Forty Fort City Zoning Code
PART 3
GENERAL REGULATIONS
§ 27-301 Compliance Required.
[Ord. No. 2018-2, 11/5/2018]
No structure or land shall be used or occupied, and no structure or part of a structure shall be erected, altered, enlarged, converted or moved, unless in compliance with all applicable provisions and regulations of this chapter.
§ 27-302 Interpretation and Conflict.
[Ord. No. 2018-2, 11/5/2018]
In interpreting and applying the provisions of this chapter, they shall be held to the minimum requirements for the protection and promotion of the public health, safety, convenience, comfort, morals, and general welfare of the residents of the Borough. In the event of any conflict in the application of this chapter with other applicable public or private provisions, the following shall apply:
1.
Public Provisions. The regulations of this chapter are not intended to interfere with or abrogate or annul any other ordinance, rules or regulations previously adopted or previously issued by the Borough which are not in conflict with any provisions of this chapter. Where this chapter imposes a greater restriction upon the use of land, structure or building than any other previously adopted ordinance, rules, or regulations of the Borough, the provisions of this chapter shall apply.
2.
Private Provisions. The regulations of this chapter are not intended to interfere with or abrogate or annul any easement, covenant or other form of private agreement or restriction, provided that where the provisions of this chapter impose a greater restriction, the requirements of this chapter shall govern. Where the provisions of any easement, covenant or other form of private agreement or restriction imposes obligations, duties and/or requirements which are more restrictive and/or impose higher standards than the requirements of this chapter, and such private provisions are not inconsistent with the requirements of this chapter, then such private provisions shall be operative and supplemental to the requirements of this chapter. Forty Fort Borough shall not be responsible or be a party to any action intended to enforce or carry out the terms of any private agreement or restriction, including but not limited to easements, covenants or other forms of private agreements or restrictions.
§ 27-303 Required Access.
[Ord. No. 2018-2, 11/5/2018]
Every building or structure hereafter erected or the use of property shall have access to or be located upon a lot adjacent to a public or private street.
§ 27-304 Accessory Structures.
[Ord. No. 2018-2, 11/5/2018]
Accessory structures which are attached to a principal structure shall be considered a part of the principal structure and shall comply with the same yard and lot requirements applicable to the principal structure.
1.
Types of Residential Accessory Structures. For residential lots, permitted unattached accessory structures shall include but not be limited to noncommercial greenhouses, tool or lawn sheds, private garages or carports, private noncommercial swimming pools, gazebos, patios, noncommercial satellite antenna dishes, solar panels or a minor solar energy system, standalone noncommercial windmill, outdoor wood-burning furnaces, a permanent structure utilized as an outdoor fire pit and other similar accessory uses.
2.
Unattached Accessory Structures.
A.
Residential Accessory Structures. When the principal structure is residential, unattached accessory structures shall only be erected within the rear yard or side yard areas of the lot subject to the following requirements:
(2)
An accessory structure shall not be located less than five feet from a side lot line or rear lot line. In cases in which the applicable yard area abuts another street or alley, a setback of 10 feet shall be required.
(3)
An accessory structure shall not be located less than 10 feet from the principal structure.
(4)
The maximum gross floor area of any accessory structure shall not exceed the 750 square feet, for a lot which has a gross lot area of less than 10,000 square feet. In no case, however, shall the maximum square foot area of any accessory structure, other than a swimming pool, exceed the square foot area of the footprint of the principal use.
(5)
In cases when a residential structure is a nonconforming use, located in a nonresidential zone, the proposed erection of an accessory residential structure shall be deemed exempt from classification as an expansion of a nonconforming use, but shall be subject to all other applicable regulations contained within this chapter.
(6)
An accessory structure shall not be located less than 10 feet from the principal structure.
B.
Nonresidential Accessory Structures.
(1)
When a principal use or structure is nonresidential, an unattached accessory structure and/or use shall comply with the front yard, rear yard and side yard setback distance applicable to the principal structure or use for the zoning district in which it is located. However in no case shall the minimum rear yard and/or side yard setback distances be less than 20 feet from a property line when an adjoining lot contains an existing residential use.
(2)
An unattached accessory structure to a nonresidential principal use and/or structure which is classified as a special exception use, shall be exempt from the otherwise applicable special exception use regulations when the proposed construction, establishment or use of the accessory structure does not exceed 750 square feet of gross floor area and complies with the required setback distances set forth above under Subsection 2B(1).
(3)
An accessory structure shall not be located less than 10 feet from the principal structure.
3.
Outdoor Wood-Fired Boiler. An outdoor wood-fired boiler, as defined in Part 2, shall be deemed to be an accessory residential structure permitted as a special exception use, thereby requiring approval from the Zoning Hearing Board and subject to the supplemental standards as set forth in Part 8, §§ 27-801, Subsection 29, and 27-1410, Subsection 2, of this chapter. An outdoor wood-fired boiler shall only be used and/or connected as a heating source to a residential structure.
4.
Standalone Noncommercial Windmill.
A.
A freestanding standalone noncommercial windmill, as defined in Part 2, shall be deemed to be an accessory structure permitted as a special exception use, thereby requiring approval from the Zoning Hearing Board and subject to the supplemental standards as set forth in Part 8, §§ 27-801, Subsection 44, and 27-1410, Subsection 2, of this chapter.
B.
A roof-mounted standalone noncommercial windmill shall be permitted by right in all zoning districts, subject to not exceeding the maximum height requirement for the district in which it is located.
5.
Minor Solar Energy System.
A.
A freestanding minor solar energy system shall be deemed to be an accessory structure permitted as a special exception use in all zoning districts, thereby requiring approval from the Zoning Hearing Board and subject to the supplemental standards as set forth in Part 8, §§ 27-801, Subsection 39, and 27-1410, Subsection 2, of this chapter.
B.
A roof-mounted minor solar energy system shall be permitted by right in all zoning districts, subject to not exceeding the maximum height requirement for the district in which it is located.
6.
Installation and Use of Accessory Structures. Accessory structures, including any related equipment, shall be installed and used in accordance with the manufacturer's written recommendations.
§ 27-305 Corner Lot Restriction.
[Ord. No. 2018-2, 11/5/2018]
On a corner lot there shall be provided on each side thereof, adjacent to a street, a yard setback equal in depth to the required front yard setback of the prevailing zoning district in which the corner lot is located. This provision shall apply to both accessory and principal structures.
§ 27-306 Noncommercial Satellite Dish Antenna.
[Ord. No. 2018-2, 11/5/2018]
1.
A freestanding noncommercial satellite dish or standard antenna, including amateur television and radio antennas, shall be deemed an accessory use, permitted by right in all zoning districts. Granting approval for the establishment and/or construction of a satellite dish antenna shall not restrict or imply to restrict the use or development of another zoning lot. The height of a noncommercial satellite dish antenna, including any supporting device, measured from ground level to its highest point of elevation, shall not exceed the maximum height restriction of the zoning district in which it is located. The supplemental provisions under Part 8, § 27-801, Subsection 34, of this chapter shall apply.
2.
A roof-mounted satellite dish antenna attached to a principal structure, having a diameter not greater than three feet and installed in accordance with the manufacturer's specifications, shall be exempted from securing zoning approval.
§ 27-307 Private Noncommercial Swimming Pools.
[Ord. No. 2018-2, 11/5/2018]
Private noncommercial swimming pool capable of containing water to a depth of 24 inches or greater shall be permitted as an accessory use in any zone subject to the following:
1.
Yard Area and Setback Requirements. A private swimming pool shall be located in either a side yard or rear yard with a minimum side yard and rear yard setback of not less than five feet as measured from the water's edge.
2.
In-Ground Pools. The pool or the entire property on which the pool is located shall be enclosed with a permanent fence not less than four feet in height, which includes a gate secured with a lock. Required fencing shall also comply with regulations under § 403.26 of the most current version of the UCC.[1] The required fencing for an in-ground pool must be installed upon the completion of the excavation work for said pool.
[1]
Editor's Note: See 34 Pa. Code, Chapters 401 through 405, as amended.
3.
Aboveground Pools.
A.
Pools With Exterior Supports. An aboveground pool which is manufactured, designed and erected with supporting devices around and/or within the outer wall or edge of a pool shall be enclosed with a permanent fence not less than four feet in height which includes a gate secured with a lock in accordance with the above requirements of § 27-307, Subsection 2, or in lieu of a fence, a barrier not less than four feet in height. Said barrier may include the pool wall and any extension thereto which equals or exceeds a height of four feet. Access into a pool which includes a deck shall be secured by a gate with a lock. Pools without access from a deck, shall include retractable steps or any similar device which prohibits uncontrolled access into the pool when not in use. Shrubbery is not to be considered as a barrier. Decks which are attached to the pool shall require a side yard and/or rear yard setback of not less than five feet.
B.
Inflatable Pools Without Exterior Supports. An aboveground pool which may be inflated and used without supporting devices around and/or within the outer wall or edge of a pool shall be enclosed with a permanent fence not less than four feet in height which includes a gate secured with a lock in accordance with the above requirements of § 27-307, Subsection 2.
§ 27-308 Lots Divided By Zoning Boundaries.
[Ord. No. 2018-2, 11/5/2018]
If a zoning district boundary line divides a lot which does not exceed one acre in size and held in single and separate ownership prior to the effective date of this chapter, placing 90% or more of the lot area in a particular zoning district, the location of such district boundary line may be construed to include the remaining 10% or less of the lot so divided.
§ 27-309 Projections into Required Yards.
[Ord. No. 2018-2, 11/5/2018]
1.
The following projections shall be permitted into required yards and shall not be considered in the determination of yard setback requirements or building coverage:
A.
Terraces or Patios: provided that such terraces or patios are located in the rear yard or side yard, are not under roof, without walls or other form of enclosure and are not closer than five feet to any adjacent lot line.
B.
Projecting Architectural Features: such as bay windows, cornices, eaves, fireplaces, chimneys, window sills, stairways, balconies, canopies or other similar architectural features provided that any of the aforementioned features do not extend more than three feet into any required setback.
C.
Porches and Decks: provided such porches or decks are not under roof, are located in the rear yard or side yard, and do not exceed 4 1/2 feet in depth and five feet in length as extended from the principal structure.
D.
Handicapped Ramps: The installation of a handicapped ramp in any zone, designed to provide access to handicapped persons, shall be exempt from meeting any applicable front yard or rear yard setback requirements, but shall have a minimum side yard setback of not less than five feet.
E.
Retaining walls shall be set back not less than five feet from any adjacent right-of-way.
F.
No projections shall be permitted within and/or over a public right-of-way.
§ 27-310 Limited Exemptions from Yard Requirements.
[Ord. No. 2018-2, 11/5/2018]
1.
Existing Structures. In all zoning districts any area of an existing structure already under roof can be enclosed and shall be exempt from meeting the front, side and/or rear yard requirements subject to not exceeding the extent of the existing roof.
2.
Exemptions Under Proposed Subdivisions. Any structure, proposed to subdivided, containing two or more units, residential or nonresidential, shall be exempted from the governing side yard setback requirements under the Zoning Ordinance relative only to interior side yards where such units are physically connected. When a side yard of a proposed subdivision is directly attached to another unit within the structure, subdivision approval shall exempt the property from requiring and/or securing an interior side yard variance from the Zoning Hearing Board.
§ 27-311 Setback Exemption for Structural Replacements.
[Ord. No. 2018-2, 11/5/2018]
1.
Residential Structure as Principal Use. Any structural portion of a residential building, such as a deck, patio, porch or similar feature which is in need of repair to the point of replacement shall be exempt from complying with the applicable setback requirements when all of the following conditions exist:
A.
The use of the structure represents a use permitted by right in the district in which it is located.
B.
There are no outstanding zoning or building code violations against the owner of the property.
C.
The structural replacement shall be the exact same location and structural replacement shall be the same size and height, or less, than that which is being replaced.
D.
A photograph of the subject property, taken prior to the start of work, must be submitted to the Zoning Officer with a completed zoning permit application, along with any other information deemed necessary by the Zoning Officer to process the application.
2.
Unattached Accessory Residential Structure. An unattached accessory residential garage and/or carport or portion thereof, which is need of repair to the point of replacement, shall be exempt from complying with the applicable setback requirements when all of the following conditions exist:
A.
The use of the principal structure upon the lot represents a use permitted by right in the district in which it is located.
B.
There are no outstanding zoning or building code violations against the owner of the property.
C.
The structural replacement shall be the exact same location and structural replacement shall be the same size and height, or less, than that which is being replaced.
D.
A photograph of the subject property, taken prior to the start of work, must be submitted to the Zoning Officer with a completed zoning permit application, along with any other information deemed necessary by the Zoning Officer to process the application.
§ 27-312 Land Development Approval Required.
[Ord. No. 2018-2, 11/5/2018]
In addition to zoning approval, the improvement of one or more contiguous lots, involving a group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenants, in addition to the applicable provisions of this chapter, shall also be governed by the applicable provisions of the Forty Fort Borough Subdivision and Land Development Ordinance.[1]
§ 27-313 Exemptions from Height Requirements.
[Ord. No. 2018-2, 11/5/2018]
Height limitations in this chapter as so specified for each zoning district shall not apply to church spires, belfries, cupolas and domes, monuments, water towers, freestanding wind energy conversion systems, support structures for tower-based wireless communication facilities (including distributed antenna systems), chimneys, smokestacks, flag poles, radio towers, accessory mechanical appurtenances usually located above the roof level or to parapet walls extending not more than four feet above the roofline of the principal building, but may be subject any supplemental height regulation associated with a specific use.
§ 27-314 Visibility at Intersections and Private Driveways.
[Ord. No. 2018-2, 11/5/2018]
1.
Intersection of Streets. On any corner lot no visual obstruction, including but not limited to fences, structures and/or vegetation, exceeding a height of 2 1/2 feet, excluding street signs, utility poles or traffic signs, shall be erected, planted and/or maintained within the triangle formed by a line projected between two points measured at a minimum distance of 30 feet from the intersection of the side yard lot lines of the property which abut the public right-of-way.
2.
Private Driveways. No visual obstruction including but not limited to fences, structures and/or vegetation, exceeding a height of 2 1/2 feet, shall be erected or maintained within the triangles formed by a line projected between two points measured at a minimum distance of 10 feet from the outer edge of each side of the driveway in each direction to a depth of 10 feet along the center line of the driveway.
§ 27-315 Fences and Walls.
[Ord. No. 2018-2, 11/5/2018]
The posts and/or structural supports of a fence shall be located within the interior yard space to be enclosed. Height measurements for compliance with this section shall be based upon the ground elevation directly below the fence.
1.
Residential. Fences and walls to be constructed within a residential zoning district or upon a lot in any other type of zoning district which contains a residential property shall be permitted according to the following subsections:
A.
Front Yard. The maximum height of any fence or wall in a front yard shall not exceed three feet in height above the adjacent ground level.
B.
Side and Rear Yards. The maximum height of any fence or wall located in a side yard or rear yard shall not exceed six feet in height.
C.
Materials. All fences shall be constructed with materials recognized by the fencing industry and designed to provide a permanent enclosure. No barbed wire or other potentially injurious material shall be contained upon the fence or as part of the material to construct the fence.
2.
Nonresidential. Fences to be constructed within any nonresidential zoning district shall not exceed eight feet in height above the adjacent ground level.
3.
Exemptions. The provisions of this section shall not be applied to prevent the construction of a chain link in excess of 10 feet in height, designed as an enclosure to a public park, a public playground or similar public outdoor recreational facility.
4.
Retaining Walls. Any retaining wall which exceeds six feet in height shall require review by the Borough's Engineer prior to the issuance of a zoning permit or building permit. The applicant shall be responsible for the submission of the drawings which provide the proposed design and construction of the retaining wall. The applicant shall be responsible for all engineering costs incurred by Forty Fort Borough for the review of the drawings.
§ 27-316 Public Utilities.
[Ord. No. 2018-2, 11/5/2018]
With the exception of storage yards, the provisions and regulations 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 deemed necessary for the convenience or welfare of the public in accordance with Section 619 of the Pennsylvania Municipalities Planning Code,[1] Act 247, as amended.
[1]
Editor's Note: See 53 P.S. § 10619.
§ 27-317 Sewage Disposal.
[Ord. No. 2018-2, 11/5/2018]
The provision of sewage service to any proposed use and/or development of property shall be consistent with the Borough's Act 537 Sewage Facility Plan.
§ 27-318 Manufactured Homes on Permanent Foundations.
[Ord. No. 2018-2, 11/5/2018]
A manufactured home, when constructed and anchored to a permanent foundation, as defined in Part 2 of this chapter, shall be deemed to be a single-family residence.
§ 27-319 Prohibition of General Nuisances.
[Ord. No. 2018-2, 11/5/2018]
The use, operation and/or condition of any property found to be a "general nuisance" as so defined in Part 2 of this chapter shall constitute a violation of this chapter and shall be subject to the violation procedures and penalties as set forth in § 27-1206, Enforcement Procedures, of this chapter.
§ 27-320 Highway Occupancy Permit.
[Ord. No. 2018-2, 11/5/2018]
Zoning approval for any proposed use and/or development of a property, which includes the construction and/or relocation of a driveway onto a state legislative route, a county road or a Borough road shall be conditioned upon the applicant securing a highway occupancy permit from the applicable entity having jurisdiction over the same.
§ 27-321 Stormwater Management.
[Ord. No. 2018-2, 11/5/2018]
Any proposed development or use of property which results and/or requires a land disturbance shall be undertaken in compliance with the applicable regulations of the governing Forty Fort Borough Stormwater Management Ordinance.[1]
§ 27-322 Floodplain Management Ordinance.
[Ord. No. 2018-2, 11/5/2018]
Any improvements to structures or land located within a 100 floodplain as established by FEMA shall be in compliance with all applicable provisions and regulations of both this chapter and the Forty Fort Borough Floodplain Management Ordinance.[1]
§ 27-323 Riparian Buffers.
[Ord. No. 2018-2, 11/5/2018]
Excluding stormwater detention facilities, floodproofing structures and/or similar devices, a minimum setback of 50 feet from any watercourse (as defined in Part 2) shall be required in all zoning districts for any form of development and/or improvements.
§ 27-324 Outdoor Lighting.
[Ord. No. 2018-2, 11/5/2018]
All outdoor lighting on private or public residential, commercial, industrial, recreational or institutional property shall be directed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse (disabling glare), and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property (nuisance glare).
§ 27-325 Supplemental Requirements.
[Ord. No. 2018-2, 11/5/2018]
A use, provided for under any zoning district within this chapter, shall, in addition to all other applicable provisions of this chapter, shall also be governed by supplemental regulations applicable to such use contained within Part 8, Supplemental Regulations, of this chapter.
§ 27-326 Uses Not Addressed Within Ordinance.
[Ord. No. 2018-2, 11/5/2018]
Whenever, in any district established under this chapter, a use is neither specifically permitted nor denied and an application is made by a landowner to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Borough Council to hear and decide such request as a conditional use. The Borough Council shall have the authority to permit the use or deny the use in accordance with the standards governing conditional use applications. The proposed use may be permitted if only if it is determined to be similar to and compatible with permitted uses in the district and in no way is in conflict with the general purposes and intent of this chapter. The burden of proof shall be upon the applicant to demonstrate that the proposed use would meet the standards and criteria for a conditional use as contained in Part 7 of this chapter and would not be detrimental to the public health, safety and welfare and/or environmental features and characteristics of the site and/or surrounding areas.