When an unimproved lot is situated between two improved lots, each having a principal building within 20 feet of the side lot line of the unimproved lot, the front setback may be reduced to a depth equal to that of the greater front setback of the two adjoining lots; provided, however, that it may not be reduced to below 10 feet.

When an unimproved corner lot is situated adjacent to two improved lots, then the front and side setbacks of the corner lot which abut the street right-of-way may be reduced to a depth equal to the respective front and side setbacks of the adjoining lots; provided, however, that each yard may not be reduced to below 10 feet.

Appurtenances. Height regulations shall not apply to spires, belfries, cupolas, penthouses (not used for human occupancy), nor to chimneys, ventilators, skylights, utility poles, solar collectors, or related equipment, and ornamental or other necessary mechanical appurtenances normally associated with homes, places of worship, and similar establishments. Such appurtenances shall however be erected only to such height as necessary to accomplish their intended purpose. Any such structure which exceeds a height of 60 feet shall be considered a conditional use.

Industrial. Industrial structures, such as silos, storage tanks or similar types of structures, may be erected above the height limits specified in the District Development Standards where the function or process involved requires a greater height. Any such industrial structure which exceeds a height of 70 feet shall be considered a conditional use.

Towers. Accessory wind turbine generators, commercial wind energy facilities and wireless communications facilities may also exceed the height regulations contained in the District Development Standards but only as provided in §§ 500-28N, 500-131 and 500-132, respectively.

Other regulations. The location and height of all structures shall comply with all applicable rules, regulations, standards and criteria of the Federal Aviation Administration and PennDOT Bureau of Aviation.

Projections into required setbacks shall be permitted as follows, except that in residential districts in no case shall a structure or projection, except for patios, be located closer than four feet to any side or rear lot line or 10 feet to any front lot line.

Bay windows, carports, fireplaces, fire escapes, chimneys, uncovered stairs and landings, and balconies and cornices, canopies, marquees, eaves, or other architectural features not required for structural support may project into the required side, front, or rear setback not more than a total of three feet.

Patios may be located in the required side and rear setbacks not closer than three feet to any adjacent property line and may project into front setbacks not closer than 10 feet to the street right-of-way line.

Development standards. With the exception of lot size as permitted by this § 500-27A, two or more principal buildings or uses located on a parcel in single ownership shall conform to all the requirements of this chapter which would normally apply to each building or use if each were on a separate lot, including but not limited to setbacks, parking, and lot coverage.

Residential density. For the purposes of density of dwellings, lot size shall be increased to maintain the density required by this chapter. For example, the parcel size required for three single-family dwellings on one parcel would be determined by multiplying the minimum lot size for one dwelling by a factor of three.

Nonresidential uses. In the case of nonresidential uses, there shall be no limit on the number of uses or structures on a single parcel provided all other standards of this chapter are satisfied. This shall not apply to adult businesses, junkyards, solid waste facilities, or other uses with a special minimum parcel size requirement listed in this chapter, in which case the parcel size shall be increased to provide for the minimum land area for each use on the parcel.

Structure separation. Principal structures located on the same lot shall be separated by a distance at least equal to twice the required district side setback. See § 500-28A for accessory structures.

Attached accessory structures. An accessory structure attached to a principal building shall be considered to be a part of the principal building and shall conform to the setbacks and height limitations for principal structures.

Unattached structures accessory to residential buildings.

Unattached structures accessory to nonresidential buildings. Such accessory structures shall comply with setback requirements for the principal structure except that for such structures with a gross floor area of 1,000 square feet or less the minimum rear setback shall be 10 feet.

Playhouses. Child playhouses shall be considered accessory structures and shall comply with the requirements. However, a permit shall not be required for a child playhouse under 100 square feet in total floor area.

Utilities. Well houses and other accessory structures housing/supporting utilities and electricity generators, whether or not housed in a structure, shall comply with this § 500-28A.

Disability ramps and outdoor elevators. Temporary ramps or temporary outdoor elevators accessory to single-family dwellings or two-family dwellings to provide access for a disabled person shall not be required to meet required setbacks provided the landowner provides a written agreement that the ramp or elevator will be removed when the person needing it no longer occupies the dwelling.

Construction standards. An accessory structure shall be either prefabricated or custom built. A manufactured house, box or other type trailer, any unit which was originally designed with wheels and axle(s), truck body, cargo container, or other similar unit not originally designed for accessory on-lot storage shall not be used as an accessory building in any district except the I District.

Marquees in commercial districts. Marquees which are designed to provide shelter, or which are designed to enhance the appearance of a commercial structure may project out over a public sidewalk area for a distance of up to six feet, but in no case shall they extend beyond the curb line.

Single occupation; incidental and secondary. A single home occupation per dwelling unit may be conducted within a room or rooms of a dwelling and must be conducted entirely inside a building and shall be clearly incidental and secondary to the use of the dwelling as a residence.

Total area. The home occupation may be conducted in the dwelling and/or an accessory building, but the total area of all areas used for all home occupations on the premises shall not exceed 25% of the gross floor area of the dwelling unit including basement.

Display. No outdoor display or display visible from outdoors, or outdoor storage of materials, goods, products, supplies, or equipment used in the home occupation shall be permitted.

Exterior. A home occupation shall not require or cause any exterior alteration to the residence, structure or to the property and there shall be no evidence visible from outside the dwelling (show windows, business displays, advertising, etc.) that the residence is being operated as a home occupation except for a sign, as permitted by § 500-28C(10), and required parking area.

Employees. The home occupation shall be conducted only by members of the family residing in the dwelling and not more than one person other than residents of the dwelling shall be employed on the premises.

Parking. Off-street parking shall be provided on the premises as required by this chapter to prevent parking on any public or private street right-of-way. A minimum of two additional off-street parking spaces shall be provided for all home occupations.

Nuisances; noise.

Retail or wholesale sale. No goods or items for retail or wholesale sale shall be permitted except for items produced on the premises or goods and items incidental to the operation of an approved home occupation. The total display and/or storage area limited to indoors and not more than 200 square feet.

Traffic. The use shall not create any adverse impact on existing traffic or circulation patterns in the neighborhood nor cause a substantial increase in the volume of traffic in the neighborhood. For the purposes of this chapter, a 20% increase shall be considered substantial.

Sign. One sign may be erected in accord with Article XI to advertise the home occupation and shall not be larger than 12 inches by 24 inches. The sign may include the name, occupation, and logotype or trademark, if appropriate, of the practitioner. Such signs shall not be illuminated.

Performance standards. Article VII, Part 2, Performance Standards, shall also apply to home occupations.

Prohibited uses. The following uses shall not be permitted as home occupations: commercial stables, commercial kennels or motor vehicle or small engine repair shops, retail or wholesale sales, restaurants, crematoria, funeral parlors or other uses not meeting the requirements of this § 500-28C.

Accessory uses. The following types of uses with no nonresident employees shall be permitted as accessory uses in all districts:

Special exception. All applications for home occupations not specifically enumerated as permitted in § 500-28C(13), excluding those prohibited by § 500-28C(12), shall be considered special exceptions.

A single private in-ground or aboveground outdoor swimming pool per dwelling unit is permitted as an accessory use to a residential structure, provided that such swimming pool is for the private use of the residents of the dwelling unit or for their guests and provided that the pool is not located closer than six feet to any side or rear lot line or 10 feet to any front lot line and does not occupy more than 10% of the lot area and that a four-foot high fence, wall or similar enclosure, shall completely surround the area of the swimming pool.

All swimming pools shall comply with PA UCC fencing and other requirements.

No swimming pool shall be so located as to interfere with the operation of a well or on-site septic system, or to be located where there is potential danger of a septic system discharging into the pool or onto the adjacent area around the pool.

Definition. A use accessory to another permitted principal use that operates at a fixed location for a specified period of time.

Zoning permit required. No temporary use shall be established unless a zoning permit evidencing the compliance of such use with the provisions of this § 500-28G and other applicable provisions of this chapter shall have first been issued.

Particular temporary uses permitted by right. The following are temporary uses allowed by right which are subject to the following specific regulations and standards, in addition to the other requirements specified in this chapter. See § 500-28G(4) for conditional uses.

Temporary uses by conditional use. For temporary structures or uses that are not specifically permitted by right by this chapter, and other than customary accessory uses and other than those uses that were lawfully occurring on a periodic basis prior to the adoption of this chapter, a temporary permit may be issued by the Borough Council as a conditional use for a structure or use subject to the following additional provisions:

Additional regulations.

Off-street parking areas or garages. Accessory off street parking areas or garages serving the residential or nonresidential parking demand created by the principal use are permitted in accord with § 500-29.

Parking, storage and use of major recreation equipment.

The wind turbine shall be independent of any structure and shall be located a minimum distance of 110% times the turbine height from any property line.

No part of the wind turbine shall be located within or above any required front, side or rear setback.

The minimum height of the lowest position of the wind rotor shall be 25 feet above the ground.

Wind turbines shall not be climbable up to 15 feet above the ground surface.

To the extent applicable, the wind turbine shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999 as amended, and the regulations adopted by the Department of Labor and Industry.

The design of the wind turbine shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar certifying organizations.

Wind turbines shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

All electrical components of the wind turbine shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

Wind turbines shall be a nonobtrusive color such as white, off-white or gray.

Wind turbines shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, which sign shall have an area of less than 200 square inches.

On-site transmission and power lines shall, to the maximum extent practicable, be placed underground.

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

Visible, reflective, colored objects, such as flags, reflectors, or tape, shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.

The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals, and shall mitigate any harm caused by the wind turbine.

When a building is necessary for storage cells or related mechanical equipment, the building must not exceed 150 square feet in area and 15 feet in height, and must not be located within any required front, side, or rear setback.

The resultant energy harnessed from the wind shall primarily be used on the property on which the wind turbine is located.

The wind turbine shall comply with all other applicable regulations and requirements as set forth in this chapter. However, land development approval shall not be required under Chapter 390 (Subdivision and Land Development) for a single wind turbine.

The landowner shall, at his/her expense, complete decommissioning of the wind turbine within 12 months after the end of the useful life of the wind turbine. It shall be presumed that the wind turbine is at the end of its useful life if no electricity is generated for a continuous period of 12 months.

Decommissioning of the wind turbine shall include removal of the wind turbine, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities. Disturbed earth shall be graded and reseeded, unless the landowner requests, in writing, that the access roads or other land surface areas not be restored.

The wind turbine shall be subordinate to and located on the same lot occupied by the principal use to which it relates.

No more than one wind turbine shall be located on any one lot.

Districts; standards. Accessory solar collectors and associated energy storage facilities are permitted in all districts only in compliance with this § 500-28O and other applicable standards of this chapter.

Excess electricity. Accessory solar collectors shall provide power for the principal use and/or accessory use of the property on which it is located.

Mounting. A solar energy system may be roof-mounted or ground-mounted.

Height.

Setback.

Power lines. All power transmission lines from a freestanding solar energy system to any building or other structure shall be located underground.

Uniform Construction Code; manufacturer's standards. The system shall be installed in accord with Uniform Construction Code and manufacturer's standards.

Removal. The solar collectors and all associated equipment and facilities shall be immediately removed when it is no longer in service and failure to do so shall constitute a zoning violation.

Decommissioning. The landowner shall, at his/her expense, complete decommissioning of the solar system within 12 months after the end of the useful life of the solar system. It shall be presumed that the solar is at the end of its useful life if no electricity is generated for a continuous period of 12 months. Decommissioning of the solar system shall include removal of the solar collectors, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities. Disturbed earth shall be graded and reseeded, unless the landowner requests, in writing, that the access roads or other land surface areas not be restored.

Accessory. The solar system shall be subordinate to and located on the same lot occupied by the principal use to which it relates.

Lot coverage. Detached solar collectors used solely for such purpose shall not be included in computing lot coverage.

Accessory use. The sidewalk use must be an accessory to an approved establishment with the same type of indoor service space on the same property.

Location. The sidewalk use must be located directly in front of the approved establishment and shall not restrict pedestrian passage to less than four feet nor impede vehicle traffic or the opening of vehicle doors.

Outdoor entertainment. No outdoor entertainment, music or public address systems shall be permitted within the outdoor dining area unless otherwise approved as a conditional use.

Lighting. Exterior lighting shall comply with § 500-67.

Signs. No signs except those in compliance with Article XI shall be permitted.

Conclusion of service. Service must cease by 10:00 p.m., and the area shall be cleared and empty of all materials, patrons, and staff by 11:00 p.m.

Outside cooking. No outside cooking shall be permitted in the sidewalk use area.

Availability. The required facilities shall be available throughout the hours of operation of the particular business or use for which such facilities are provided. The term parking space includes either covered garage space or uncovered parking lot space located off the public right-of-way.

Location of parking.

Continuing obligation of parking and loading spaces. All required numbers of parking spaces and off-street loading spaces shall be available as long as the use or building which the spaces serve still exists, and such spaces shall not be reduced in number below the minimum required by this chapter.

Nonparking use. Required off-street parking, loading, and unloading facilities and access ways shall not be used for any other purpose, including, but not limited to, sales, display or storage areas, or the parking of any vehicles for which the area was not approved (e.g., parking of tractor trailers in required passenger vehicle areas).

Existing parking. Any parking spaces serving such pre-existing structures or uses at the time of the adoption of this chapter shall not in the future be reduced in number below the number required by this chapter. If a new principal nonresidential building is constructed on a lot, then any existing parking on such lot that serves such building shall be reconfigured to comply with this chapter, including, but not limited to, required parking and areas reserved for additional parking if needed, requirements for channelization of traffic from adjacent streets, channelization of traffic within the lot, minimum aisle widths, paving and landscaping.

Site plan. The project application shall include a site plan that shows the parking, loading and unloading area, and access design.

General. Parking spaces, loading and unloading areas, and access ways shall be laid out to result in safe and orderly use and to fully address all of the following: vehicular access onto and off the site, vehicular movement within the site, pedestrian patterns and any drive-through facilities. No parking area shall cause a safety hazard or impediment to traffic on or off the lot.

Pedestrian access and circulation. The parking and access plan shall include details of pedestrian access to the site and pedestrian circulation within the site. The intent shall be to facilitate pedestrian access and provide safe and convenient circulation from parking areas to the structure or use.

Design. Off-street parking areas, access ways, fire lanes, traffic flow signs, pavement markings, and other necessary facilities shall be designed and provided in accord with the most current Institute of Transportation Engineers Traffic Engineering Handbook, or other generally accepted methodology approved by the Borough. The applicant shall provide copies of the methodology used for the design. Notwithstanding the above, all parking spaces and the overall design shall be ample in size for the vehicles for which use is intended and stalls shall be a minimum of nine feet by 20 feet.

Nonresidential. No additional off-street parking or loading and unloading areas shall be required for any proposed, expanded or changed nonresidential use except as required in § 500-29E(2).

Overnight accommodations. Off-street parking and loading and unloading areas shall be provided for new or expanded nonresidential uses offering overnight accommodation including, but not limited to, hotels, bed-and-breakfast establishments, and short-term rentals.

Residential buildings. Off-street parking and loading and unloading areas shall not be required for new or expanded residential buildings and conversions to residential use. (See C2 in Parking Table below for short-term rentals)

Fractional numbers. Fractional numbers of parking spaces shall be increased to the next whole number.

Unidentified uses. For uses not specifically provided in the table, the Zoning Officer shall determine the required number of spaces based upon the similarity of the proposed use to the uses in the most current Parking Generation Manual published by the Institute of Transportation Engineers.

Borough required reduction. In the case of parking for conditional uses and special exceptions, if the Borough Council/Zoning Hearing Board determines that the number of parking spaces required by this § 500-29F is not necessarily required to meet the immediate needs of the proposed use, the Borough may require the number of spaces provided to be reduced by a maximum of 25%. The developer shall dedicate sufficient and suitable area to future parking to meet the normal standards in this § 500-29F.

Applicant proposed reduction/increase. The required number of parking spaces may be reduced or increased subject to conditional use approval by the Borough Council for uses classified as conditional uses and by the Zoning Hearing Board for uses classified as principal permitted uses and special exceptions. The applicant shall provide evidence justifying the proposed reduction or increase of spaces, such as studies of similar developments during peak hours. The applicant shall also provide relevant data, such as number of employees and peak expected number of customers/visitors. Any approval to permit such decrease or increase shall be subject to the following:

Form of reservation. Each parking reservation shall be in a form acceptable to the Borough Solicitor that legally binds current and future owners of the land to keep the reserved parking area in open space and, if the Borough determines it is necessary, to provide the additional parking in the time and manner as stipulated in the reservation document. Proof of recording of the agreement shall also be provided to the Borough before the issuance of a zoning permit for the project.

Reserved parking disturbance and stormwater. The reserve parking areas shall remain undisturbed or shall be landscaped but shall be included in the calculations of lot coverage area and for stormwater management and for the requirement of a NPDES permit. The stormwater facilities shall be constructed in accord with the approved sequencing design as parking areas are constructed.

Multiple uses. For projects involving more than one use and/or structure the total number of parking spaces required shall be determined by summing the number of spaces for each individual use.

Handicapped parking. Parking for the handicapped shall be provided in accord with current Pennsylvania regulations governing accessible and useable buildings and facilities and the spaces shall count as part of the spaces required for the use by this § 500-29.

Required.

Number. Each use shall provide off-street loading facilities sufficient to accommodate the maximum demand generated by the use and the maximum sized vehicle, in a manner that will not routinely obstruct traffic on a public street. If a reasonable alternative does not exist, traffic may be obstructed during off-peak hours for loading and unloading along an alley, rear service lane or parking area. Loading areas shall not be used to satisfy parking requirements.

Location. All required loading areas shall be located on the same lot as the use to be served. No loading area for vehicles of more than two-ton capacity shall be located closer than 100 feet from any residential district. No loading area shall be located within 50 feet of a property line unless the lot is less than 200 feet wide, in which case such setback may be reduced to not less than 25 feet at the discretion of the Borough. No loading facilities shall be constructed within any required setback areas. Loading facilities shall be located on either the side or rear of the building and screened in accord with § 500-60.

Access. Each required off-street loading area shall be designed with appropriate means of vehicular access to an interior drive in a manner which will least interfere with traffic movements and shall be subject to the approval of the Borough. Such access shall have paved surfaces to provide safe and convenient access during all seasons.

Repair and service. No storage of any kind, nor motor vehicle repair work of any kind, except emergency work, shall be permitted within any required loading area.

Hours of operation. The limitation of hours of operation for loading or unloading activities may be established as a condition of approval for conditional uses and special exceptions to address impacts on nearby residential uses.

Fire lanes. All buildings shall be accessible to emergency vehicles and shall meet applicable requirements and all related Jim Thorpe Fire Codes.

Parking spaces. Parking spaces shall be accessed directly by a Borough or state road, or by a driveway serving the use. Access shall not be through and/or across a parking space located on a Borough or state road.

Width. Unless otherwise required by Penn DOT for access to a state road, the width of the driveway/access way onto a public street at the right-of-way shall comply with the most current Institute of Transportation Engineers design standards for the type and volume of vehicles anticipated and shall meet applicable requirements.

Controlled access. Each entrance and exit shall be clearly defined with curbing, fencing, landscaping, or vegetative screening so as to prevent access to the area from other than the defined entrance and exit.

Highway occupancy permit. All new driveways shall be required to obtain a highway occupancy permit from the Borough or PA DOT.

Interior travelways. The applicant shall demonstrate that travelways within the property are adequate to safely and efficiently serve vehicles which are reasonably expected to visit the property. Turning radius templates developed by the American Association of State Highway Transportation Officials (AASHTO) shall serve as the design standard.

Curbing. Access drives and landscaping shall be defined with concrete curbing, or such alternate material as may be approved by the Borough.

Roads and property lines. Unless other provisions of this chapter require a greater buffer, all proposed or required parking and loading areas (not including parking decks) and parallel circulation and service lanes serving any commercial, industrial, institutional or multifamily use shall be separated from any public road right-of-way by a landscaped buffer not less than 10 feet in width and five feet in width along other property lines.

Uses prohibited. The buffer area shall be maintained in natural vegetative ground cover and shall not include:

Uses permitted. The buffer area may include the following:

Buildings. Parking spaces serving principal nonresidential buildings and multifamily dwellings shall be located a minimum of five feet from any building wall, unless a larger distance is required by another ordinance provision. This distance does not apply at vehicle entrances into or under a building.

Grading and drainage. Parking and loading facilities, including driveways, shall be graded, and adequately drained away from building areas, to prevent erosion and to avoid increased or altered flow of stormwater runoff into streets or onto adjacent properties.

Grade. All areas provided for the parking of vehicles shall have a minimum grade of 0.5% and a maximum grade of 6%.

Paving. Such areas shall also be provided with a durable and dustless surface, such as gravel, asphalt, or concrete, to provide for the safe storage and smooth transit of vehicles.

Off-site. Required parking may be provided on a different lot than on the lot on which the principal use is located, provided the parking is not more than 300 feet from the principal use lot. Off-lot parking areas shall be permitted only in a district where the principal use is permitted. Both parcels shall be under the same control, either by recorded deed or long-term lease.

Shared parking. In cases where two principal uses share a common property line, shared parking facilities may be utilized. The arrangement for shared parking shall be provided by deed restriction for the portion of each parcel included in the shared arrangement. The shared parking area may span the common property line thereby eliminating the required setback. The standards in § 500-29F for number of spaces to be provided shall apply to shared parking. To the extent that principal uses operate at different times, the same spaces may be credited to both uses. Example: If a church parking lot is generally occupied only to 10% of capacity on days other than a Sunday, another development not operating on a Sunday could make use of the unused church lot spaces on weekdays.