No building or structure, or part thereof, shall hereafter be erected, constructed or altered, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of this chapter.

Every principal building shall hereafter be built on a lot with frontage on a public or private street.

No lot or premises shall hereafter be subdivided or reduced in area or size in any manner so as to violate the provisions of this chapter and the most recently adopted version of the Delaware County Subdivision and Land Development Ordinance.

No principal building or part thereof shall be erected within, or shall project into, any required yard in any district, except for unenclosed porches, decks, one-story bay windows, eaves, chimneys, balconies, fire escapes, buttresses, cornices or steps, and none of these, except unenclosed decks, shall encroach more than three feet into the required yard. However, unenclosed decks may extend into required rear yards in residential districts.

In residential districts, such unenclosed decks may extend not more than eight feet into required rear yards.

On any corner lot, no wall, fence or other structure shall be erected or maintained, and no hedge, tree, shrub or other growth shall be planted, grown or maintained which may cause danger to vehicular traffic by obscuring the view or in any other way be a source of danger.

Where a lot is located at the intersection of two streets, no obstruction of any kind whatsoever of a height greater than 24 inches from the grade level of the adjacent street shall be maintained or permitted within a sight triangle, the legs of which shall be 15 feet measured from the intersection of the right-of-way lines at the corner.

The Borough shall have the right to declare any obstruction to vision within the line of the sight triangle to be a safety hazard and shall direct the owner of the property to have it removed. If the owner fails to do so within 30 days after written notice, the Borough shall remove the obstruction and bill the owner and lien the property for the expense involved.

No accessory structures may be placed in the front of the principal building.

On corner lots, accessory structures shall be placed no closer to the side street than the principal building.

Except for fences, there shall be a distance of not less than three feet between an accessory structure and a side or rear lot line.

An accessory structure shall not exceed 15 feet in height.

Not more than one storage shed, as defined in Article II, shall be placed on a residential lot.

No storage building shall exceed 200 square feet with a maximum height of 15 feet.

Accessory structures shall not be used for permanent or temporary human habitation.

The deck shall be placed not less than one foot from the party wall of a twin or row dwelling or building for access and maintenance purposes.

Prior to constructing a deck or porch, a sketch plan shall be provided and a permit obtained from the Zoning Officer.

In an area where motor vehicles may park or drive, decks or porches shall have support posts constructed of concrete filled steel columns which shall be at least four inches wide and are fastened into footings not less than six inches wide.

After a zoning permit is issued for a deck or porch, no change in plans regarding setbacks, dimensions or heights is permissible without first receiving written permission from the Zoning Officer.

All materials used in the construction of a deck or porch shall comply with the requirements of the most recently adopted version of the Pennsylvania Uniform Construction Code.[1]

No fence, hedge or wall (except a retaining wall) shall exceed the following height and shall be restricted in location where noted:

Shared fences along properties shall be placed on the property lines separating the two properties. Where there is no shared fence, fences shall be placed one foot from the property line.

Fences that exceed six feet in height shall have a surface area that is at least 50% open and not a solid, opaque surface.

No barbed wire, razor wire or similar fence shall be permitted in the Borough, unless the applicant demonstrates a clear and compelling need for security prior to obtaining a building permit.

Owners of structures with barbed or razor wire or similar fencing must remove said fencing within one year of the effective date of this chapter unless the owner can demonstrate a clear and compelling security need to the Zoning Officer for erecting and maintaining such fence.

Fences shall always be installed so the finished side faces toward the outside of a property.

Hedges and other plantings, whether or not they constitute a fence, shall be trimmed so as not to grow out over sidewalks, streets, or adjoining properties.

Before erecting a fence, a sketch plan of the proposed fence must be submitted and a permit from the Zoning Officer obtained. Prior to the erection of a wall, an engineered plan of the proposed wall shall be submitted and a permit obtained from the Zoning Officer.

Swimming pools, as defined in Article II, in residential districts shall be considered accessory structures.

A private swimming pool shall not be permitted in the front yard, and no pool on a corner lot shall be placed closer to the side street than the principal building.

Swimming pools, where permitted, must be located at least six feet from a principal building and not less than four feet from any property line. In-ground swimming pools or any pool above two feet in height shall be at least 10 feet from a principal building.

The swimming pool or the yard on which it is located shall be surrounded by a fence that shall be not less than four feet high. If there is a gate in the fence, it shall be of the self-closing variety and shall be kept locked at all times when the pool is unattended.

No swimming pool shall be located under electrical lines or over existing utility lines.

Swimming pools shall comply with all other applicable regulations of this chapter.

A permit must be obtained from the Zoning Officer prior to the construction of a pool.

Apartments and multifamily dwellings and nonresidential buildings shall be properly lit to National Electric Code standards to assure safe driving conditions at night as well as security and safety of residents and patrons. All lighting shall be designed to protect neighboring properties from glare.

All driveways and off-street parking areas for commercial and institutional uses must be adequately lit to assure safe driving and maneuvering conditions at night as well as the security and safety for residents and patrons.

The maximum height of light poles shall be 25 feet in the IND Industrial District and 20 feet in all other districts.

Satellite antennas shall be permitted in all zoning districts.

The maximum diameter of satellite antennas shall not exceed 24 inches.

All satellite antennas shall be adequately grounded to prevent against a direct strike of lightning.

The installation of antennas shall be in accordance with all applicable local, state or federal codes and regulations.

Satellite antennas shall be located so as to minimize the visual impact on adjacent properties.

In the CBD Central Business District, satellite antennas shall not be located on the front wall of any structure and preferably on the roof.

Unless specifically stated otherwise for a particular district, all refuse shall be placed in closed, verminproof containers.

In the case of multifamily dwellings and nonresidential buildings, all refuse receptacles shall be effectively screened from the view of residents and from public streets and sidewalks by means of fence, wall and plantings. All such receptacles shall be placed on the property responsible for the refuse.

Temporary dumpsters shall be permitted in all districts for a period not to exceed 90 days, provided that a permit is obtained from the Borough as per the requirements of § 153-153D relating to the permits for the placement of temporary structures or uses. A maximum of two temporary permits may be obtained per calendar year.

No-impact home-based businesses shall be permitted as an accessory use in all residential districts.

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

The business shall have no employees other than family members residing in the dwelling.

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

The business may not use any process or equipment that creates noise, vibration, glare, fumes, odors or electrical or electronic interference with radio and television signals.

The business may not discharge any solid waste or sewage discharge that is not normally associated with residential use.

The business may not occupy more than 25% of the gross floor area of the residence.

There shall be no outside appearance to the business.

Each facility must receive all pertinent approvals and/or licenses from the appropriate state agencies prior to final approval of the application.

No facility shall be located within 400 feet of an existing facility as measured from the property lines.

There must be an on-site supervisor on a continuous twenty-four-hour basis by individuals possessing the proper qualifications for their position.

Any alterations or additions to the exterior of a family-based facility shall be compatible with the existing structure and in keeping with the neighborhood character, excluding required safety modifications.

Parking shall be provided in accordance with Article XIV.

All other applicable requirements of the Zoning Ordinance, building code, fire code and all other applicable Borough codes and state regulations and statutes shall be met.

All community residence facilities shall be available for reasonable periodic inspections by the Zoning Officer and other parties holding jurisdiction.

The operator of the facility must register annually with the Zoning Officer and provide the following information:

A planted visual screen, as defined in Article II, shall be provided and maintained under the following circumstances. In case of conflict between a regulation in this article and that in any individual district, the regulation in the individual district shall prevail.

Screening shall comply with the following requirements:

Upon a recommendation of the Planning Commission, an opaque privacy fence or wall may be substituted for the planted screen required above. Such alternate screening must be constructed and placed so as to clearly provide an effective visual barrier.

General regulations.

Landscaping plans.

Specific requirements.

Every owner, proprietor or operator of any rental unit in the Borough shall complete an application for the license and operation of such unit or units provided by the Borough prior to the operation of said units.

After such application, said unit(s) shall, within 60 days of the application, be inspected by the CO for violations of this chapter or any other applicable laws or regulations. If any violations are found, the CO shall specify said violation(s) and notify the owner, proprietor or operator to correct the violating conditions within the time designated by the CO. This time limit may be extended only one time by the written endorsement of the CO.

In order to be eligible for a license as a rental unit, the dwelling must:

Provide and maintain two means of egress.

In addition to the inspection required in Subsection B above, every licensed rental unit may be inspected at any time by the CO, and if this inspection reveals any violations of the provisions of Subsection C above, said officer shall order the owner or operator to correct the violation within the time prescribed by the CO. Failure to comply with the order shall constitute grounds for revocation of the license.

Each license noted in this section shall be valid for no longer than one year and shall be displayed in a prominent place in the building licensed.

Extent of processing, assembly, warehousing, shipping and distribution done on the premises of any dangerous, hazardous, toxic or explosive materials.

The nature and location of storage and outdoor display of merchandise and the predominant items stored.

The type, size and nature of buildings and structures supporting the use.

The number of employees and customers in relation to business hours and employment shifts.

The business hours the use is in operation or open for business, ranging from seven days a week, 24 hours a day to several times a year, such as sport stadiums or fairgrounds.

The transportation requirements for people and freight, by volume, type and characteristics of traffic generation to and from the site, trip purposes and whether trip purposes can be shared with other uses on the site.

Parking characteristics, turnover and generation, ratio of the number of spaces required per unit area or activity and potential for shared parking with other uses.

The tendency for attracting or repelling criminal activities to and from or on the premises.

The amount and nature of nuisances generated on the premises, such as noise, smoke, odor, glare, vibration, radiation and fumes.

Any special public utility requirements for the use, such as water supply, wastewater output, pretreatment of wastes and emissions recommended or required and any significant power structures and communication towers or facilities.

Unless stated otherwise, the following provisions shall apply to design considerations in the CBD Central Business District, HC Highway Commercial District, I Institutional District, BI Business Institutional District and TOD Transit-Oriented Development District:

The following provisions shall apply to design considerations in the R-1, R-2, R-3, R-4 and PRD Districts: