Denver City Zoning Code
ARTICLE VI
Supplementary District Regulations
§ 200-20 Provisions applicable in all districts; most stringent provisions to apply.
The provisions of this article shall apply to all uses, development, and structures in the Borough, regardless of district, and shall be considered as additional conditions or restrictions to any other provisions in this chapter. To the extent anything contained in this article conflicts with any other provision of the Zoning chapter, the most stringent and restrictive provision shall apply.
§ 200-21 More than one principal structure on lot.
In any district, more than one structure housing a permitted or permissible principal use(s) 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. In addition, such proposals shall gain approval for a land development plan and provide individually approved methods of sewage disposal and water service.
§ 200-22 Street frontage required.
Every principal building shall be built upon a lot with frontage upon a public street or a private street improved to meet Borough standards.
§ 200-23 Exceptions to height regulations.
The height limitations of this chapter shall not apply to church spires; farm structures when permitted by other provisions of this chapter (e.g., silos, barns, etc.); belfries, cupolas, penthouses and domes not used for human occupancy, chimneys, ventilators, skylights, water tanks, bulkhead and similar features; utility poles and standards; and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve and then only in accordance with any other governmental regulations.
§ 200-24 Exceptions to front yard requirements.
Where an unimproved lot of record is situated between two improved lots, the front yard requirements for the district may be modified so that the front yard may be an average of the adjacent existing front yards. Where an unimproved lot of record is adjacent to one improved lot which was developed prior to the enactment of this chapter, the front yard requirements of the unimproved lot may be reduced to the average of the existing improved lot setback and required front yard. If the block on which the site fronts is developed more than 50%, the setback of the majority of the existing buildings on that block must be used.
§ 200-25 General lot and yard requirements.
A.
Corner lots.
(1)
Front yards are required on both street frontages, and one yard other than the front yards shall be deemed to be a rear yard, and the other (or others) side yards.
(2)
In the case of a corner lot possessing frontage on two or more public streets, the setback lines shall be determined by the following standards:
(a)
At least one front setback shall be provided at the full distance required generally for the district in question, and the second (or subsequent) front setbacks, hereinafter referred to as secondary front setbacks, shall not have less than 1/2 the full distance required for the district in question; provided, however, that in no instance shall a secondary front setback be less than the minimum side yard setback required in the district in question.
(b)
In the case of a corner lot, if the block on which the second or subsequent front yard of the site is located is developed more than 50%, the setback of the majority of the existing buildings on that side block must be used. Otherwise the minimum setback on the side street shall be equal to no less that the minimum required side yard in the district.
(3)
The rear yard shall be that yard which is opposite and most distant from the front lot line on the street of address.
(4)
No obstructions to vision exceeding 30 inches in height above curb level shall be erected or maintained within a seventy-five-foot clear sight triangle formed by the center line of intersecting streets.
B.
Through lots. Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages. However, in the event of a complete system of through lots which are designed for reversed frontage, the front yard need only be along the more minor street of the subdivision.
C.
Irregularly shaped lots. In the case of irregularly shaped lots, the minimum lot width specified in the district shall be measured at the rear lot line of the minimum required front yard, provided that in no case shall the lot frontage measured at the street right-of-way line be less than 70% of the minimum lot width, except in the following situations: on culs-de-sac's or courts' or streets' center-line curves of less than three-hundred-foot radius where the lot frontage measured at the street right-of-way line shall not be less than 40% of the minimum lot width.
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D.
Projections into required yards.
(1)
Cornices, canopies, eaves or other architectural features may project into side yards a distance not exceeding two inches per one foot of side yard width but may not exceed a total of three feet.
(2)
Bay windows, balconies, fireplaces, uncovered stairways and necessary landings, and chimneys may project a distance not exceeding three feet.
(3)
Patios, decks, paved terraces and open porches may be located in side and rear yards, provided that they do not extend closer than three feet from any side or rear property line, and may project into front yards not closer than 20 feet to the street right-of-way line. If located closer than 10 feet to any adjacent property line, they shall be screened in accordance with the provisions of this chapter. In case of a corner lot, no such structures shall extend into the required yard adjoining each street closer than 20 feet to the street right-of-way line.
(4)
Nothing herein contained shall prevent the projection of an open fire escape into a yard for a distance not to exceed eight feet in a side or rear yard. No open fire escape shall project into a front yard.
(5)
Handicap ramps may be permitted in front yards, in accordance with the following requirements:
§ 200-26 Lot size reductions prohibited.
No lot, even though it may consist of one or more adjacent parcels or lots of record, shall be reduced such that any minimum area, bulk, or other requirement of this chapter is not maintained. This shall not apply when a portion of a lot is acquired for a public purpose.
§ 200-27 Minimum habitable floor area.
§ 200-28 Keeping of large animals.
Large animals (such as cattle, horses, goats and pigs) shall be kept on a lot with a minimum of 10 acres in lot area and shall be stabled or housed in buildings located at least 100 feet from any lot line. In the case of the keeping of large grazing animals (such as cattle and horses), a minimum of 1 1/2 acres of lot area is required for each large grazing animal, but in no case shall the total lot area be less than 10 acres in size.
§ 200-29 Landscaping and screening.
A.
Landscaping.
(1)
Any part or portion of a site which is not used for buildings or other structures, loading and parking spaces and aisles, sidewalks and designated storage areas shall be planted and maintained with landscaping.
(2)
Except for single-family detached, single-family semidetached, and two-family detached dwellings, any part or portion of a site which is not used for buildings or other structures, loading and parking spaces and aisles, sidewalks and designated storage areas shall be landscaped according to an overall plan, prepared and approved as part of a land development plan required under the Borough's Subdivision and Land Development Ordinance.[1]
B.
Screening.
(1)
Screening requirements shall be applicable under the following circumstances:
(a)
Where a proposed commercial, industrial, or institutional use abuts an existing residential use or residential district.
(b)
Where any proposed multifamily residential use abuts an existing single-family detached, single-family semidetached, or two-family detached dwelling.
(c)
Any other instance where screening is required by this chapter.
(3)
Exceptions. No screening is required along a side or rear property line when the side or rear property line abuts a public alley.
C.
Off-street parking areas.
(1)
Wherever a parking area of over five spaces abuts or is within 15 feet of the side or rear lot line of a lot in any residential district, the parking area shall be screened from such adjoining lot by a substantial wall, fence, or thick hedge.
(2)
Whenever a parking area of over five spaces is located across the street from other land in any residential district, it shall be screened from the view of such land by a thick hedge, wall, or fence, located along a line drawn parallel to the street and a distance of 20 feet therefrom; such screening to be interrupted only at points of ingress and egress.
D.
Service, loading and trash disposal areas.
(1)
All service, delivery, loading and outdoor storage and trash disposal areas shall be screened from all residential districts, public streets, parking lots and pedestrian walkways.
(2)
These areas shall be totally screened from the above-listed places by the use of fences, walls, berms, evergreen plant material, or a combination of these, not less than six feet in height.
E.
All mechanical equipment not enclosed in a structure shall be fully and completely screened in a matter compatible with the architectural and landscaping style of the remainder of the lot.
F.
Water towers, storage tanks, processing equipment, fans, skylights, cooling towers, vents and any other structures or equipment which rise above the roofline shall be architecturally compatible with or effectively shielded from view from any public or private dedicated street by an architecturally sound method which shall be approved, in writing, by the Borough before construction or erection of said structures or equipment.
§ 200-30 Outdoor storage.
A.
Outdoor storage shall be completely screened from view of any adjacent residential use. Screening shall consist of evergreen plantings, architectural screen, or approved safety fence, in accordance with the requirements of § 200-29.
B.
No storage shall be permitted within the front yard of any lot.
C.
Outside storage of raw materials and/or finished products shall be permitted only within the buildable area of the lot to the rear of the front building wall of the principal building, and shall not exceed 20 feet in height.
D.
All organic refuse or garbage shall be stored in tight, verminproof containers. In multiple-family, commercial, industrial and other nonresidential developments, garbage storage shall be centralized to expedite collection and enclosed on three sides by architectural screen or plantings.
E.
Domestic composts. The placement of framed enclosure composts as an accessory residential use is permitted, subject to all accessory use setbacks. Only waste materials from the residential site shall be deposited within the compost, and in no case shall meat, or meat by-products, be composted. All composts shall be properly maintained so as not to become a nuisance to nearby properties. In addition, all composts shall comply with the Borough's Solid Waste Ordinance.[1]
§ 200-31 Temporary structure or use.
A temporary permit may be issued by the Zoning Officer for structures or uses necessary during construction or other special circumstances of a nonrecurring nature subject to the following additional provisions:
A.
The life of such permit shall not exceed one year and may be renewed for an aggregate period of not more than two years.
B.
Such structure or use shall be removed completely upon expiration of the permit without cost to the Borough.
C.
A temporary structure for dwelling purposes shall be permitted only under the following conditions:
(1)
Occupancy shall be limited to the resident and/or property owner.
(2)
Occupancy shall only be permitted as a result of special circumstances that make the existing dwelling on the property unlivable, such as fire damage, flooding, interior construction, fumigation, etc.
(3)
Occupancy for a nonresident shall not be permitted for any time period.
(4)
Tents or recreational vehicles shall not be used as guest quarters for a friend or relative.
D.
All temporary structures must meet the setback requirements within the given zoning district, where feasible.
§ 200-32 Accessory uses.
Nothing in this article 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.
§ 200-33 Accessory buildings and structures.
A.
Structures (such as bathhouses, greenhouses, storage sheds, and detached garages) shall not exceed 50% of the floor area of the building footprint of the principal building; shall not exceed 12 feet in height; and shall not be located in front of the principal building; within 10 feet of the principal building; within six feet of a side lot line; or within five feet of a rear lot line. Garages attached to the principal building shall be treated as part of the principal building and shall therefore comply with the applicable setback and height requirements for the principal building.
[Amended 5-9-2016 by Ord. No. 629]
B.
In addition to the requirements of Subsection A above, the following shall apply to lots with an average width greater than 12 feet but less than 35 feet:
(1)
An accessory structure shall be a minimum of two feet from a side lot line and five feet from a rear lot line.
(2)
An accessory structure, other than a private garage, shall not exceed 80 square feet in building floor area and 10 feet in height.
(3)
Only one accessory structure shall be permitted in addition to any private garage.
C.
In no case shall accessory structures be permitted on lots with an average width of less than 12 feet.
§ 200-34 Essential services.
A.
Essential services are permitted by right as principal or accessory uses in all districts.
B.
Only uses specifically listed in this subsection shall be considered to be essential services.
C.
The following are essential services not required to meet the accessory or principal setback, lot area or other lot requirements of this chapter, unless future building or subdivision could be possible on the lot:
(1)
Oil pipeline and natural gas transmission and distribution lines and accessory compressing stations.
(2)
Electrical transformers as an accessory use to dwellings.
(3)
Electrical, telephone and streetlight poles.
(4)
Electrical transmission and distribution lines and meters.
(5)
Wells, standpipes, water transmission lines, cisterns and meters.
(6)
Cable television and telephone lines.
(7)
Stormwater pipes, outfalls, detention basins, swales and catch basins.
(8)
Shelters and benches for buses that transport school children or that are owned, operated or financed by a public transit authority, with signage in accordance with Article IX.
(9)
United States Postal Service mailboxes.
(10)
Boxes for receiving individual newspapers.
(11)
Railroad lines.
(12)
Fire hydrants and emergency call boxes.
(13)
Engineering retaining walls that are clearly necessary to hold back slopes.
(14)
Household air conditioners.
(15)
Sidewalks.
(16)
Residential driveways.
(17)
UHF or VHF television antennas.
(18)
Ramps primarily intended for handicapped access.
(19)
Outside entrance to a basement of a dwelling.
D.
The following are essential services that are required, except as may be exempted by the MPC, to meet all the requirements of this chapter, as principal or accessory uses, as applicable:
(1)
Water towers, filtration plants and pressure stations.
(2)
On-lot septic disposal systems.
(3)
Emergency and other electrical generators and compressors.
(4)
Solid waste bulk dumpsters and bulk compactors.
(5)
Telephone switching stations.
(6)
Construction: temporary storage of vehicles and materials and/or construction office trailers that are clearly needed and being actively used for current construction on the same or an adjacent lot or within the same subdivision.
(7)
Industrial or commercial air conditioners.
E.
The following are essential services which are permitted when an application for a special exception is granted by the Zoning Hearing Board pursuant to Article XII of this chapter:
F.
Buffering. Electrical substations and sewage pumping stations shall be required to provide evergreen screening on sides that are within 150 feet of a dwelling, undeveloped residentially zoned land or arterial street. The screening shall meet the requirements of § 200-29. This screening shall only be required if the electric substation would have facilities of greater than 10 feet in height. Screening shall not be required if all of the facilities are completely enclosed within a building or surrounded by a brick wall at least six feet in height.
§ 200-35 Fences and walls.
[Amended 3-9-2020 by Ord. No. 664]
A.
In the Residential, Institutional and Business Districts:
(1)
No fence or wall shall exceed three feet in height in any front yard or six feet in height in any side or rear yard.
(2)
A front fence or wall shall be located behind the sidewalk and outside of the street right-of-way.
(3)
Fences located in front yards shall be constructed of a decorative material (not chain link).
(4)
The finished or decorative side of all fences shall face the adjoining property. The support posts, etc., shall be installed on the owner's side of the fence.
B.
In Industrial Districts, fences or walls may be erected to a height not exceeding eight feet along the side and rear lot lines, with the following exceptions:
(1)
Where such lots abut upon property zoned residential, the fences or walls may not exceed six feet in height along lot lines where so abutting without a special exception being granted by the Zoning Hearing Board, and, in no case, shall such a special exception permit a fence of greater than eight feet in height.
C.
Fences surrounding tennis courts may be erected to a height not exceeding 10 feet, subject to the further requirements of § 200-39.
D.
Except for fences surrounding a tennis court under Subsection C above, no fence shall be erected to exceed eight feet anywhere on any lot in the Borough.
E.
Electric fences are prohibited within the Borough limits.
F.
Barbed/razor wire fences are prohibited except when required for security at a utility/essential services facility.
G.
(Reserved)
H.
No fence or wall shall be located directly on (centered on) a property line.
I.
No fences or walls shall be located in the clear sight triangle of any street or public roadway.
J.
No fences or walls shall be located in or across any Borough easement or right-of-way.
K.
The use of what is commonly known as chicken wire, orange safety fence, snow fence or the like is prohibited within the R-1, R-2, R-3 and Business Districts. Orange safety fence may, however, be used for construction purposes.
L.
A zoning permit is required prior to locating, constructing or installing any fence or wall within the Borough.
§ 200-36 Landscaping walls.
In all zoning districts, walls for landscaping purposes may be erected in required yard setbacks but shall not be located closer than two feet from property lines, street and utility rights-of-way, or in clear sight triangles. Landscaping walls shall only be constructed of masonry or landscape timbers and shall be maintained in good condition. A zoning permit shall be required to locate, construct or place any landscape (retaining) wall within the Borough. Landscape (retaining) walls shall not exceed three feet in height in any front yard or six feet in height in any side or rear yard areas.
§ 200-37 Noncommercial swimming pools, spas and whirlpools.
A noncommercial swimming pool, spa or whirlpool designed to contain a water depth of 24 inches or more shall not be located, constructed or maintained on any lot or land area except in conformity with the following requirements:
A.
Permit. A zoning permit shall be required to locate, construct or maintain a noncommercial swimming pool, spa or whirlpool.
B.
Location. No pool, spa or whirlpool shall be located in front of the principal building. No above- or in-ground pool shall be located within 10 feet from any street line, within 10 feet of a side or rear lot line or be under any electrical lines or over any on-lot sewage disposal field or system. No portion or any walkway or pool appurtenance structure shall be closer than four feet to any lot line. The locations of spas or whirlpools conform to the requirements for accessory structures in § 200-33.
C.
Fence. Every noncommercial swimming pool, spa or whirlpool shall be provided with a permanent barrier securely anchored in the ground and of sufficient strength and support to prevent the permanent barrier from being pushed over, cut or collapsing from external forces. The permanent barrier shall comply with the following:
(1)
The top of the barrier shall be at least 48 inches above finished ground level, measured on the side of the barrier which faces away from the swimming pool, spa or whirlpool. The maximum vertical clearance between finished ground level and the bottom of the barrier shall be four inches, measured on the side of the barrier which faces away from the swimming pool, spa or whirlpool. When the top of the pool, spa or whirlpool is above finished ground level, such as an aboveground pool, the barrier may be at finished ground level, such as the pool, spa or whirlpool structure, or mounted on top of the pool, spa or whirlpool structure. Where the barrier is mounted on top of the pool, spa or whirlpool structure, the maximum vertical clearance between the top of the pool, spa or whirlpool structure and the bottom of the barrier shall be four inches.
(2)
Openings in the barrier shall not allow passage of a four-inch diameter sphere.
(3)
Solid barriers that do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
(4)
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool, spa or whirlpool side of the fence. Spacing between vertical members shall not exceed 1 3/4 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches in width.
(5)
Maximum mesh width for chain link fence shall be a one-and-one-fourth-inch square unless the fence is provided with slats fastened at the top or bottom which reduce the openings to not more than 1 3/4 inches in width.
(6)
Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall be not more than 1 3/4 inches.
(7)
Access gates shall comply with the requirements of Subsection C(1) through (6) and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outwards away from the pool, spa or whirlpool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate, the release mechanism shall be located on the pool, spa or whirlpool side of the gate at least three inches below the top of the gate and the gate and barrier shall not have an opening greater than 1/2 inch within 18 inches of the release mechanism.
(8)
Where an aboveground pool, spa or whirlpool structure is used as a barrier or where the barrier is mounted on top of the pool, spa or whirlpool structure, and the means of access is a ladder or steps, then the ladder or steps shall be capable of being secured, locked or removed to prevent access or the ladder or steps shall be surrounded by a barrier which meets the requirements of Subsection C(1) through (7). When the ladder or steps are secured, locked or removed, any opening created shall not allow passage of a four-inch diameter sphere.
(9)
Spas and whirlpools may have alternate means other than fences to prevent unauthorized use.
D.
Water. If the water for such pool, spa or whirlpool is supplied from a private well, there shall be no cross-connection with the public water supply system. If the water for such pool, spa or whirlpool is supplied from the public water supply system, the inlet shall be above the overflow level of said pool, spa or whirlpool.
E.
Drainage. The drainage of any pool, spa or whirlpool shall not affect other properties, water or sewerage facilities, or streets.
F.
Noise. No loudspeaker or amplifying device shall be permitted which will project sound beyond the boundaries of the property or lot where such pool, spa or whirlpool is located.
G.
Lighting. No lighting or spotlight shall be permitted which will shine directly upon or beyond the bounds of the property or lot where such pool, spa or whirlpool is located.
H.
Annual inspection. The Borough Zoning Officer shall inspect each pool, spa or whirlpool annually to ensure continued compliance with this chapter.
§ 200-38 Ornamental ponds.
A.
Such structures shall comply with all residential accessory use setbacks as specified in the governing zoning district.
B.
No such impoundment shall contain more than 450 cubic feet of water.
C.
No such impoundment shall have a length or diameter exceeding 15 feet or a maximum water depth exceeding two feet.
D.
All such ponds shall be maintained so to not pose a nuisance by reason of odor or the harboring of insects.
E.
No such pond(s) shall be used for the commercial hatching of fish or other species.
§ 200-39 Tennis courts and other recreational accessory structures.
No tennis court or other residential recreational accessory structure shall be located within any minimum yard requirement. Tennis courts are also subject to the following:
A.
No facility shall be permitted unless it is protected by an open mesh permanent fence 10 feet in height behind each baseline extending 10 feet beyond the playing area in each direction.
B.
No facility, including fence, shall be permitted to be located within 10 feet of any property line, nor exceed 10 feet in height, unless approved by special exception from the Zoning Hearing Board.
C.
No facility, including fence, shall be located closer to the front of the lot than the front wall of the principal building.
D.
No lighting shall shine directly beyond a boundary of the lot where the tennis court is located.
§ 200-40 Phone booths, automatic bank teller machines and similar structures.
§ 200-41 Satellite dish antennas.
A.
The following types of satellite dish antennas shall be allowed in all Residential, Institutional and Business Districts and shall not require a permit for same, but shall observe setback regulations if applicable.
B.
The location of all satellite dish antennas must comply with the setback restrictions for the principal use and shall not be located in front of the principal building, unless applicable provisions of the Federal Communications Commission would be violated.
C.
All ground-mounted satellite dish antennas located within the Industrial District that are used to transmit video format data shall be completely enclosed by an eight-foot-high, nonclimbable fence that includes signage warning of dangerous radiation levels. Any gates within the fence shall be locked when unattended. Satellite dish antennas within the Industrial District shall comply with all principal use standards.
§ 200-42 Personal ham/amateur radio antennas and towers.
Such devices are permitted in any district as an accessory use to a principal residence, provided that they are not located within the front yard and that they are set back a horizontal distance from each property line at least equal to their height.
§ 200-43 Waste storage facilities.
A.
All commercial facilities shall have outdoor waste storage facilities that shall be routinely emptied.
B.
All facilities shall be screened or landscaped and shall be fully enclosed to limit animal access and wind-blown waste.
C.
No required parking areas may be occupied by any waste storage facility.
D.
No facilities shall be located in any front yard.
§ 200-44 Water supply and sewerage 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 PaDEP.
§ 200-45 Nuisances prohibited.
No land or structure in any zoning district shall be used or occupied in any manner that creates any:
A.
Dangerous, injurious, or noxious condition;
B.
Fire, explosive or other hazards;
C.
Heat, electromagnetic or other radiation;
D.
Noise or vibration;
E.
Smoke, dust, odor or other form of air pollution; or
F.
Any other condition in such manner or in such amount as to adversely affect the reasonable use or value of the surrounding area or adjoining premises or be dangerous to public health or safety.
§ 200-46 Industrial performance standards.
A.
Noise control.
(1)
No person shall operate or cause to be operated on private or public property any source of continuous sound (any sound which is static, fluctuating or intermittent with a recurrence greater than one time in any fifteen-second interval) in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in the following table when measured at or within the property boundary of the receiving land use:
Sound Level Limits by Receiving Land Use and Time | |||
|---|---|---|---|
Receiving Land Use Category | Time | Sound Level Limit (dBA) | |
Residential, public space, open space, agricultural or institutional | 7:00 a.m. to 10:00 p.m. | 60 | |
10:00 p.m. to 7:00 a.m., plus Sundays and legal holidays | 50 | ||
Commercial or business | 7:00 a.m. to 10:00 p.m. | 65 | |
10:00 p.m. to 7:00 a.m., plus Sundays and legal holidays | 60 | ||
Industrial | At all times | 70 | |
(2)
For any source of sound which emits a pure tone, the maximum sound level limits set forth in Subsection A(1) shall be reduced by five dBA.
(3)
The maximum permissible sound level limits set forth in Subsection A(1) shall not apply to any of the following noise sources:
(a)
The emission of sound for the purpose of alerting persons to the existence of an emergency.
(b)
Emergency work to provide electricity, water or other public utilities when public health or safety is involved.
(c)
Domestic power tools, between the hours of 8:00 a.m. and 9:00 p.m. on Mondays through Fridays and between 8:00 a.m. and 8:00 p.m. on Saturdays and Sundays.
(d)
Explosives and construction operations.
(e)
Agriculture.
(f)
Motor vehicle operations.
(g)
Public celebrations, specifically authorized by the Borough.
(h)
Surface carriers engaged in commerce by railroad.
(i)
The unamplified human voice.
(4)
For any source of sound which emits an impulsive sound (a sound of short duration, with an abrupt onset and rapid decay and an occurrence of not more than one time in any fifteen-second interval) the excursions of sound pressure level shall not exceed 20 dBA over the ambient sound pressure level, regardless of the time of day or night or receiving land use, using the fast meter characteristic of a Type II meter, meeting the ANSI specifications S1.4-1971.
B.
Vibration control.
(1)
No person shall operate or permit the operation of any device or conduct or permit any use to be conducted that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source (if on private property) or at 50 feet from the source (if on a public space or public right-of-way).
(2)
For the purposes of Subsection B(1), "vibration perception threshold" means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
C.
Dust, dirt, smoke, vapors, gases and odors control. No person shall operate or permit the operation of any device or conduct or permit any use to be conducted which does not conform with the standards established under the State Air Pollution Control Act of January 9, 1960, Public Law 2119, as amended, 35 P.S. § 4001 et seq.
D.
Light, glare and heat control. All uses shall minimize the production of light, heat or glare that is perceptible beyond any property line of the lot on which the light, heat, or glare is produced.
E.
Electric, diesel, gas or other power. Every use requiring power shall be so operated that any service lines, substation, or other facility shall:
F.
Control of radioactivity, electrical emissions, and electrical disturbances.
(1)
No person shall operate or permit the operation of any device or conduct or permit any use to be conducted which does not comply with the regulations of the PaDEP's Division of Radiology, the Federal Nuclear Regulatory Commission, and the Federal Interstate Commerce Commission.
(2)
No person shall conduct or permit any use to be conducted which causes electrical disturbances (except from domestic household appliances) to adversely affect any equipment at any time other than the equipment creating the disturbance.
§ 200-47 Environmental preservation required.
A.
All uses shall be developed in a manner consistent with the preservation of the quality of the existing environment and of any natural amenities present on the site.
B.
All uses shall provide for the preservation and the minimum destruction of natural drainage areas, minimum grading and destruction of the ground surface, the preservation of substantial stands of trees and forested areas, and the preservation of attractive views and any other natural features existing on the site.
§ 200-48 Slope control regulations.
The areas to be regulated by these controls are shown generally on the topographic map which is on file in the Borough office; however, these controls shall apply to all areas of the Borough where the conditions are applicable to all zoning districts. It is the purpose of these regulations to protect slopes, to limit the amount of the removal of natural resources, protect the watershed areas, and to minimize erosion of the soil.
A.
Upon the receipt of an application for a building permit, the Zoning Officer may require that a registered surveyor or professional engineer prepare a site plan, which shall show the degree of slope.
B.
Slope controls. If the proposed building site is located in those areas of the Borough where the natural slope of the land exceeds 25% as shown generally on the topographic map, the following regulations shall apply:
§ 200-49 Public utility corporations.
The provisions 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. It shall be the responsibility of the Pennsylvania Public Utility Commission to ensure that both the corporation and the Borough have notice of the hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties and otherwise exercise the rights of a party to the proceedings.
§ 200-50 Mobile homes.
Individual mobile homes will be considered single-family detached dwellings if they conform with all requirements for single-family detached dwellings, and with the following additional criteria:
A.
All mobile homes shall be set upon and securely fastened to a permanent foundation of block or concrete, with concrete footings extending at least 36 inches below finished grade that will not heave, shift, settle or move due to frost action, inadequate drainage, or other forces acting on the superstructure. In addition to the foregoing, the mobile home foundation will be provided with devices for anchoring the mobile home to the foundation to prevent overturning or uplift of the mobile home. The anchoring device should be in the form of anchor bolts fastened securely to the base frame of the mobile home and anchored to the concrete footing with adequate anchor plates or hooks.
B.
All wheels, and any removable hitch shall be removed from the mobile home and either removed from the lot or placed within a building.
C.
The construction of all mobile homes shall conform to the requirements of Act No. 69 of the General Assembly of the Commonwealth of Pennsylvania, enacted May 11, 1972, and any other state or federal laws or regulations and no mobile homes shall be modified or improved without strict compliance with this Act and all other provisions.
D.
An enclosure of compatible design and materials shall be erected around the entire base of the mobile home. Such enclosures shall provide sufficient ventilation to inhibit decay and deterioration of the structure.
§ 200-51 Forestry activities.
In accordance with the requirements of Section 603(f) of the MPC,[1] as amended by Act 68 of 2000, forestry, including the harvesting of timber, is permitted as of right in all zoning districts within the Borough subject to the provisions generally applicable to all uses in the district in which such land is located. If in the future the General Assembly amends the MPC to repeal Section 603(f) or to remove the requirement that forestry be permitted in all zoning districts in every municipality, this section will be of no further force or effect.
[1]
Editor's Note: See 53 P.S. § 10603(f).
§ 200-52 (Reserved) [1]
[1]
Editor’s Note: Former § 200-52, Floodplain regulations, was repealed 5-9-2016 by Ord. No. 629, such repeal to be effective upon the effective date of Ord. No. 628, adopted 3-28-2016. Ordinance No. 629 also provided that all references in Ch. 200 to floodplain management regulations would hereinafter refer to Ord. No. 628. See now Ch. 114, Floodplain management.
§ 200-53 Storage of recreational vehicles, boats or utility trailers.
A.
A recreational vehicle, boat or utility trailer shall be stored on a lot in the rear or side yard of the principal building, in a garage, or in a carport. Such storage shall not be permitted in the front yard of the principal building or on a parking lot used by the general public.
[Amended 3-9-2020 by Ord. No. 664]
B.
For the purpose of this section, "storage" shall be deemed to be any continuous seventy-two-hour period.
C.
A grace period of 48 hours to prepare the recreational vehicle, boat or utility trailer for travel or vacation uses is permitted to allow parking in the driveway area of the front yard of the principal building only. Parking on the street or in the front yard other than on the driveway is prohibited.
[Amended 3-9-2020 by Ord. No. 664]
§ 200-54 Demolition of historic resources.
A.
No historic resource as defined by this chapter shall be demolished or moved from its original foundations without review and approval as a conditional use by the Borough Council. As part of the review by Borough Council, the applicant must address each of the following specific criteria:
(1)
That is not feasible to continue the current use.
(2)
That other uses permitted within the underlying zoning district, either as permitted uses, special exception uses, or conditional uses, have been denied or are not feasible due to constraints on the building or structure.
(3)
That adaptive use opportunities do not exist due to constraints related to the building, structure or property.
(4)
That the building, its permitted uses, and adaptive use potential do not provide a reasonable rate of return, based on a reasonable initial investment.
(5)
That the applicant has not contributed to the existing conditions, either through neglect or prior renovation, conversion, alteration, or similar physical action.
(6)
That the demolition will not adversely affect the character of the neighborhood or community.
(7)
That any proposed new building(s), structures(s) or use of the property will not adversely affect the character of the neighborhood or community.
(8)
That the building is structurally unsound.
B.
No permit for the demolition or moving of an historic feature from its original foundations shall be issued until the Borough Council has reviewed the request and approved the request as a conditional use.
C.
Any historic resource that has been approved for demolition shall be photo-documented to provide a permanent historical record of what existed on that property. Photos shall include all exterior elevations and architectural features as well as a sufficient number of interior photos to convey the interior layout of the building. A photo key should also be provided. In addition, the applicant is encouraged to have the building dismantled and salvaged for reusable building materials and architectural features.
§ 200-55 Seasonal roadside stands.
Portable roadside stands for the sale of farm products produced on the property where offered for sale are permitted with the following restrictions:
A.
Size. The area where products are displayed or sold shall not exceed 800 square feet.
B.
Location. The stand shall be at least 50 feet from a street intersection and shall be at least 20 feet from the cartway.
C.
Removal in off-season. The stand shall be portable, shall be maintained in good condition and shall be removed during seasons when products are not being offered for sale.
§ 200-55.1 Alternative energy systems.
[Added 10-31-2011 by Ord. No. 603]
A.
Purpose. The purpose of this section is to encourage alternative energy systems that have a positive impact on energy production and conservation while not having an adverse impact on the community, in order to:
(1)
Promote rather than restrict the use of alternative energy systems by creating a clear regulatory path for approving alternative energy systems;
(2)
Create livable communities where development incorporates sustainable design elements such as resource and energy conservation and the use of renewable energy; and
(3)
Encourage alternative energy development in locations where the technology can be environmentally, economically and socially compatible.
B.
Accessory solar energy systems.
(1)
Zoning districts allowed. Accessory solar energy systems are allowed in all zoning districts as an accessory use to a principal use of the lot.
(2)
General requirements.
(a)
An accessory solar energy system shall provide power for only the principal use and customary, accessory uses of the lot on which located. The system shall be used solely for the generation of power for use on-site. Excess electric power generated incidentally may be sold to a power utility provider.
(b)
A single assemblage of solar panels, regardless of the number, and supporting equipment constitutes an accessory solar energy system. Conduit and other utility connections are not considered to be part of the system. More than one system may be installed on a lot.
(c)
An accessory solar energy system shall not display advertising. The manufacturer's or installer's identification and appropriate warning or cautionary notices may be displayed, provided they comply with current sign regulations.
(3)
Required development standards.
(a)
Accessory solar energy systems shall only be roof-mounted and located on either a principal or accessory building. Such systems shall not be allowed on a structure constructed or adapted for the purpose of accommodating an accessory solar energy system.
(b)
Roof-mounted solar panels and shingles shall not exceed the highest peak of a pitched roof building. The tops of panels shall not exceed the height of the parapet or four feet, whichever is less, on a flat-roofed building.
(c)
The accessory solar energy system shall be set back a minimum of three feet from the bottom edge of the building roof.
(d)
All utility connections to the accessory solar energy system shall be trenched and undergrounded to the point of intersection with the support building, unless the applicant demonstrates to the satisfaction of the Zoning Officer that it is not feasible to trench and underground a utility connection.
(e)
Glare from accessory solar energy systems should be minimized through the use of nonreflective, such as anodized, finishes.
(4)
Construction and permits.
(a)
Accessory solar energy systems require the approval and issuance of a building permit by the Zoning Officer prior to the start of construction.
(b)
The design and installation of accessory solar energy systems shall conform to applicable industry standards and the UCC. At the time of application for a building permit, the applicant shall submit manufacturer certificates of design compliance obtained by the accessory solar energy system manufacturer from a reputable certifying organization.
(c)
The applicant for an accessory solar energy system that is to be connected to the power utility grid shall provide written authorization from the power utility provider. Interconnection and net metering shall be in accordance with the policies of the power utility provider.
(5)
Decommissioning. If the solar energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at his or her expense after a demolition permit has been obtained. Removal includes the entire structure, including transmission equipment.
B.1.
Ground-mounted solar facilities.
[Added 9-26-2022 by Ord. No. 677]
(1)
Zoning districts allowed. Ground-mounted solar facilities are allowed in the Institutional District only, and in that district by special exception.
(2)
General requirements.
(a)
Ground-mounted solar facilities may be used as an accessory use to provide power to the use on which the lot is located, in which case excess electric power generated incidentally may be sold to a power utility provider; or they may constitute the primary use of the lot.
(b)
A single assemblage of solar panels regardless of the number of panels shall constitute a ground-mounted solar facility. Conduit and other utility connections are not considered to be part of the system. More than one system may be installed on a lot, subject to relevant dimensional requirements.
(3)
Required development standards.
(a)
The minimum required lot size is two acres.
(b)
No systems may be installed on lots within the Floodplain Overlay.
(c)
A maximum lot coverage of 75% is allowed.
(d)
No ground-mounted solar facility shall be installed in the front yard.
(e)
Ground-mounted solar facilities shall comply with the setback requirements for structures in the district.
(f)
The surface area upon which the solar panels are installed shall be considered impervious unless the applicant demonstrates by credible evidence that stormwater will infiltrate into the ground beneath the panels at a rate sufficient so that the ground-mounted array functions as a pervious surface.
(g)
The maximum allowable height for panels is eight feet.
(i)
All wiring and conduit connecting the system to a building or other point shall be placed underground.
(j)
No system shall be located in a manner that would obstruct the speedy exit of persons from nearby building exits.
(k)
Systems adjacent to either adjoining residentially zoned districts or adjacent lots in residential use shall be screened along any common boundaries with a landscape buffer in accordance with § 170-36.
(l)
Systems shall not produce unnecessary or unreasonable glare on adjacent properties or roadways.
(m)
Systems shall not be constructed in a way to obstruct private drives or streets.
(n)
Any component that has not been in active and continuous service for a year shall be removed within 30 days following the end of the one-year period and the site shall be promptly cleaned and restored with grass or other ground cover until another use is established.
(o)
If the owner fails to timely remove the solar facility the Borough shall be entitled to provide written notice to remove by first class mail. Notice shall be provided by both certified and regular mail and the failure of the regular mail to be returned to the Borough shall be deemed evidence of actual receipt.
(p)
If the owner fails to comply with the written notice from the Borough within 30 days of the notice being sent, the Borough may act to remove the facility and restore the lot at its own expense, which expense, including reasonable attorneys fees and court costs, shall constitute a lien upon said lot.
C.
Accessory wind energy systems.
(1)
Zoning districts allowed. Accessory wind energy systems are allowed in all zoning districts as an accessory use to a principal use of the lot.
(2)
General requirements.
(a)
Allowable accessory wind energy systems shall only be the vertical-axis type of wind turbine.
(b)
An accessory wind energy system shall provide power for only the principal use and customary, accessory uses of the lot on which located. The system shall be used solely for the generation of power for use on-site. Excess electric power generated incidentally may be sold to a power utility provider.
(c)
No more than one accessory wind energy system is allowed per lot. A single assemblage of a rotor, gearbox and generator constitutes an accessory wind energy system. Conduit and other utility connections are not considered to be part of the system.
(d)
An accessory wind energy system shall not exceed 55 decibels under normal operating conditions, as measured at the property line. Sound levels, however, may be exceeded during short-term events out of anyone's control, such as utility outages or severe wind storms.
(e)
An accessory wind energy system shall not display advertising. The manufacturer's or installer's identification and appropriate warning or cautionary notices may be displayed, provided they comply with current sign regulations.
(3)
Development standards.
(a)
Accessory wind energy systems shall only be ground-mounted.
(b)
The maximum height of an accessory wind energy system shall not exceed the maximum allowable height of the zoning district for a principal use.
(c)
Accessory wind energy systems shall be set back from property lines, buildings and off-site overhead utility lines in accordance with the setback requirements of the zoning district for accessory structures or at a ratio of 1.3:1 to the maximum height of the accessory wind energy system (i.e., a distance of 1.3 feet for every foot of height of the system), whichever is greater.
(4)
Construction and permits.
(a)
Accessory wind energy systems require the approval and issuance of a building permit by the Zoning Officer prior to the start of construction.
(b)
The design and installation of accessory wind energy systems shall conform to applicable industry standards and the UCC. At the time of application for a building permit, the applicant shall submit manufacturer certificates of design compliance obtained by the accessory wind energy system manufacturer from a reputable certifying organization. The submittal shall include the manufacturer's specifications for sound levels under normal operating conditions.
(c)
The applicant for an accessory wind energy system that is to be connected to the power utility grid shall provide written authorization from the power utility provider. Interconnection and net metering shall be in accordance with the policies of the power utility provider.
(5)
Decommissioning. If the wind energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including transmission equipment.
D.
Geothermal energy systems.
(1)
Zoning districts allowed. Closed-loop geothermal energy systems are allowed in all zoning districts as an accessory use to a principal use of the site. Open-loop geothermal energy systems are prohibited within the Borough.
(3)
Development standards.
(a)
A horizontal closed-loop system shall be installed a maximum of 20 feet below the average finished grade of the area in which located.
(b)
All vertical closed-loop geothermal energy systems shall have proper grout sealing with the following properties:
[1]
High thermal conductivity to allow heat transfer;
[2]
Low viscosity to allow the grout to wrap around the pipe;
[3]
Low shrinkage volume to ensure that the grout will not pull away from the pipe; and
[4]
Low permeability to prevent the migration of antifreeze solution in the event of a line breakage.
(c)
Geothermal energy systems shall be located a minimum of 25 feet from all property lines, except as otherwise specified.
(d)
Geothermal energy systems shall be located a minimum of 100 feet from existing potable water wells and a minimum of 25 feet from any existing septic system.
(e)
Aboveground equipment associated with geothermal pumps shall not be installed in the front yard of any lot or the side yard of a corner lot adjacent to a public right-of-way and shall meet all minimum accessory structure setbacks required for the zoning district.
(f)
All horizontal closed-loop geothermal energy systems shall be properly backfilled, including the removal of sharp-edged rocks before backfilling in order to prevent such rocks from coming into contact with the system pipe.
(4)
Required permit. The design and installation of geothermal energy systems shall conform to applicable industry standards and the UCC. At the time of application for a permit, the applicant shall submit manufacturer certificates of design and circulating fluid compliance obtained by the geothermal energy system manufacturer from a reputable certifying organization.
(5)
Decommissioning. If a geothermal energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at his or her expense after a demolition permit has been obtained in accordance with the following:
(a)
The heat pump and any external mechanical equipment shall be removed; and
(b)
Pipes or coils below the land surface shall be filled with grout to displace the heat transfer fluid. The heat transfer fluid shall be captured and disposed of in accordance with applicable regulations. The top of the pipe, coil or boring shall be uncovered and grouted.
E.
Outdoor hydronic heating systems.
(1)
Zoning districts allowed. Outdoor hydronic heating systems are allowed in the R-1 (Low-Density Residential) and R-2 (Medium-Density Residential) Districts.
(2)
The regulations of this section do not apply to:
(a)
Grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.
(b)
Burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation.
(c)
The use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
(d)
Outdoor burning as may otherwise be allowed by Borough ordinance.
(3) PHASE 2 OUTDOOR WOOD-FIRED HYDRONIC HEATER STACK
Definitions. As used in this section, the following terms shall have the meanings indicated:
An outdoor wood-fired hydronic heater that has been certified or qualified by the EPA as meeting a particulate matter emission limit of 0.32 pounds per million British Thermal Units output, is labeled accordingly, and is identified with a white hangtag.
Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a hydronic heater, especially that part of a structure extending above a roof.
(4)
General requirements.
(a)
Only new Phase 2 outdoor wood-fired hydronic heater systems shall be permitted.
(b)
Outdoor hydronic heating systems shall not be operated between May 1 and September 30.
(c)
An outdoor hydronic heater system permitted on or after November 1, 2011, shall have a permanent attached stack with a minimum stack height of 10 feet above the ground that also extends at least two feet above the highest peak of any residence located less than 150 feet from the hydronic heater.
(d)
The use of an outdoor hydronic heater system installed prior to November 1, 2011, shall be discontinued immediately unless it has a permanent attached stack with a minimum stack height of 10 feet above the ground that also extends at least two feet above the highest peak of any residence located less than 500 feet from the outdoor hydronic heater. The use of an existing outdoor hydronic heater system may be continued provided that it is a Phase 2 outdoor wood-fired hydronic heater that conforms to the stack requirements of § 200-55.1E(4)(c).
(e)
Allowable fuels. New or existing outdoor hydronic heater systems shall only use the following fuel types:
(f)
Prohibited fuels. The following items are prohibited as fuel types for outdoor hydronic heater systems:
[1]
Treated or painted wood.
[2]
Furniture.
[3]
Garbage.
[4]
Tires.
[5]
Lawn clippings or other yard waste.
[6]
Material containing plastic or rubber.
[7]
Waste petroleum products, including paints, paint thinners or asphalt products.
[8]
Chemicals.
[9]
Any hazardous waste.
[10]
Coal.
[11]
Glossy colored paper.
[12]
Construction and demolition debris, including plywood or particleboard.
[13]
Saltwater driftwood.
[14]
Manure or animal carcasses.
[15]
Any other material that may result in harmful or noxious emissions or residue.
(6)
Required permits.
(a)
Outdoor hydronic heating systems require the approval and issuance of a zoning permit by the Zoning Officer prior to the start of construction.
(b)
New and existing outdoor hydronic heater systems shall comply with all applicable federal, state and local clean-air regulations.
(c)
The design and installation of outdoor hydronic heating systems shall conform to applicable industry standards and municipal construction and electrical codes. At the time of application for a building permit, the applicant shall submit manufacturer certificates of design compliance obtained by the outdoor hydronic heating system manufacturer from a reputable certifying organization. The submittal shall include the manufacturer's specifications for allowable fuels and maximum levels of emissions.