Elverson City Zoning Code
ARTICLE XI
General Regulations
§ 290-1101 Purpose.
The provisions of this article represent regulations and standards which are common to all zoning districts unless stated as pertinent to a specific district herein.
§ 290-1102 Buildings, structures, lots and yards.
All buildings, structures, lots and yards shall, in addition to the applicable zoning district regulations, comply with the following regulations, as applicable.
A.
Buildings and structures.
(1)
More than one principal structure shall be permitted on a single lot, provided the area and bulk requirements of the applicable zoning district shall be met for each individual structure.
(2)
Except where permitted otherwise in the SR, SRR, C, TC and LI Zoning Districts, only one principal use shall be permitted in a single structure.
(3)
One or more accessory structures may be located on a lot, subject to the zoning district regulations and in accordance with Article XII, Supplemental Use Regulations, § 290-1202, Accessory uses.
(4)
Building height. No building or structure in any zoning district shall exceed the height limitations of the applicable district. The height limitations of this chapter shall not apply to church spires, belfries, steeples, cupolas, domes and other similar structures not devoted to human occupancy. Ventilation fans, air-conditioning equipment, and similar equipment shall be masked from view by a pediment or other similar architectural feature.
(5)
Minimum habitable floor area. The minimum habitable floor area of a dwelling unit shall be in accordance with the Building Code for the Borough of Elverson (UCC) and other applicable requirements of this chapter.
B.
Lots. See Figure 11-1.
(1)
Not more than one principal use shall be permitted on a lot, except where permitted in the SR, SRR, C, TC and LI Zoning Districts.
(2)
No lot shall be reduced in size so that the minimum lot area and/or dimensional requirements of this chapter are no longer met.
(3)
Every lot hereafter approved shall have frontage upon a public or private street improved to meet Borough regulations or for which such improvements have been ensured by the posting of a performance guarantee pursuant to Chapter 240, Subdivision and Land Development.
(4)
Minimum lot width. No principal structure shall be erected on any part of a lot which has a width less than the width required in the applicable zoning district.
(5)
An existing lot that does not comply with the minimum lot area requirements shall not be subdivided.
(6)
A lot that does not comply with the minimum dimensional requirements shall not be subdivided to further increase the nonconformity or create a new nonconforming condition.
(7)
Corner lots.
(a)
A front yard shall be applied to the street frontage to which the front of the primary structure or structures faces.
(b)
The yard opposite the front of the primary structure or structures shall be a rear yard.
(c)
The remaining yards shall be side yards.
(d)
The minimum lot width requirements shall be applied to the street frontage to which the front of the primary structure or structures faces.
(e)
Corner lots shall comply with the requirements of § 290-1103, Visibility on corner lots.
Figure 11-1: Lots  |
(8)
Flag lots. Flag lots shall be permitted by conditional use in accordance with Article XVII and the following regulations:
(a)
Flag lots shall contain a lot area equal to the minimum required lot area of the zoning district in which the lot is located. Where applicable, the area of the access strip (stem) shall not be included in the calculations of the required minimum lot area.
(b)
Access strip (stem).
[1]
A flag lot shall be connected to an existing or proposed road by an access strip (stem) which shall have a minimum width of 25 feet measured from the existing street line of the road being accessed for the full length of the access strip (stem) to the point where the lot first obtains the required minimum lot width.
(c)
The front yard for a flag lot shall be measured from the point where the lot first obtains the minimum required lot width for the district in which the lot is located.
(9)
Reverse frontage lots (through lots).
(a)
Any yard abutting a street shall meet the minimum required front yard for the applicable zoning district and shall be subject to all front-yard requirements of this chapter. The remaining yards shall be side yards.
(b)
The minimum lot width requirements shall be applied to the street frontage to which the front of the primary structure or structures faces.
C.
Yards. See Figure 11-2.
(1)
Where a minimum depth of a front-, side- or rear-yard setback is required as specified by the area and bulk requirements in the zoning districts, an unoccupied space a minimum of the specified depth shall be provided between the street line(s) or lot line(s) and the nearest point of any principal building or structure, except when permitted or otherwise specified elsewhere in this chapter.
(2)
Side yards shall not be required for buildings or structures connected by party walls on adjacent lots or on the same lot where such structures are permitted by this chapter.
(3)
Space provided to satisfy the area and bulk requirements for any building or structure, either existing or proposed, shall not be used to meet the area and bulk requirements for any other building or structure.
(4)
Projection into required yards. No building or structures or portion thereof shall be constructed within or shall project into any required yard in any zoning district except as follows:
(a)
No structure or any other item or property shall be placed so that intrudes upon the required visibility on corner lots in accordance with § 290-1103.
(b)
Driveways, sidewalks, walkways, fences and signs shall be permitted within required yards, except as otherwise regulated by this chapter and Chapter 240, Subdivision and Land Development.
(c)
Open, unenclosed fire escapes, unroofed steps, bay windows, and balconies may project a maximum of four feet into any side or rear yard.
(d)
Uninhabited accessory structures, including sheds not used for automobile storage, storage sheds, arbors, open trellises, flagpoles, and lampposts, shall be permitted within required yards.
(e)
Awnings or movable canopies may project into any yard a maximum of 12 feet.
(f)
No building, structure or part thereof shall be located within five feet of any lot line, except as otherwise permitted by this chapter.
Figure 11-2: Yard and Setback Requirements  |
§ 290-1103 Visibility on corner lots.
Any wall, fence or other structure, object, hedge, tree or other planting on a corner lot shall be designed in a manner which does not obscure the vision of traffic. No vision-obstructing object shall obscure vision above the height of 30 inches or below the height of 10 feet within the area bounded by the street lines of such corner lots and a line joining them 25 feet from their point of intersection. For example, trees shall be limbed to a height of 10 feet. Applications for subdivision or land development shall comply with the clear sight distance requirements in § 240-621I of Chapter 240, Subdivision and Land Development.
§ 290-1104 Off-street parking and loading.
All uses shall be provided with required off street parking and loading facilities as required by Article XIV of this chapter.
§ 290-1105 Screening.
Where required, screening shall be in accordance with § 240-609 of Chapter 240, Subdivision and Land Development.
§ 290-1106 Landscaping.
The provisions of § 240-609 of Chapter 240, Subdivision of Land Development, shall apply to any use or change in use: where required by the Zoning Hearing Board; where stipulated as a condition of conditional use approval by Borough Council; or where otherwise required by this chapter.
§ 290-1107 Access and traffic control.
In order to minimize traffic congestion and hazards and control street access for the public safety, the following standards have been established:
A.
Access to parking lots shall be provided by a defined access driveway or driveways in order to avoid direct access onto a public street. No parking lot or individual parking space shall directly abut the cartway of a street, except where an access driveway or driveways are provided, in accordance with Article XIV and § 240-611D of Chapter 240, Subdivision and Land Development.
B.
There shall be a maximum of two access driveways to any public street per use or lot.
C.
Buildings or structures shall be so located on a lot in such a manner to provide safe and convenient access for emergency service vehicles and to accommodate required off-street parking and access thereto in accordance with § 240-611D of Chapter 240, Subdivision and Land Development.
D.
Driveways and access driveways shall otherwise be in accordance with § 240-611D of Chapter 240, Subdivision and Land Development.
§ 290-1108 Lighting.
A.
Purpose. The provisions of this section are enacted in order to minimize undesirable off-site effects of lighting while providing for lighting that is sufficient for the safe and pleasurable use of each property in order to:
(1)
Protect drivers and pedestrians from the glare of nonvehicular light sources.
(2)
Protect neighbors and the night sky from nuisance glare and light trespass from improperly selected or poorly placed, aimed, applied, maintained or shielded light sources.
(3)
Promote energy-efficient lighting design and operation.
B.
Applicability. Outdoor lighting shall be required for the purpose of safety and personal security in areas of public assembly and traverse, including, but not limited to:
(1)
Access driveways, pedestrian walkways, vehicular service areas, and parking facilities of multifamily, commercial, institutional and industrial uses.
(2)
Loading facilities.
(3)
At the ingress and egress of parking facilities.
(4)
Where Borough Council may require or permit lighting to be incorporated for other uses where security and safety reasons warrant.
(5)
Where required in accordance with any applicable provision of this chapter or Chapter 240, Subdivision and Land Development, the owner shall install or cause to be installed at the expense of the owner metal pole streetlights serviced by underground conduit in accordance with a plan prepared by an engineer and approved by the Borough Council.
(6)
Unless otherwise regulated by this chapter, the requirements of this section shall apply to signs, architectural lighting, and landscape lighting.
C.
Lighting shall otherwise be in accordance with § 240-610 of Chapter 240, Subdivision and Land Development.
§ 290-1109 Outdoor storage regulations.
A.
All outdoor storage shall be completely screened or hidden from view from any public right-of-way, a contiguous residential use, or property zoned for residential use. Screening shall consist of plants or an architectural screen in accordance with § 290-1105.
B.
Any establishment which furnishes carts or mobile baskets as an adjunct to shopping shall provide defined areas within the required parking space areas for storage of said carts. Each designated storage area shall be clearly marked for storage of shopping carts. Such signs indicating storage shall not be considered as regulated by Article XIII. However, no more than two signs shall be permitted per parking cart storage, each not greater than four square feet in size. Each designated storage area shall be enclosed by a barrier a minimum of four inches higher than the parking area surface and shall be clearly marked for storage of shopping carts. All shopping carts shall be stored indoors or otherwise secured during nonoperating hours.
C.
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off by natural causes or forces.
D.
All organic refuse or garbage shall be stored in durable, verminproof containers. For multifamily uses with greater than six units, commercial, institutional and industrial uses, garbage storage shall be centralized to expedite collection and screened from adjacent properties and from the public view in accordance with § 240-609C(4)(b) of Chapter 240, Subdivision and Land Development.
E.
Outdoor storage facilities for fuel, raw materials and products shall be enclosed with an approved safety fence compatible with the architectural and landscaping style employed on the lot.
F.
Storage area. This section shall not apply to any principal use where storage is implicit to the use, including lumberyards and vehicle sales.
(1)
Outdoor storage shall be permitted within the rear yard of any property.
(2)
Outdoor storage shall not exceed the following percentage of the rear-yard area:
(a)
Residential uses: 25%.
(b)
Nonresidential uses: 50%.
(3)
Outdoor storage shall not exceed 10 feet in height.
(4)
Outdoor storage shall not occupy any part of street rights-of-way, pedestrian walkways, sidewalks, driveways or required parking spaces.
(5)
Outdoor storage shall be screened from adjacent properties in accordance with § 290-1105 and Chapter 240, Subdivision and Land Development.
G.
Vehicles and vehicle parts.
(1)
Not more than two unregistered, uninspected or unlicensed vehicle of any kind shall be permitted per residential property/lot.
(2)
No vehicle shall be stored on blocks; further, no vehicle shall be in a constant state of disrepair for more than 60 consecutive days.
(3)
The storing or parking of vehicles for sale shall not be located within any street right-of-way and shall be located a minimum of 10 feet from all other property lines.
H.
Storage of not more than two boats, trailers or recreational vehicles (RVs, ATVs) owned by the property owner shall be permitted behind the building line and shall be set back from any lot line as required for an accessory structure for the district in which it is located.
I.
Outside storage or display shall not occupy any part of the street right-of-way area intended or designed for pedestrian use, required parking area, or required front yard, except as specifically permitted herein.
J.
Outdoor display. In the Town Center (TC) Zoning District, merchandise available for retail sale may be displayed in a neat and orderly fashion outside of the building of the retail establishment that is selling the merchandise, provided:
(1)
No merchandise shall be placed within four feet of the edge of cartway.
(2)
A four-foot-wide clear sidewalk path shall be maintained at all points.
(3)
No merchandise shall be displayed outdoors in a manner that is intended to or has the effect of interfering with pedestrian or vehicular traffic or is distracting to motorists.
(4)
The outdoor display of merchandise shall not interfere with the sight lines of traffic and shall not impair the visibility of any public or private sign.
(5)
The merchandise shall not be placed within required parking spaces.
(6)
No merchandise shall be displayed outdoors in a manner that will result in the merchandise falling into the street or sidewalk, blowing, spilling or otherwise becoming disorderly, hazardous or a nuisance.
(7)
No additional signage in excess of that approved for the property shall be attached to or placed in conjunction with the merchandise being displayed.
(8)
Any merchandise that is placed on the public sidewalk or right-of-way in violation of this section or that otherwise constitutes a hazard to the public may be removed by the Borough Zoning Officer with or without notice to the owner.
(9)
All merchandise displayed outdoors shall be removed and placed indoors at the close of business each day.
§ 290-1110 Performance standards.
A.
Applicability.
(1)
All uses shall comply with the requirements of this section. The regulations established in this section are designed to prevent dangerous or objectionable hazards or conditions which would be adverse to the health, safety and welfare of Borough residents.
(2)
In no instance shall any use or activity be permitted which by reason of noise, dust, odor, appearance, smoke, glare or other objectionable factor creates a nuisance, hazard or other adverse effect upon the value or reasonable enjoyment of the surrounding properties in accordance with this section.
(3)
Compliance shall be determined by the Zoning Officer with respect to permitted uses, by the Zoning Hearing Board with respect to special exceptions, and Borough Council in respect to conditional uses. In order to determine whether a proposed use will conform to the requirements of this chapter, the Borough may obtain a qualified consultant's report, whose cost for services shall be borne by the applicant.
B.
Smoke. No smoke shall be emitted from any chimney or other source of visible gray greater than No. 1 of the Ringelmann Smoke Chart as published by the U.S. Bureau of Mines, except that smoke of a shade not darker than No. 2 on the Ringelmann Chart may be emitted for not more than four minutes in any eight-hour period.
C.
Air pollution dust and dirt, fumes, vapors and gasses.
(1)
The emission of dust, dirt, fly ash, fumes, vapors or gasses which can cause any damage to human health, to animals or vegetation or to other forms of property or which can cause any soiling or staining of persons or property at any point beyond the lot lines of the use creating the emission is herewith prohibited.
(2)
No user shall emit or cause or allow to be emitted or permit to escape into the open air, any air contaminant of a quantity or quality which will violate any provision of this chapter or any other applicable regulation.
(3)
No user shall cause, allow, permit, kindle, ignite or maintain any junk fire, refuse fire, or salvage operations fire.
(4)
No firm or corporation shall permit or cause the discharge of particulate matter into the atmosphere from incinerators in excess of 0.1 grains per cubic foot of gas at standard conditions corrected to 12% CO2, except as designated under specific contaminants.
D.
Specific contaminants.
(1)
Fugitive emission. As required by Sections 123.1 and 123.2, Chapter 123, Article III, Subpart C, Part 1, Title 25 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection, as revised January 17, 1972, or as may be revised in the future.
(2)
Particulate matter emissions. As required by Sections 123.11, 123.12, and 123.13, Chapter 123, Article III, Subpart C, Part 1, Title 25 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection, as revised January 27, 1972, or as may be revised in the future.
(3)
Sulfur compound emissions. As required by Sections 123.21, 123.22, and 123.23, Chapter 123, Article III, Subpart C, Part 1, Title 25 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection, as revised January 27, 1972, or as may be revised in the future.
E.
Toxic or noxious matter.
(1)
Waterborne. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.
(2)
Airborne. The ambient air quality standards for the Commonwealth of Pennsylvania shall be the guide to the release of airborne toxic materials across lot lines. Where toxic materials are not listed in the ambient air quality standards of the Commonwealth of Pennsylvania, the release of such materials shall be in accordance with the fractional quantities of those toxic materials currently listed in the Threshold Limit Values adopted by the American Conference of Governmental Industrial Hygienists. Unless otherwise stated, the measurement of toxic matter shall be at ground level or habitable elevation and shall be the average of any twenty-four-hour sampling period.
F.
Noise control. Noise levels shall be maintained at a level which is not objectionable due to intermittence, frequency or intensity and shall not exceed the standards established by this section. The operation of motor vehicles, farm operations, temporary activities involved in the construction or demolition of structures, and emergency alarm signals shall be excluded from this regulation. Sound levels measured at all the property lines housing the activity producing the sound by a sound level meter which conforms to the specifications published by the American Standards Association shall not exceed 65 decibels (dBA) at any time. Sound levels at property lines abutting residential uses shall not exceed 50 decibels (dBA) between the hours of 9:00 p.m. and 7:00 a.m.
G.
Odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond the lot boundary line within which the operation is situated. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system in order that control will be maintained if the primary safeguard system should fail. Odor thresholds shall be measured in accordance with ASTM D-1391-57, "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)."
H.
Glare and heat. No industrial use shall carry on an operation that would produce heat or glare beyond the property line of the lot on which the industrial operation is situated.
I.
Vibration. Machines or operations which cause vibrations shall be permitted, but in no case shall any such vibrations be perceptible beyond the property line.
J.
Radioactivity, electrical, radio disturbance, or EMF and RFI emission. There shall be no activities which emit radioactivity disturbance (except from domestic household appliances) adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.
K.
Fire and explosion hazards. The manufacture of materials or products using processes ranging from free or active burning to intense burning is permitted, subject to compliance with all other performance standards, and provided the following conditions are met:
(1)
Said materials or products shall be stored, utilized or produced within completely enclosed buildings or structures having noncombustible exterior walls.
(2)
All such buildings or structures shall be set back a minimum of 50 feet from side or rear lot lines and 150 feet from the street line, and shall be protected throughout by an automatic fire suppression system complying with installation standards prescribed by the National Fire Protection Association.
(3)
The utilization in manufacturing process of materials which produce flammable or explosive vapors or gases shall be prohibited, except where permitted as a conditional use upon the recommendation of the Borough Engineer. Conditional use approval shall be guided by the standards prescribed by the National Fire Protection Association and the requirements of other ordinances of the Borough.
L.
Water quality. No use shall withdraw water from any stream without filing for and obtaining permission from the Delaware River Basin Commission or the Susquehanna River Basin Commission, as applicable. No use shall discharge water to any stream except in accordance with applicable regulation of the Pennsylvania Department of Environmental Protection (DEP).
M.
Storage and disposal of waste and hazardous materials.
(1)
All storage must be designed to meet the standards prescribed by the National Fire Protection Association and other applicable regulation.
(2)
All outdoor storage facilities for fuel, raw materials, products, and all fuel, raw materials and products stored outdoors, shall be enclosed by an approved safety fence and visual screen and shall conform to all yard requirements of the applicable zoning district.
(3)
Storage of all materials or wastes shall meet the requirements of § 290-1109 and all other applicable performance standards herein.
(4)
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards.
§ 290-1111 Fences and walls.
A.
Fences or walls may be permitted within and along the periphery of any required yard, provided:
(1)
No fence or wall shall be constructed without filing a permit and receiving approval from the Borough. Permits are available on the Borough website and at the Borough Hall.
(2)
No fence or wall shall be erected or planted within or encroaching upon the legal or ultimate street right-of-way or floodway. No fence or wall shall be erected or planted within or encroaching upon a utility easement or drainage easement unless the easement agreement which creates the easement specifically allows such encroachment.
(3)
No fence or wall shall be erected in any manner that obstructs a clear line of sight or vision from a driveway or street intersection in accordance with applicable sections of this chapter or Chapter 240, Subdivision and Land Development.
(4)
Unless otherwise specified in this chapter, fences or walls which are erected within a required front yard shall not exceed four feet in height, and fences shall maintain a minimum one-to-one ratio of open areas to structural members (for example, picket wrought iron fence and post and rail fence).
(5)
Unless otherwise specified by this chapter, all fences and walls within the required side yard or rear yard shall not exceed a maximum of six feet on any lot for residential uses and eight feet for nonresidential uses.
(6)
Fences and walls shall be constructed so as to place structural members toward the property being enclosed by the fence, thereby presenting the best appearance towards adjacent property.
(7)
Fences which are erected in residential zoning districts or for residential uses may be comprised of the following materials: wood; split rail; wrought iron; composite; chain link; a combination of the aforementioned materials; or other materials which, in the discretion of the Zoning Officer, are recognized as standard materials utilized for residential fencing.
(8)
Fences which are erected in the nonresidential zoning districts or for nonresidential uses may be comprised of the following materials: wood; split rail; wrought iron; composite; chain link; a combination of the aforementioned materials; or other materials which, in the discretion of the Zoning Officer, are recognized as standard materials utilized for nonresidential fencing.
(9)
Walls may be comprised of the following materials: decorative concrete block (such as E.P. Henry, Mesa, Keystone); brick; stone; concrete with a brick or stone veneer; or other materials which, in the discretion of the Zoning Officer, are recognized as suitable industry standards.
(10)
The use of razor or barb wire fencing shall only be utilized as part of a security fence for nonresidential uses.
(11)
An existing fence or wall replaced in its entirety shall comply with the provisions by this section.
(12)
Ordinary and normal maintenance and/or repairs of a fence or wall in any zoning district shall not require the issuance of a permit.
(13)
Any fence or wall which, in the judgment of the Zoning Officer, is unsafe, dangerous or a threat to the public health, safety and/or welfare shall be removed, repaired or replaced, as determined necessary by the Zoning Officer, at the expense of the property owner.
(14)
Fences or walls erected on property that is dedicated to private or public open space shall comply with the provisions established under this section.
B.
The following wall and fences shall be exempt from the provisions established under this section.
(1)
Fences and walls used for agricultural purposes to contain livestock or for agricultural uses, provided that they do not hinder visibility or pose a threat to the public health, safety or welfare.
(2)
Fences and walls of an historic nature which are accessory to an officially designated historic structure.
(3)
Buried electronic fences used to control pets, provided that they do not emit radiation which would pose a threat to public health, safety or welfare.
(4)
Fences screening public utility infrastructure.
C.
In situations where a property line is in doubt, the Zoning Officer may require the property owner(s) to have a professional land surveyor determine and mark the precise limits of the property line(s) in question, at the cost to the applicant(s).
