East Berlin City Zoning Code
ARTICLE IX
General Requirements
§ 500-27 Statement of legislative intent.
The following standards shall be applied to all properties within East Berlin Borough. These requirements shall supplement requirements that may be found in the zoning district applicable to a specific property, as well as generally applicable standards, including, but not necessarily limited to, parking, loading, and signs standards.
§ 500-28 Corner lots.
For all corner lots, the front yard setback or build-to line standard, as may be appropriate and as defined in the underlying zoning district, shall be applied along each adjoining street. The rear setback standard shall be applied to the property line opposite the street to which the property is addressed. The side setback standard shall be applied to all other property lines.
§ 500-29 Double frontage lots.
For all double frontage lots, the front yard setback or build-to line standard, as may be appropriate and as defined in the underlying zoning district, shall be applied along the adjoining street to which the property is addressed. The rear setback standard shall be applied along the street opposite the street to which the property is addressed. The side setback standard shall be applied to all other property lines.
§ 500-30 Clear sight triangle.
No building, structure, sign, fence, landscape planting, or other property improvement regulated by this chapter may be located within the required clear sight triangle at any street intersection.
§ 500-31 Accessory buildings.
Accessory building shall be subject to the following requirements:
A.
Accessory buildings shall be located in the side or rear yard. Accessory buildings shall not be authorized to be located in the front yard.
B.
Accessory buildings less than or equal to 160 square feet in size may be located within five feet of any side or rear property line. Accessory buildings greater than 160 square feet in size shall be subject to the applicable setback requirements of the underlying zoning district.
C.
Accessory building shall be subject to the building height standard of the underlying zoning district.
§ 500-32 Fences.
Fences shall be subject to the following requirements:
A.
Maximum height – front yards. The maximum fence height shall be three feet in all zoning districts.
B.
Maximum height – side and rear yards. The maximum fence height in the BC and SR Districts shall be six feet. The maximum fence height in the C and MU Districts shall be eight feet. For nonconforming uses, the maximum fence height shall be the maximum fence height authorized within the zoning district where the nonconforming use would be a permitted use.
C.
Hazardous attachments. No fence in the BC and SR Districts or on residential properties in the C and MU Districts shall include barbed wire or similar hazardous attachments. Nonresidential properties in the C and MU Districts may include no more than three strands of barbed wire or may include wrought iron spikes.
D.
Electrification. No fence in any zoning district may be electrified.
E.
Setbacks. Fences shall not be subject to the setback requirements of the underlying zoning district. However, fences shall be subject to a five-foot setback along any right-of-way along a public street or alley.
§ 500-33 Swimming pools.
Swimming pools shall be subject to the following requirements:
A.
A zoning permit shall be required for any swimming pool constructed as a permanent fixture on the property. Inflatable swimming pools and kiddie pools that are placed and removed seasonally shall not be subject to this requirement.
B.
Swimming pools shall be located within a side or rear yard. Swimming pools shall not be permitted to be located in a front yard.
C.
Any swimming pool with a surface area of 150 square feet or a depth greater than two feet shall be surrounded by a fence or wall of no less than four feet in height. All gates or doors through said fence shall be provided with a self-closing, self-locking mechanism. These standards shall not be applicable to aboveground swimming pools of at least 3 1/2 feet above ground level.
§ 500-34 Power generation facilities.
Power generation facilities shall be permitted as an accessory use in all zoning districts in accordance with the following standards:
A.
Solar panels – roof-mounted. Roof-mounted solar panels shall be permitted in accordance with the following standards:
(1)
Roof-mounted solar panels shall comply with the maximum building height requirements of the zoning district where the installation of the solar panel is proposed.
(2)
On pitched roofs, roof-mounted solar panels shall be installed as close to parallel as possible to the pitch of the roof while not sacrificing the efficiency of the solar panel.
(3)
On flat roofs, roof-mounted solar panels may be installed at an angle to improve the efficiency of the solar panel with regard to the predominant sun angle, provided that the solar panel is placed in a manner to minimize its visibility from street level. In no case may solar panels extend more than five feet above the top of a flat roof.
B.
Solar panels – ground-mounted. Ground-mounted solar panels shall be permitted in accordance with the following standards:
(1)
Ground-mounted solar panels shall comply with the setback requirements of the district where the installation of the solar panel is proposed.
(2)
Ground-mounted solar panels shall not be permitted by right in any front yard. The Zoning Hearing Board may authorize, by special exception, the installation of a ground-mounted solar panel in a front yard if the applicant demonstrates that, due to solar access limitations, no location exists on the property other than the front yard where the solar panel can perform effectively.
(3)
Ground-mounted solar panels shall not exceed a height of 10 feet.
(4)
Glare from ground-mounted solar panels shall be directed away from adjoining properties or street rights-of-way. Fences or vegetative screens may be utilized to prevent glare from impacting adjoining properties or street rights-of-way.
C.
Wind turbines. Wind turbines shall be permitted in accordance with the following standards:
(1)
Wind turbines shall be set back from all property lines a distance of 1/2 the height of the tower supporting the wind generation facility.
(2)
The tower supporting the wind turbine shall not exceed 150% of the maximum building height for the zoning district where installation of the wind generation facility is proposed.
(3)
Wind turbines shall not be permitted in any front yard.
D.
General requirements. The following requirements shall apply to all power generation facilities:
(1)
Building permit required. The installation of solar panels and/or wind generation facilities shall be subject any permitting and inspections with regard to applicable provisions of the Pennsylvania Uniform Construction Code (UCC), 34 Pa. Code, Chapters 401 through 405, in addition to any permitting required to demonstrate compliance with the provisions of this chapter.
(2)
Purpose of facility. The primary purpose of a power generation facility shall be to provide power for the principal use of the property where the installation of said power generation is proposed. The primary purposes of the facility shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time.
§ 500-35 Wood boilers.
Outdoor wood boilers shall not be authorized within East Berlin Borough in any zoning district.
§ 500-36 Trash dumpsters.
All trash dumpsters shall be subject to the following requirements:
A.
Trash dumpsters shall be located in the side or rear yard.
B.
Trash dumpsters shall be screened from view from public streets and adjoining properties. Suitable screening methods may include opaque fencing installed in accordance with § 500-32, evergreen screening, or a combination of both.
C.
Access to trash dumpsters shall be provided in a manner that precludes the need of collection vehicles from obstructing public streets while collecting trash and the need of collection vehicles from having to back into a public street once trash collection is completed.
D.
Trash dumpsters shall be placed on a stabilized, concrete surface.