lot sizes, yard regulations and coverage requirements may be modified to accommodate such buildings or uses provided that the modifications will represent the least possible modification of the regulations at issue and provided further that all such modifications shall be in the public interest and they will not adversely affect other properties in the district in which they are located.
(Prior Code, Ch. 27, § 27-1115) (Ord. 293, passed 4-20-1992, § 11.15)
§ 155.170 PUBLIC UTILITIES EXEMPT.
The regulations of this chapter shall not apply to any existing or proposed building, or extension thereof, used or to be used by a public utility corporation, if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
(Prior Code, Ch. 27, § 27-1116) (Ord. 293, passed 4-20-1992, § 11.16)
§ 155.171 HOME OCCUPATION REGULATIONS.
In any residential 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.
(B) Home occupations shall be limited to the employment of not more than one assistant. An assistant is not to be construed as an additional independent operator or professional, but rather must be clearly an auxiliary helper such as a secretary or a receptionist.
(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 nor more than 400 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.
(Prior Code, Ch. 27, § 27-1117) (Ord. 293, passed 4-20-1992, § 11.17)
§ 155.172 GASOLINE PUMPS.
Gasoline pumps and all other service equipment shall be setback not less than 25 feet from any lot line and shall be so located that vehicles stopped for service will not extend over the property line.
(Prior Code, Ch. 27, § 27-1118) (Ord. 293, passed 4-20-1992, § 11.18)
§ 155.173 EROSION AND SEDIMENTATION POLLUTION CONTROL.
(A) It shall be unlawful for any building, structure or other improvement of land to be constructed or land disturbed without developing, implementing and maintaining erosion and sediment pollution control measures and facilities that effectively minimize accelerated erosion and prevent sediment pollution to waters of this Commonwealth. These controls shall be contained in an erosion and sedimentation control plan that meets the requirements of the Department of Environmental Protections’ Chapter 102 regulations, Erosion and Sediment Pollution Control Program Manual. A copy of the erosion and sedimentation control plan must be available at the earthmoving site at all times.
(B) Prior to the approval of any zoning, building, subdivision or land development applications, an erosion and sedimentation control plan must be submitted to and approved by the County Soil Conservation District.
(Prior Code, Ch. 27, § 27-1119) (Ord. 293, passed 4-20-1992, § 11.19; Ord. 323, passed 7-6-1998) Penalty, see § 155.999
§ 155.174 STORMWATER MANAGEMENT.
(A) For any actions or proposed actions that involve the alteration or development of land in a manner that may affect stormwater runoff, a stormwater management plan must be prepared by a qualified design professional prior to the issuance of a zoning or building permit.
(B) Post-development runoff shall not exceed predevelopment runoff based upon calculations for all storm frequencies through a 25-year storm return period.
(C) An applicant may utilize existing stormwater infrastructure if calculations show the facility is capable of handling the increase.
(D) Borough Council may exempt an activity from the stormwater management plan requirement for activities involving proposed impervious additions of less than 500 square feet, or for repairs to existing structures. Any exemption must be approved by Borough Council.
(E) The Zoning Officer will forward the plan and calculations to the Borough Engineer for review prior to the issuance of the permit, notwithstanding all other provisions of this chapter.
(Prior Code, Ch. 27, § 27-1120) (Ord. 2-2017, passed 3-20-2017)