Attached structures. An accessory structure, attached to the principal building, is considered a part of the principal building for all regulatory purposes.

Nonattached structures. An accessory structure, standing apart from the principal structure, is permitted only in a rear yard. The following provisions, however, set forth modifications to this regulation, as well as additional regulations governing nonattached structures.

Fences and walls. In all zones, a fence (except a pool fence) or wall (except a retaining wall of a building permitted under the terms of this chapter) shall not exceed a height of more than three feet in a front yard or front setback area and shall not exceed a height of four feet in a side or rear yard area, provided that it is not located within any front setback area, unless authorized by a variance.

Solar and wind energy facilities. Solar or wind energy systems, either as part of a structure or as an independent structure, providing a significant fraction of the electricity, space heating, space cooling or domestic hot water heating for a permitted use in any zone shall be permitted as accessory uses subject to the following constraints:

Satellite dish antenna. Any accessory structure capable of receiving, for the sole benefit of the principal use, radio or television signals from a transmitter or transmitter relay located in planetary orbit shall be subject to the following constraints:

Outdoor swimming pools. The following regulations apply to any pool or open tank capable of containing water to a depth greater than 1 1/2 feet:

Abandoned or junked motor vehicles. Except as provided in § 198-63, abandoned or junked motor vehicles must be stored in accordance with Chapter 107, Property Maintenance.[1]

Recreational vehicles, trailers and trucks. In the residential zone, recreational vehicles, trailers and/or trucks with a vehicle rating over one ton shall not be stored or parked for a period in excess of three days, November through April, in the area between the street line and the line formed by the front wall of the principal building extended the full width of the lot. On-street parking of the above, for a period in excess of 24 hours, is prohibited in all zones.

Outdoor stockpiling. In all zones, no outdoor stockpiling of any material or outdoor storage of trash is permitted in any front yard area.

Trash, garbage, refuse or junk. Except as provided in § 198-63, or other Borough ordinances, the outdoor accumulation of trash, garbage, refuse or junk for a period exceeding 15 days is prohibited in all zones.

All areas used for pasturing, grazing or exercise shall be securely fenced to prevent the escape of livestock. Such fencing may be located up to, but not on, the property line.

All livestock, except while pasturing, grazing or exercising, shall be housed in a building erected or maintained for the purpose.

The building required by Subsection B hereof shall not be erected or maintained within 100 feet of any land zoned or used for residential purposes.

The accumulation and storage of manure or other odor producing substances shall not be permitted within 100 feet of any lot line. Such substances shall be stored, and disposed of within two weeks, so as not to create a health hazard or nuisance.

The period of the sale shall not exceed four days during two consecutive weeks.

The time of the sale shall begin not earlier than 9:00 a.m. and shall extend not later than 9:00 p.m., prevailing time, on each day thereof.

Only goods and property of the applicant shall be sold and such goods and property shall not have been purchased or otherwise acquired by the applicant for the purpose of resale.

Goods and property shall be displayed only on the day of the sale.

No household shall receive a permit for more than one sale per calendar year.

Front setbacks from major thoroughfares. For the purpose of protecting residential use from adverse influences of traffic and for the purpose of protecting major thoroughfares for their traffic functions, buildings (including residential and nonresidential buildings) along these thoroughfares must be set back at least 50 feet from the right-of-way line of the thoroughfare in all zones except the Village Center Zone. Major thoroughfares are the arterial streets and collector streets as specified in the Thoroughfare Plan component of the Jefferson Borough Comprehensive Plan (see "Comprehensive Plan") plus any street constructed to meet the arterial or collector street design standards as set forth in Chapter 158, Subdivision and Land Development.

Front setback of buildings on built-up streets. Where at least two buildings are fronting on the same side of the street as the lot in question, within the same block as the lot in question, set back a lesser distance than required, and not more than 100 feet from the lot in questions, the average of the lesser setbacks shall become the required minimum front setback for the lot.

Setback on corner lots, double frontage, reverse frontage and triple frontage lots. In the case of corner, double frontage and reverse frontage lots, two front setbacks and two side setbacks shall be provided. In the case of a triple frontage lot, a front setback shall be provided from each street and the remaining setback shall be a side setback.

Accessory or appurtenant structures and architectural features. The setback regulations do not apply to the following, provided that they are not located within the clear sight triangle:

Sight distance:

Structures such as chimneys, standpipes, flagpoles, television antennas (excluding residential satellite dish antennas) or radio towers.

Structures on buildings such as clock towers, cupolas, water tanks, and other mechanical appurtenances, if such structures, at any level, do not cover more than 25% of the roof on which they are located.

Parapet walls or cornices used solely for ornamental purposes if not in excess of five feet in height above the roof line.

Single-family and two-family dwellings: 800 square feet per dwelling unit.

Multifamily dwellings and two-family conversions: 600 square feet per dwelling unit.

Accessory dwelling unit: 400 square feet per dwelling unit.

General regulations for all signs.

Permitted permanent signs. Only the types of permanent signs listed in the Table of Permitted Permanent Signs, which follows, shall be permitted throughout the Borough. Permanent signs must conform to the standards set forth in the Table of Permitted Permanent Signs, as well as satisfy the general regulations of Subsection A of this section. Building permits shall be required for all permanent signs.[1]

Permitted temporary signs. Only the types of temporary signs listed in the Table of Permitted Temporary Signs, which follows, are permitted throughout the Borough. Temporary signs must conform to the standards set forth in the Table of Permitted Temporary Signs, as well as satisfy the general regulations of Subsection A of this section.[2]

Advertising signs. Advertising signs shall be permitted in the Industrial Zone subject to the provisions of Subsection A of this section and the following criteria:

Size of parking space. Each parking space must have an area of not less than 200 square feet, exclusive of passageways and driveways appurtenant to the space and giving access to it, and be a minimum of 10 feet wide by 20 feet deep. Where five or more parking spaces are required, the total parking area, including passageways and driveways, must average 300 square feet per required parking space.

Spaces required. Off-street parking spaces must be provided for each building erected, altered, enlarged or converted, or for each principal use, whichever will result in the greater number of spaces, in accordance with the provisions listed on the Table of Off-Street Parking Spaces, which follows.[1]

Parking facilities for the physically handicapped. Parking facilities shall be provided as follows:

Location. Except as restricted elsewhere in this chapter, ground level parking areas are not permitted in the front yard of any property except in the Industrial Zone or as an accessory use to a principal, nonresidential use, provided that it is at least 10 feet from any property line. The parking area must be on the same or nearby premises. If on nearby premises:

Layout. Every parking lot shall be connected to a street by means of an access drive. Parking must be arranged so there will be no need for motorists to back over:

Separation from streets and sidewalks. For multifamily and nonresidential uses, where a parking area or other area open to movement of vehicles abuts the right-of-way of a public street, sidewalk or walkway, a pipe railing, post and chain barricade, raised curbs or equally effective devices satisfactory to the Borough Engineer must line the public right-of-way, sidewalk or walkway, except at access points, so that parked vehicles will not extend into the street right-of-way, sidewalk or walkway.

Paving.

Drainage. All parking lots shall be drained so as to prevent damage to other properties or public streets. All parking lots shall be designed to prevent the collection of standing water on any portion of the parking lot surface. A parking lot for more than five vehicles shall require a land development plan be submitted to the Borough as required in Chapter 158, Subdivision and Land Development.

Lighting. Adequate lighting shall be provided if the parking lot is to be used at night. Such lighting shall be arranged so as not to reflect or glare on adjoining properties or streets.

Size; surfacing. The loading space must be not less than 12 feet in width, 40 feet in length, and 14 feet in height. It must be surfaced with a bituminous or concrete paving material.

Spaces required. Off-street loading spaces must be provided for each building erected or enlarged in accordance with the following schedule:

Layout. The loading area must be arranged so that there will be no need for motorists to back over public rights-of-way and must not be located in the front yard area. Off-street loading spaces shall not interfere with off-street parking spaces or the Borough streets.

Width. Within 10 feet of the street right-of-way, driveways may not exceed 20 feet in width or be less than 10 feet in width. The width of access drives shall be at the discretion of the Borough Engineer.

Number. The number of driveways/access drives may not exceed two per lot on any one street frontage, however on a lot of less than 200 feet of frontage, the number of driveways/access drives may not exceed one per lot. The Zoning Hearing Board may grant permission by special exception for additional driveways/access drives where required to meet exceptional circumstances and where frontage of unusual length exists.

Location. Driveways/access drives may not enter a public street:

Angle of intersection. The minimum angle between the center line of the driveway/access drive and the street shall be not less than 65°.

Sight distances. A driveway/access drive must be located in safe relationship to sight distance and barriers to vision. A clear sight triangle of 75 feet as measured along the street center line and 10 feet along the driveway/access drive center line commencing at the street right-of-way line must be maintained for all driveways and access drives (See Appendix 3[1]). Permanent obstructions or plantings shall not exceed a height of three feet in the clear sight area.

Slope, cuts. A driveway/access drive may not exceed a slope of 5% within 25 feet of the street right-of-way line. Where a driveway/access drive enters a bank through a cut, unless a retaining wall is used, the shoulders of the cut may not exceed 4:1 (horizontal:vertical) in slope within 25 feet of the point at which the driveway/access drive intersects the street right-of-way. The height of the bank must not exceed three feet within 10 feet of the street right-of-way or property line.

Paving. A driveway/access drive shall be surfaced with a bituminous or concrete paving material.

A fence or screen planting acceptable to the Borough is required to be erected to screen from view the industrial or commercial use.

The space along the side lot line in the Village Center or Industrial Zone abutting a residential zone for 20 feet in depth may not be used for commercial or industrial operations. This area must be suitably landscaped and maintained; however, parking is permitted within the interior 10 feet of the twenty-foot buffer strip.

Lot drainage. Lots shall be laid out and graded to provide positive drainage away from new and existing buildings and on-site sewage disposal facilities and to prevent the collection of stormwater in pools.

Nearby existing facilities. Where adequate existing storm sewers are readily accessible, the developer must extend the existing facilities and connect his stormwater facilities to these existing storm sewers.

Open drainageways. Open drainageways shall not be accepted for the conveyance of concentrated stormwater flow, unless recommended by the Borough Engineer. The Borough Engineer shall review the design of such open drainageways in relation to the following:

Drainage upon adjacent properties:

Drainage onto streets:

Obstruction to drainage prohibited. The damming, filling or otherwise interfering with the natural flow of a surface watercourse is not permitted without approval of the Borough Council and the Pennsylvania Department of Environmental Protection.

From the time an application for approval of a subdivision or land development plan, whether preliminary or final, is duly filed as provided in Chapter 158, Subdivision and Land Development, and while such application is pending approval or disapproval, no enactment or amendment of this chapter shall affect the decision on such applications adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provision of this chapter as it stood at the time the application was duly filed. In addition, when a preliminary application has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in this chapter.

When a preliminary or final subdivision or land development plan has been approved, or approved subject to conditions acceptable to the applicant, no subsequent enactment or amendment in this chapter shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval. Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of the preliminary approval.

Continuance:

Expansion:

Replacement. A nonconformity may be replaced only in conformance with the provisions of this chapter. This includes, but is not limited to, the removal of mobile or modular buildings or structures. If such a nonconforming building or structure is removed, it cannot be replaced unless it conforms to all requirements of this chapter.

Restoration. If any nonconformity is destroyed by reason of wind storm, fire, explosion, or other act of God or a public enemy, to an extent of more than 75% of the market value as appraised for tax assessment purposes, then such destruction shall be deemed complete destruction and the nonconformity may not be rebuilt, restored or repaired except upon issuance of a variance in accordance with § 198-41 of this chapter. Nothing in this chapter shall prevent any wall, floor or roof which has been declared unsafe from being strengthened or restored to a safe condition.

Abandonment. A nonconforming use shall be presumed as abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance. Such use shall not thereafter be reinstated and the structure shall not be reoccupied except in conformance with this chapter.

Reversion. No nonconformity shall, if once changed to conform to this chapter, be changed back again to a nonconformity.

Zone changes. Whenever the boundaries of a zone shall be changed so as to transfer an area from one zone to another zone of a different classification, the foregoing provisions shall also apply to any nonconforming uses or dimensional nonconformities existing therein or created thereby.

Identification and registration. Nonconforming uses and nonconforming structures may be identified and registered by the Zoning Officer.