(A)   The following provisions shall apply to all nonconforming uses and structures. It is the intention of the borough that all legal nonconforming uses and structures shall be able to continue; however, all changes in such uses shall only be as in compliance in this subchapter.

      (1)   Any nonconforming use may be changed to a use of the same or a more restrictive classification (such as a conversion from industrial use to commercial use). Such conversion of a nonconforming use to another nonconforming use shall be regarded as a conditional use. In considering this conditional use, the Borough Council may add reasonable additional conditions and safeguards.

      (2)   Any nonconforming structure or use which has been damaged or destroyed by fire, or any other means, may be reconstructed and used as before, if intent to rebuild is expressed within six months of discontinuance of use and if the restored building covers no greater area and contains no greater cubic content. If approved by the Borough Council, a reconstructed structure may exceed its original lot coverage and cubic content but must meet the minimum yard requirements of the district in which the structure is located. The process for reviewing such an expansion shall be consistent with that for land developments under Article IV of the Pennsylvania Municipalities Planning Code (53 P.S. §§ 10401 to 10408) and the borough subdivision regulations (Chapter 156).

      (3)   In the event that any nonconforming use voluntarily ceases, for whatever reason, for a period of one year, such nonconforming use shall not be resumed and any further use shall be in conformity with the provisions of this chapter. A nonconforming use that is converted to a conforming one may not revert to the previous nonconformity.

      (4)   With approval of the Zoning Officer, the nonconforming use of a portion of a building may be extended throughout those parts of the building which were manifestly arranged or designed for such use at the time of adoption of this chapter.

      (5)   A nonconforming use or structure may, with the approval of Borough Council, be extended, enlarged or replaced if such expansion does not occupy an area greater than 50% more than the structure occupied prior to such expansion, enlargement or reconstruction. Furthermore, such structures must meet the minimum yard regulations and height restrictions of the district in which the structure is located. The expansion of a nonconforming use under this section shall be regarded as a conditional use meeting § 156.055 and standards of this division (A). In considering this conditional use, the Borough Council may add reasonable additional conditions and safeguards. Conditional use standards for change, conversion or expansion of nonconforming uses:

         (a)   If the nonconforming use is a residential nonconformity, no expansion will result in a greater number of dwelling units;

         (b)   The nonconformity may not extend to any property beyond the original lot, parcel or tract upon which it is located;

         (c)   The nonconformity may not extend to any property beyond the original lot, parcel or tract upon which it is located;

         (d)   The Council may limit the hours of operation as a reasonable condition and safeguard;

         (e)   The expansion will not increase any unscreened outdoor storage area; and

         (f)   The Council may require screening to mitigate any effect upon surrounding properties.

   (B)   Nothing contained herein shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approval and required permits have been granted prior to the effective date of this chapter.

   (C)   Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification or the allowed uses of any district change, this subchapter shall also apply to any uses which thereby become nonconforming.

   (D)   Expansion and construction of nonconforming single-family dwellings: in any district in which single-family dwellings are permitted, notwithstanding other limitation imposed upon such by other provision of this chapter, a single-family dwelling and permitted accessory uses may be erected upon a lot of record. Likewise single-family dwellings on lots of record may be extended or expanded to an extent that encroaches on the established side yards for the district, provided:

      (1)   The applicant demonstrates to the Zoning Officer that the dwelling and lot predate the zoning classification;

      (2)   The applicant presents the Zoning Officer with a sketch of the proposed extension or expansion that shows that all improvements are upon the applicant’s property;

      (3)   The applicant does not own sufficient land on the lot or a separate abutting lot to expand and remain within the standards for the district as expressed in §§ 156.035 through 156.044; and

      (4)   In such cases, the alternative side or rear yard standard shall be equal to the distance that the principle structure on the abutting lot is from the applicant’s property line. However, the alternative standard shall not result in any improvement that places a dwelling closer than four feet from the property line.

   (E)   Front yard averaging: where a structure exists on an adjacent lot and/or is within 150 feet of the proposed structure, and the existing structure has a front yard less than the minimum depth required, the minimum front yard shall be the average depth of the front yard of the existing structure on the adjacent lot and the minimum depth required for the district; where structures exist on both adjacent lots, the minimum depth of the front yard shall be the average depth of the front yards of the existing adjacent structures. However, this shall not result in a setback of less than four feet.

(1980 Code, Ch. 28, Part 5, § 28-501) (Ord. 1419, passed 9-16-2013, § 501)

   Any lot of record/nonconforming lot existing at the effective date of this chapter, and held in separate ownership different from the ownership of adjoining lots, may be used for the erection of a structure conforming to the use regulations of the district in which it is located even though its lot area and width are less than the minimum required by this chapter. If two or more contiguous lots, combination of lots or portions of lots with continuous frontage are in single ownership, and if all or part of the lots do not meet the requirements established for lot width and/or area, the land involved shall be considered an undivided parcel for the purpose of this chapter, and no portion of said parcel shall be sold in a manner which diminishes compliance with lot width and/or area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter. Where two or more adjacent lots of record with less than the required area and width are held by one owner, on or before the date of enactment of this chapter, the request for a zoning or construction permit shall be referred to the Planning Commission. The Commission may require replatting to fewer lots, which would comply with the minimum requirements of this chapter.

(1980 Code, Ch. 28, Part 5, § 28-502) (Ord. 1419, passed 9-16-2013, § 502)

   All accessory buildings or structures, whether attached to the principal structure or not, and whether open or enclosed, including porches, carports, balconies or platforms above normal grade level, shall not project into any minimum front, side or rear yards except as noted in this section.

   (A)   Handicap ramps may be constructed within two feet of any lot line.

   (B)   A private, noncommercial garage, accessory to a single-family dwelling, and not exceeding 900 square feet in size, may be erected within five feet of any side or rear lot line.

   (C)   A wall or fence under 49 inches in height and paved terraces without walls, roofs or other enclosures may be erected within the limits of any yard provided they do not impinge on the required free sight triangle at intersections. Fences in residential districts may be erected to a maximum height of six feet in a side or rear yard area only. Fences required for public safety or screening by nonresidential uses are exempt from height restrictions, but may not block a vehicular line of site for any intersection or neighboring driveway.

   (D)   An at-grade masonry retaining wall may be erected within the limits of any yard, and does not require a zoning permit. Such wall shall not exceed one foot above grade.

   (E)   Swimming pools shall be permitted in side or rear yard areas, provided that the pool is located not less than six feet from any lot line. All swimming pools shall be enclosed by a permanent fence at least four feet in height, or as required by the Uniform Construction Code. Above-ground pools may use a combination of sides and screen to reach the required height.

   (F)   Small garden sheds, storage sheds and similar structures smaller than 144 square feet may be permitted in yard areas, provided such lies no closer than two feet to an abutting lot line.

   (G)   Lighting may be emplaced in setback areas, subject to the following standards:

      (1)   All lighting fixtures shall be full “cut off”.

      (2)   No lighting fixture shall be mounted higher than six feet above grade in R-1A, R-1B, R-2 and RLC Districts, and 20 feet above grade in all other districts.

      (3)   All lighting shall be aimed away from residential uses or districts.

   (H)   Structures which are not buildings, such as play sets, bird feeders, garden arbors and trellises, clothes drying lines and lawn furniture may be erected within the limits of any yard, and do not require a zoning permit, but shall be at least two feet from a property line.

   (I)   Horticulture may occur within the limits of any yard and does not require a zoning permit.

   (J)   Attached accessory structures: when an accessory structure is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building.

(1980 Code, Ch. 28, Part 5, § 28-503) (Ord. 1419, passed 9-16-2013, § 503)

   (A)   Temporary trailers. Temporary construction trailers placed in conjunction with construction work shall be permitted only during the period that the construction work is in progress. Permits for such temporary structures shall be issued for a six-month period and may be renewed while construction is in progress. Temporary structures are subject to all use and setback requirements.

   (B)   Portable storage units and portable roll-off dumpsters. These units are intended for the temporary storage of household goods during moving or remodeling. Units may not be placed within any public right-of-way. Units may remain in place for up to 60 days.

   (C)   Parking, major recreational equipment and licensed commercial vehicles. The outdoor storage of major recreational equipment including, but not limited to, travel trailers, motor homes, tent trailers, pickup campers (designed to be mounted on automobile vehicles), boats and boat trailers, and commercial vehicles with a gross weight greater than 26,000 pounds or three or more axles, as an accessory activity to a dwelling shall be permitted subject to the following requirements: equipment must be registered to the owner or resident of the dwelling unless kept for a period of 30 days or less. Such equipment shall be stored in compliance with the following yard or setback requirements:

      (1)   Front yard. Not permitted, except within a paved driveway and emplaced so that no right-of-way, sidewalk or line of sight is blocked;

      (2)   Side yard. Six feet;

      (3)   Rear yard. Five feet;

      (4)   On a corner lot (reverse frontage lot). The front yard requirement of 25 feet shall be applicable on two lot faces; and

      (5)   Major recreational equipment or licensed commercial vehicles. No permit is required for keeping major recreational equipment or licensed commercial vehicles on a lot when accessory to a dwelling and compliant with setbacks.

   (D)   Tent, truck, temporary retail sales, garage and yard sales.

      (1)   Tents erected for community or family events, auctions or residential yard and garage sales. Tents erected for community or family events, auctions or residential yard and garage sales are exempt from this section provided that temporary structures are removed within five days of erection. However, no such exempt tent or truck shall block any vehicular line of site on a public street.

      (2)   Retail tent sales. Sales of new retail goods within tents are only permitted in the HCLI District. Where the proposed tent, truck used for retail sales, or other temporary sales event will remain in place for more than five days, a zoning certificate for a temporary use must be obtained.

         (a)   The applicant shall show the location of all temporary signs emplaced in conjunction with the sale, and pay a deposit in an amount established by the borough fee resolution to ensure all signs are removed upon conclusion of the sale.

         (b)   If the property owner is not the sponsor of the sales event, the applicant shall have written permission of the property owner.

         (c)   No part of any operation shall be located within any required yard or setback.

         (d)   Mud and dust free parking shall be provided, adequate to the proposed size and use of the tent, truck or other temporary sales structure.

         (e)   The event shall not impede or adversely affect vehicular or pedestrian traffic sight distance, flow or parking maneuver. The driveway shall be clearly delineated and, if necessary, show any PennDOT approval and/or adequate site distance.

         (f)   Unless clearly accessory to another retail operation, the maximum duration of any tent or other temporary retail sale shall be 14 calendar days. No tent sale shall be held upon the same property for 30 days after said event, unless conditional use approval as a flea market is obtained.

         (g)   The applicant shall have sufficient secure trash receptacles on site for all waste generated by the retailer or anticipated customer use.

         (h)   All signs, merchandise, equipment used in such sales, and all debris and waste resulting from a temporary sale shall be removed from the premises within three days of the termination date of the permit.

      (3)   Garage and yard sales. Garage sales are a permitted temporary accessory use to a single-family dwelling, provided that no such sales shall exceed seven days in duration, and no more than 30 days of such sales occur within any calendar year upon the premises.

      (4)   Mobile food vendors. Licensed commercial vehicles or licensed trailers selling food are exempt from this chapter provided they are making local deliveries, catering special events of less than 48-hour duration, or are operating in a zone district where similar uses are otherwise permitted. All mobile food vendors must have written permission of the property owner.

(1980 Code, Ch. 28, Part 5, § 28-504) (Ord. 1419, passed 9-16-2013, § 504)

   When the following conditions are met, height limits may be increased.

   (A)   Structure height, in excess of the height permitted above the average ground level allowed in any district may be increased, provided all minimum front, side and rear yard depths are increased by one foot for each additional foot of height; however, such increase shall be limited to no more than ten additional feet.

   (B)   The following structures are exempt from height regulations provided they do not constitute a hazard: church spires; chimneys; elevator bulk heads; smoke stacks; conveyors; flag poles; agricultural barns, silos and similar farm structures; standpipes; elevated water tanks; derricks; and similar structures.

   (C)   However, for the above structures, all yard and setback requirements must be met; in addition, any structure with a height in excess of 50 feet will be first referred to the Fire Department for a review and comments relative to public safety considerations. Such comments shall be considered by the borough as part of a land development application pursuant to the Subdivision and Land Development Ordinance (Chapter 156).

(1980 Code, Ch. 28, Part 5, § 28-505) (Ord. 1419, passed 9-16-2013, § 505)

   (A)   No use of land or structure in any district shall involve, or cause, any condition or material that may be dangerous, injurious or noxious to any other property or person in the borough.

   (B)   Furthermore, every industrial or commercial use of land or structure in any district must observe the following performance requirements.

      (1)   Fire protection. Fire protection and fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive material is carried on.

      (2)   Electric disturbance. No activity shall cause electrical disturbances adversely affecting radio, television or other communication equipment in the neighboring area.

      (3)   Noise. Noise which is determined to be objectionable because of volume or frequency shall be muffled or otherwise controlled, except for fire sirens and related apparatus used solely for public safety purposes.

      (4)   Odors. In any district, no malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.

      (5)   Air pollution. No pollution of air by fly-ash, dust, vapors or other substances shall be permitted which is harmful to health, or to animals, vegetation or other property.

      (6)   Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.

      (7)   Erosion. No erosion by wind or water shall be permitted which carry objectionable substances onto neighboring properties.

      (8)   Water pollution. No permit shall be issued until all applicable wastewater, stormwater or erosion/sedimentation control permits have been obtained.

      (9)   Burning. To further protect property from noxious and malodorous nuisances, and provide for protection of property from fire, outdoor open burning of any paper, brush, refuse or similar material is prohibited in all districts. This prohibition does not include outdoor commercial or recreational barbeques, or small campfires burning natural firewood.

(1980 Code, Ch. 28, Part 5, § 28-506) (Ord. 1419, passed 9-16-2013, § 506) Penalty, see § 156.999

   (A)   Off-street loading and parking space shall be provided in accordance with the specifications in this section in all districts, whenever any new use is established or an existing one is enlarged.

   (B)   However, any new development in the C-1 Commercial District shall not be subject to parking or loading standards, unless specifically required by conditional use or special exception.

      (1)   Off-street loading.

         (a)   Generally. Every use listed in the following table shall provide off-street loading berths in accordance with its size:

 

         (b)   Size and access. Each off-street loading space shall be not less than ten feet in uniform width and 65 feet in length. It shall be so designed so the vehicles using loading spaces are not required to back onto a public street or alley. Such spaces shall abut a public street or alley or have an easement of access thereto. Loading berths may be combined with parking areas if it can be shown that peak loading hours will not conflict with the parking of other vehicles.

      (2)   Off-street parking.

         (a)   Size and access. Off-street parking spaces shall have an area determined by their use. In the case of multi-family dwellings, mobile home parks, industrial and manufacturing establishments, warehouses, wholesale and truck terminals, each space shall be not less than 144 square feet, being at least eight feet wide and 18 feet long. For all other uses, each space shall have a uniform area of 180 square feet, being at least ten feet wide and 18 feet long. These uniform sizes shall be exclusive of access drives or aisles, and shall be in usable shape and condition. Parking areas shall be designed to provide sufficient turnaround area so that vehicles are not required to back onto public streets. Where an existing lot does not abut on a public or private street, alley or easement of access, there shall be provided an access drive leading to the parking or storage areas or loading spaces. Such access drive shall be consistent with requirements for private streets in the Subdivision and Land Development Ordinance (Chapter 156). Access to off-street parking areas shall be limited to well-defined locations, and in no case shall there be unrestricted access along a street.

         (b)   Off-street parking lot design. All off-street parking lots shall be designed in accordance with standards within the Subdivision and Land Development Ordinance (Chapter 156).

         (c)   Number of parking spaces required. The number of off-street parking spaces required is set forth in Table 156.111B. Where the use of the premises is not specifically mentioned, requirements for similar uses shall apply. If no similar uses are mentioned, the parking requirements shall be one space for each two proposed patrons and/or occupants of that structure. Where more than one use exists on a lot, parking regulations for each use must be met, unless it can be shown that peak times will differ.

 

         (d)   Location and parking. Required parking spaces shall be located on the same lot with the principal use. The borough may permit parking spaces to be located not more than 200 feet from the lot of the principal use, if located in the same zoning district as the principal use, and either a sufficiency of public spaces can be proven, or the developer has leased or owns adequate spaces. In such cases, the application shall be reviewed as a land development plan under the Subdivision and Land Development Ordinance (Chapter 156) as it involves more than one lot.

         (e)   Screening and landscaping. Off-street parking areas for more than five vehicles, and off-street loading areas, shall be effectively screened on any side which adjoins a residential district (see definition of screening) or use. In addition, there shall be a planting strip of at least five feet between the front lot line and the parking lot. Such planting strip shall be suitably landscaped and maintained.

         (f)   Minimum distance and setbacks. No off-street loading or parking area for more than five vehicles shall be closer than ten feet to any adjoining property line containing a dwelling, residential district, school, hospital or similar institution.

         (g)   Surfacing. With the exception of single-family dwellings, all parking and loading areas and access drives shall have a paved surface, graded with positive drainage to prevent the flow of surface water onto neighboring properties. Lots shall be designed to provide for orderly and safe loading and parking.

         (h)   Lighting. Any lighting used to illuminate off-street parking or loading areas shall be arranged so as to reflect the light away from the adjoining premises of any residential district or use and away from roads or highways.

(1980 Code, Ch. 28, Part 5, § 28-507) (Ord. 1419, passed 9-16-2013, § 507) Penalty, see § 156.999

   (A)   The borough supports housing choice for persons with disabilities, and group residences that meet the definition under § 156.146 shall be permitted by right in all districts where single-family dwellings are permitted.

   (B)   However, it shall be the applicant’s responsibility to ensure to the borough that:

      (1)   All applicable standards of the Pennsylvania Department of Public Welfare and other licensing entities are met;

      (2)   All standards of the Uniform Construction Code (Chapter 150, §§ 150.25 and 150.26) are met prior to occupancy; and

      (3)   The applicant shall certify that it will provide no group housing on the site for persons who:

         (a)   Have been adjudicated a juvenile delinquent;

         (b)   Have a criminal record;

         (c)   Have a legal status as a sex offender;

         (d)   Are persons who currently use illegal drugs;

         (e)   Are persons who have been convicted of the manufacture or sale of illegal drugs; and

         (f)   Are persons with or without disabilities who present a direct threat to the persons or property of others.

   (C)   The borough will make reasonable accommodation for the need of resident caregivers and disabled persons in applying its definition of family, but the applicant shall show that the number of persons and caregivers proposed to reside in the group residence will be generally consistent with the density of dwellings in the proposed zoning district.

(1980 Code, Ch. 28, Part 5, § 28-508) (Ord. 1419, passed 9-16-2013, § 508) Penalty, see § 156.999

   The practice of forestry, including timber harvesting, is declared as a permitted use in all districts. It is subject to the following conditions:

   (A)   Any harvesting shall be preceded by presenting an approved erosion and sediment control plan prior to the issuance of a zoning permit, as needed. The harvester shall also confer with the owner of any above ground utilities on the property to ensure lines will not be damaged.

   (B)   In all districts, to avoid traffic congestion and sound disturbance, all activities must start after 8:00 a.m. and end by 6:00 p.m. during the week. No Sunday work shall be permitted.

   (C)   No harvesting of timber shall be permitted within any setback area except for necessary removal from storm damage, disease prevention, utility protection, or pursuant to land development.

(1980 Code, Ch. 28, Part 5, § 28-509) (Ord. 1419, passed 9-16-2013, § 509) Penalty, see § 156.999

   (A)   Fences utilized for screening shall be of permanent opaque construction, such as wood or vinyl, and kept in repair and maintenance to ensure their continued function. Unless permitted as a boundary fence, the developer shall ensure a maintenance area of at least three feet in width between any screen fence and a property line. The area outside the screen fence shall be mowed grass or landscaped vegetation.

   (B)   If screen planting is used, it shall be comprised of an evergreen hedge at least six feet high at time of planting, planted in such a way that it will block a line of sight. The screening may consist of either one, or multiple rows of bushes or trees and shall be at least four feet wide. It shall be the responsibility of the property owner to maintain a screen planting, replacing trees as needed. The Zoning Officer may require replacement of screening trees.

(1980 Code, Ch. 28, Part 5, § 28-510) (Ord. 1419, passed 9-16-2013, § 510) Penalty, see § 156.999