Emerson City Zoning Code

Corner lot properties shall be exempt from the three-foot height requirement set forth in Subsection B above and shall be permitted to contain a fence, freestanding wall, shrubbery, arbor or trellis not to exceed six feet in height, pertaining to the side yard only, provided that the Emerson Police Department confirms, in writing, that the height of the fence, freestanding wall, shrubbery, arbor or trellis meets its safety standards and sight line requirement. Upon receipt of a permit application under this subsection, the Zoning Official shall submit the application to the Emerson Police Department. In the event the Police Department confirms that the requested height complies with its safety standards and sight line requirements, then a bulk variance for fence height shall not be required. In the event the Police Department cannot or will not confirm that the requested height meets its safety standards and sight line requirements, then an application for a bulk variance for fence height shall be required to be filed with the Land Use Board.

Is not secured or which is accessible to others not using the unit;

Lacks verminproof floors or otherwise permits rat and vermin harborage; or

Is not in a state of good repair and alignment and free from nuisance.

In or upon any street, highway, roadway, designated fire lane or sidewalk in the Borough;

On any lot or property in the Borough other than on a concrete, asphalt or other improved surface;

On any lot or property in the Borough used for commercial purposes or containing three or more dwelling units in such a way as to block or interfere with access to a garage or off-street parking areas;

In a manner that interferes with sight lines for motorists on adjoining streets or the driveways of adjacent properties;

In a manner that obstructs the light or air of any dwelling unit;

In a manner that obstructs safe means of access to or from any dwelling;

In a manner that creates fire or safety hazards;

That displays advertising, other than the identification of the manufacturer or operator of the unit.

The permit shall be obtained prior to setting the unit on the property.

A maximum of one unit per property at any time.

No more than three permits may be issued for any lot or parcel of property in any twelve-month period.

The permit shall specify where the unit is to be situated on the property, which shall be on a driveway or other paved surface at a point farthest from the street, preferably to the rear of the principal building lot.

The size of the unit shall not exceed:

The application fee for the permit shall be $25 for a fourteen-day period. Extension of a permit will cost $25 for each fourteen-day period granted.

Any temporary exterior storage unit located within the Borough of Emerson without approval pursuant to this section shall be subject to the penalties as set forth below.

The Borough of Emerson Construction Code Official, the Fire Official and the Emerson Police Department shall be responsible for enforcing the provisions of this section.

Any temporary exterior storage unit which is not removed at the end of the time for which it may lawfully remain in place, or immediately upon the direction of a law enforcement officer for removal of such unit for safety reasons, may be removed by the Borough immediately, without notice, and the cost of such removal, together with the cost of administration of its removal, may be assessed against the property on which the temporary exterior storage unit was located and may be filed as a lien against the property by the Borough Clerk. Such lien shall be superior in dignity to all other liens or encumbrances upon the property, including the lien of a mortgage, and taxes.