Malvern City Zoning Code

Identify, designate, and develop historical context for historic resources in the Borough;

Encourage the continued use and protection of historic resources and facilitate their appropriate reuse in the context of the Borough's Comprehensive Plan through reasonable incentives to maintain existing overall aesthetics and relationships to existing uses;

Discourage the unnecessary demolition of historic resources, including their settings, landscapes and other similar features by establishing a clear process whereby proposed demolitions affecting historic resources are reviewed and, in certain circumstances, may only proceed with the approval of the Borough Council;

Discourage the unnecessary deterioration and decline of historic resources that lead to blighted conditions through the implementation of regulations to prohibit and discourage demolition by neglect;

Minimize adverse impacts on historic resources by establishing standards to regulate the salvage, demolition, destruction, and removal of historic resources through the implementation of the standards contained herein;

Promote retention of historical integrity in the context of proposed land use, subdivision, and land development proposals;

Ensure the proper documentation of historic resources if their demolition or destruction is necessary or advisable; and

Provide information on historic preservation best practices and incentives to property owners and residents.

Compliance. Any demolition of all or part of a historic resource as designated by this section shall occur only in full compliance with the terms of this section and other applicable regulations.

Historical overlay. The land parcel associated with each historic resource included on the Official List shall be deemed part of the historical overlay on any zoning district now or hereafter enacted to regulate the use of land in the Borough of Malvern. A land parcel associated with a historic resource shall be included in its entirety and shall not be subdivided unless approved by the procedures provided in this section.

Severability. Should any portion of this section be revised as a result of legislative or administrative action or judicial decision separate from and independent of the authority of the Borough of Malvern, the zoning requirements and other regulatory measures applicable to the property in question shall be those of the underlying zoning district and shall remain in full effect without consideration of this section.

Applicability. All property, including land, improvements and appurtenances, associated with a historic resource are considered part of the historical overlay and are governed by the provisions of this section.

Other restrictions. It is not intended by this article to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail.

Review and certification of completeness. The Zoning Officer shall review any application prepared by a property owner or the Historical Commission pursuant to this section. Upon the Zoning Officer's satisfaction that said application is complete, the Zoning Officer shall certify the same upon the face of the document and give notice of the certification to the applicant, the Historical Commission, and the Borough Council. To the extent that any application is not complete, the Zoning Officer shall provide an explanation to the applicant, in writing, as to what items are missing or deficient within 10 days of submission of the application to the Zoning Officer. No time period or requirement arising out of the submission of any application shall commence until such certification is granted by the Zoning Officer.

Records. The Borough Manager shall maintain a record of all applications associated with the provisions of this section including all final dispositions of the same.

Reimbursement of costs. Any costs incurred by the Historical Commission, as agreed to in advance and in writing by the applicant, to review the application and any plans or studies submitted therewith to the Historical Commission shall be fully reimbursed by the Applicant.

Status communication. The Zoning Officer, or such other person or agency charged by the Borough Council with the enforcement of the provisions of this section, shall review the progress and status of the proposed demolition or use revisions as described in this section and render such reports thereon to the Borough Council and to the Historic Commission as may be necessary to ensure compliance with the provisions of this section and the conditions of any approval granted by the Borough Council.

Confidentiality of information. To the extent that any party is required to provide information which is confidential or proprietary, such party shall submit the required information separately and mark each page of the confidential information conspicuously as "CONFIDENTIAL." The Borough shall use reasonable efforts to maintain the confidentiality of the same provided it is not already made public by others. Alternatively, any party may provide redacted copies of confidential documents, provided that the party shall make the redacted information known to the Historical Commission or Borough Council in a confidential manner upon request. The Zoning Officer shall not treat the redaction of such information as a basis for rejecting any application as incomplete.

Violations. In addition to other remedies available under the Malvern Borough Code or other applicable law which shall be cumulative to remedies described herein, any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this section shall, upon being found liable therefor in a civil enforcement proceeding commenced by the municipality, pay a judgment equal to the market value or replacement value of the property demolished or destroyed together with the costs of such enforcement including, without limitation, court costs; professional services such as engineering, surveying, and environmental investigations; expert witness reimbursements and investigation fees; and attorney fees. In addition, no permit for the construction of a new building on the property shall be issued for a twelve-month period except as may be necessary to address emergency conditions, deterioration which would constitute demolition by neglect under this section, or in accordance with any order issued by a court having jurisdiction. Because of the irreplaceable nature of historic resources, injunctive relief may be appropriate notwithstanding a lack of physical danger to the general public. Except for the duly appointed representatives of the Borough of Malvern acting as agents for the Borough, no person or entity shall be entitled to demand or otherwise obtain injunctive relief under this section.

Other permits and approvals. Review and approval by the Borough of proposed work under the provisions of this article shall be considered prerequisite to the issuance of any other permits and approvals required by the Borough. The issuance of any approval under the provisions of this article shall not relieve the applicant from obtaining other permits or approvals required by the Borough.

Definitions and construction. For the purposes of this section only, the following terms shall have the meanings indicated:

Maintain, in consultation with the Zoning Officer and other Borough staff, the official list of significant historic resources, including the tier of classification for each property on the official list.

With a quorum of not less than 1/2 of the members of the Historical Commission present and voting, provide recommendations to the Borough Council concerning the proposed addition, reclassification, or removal of a property as a historic resource on the official list of significant historic resources.

Review and comment on subdivision and land development applications which affect historic resources in accordance with the requirements and procedures outlined in this section. To avoid confusion or ambiguity, such subdivision and land development applications shall be separate and apart from the nominating application and application for reclassification or removal as described in this section.

Using internal Borough resources or external services procured in accordance with applicable law and with the approval of the Borough Council, document for posterity certain historic resources which are to be demolished in whole or in part pursuant to this section.

Perform any other lawful activities at the direction of the Borough Council that shall be deemed necessary by the Borough Council to further the purposes of this section.

Establishment. The Official List of Historic Resources is hereby established of buildings, structures, objects, monuments, landscapes, and sites in the Borough. The official list, as amended from time to time by Borough Council in accordance with this section, shall be available for public inspection in the Borough Administrative Office. Initially, the Official List shall consist only of the current Tier I Historic Resources as described herein together with those Tier III Historic Resources designated in Exhibit A.[2]

Tiers of designation. The Official List shall consist of three classifications (or "tiers") of historic resources. Tier I historic resources shall be those historic resources which are third-party designated resources (to wit, any historic resource which is so certified or designated by the federal government, the Pennsylvania Historical and Museum Commission, or the Chester County Historic Preservation Office). Tier II historic resources shall be those historic resources so designated by the Borough Council. Tier III historic resources shall be those historic resources so designated by the Historical Commission or Borough Council.

Criteria for designation. Any nomination or application for the designation, reclassification, or removal of a historic resource or nominated historic resource shall be evaluated using the criteria for designation listed herein. Except for third-party designated resources, no building, structure, object, monument, landscape, or site shall be placed on the official list pursuant to this section unless such building, structure, object, monument, landscape or site satisfies three or more of the criteria for designation.

Designation of historic resources. A historic resource may be added to the Official List through the process of designation as described herein.

Historic resource reclassification and removal from Official List.

Nominations for designation of historic resources.

Public meeting. Where any public meeting is required under this section, such public meeting shall be held by the Historical Commission pursuant to the following requirements:

Public hearing. Where any public hearing is required under this section, such public hearing shall be held by the Borough Council pursuant to the following terms and requirements:

Decision of Borough Council. Within 45 days of the public hearing, the Borough Council shall render its decision regarding the nomination, reclassification, or removal of any property for addition to or removal from the Official List. In its decision, Borough Council may designate, reclassify, or remove the historic resource or proposed historic resource. Written notice of the action taken by Borough Council shall be sent in writing to the property owner and any other individual or organization requesting notification in writing to the Borough.

Initially designated properties. As of the adoption of this section, Borough Council has authorized the addition of certain historic resources to the Historic Overlay District as indicated in Exhibit A to this section.[4] Notwithstanding the procedures for nomination and addition herein, the historic resources listed in Exhibit A shall be designated as Tier III historic resources and may be subsequently upgraded, downgraded, or removed in accordance with this section.

Additional and multiple-use incentives. Properties which are part of the Historic District Overlay shall be entitled to the uses permitted in the underlying district as well as the following additional uses as defined in this section:

Additional use definitions and terms. As used in this section, the following uses shall be defined and subject to the terms indicated as follows:

Area and bulk incentives for Tier I and Tier II historic resources. The requirements applicable to the underlying zoning district relating to building area, impervious surfaces and front, side, and rear yard setbacks may be modified by up to 15% with respect to any property containing a Tier I or Tier II historic resource, subject to the recommendation of the Historical Commission and the approval of the Borough Council as follows:

Criteria for evaluation of conditional use. In addition to the criteria listed in Article XXIX, no conditional use shall be granted unless the following requirements have been satisfied:

Preauthorization of demolition plans for early documentation at owner's request. The owner of any historic resource as designated pursuant to this section may, upon written request to the Historic Commission, request the documentation of the historic resource(s) on the owner's property without submitting an application for a demolition permit or otherwise triggering any requirement for documentation under this section.

Application for demolition of Tier III historic resource. Any applicant may submit an application for demolition for a Tier III historic resource. Such application shall include:

Application for demolition of Tier II historic resource. Any applicant may submit an application for demolition of a Tier II historic resource to the Borough. Such application shall include all elements required for the application for demolition for Tier III historic resources together with:

Application for demolition of Tier I historic resource. Any applicant may submit an application for demolition of a Tier I historic resource to the Borough. Such application shall include all elements required for the application for demolition of a historic resource for Tier II historic resources together with:

Procedures for demolition of a historic resource. Upon the certification of the Zoning Officer that any application for demolition is complete, the Zoning Officer shall notify and provide a complete copy of said application to the Historical Commission and Borough Council.

Criteria. Demolition by neglect of a historic resource shall be deemed to have occurred if the structure is unoccupied and exhibits two or more of the following:

Statement of concern. The process for declaration of demolition by neglect of any historic resource may be initiated by any concerned resident or property owner of the Borough. Said resident or property owner shall notify the Borough of their concern by preparing a written statement and submitting said statement to the Borough Office.

Notice of inspection. At a regular or special meeting, the Historical Commission shall make arrangements to have the property examined by an inspection team. The property owner shall be notified in writing by certified mail of the date and time of the inspection at least 10 days prior to the inspection.

Inspection. On the scheduled date and time for inspection, the inspection team shall enter the property to evaluate conditions of the property and investigate the allegations set forth in the statement of concern. An inspection of the interior of any building subject to a notice of inspection for demolition by neglect may be conducted if the property owner, or authorized agent, is present; otherwise, only the exterior of the building will be examined. If the building is occupied, the Codes Enforcement Officer shall determine whether conditions warrant a code enforcement action to protect the health, safety and welfare of its occupants and the general public. If the owner refuses to allow entry into the building, and the Codes Enforcement Officer believes that an internal inspection is necessary, an administrative search warrant shall be requested from the Magisterial District Justice.

Inspection report. The inspection team shall gather information, including photographs, sufficient to convey the condition of the historic resource to the Historical Commission and the Borough Council.

Review by the Historical Commission. Within 30 days of the inspection, at its regular meeting or a special meeting, the Historical Commission shall review the results of the inspection. The property owner or authorized agent shall be notified of the meeting and encouraged to present evidence and testimony pertaining to the claim of demolition by neglect. The Historical Commission shall determine if the historic resource has been vandalized or improperly maintained so as to cause excessive decay or ruin taking into account the following:

Recommendation of the Historical Commission. Within 30 days of its meeting, the Historical Commission shall forward written findings to the Borough Council relative to the claim of demolition by neglect addressing the criteria outlined in this section.

Final decision on demolition by neglect.

Initial action required of property owner. If the final decision of the Borough Council is that a demolition by neglect has occurred, the decision shall indicate what measures shall be taken to rectify the situation including an initial action with a deadline for compliance of 60 days. For unoccupied properties, the initial action shall be to adequately secure and stabilize the property and turn off utilities. If the deadline for initial action passes without compliance by the property owner, the Borough Council shall take additional action including one or more of the following:

Additional actions required of property owner. After the initial action one or more of the following additional actions with deadlines for compliance may be required of a property owner when the Borough Council determines that a demolition by neglect remains in effect:

Periodic inspections. Throughout the course of proceedings the Borough Council may require periodic inspections of the property to monitor conditions and ensure compliance. The interior and exterior of the historic resource shall be inspected periodically by the Building Inspector, a member of the Historical Commission, and the owner or a designated agent to determine compliance.

Contents. The documentation required for a historic resource may depend on the nature of the resource to be demolished. The Historical Commission may prepare or procure documentation and recordation of any or all of the following:

Professional preparation. Such documentation, if required by the Historical Commission, shall be prepared by a person or firm with experience and qualifications relating to historic resource documentation.

Submission. Two copies of such documentation, all of which shall be of quality and scale acceptable to the Historical Commission, shall be delivered to the Historical Commission for review and approval.

Acceptance. Upon approval by the Historical Commission, one copy shall be forwarded to the Borough Zoning Officer with evidence of such approval to be added to the property information on file. The second copy shall be retained in the records of the Historical Commission.

Procurement and costs of documentation of historic resources. The Historical Commission shall coordinate, and the Borough shall pay for, the performance of documentation efforts including selecting and engaging any professional(s) to conduct the same.

Purpose. The subdivision or land development of a lot which contains a historic resource shall be accomplished in such a manner that the resulting lot that will contain the historic resource preserves the integrity of the historic setting and effective use of the historic resource. A goal of the Borough shall be to preserve outbuildings, significant site features, immediate yard areas, and public views associated with the historic resource and preserve or create public views of the historic resource.

Historical Commission responsibilities. Review and recommendations regarding the historic resource, its subdivided lot, the effect on adjoining parcels which contain previously identified historic resources, and the proposed land development shall be made by the Historical Commission to the Planning Commission and the Borough Council within the prevailing timeline of the subdivision and land development process.

Lot size and configuration. The size and configuration of the subdivided lot shall depend upon the historic resource and the characteristics of the landscaping of the subdivided lot and adjacent lots. Lot boundaries shall conform to the lines of identifiable landscape features on the site. The Borough may require that a lot size be increased above the minimum lot size for the zoning district in which the resource is located in order to preserve and protect a historic resource.

Density bonuses. No density bonuses shall be granted to properties where a historic resource has been demolished or demolished by neglect by the current owner in contravention of this section.

Awnings or removable canopies shall not project more than four feet over a public walkway and the lower edge of such projecting structure shall not be less than eight feet above the level of such walkway.

Bay windows, balconies, patios, or unroofed porches may project a maximum of four feet into a required front yard.

Arbors, open trellises, and unroofed steps shall be permitted with no restrictions. No other permanent structure shall project into the front yard.

Open fire escapes, bay windows, balconies, patios, or unroofed porches may project a maximum of four feet into a required yard.

A projection from a building, using such building for support, but not being enclosed or part of the living area of such structure, may extend into the required yard not more than 15 feet, provided that no projection shall extend closer than five feet to any lot line. Such projections may include overhanging eaves, gutters, cornices, chimneys, decks, or patios.

No projection, including those cited in the previous subsections, shall obstruct pedestrian or vehicular circulation, visibility or access to buildings by emergency vehicles.

No portion of a projection shall be located within four feet from a curbline, with the exception of awnings, marquees, or canopies, and the lower edge of such projecting structure shall not be less than eight feet.

Outdoor lighting shall be required for the purpose of safety and personal security in areas of public assembly and traverse, including, but not limited to:

Outdoor lighting may be used for additional purposes such as security and safety for residential, commercial, and industrial uses.

The requirements herein apply to all uses and situations mentioned above, as well as, but not limited to, signs, security, landscaping, and residential lighting.

Lighting plans shall be submitted to the Borough for review and approval with all applications for conditional uses, special exceptions, variances, and subdivision and land development plans. Additionally, the Borough Zoning Officer may require the submission of a lighting plan with any building permit application. The required lighting plan shall include the following information:

Post-approval alterations to lighting plans shall be submitted to the Borough for review and approval.

The Borough reserves the right to conduct a post-installation nighttime inspection to verify compliance with the requirements of this chapter, and if appropriate, to require remedial action at no expense to the Borough.

Floodlighting and outdoor lighting in all districts, whether or not required by this chapter, shall be diffused, directed, shielded, located, designed, and maintained in such a manner as not to present any hazardous situations for passing vehicular or pedestrian traffic or create a nuisance by objectionable light projected beyond its lot line onto a neighboring use or property.

All outdoor lighting shall be shielded to eliminate glare beyond an angle of 35° from a vertical plane and no glare shall be discernable beyond its lot line onto adjacent properties. All fixtures shall be equipped with or have the capacity to be equipped with light directing or shielding of a type and design appropriate to the lighting application, for the purpose of redirecting offending light or reducing direct or reflected glare.

Floodlights and spotlights shall not be aimed, installed, or directed as to project into the windows of neighboring residential uses, and shall not be directed skyward or onto a roadway.

Lighting proposed for use after 11:00 p.m. or after the normal hours of operation for any nonresidential use shall be reduced by 75% between 11:00 p.m. and dawn, unless for an express purpose approved by the Borough.

No outdoor lighting shall have blinking, flashing, or fluttering lights or devices that cause changing intensity, brightness, or color.

Except for public street lights and traffic signals, freestanding light fixtures shall not exceed 20 feet in height.

All lighting standards and necessary equipment shall be approved by the appropriate utility.

All outdoor lighting fixtures and ancillary equipment shall be maintained as to continuously meet the requirements of this chapter.

Residential buffer: Any residential use consisting of 10 or more multifamily dwelling units and any mobile home parks abutting any residentially zoned district or residential use shall provide a residential buffer.

Commercial buffer: Any commercial use or office use, any off-street parking facility that is the principal use of a lot, or any loading/unloading area abutting any residentially zoned district or residential use shall provide a commercial buffer.

Industrial buffer: Any industrial use, unless otherwise specified in this chapter, outdoor storage areas, utility use, in addition to standards in Article XXIV, abutting any residentially zoned district or residential use shall provide an industrial buffer.

Intensive use buffer: A junkyard, recycling center, or similar intensive commercial or industrial use shall provide an intensive use buffer, in addition to standards in Article XXIV, along all property lines.

Where otherwise determined by the Borough Council upon recommendation from the Borough Planning Commission.

Existing vegetation should be preserved wherever possible and incorporated into screening and buffering. Existing plantings, woodlands, topography, or man-made structures can reduce or eliminate the buffering requirements if they partially or completely achieve the same level of screening as the planting requirements outlined in this section. This determination shall be made at the discretion of the Borough Council, upon recommendation by the Planning Commission. Existing trees within the required buffer yard greater than four inches in caliper or greater than eight feet in height shall be preserved to the extent feasible. Such trees may be counted towards required plant materials, as determined by the Borough Council, upon recommendation by the Planning Commission.

Because of the many benefits, buffering should use native and noninvasive species of plants unless otherwise authorized by the Borough. Recommended planting materials are provided in Appendix A.[1] Borough Council, upon recommendation by the Planning Commission, may permit other plant types if they are hardy to the area, are not subject to blight or disease, and are of the same general character and growth habit as those listed in Appendix A. All planting materials shall meet the standards of the American Association of Nurserymen. Planting materials shall be selected with emphasis on hardiness, growing habit for safe vehicular and pedestrian passage, minimum maintenance, and compatibility with site features and the surrounding area.

The applicant is encouraged to install buffer plantings in naturalistic groupings and be compatible with site features and existing neighborhood characteristics, if a satisfactory buffer can be achieved.

All plant materials used in screen planting shall achieve screening or buffering objectives within three years of installation.

Planting size requirements. Plantings intended to meet screening and buffering requirements of this section shall meet the minimum size requirements as follows:

The screen planting shall be installed and thereafter maintained permanently by the property owner and any plant material which does not live shall be replaced within six months. Required buffer plantings shall not be removed without the prior approval of the Borough. If such plantings are removed, the Borough may require that they be replaced, in kind, at the expense of the property owner. Buffer plantings shall be assured by a performance guarantee posted with the Borough in an amount equal to the estimated cost of the plant materials for a period of 18 months from installation. Such guarantee shall be released after this eighteen-month replacement period.

The screen planting shall be so placed that, at maturity, it will be not closer than two feet from any street right-of-way.

Required plantings for buffering shall be chosen that shall not interfere with preexisting overhead wiring or other preexisting overhead permanent structures.

Plantings and public safety. Plantings shall not be located where they may be hazardous to public safety. This includes, but shall not be limited to the following:

Where buffering is required, a landscape plan prepared by a qualified landscape architect shall be submitted to the Zoning Officer and reviewed by the Planning Commission to insure compliance with this section, and approved by Borough Council. The plan shall display all proposed plantings required to buffer and screen the use, and show how the requirements of this section have been achieved on that property in question for the particular use.

Materials permitted within buffers. No structures may be placed within the buffer and no manufacturing or processing activity or storage of materials shall be permitted, except for the following:

Fencing shall be in conformance with § 220-2308.

Buffer yards shall be maintained and kept clean of all debris, rubbish, weeds and tall grass.

Mechanical equipment, storage structures, garbage and waste disposal facilities, and similar facilities shall be fully screened from view from adjacent streets or residential districts or uses, through the use of fences or buffering planting materials.

Where earthen berms are required to provide effective screening, the specified elevation of the berm shall be that achieved after the earth has settled.

To the extent possible, landscaping around detention basins shall be naturalized (e.g., clusters of evergreens interspersed with groupings of deciduous trees and shrubs) and designed to blend with the surrounding environment. When buffering stormwater detention basins, trees shall not be planted on the basin berm or dam; however, shrubs may be planted in this area.

Where it is determined that, due to topography or other factors, these buffer classes prescribed in § 220-2309C do not alone provide an adequate buffer between adjoining incompatible uses, the planting shall be placed upon a berm at a height of three to five feet to increase its effectiveness.

There shall be a buffer area of not less than 20 feet in width provided.

Residential buffer: One canopy tree per 30 feet, plus one evergreen per 60 feet of boundary; or one canopy tree per 60 feet, plus one flowering tree per 60 feet, plus one evergreen per 60 feet of boundary.

Commercial buffer: One flowering tree per 40 feet, and one evergreen tree per 20 feet of boundary; or one canopy tree per 40 feet, and one evergreen tree per 30 feet of boundary, plus one flowering tree per 60 feet of boundary.

Industrial buffer: One evergreen per 20 feet, plus one berm four feet high; or six-foot high cedar or spruce fencing with one flowering or evergreen tree every 20 feet.

Intensive use buffer: In addition to fencing of at least six feet in height, either one canopy or flowering tree at an average of one tree per 30 feet, plus one evergreen tree at an average of one tree per 30 feet; or one canopy or flowering tree at an average of one tree per 20 feet, plus one shrub per six feet shall be provided between the fence and street or property line.

No vehicle which is unregistered or unlicensed under the Pennsylvania Vehicle Code, or without current and valid state inspection, or which would not, in its current condition, pass a Pennsylvania inspection as required by the Pennsylvania Vehicle Code to operate the vehicle on public streets, and no large vehicle parts, including but not limited to one or more of the following: a motor, chassis, transmission, muffler, exhaust pipe, door, hood, trunk lid, fender, frame, bumper and seat, shall be stored outside of an enclosed building on any lot in any district other than the C1 and C4 Commercial Districts, or the LI and LI Limited Industrial Districts.

Any storage of such vehicles for sale in the C1 and C4 Commercial Districts or the LI and LI1 Limited Industrial Districts shall be permitted only as an accessory use to an existing related principal use on the same property including, but not limited to, gasoline service stations or motor vehicle repair establishments, and subject to the following provisions:

The occupant of a lot not within either the C1 and C4 Commercial Districts or the LI and LI1 Limited Industrial Districts may store, on the lot and outside of a building, only for purposes of repairing and/or performing maintenance, no more than one noncommercial passenger vehicle, with valid Pennsylvania license and registration, registered to such occupant, provided that there is no building on the lot in which the vehicle could be safely stored and worked on and provided, further, that the vehicle must have a valid Pennsylvania inspection within 60 days of the day the vehicle was first stored on the lot without such valid inspection.

All recreational vehicles shall be stored or parked within an enclosed building or within a side or rear yard when parked for a period exceeding 24 hours. No such vehicle shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot.

Recreational vehicles that are stored outdoors in the side or rear yard shall be no closer to a property line than the setback lines created by the various yard requirements for the applicable zoning district.

Screening. Recreational vehicles stored outdoors shall be screened from adjacent properties from which the equipment is visible so that no part of the vehicle may be seen from such properties. The screening shall be in the form of either fencing in conformance with § 220-2309, a vegetative buffer, mounding, or a combination thereof, in conformance with the following provisions:

The merchandise shall not be placed so as to interfere with pedestrian or vehicular traffic or within required parking spaces.

No merchandise shall be placed within six feet of the cartway.

For purposes of this chapter, a four-foot-wide clear sidewalk path shall be maintained at all points.

No merchandise shall be displayed outdoors that is pornographic, includes explicit depictions of violence, or is otherwise unsuitable for viewing by children.

No merchandise shall be displayed outdoors in a manner that is intended to or has the effect of interfering with vehicular traffic or is distracting to motorists.

The outdoor display of merchandise shall not interfere with the sight lines of traffic and shall not impair the visibility of any public or private sign.

No merchandise shall be displayed outdoors in a manner that is likely to result in the merchandise falling into the street or sidewalk, blowing, spilling, or otherwise becoming disorderly, hazardous or a nuisance.

All merchandise displayed outdoors shall be removed and placed indoors at the close of business each day.

No additional signage in excess of that approved for the property shall be attached to or placed in conjunction with the merchandise being displayed.

Longer-term outdoor display for a permitted use which traditionally requires such need may be authorized at the discretion of the Zoning Officer if the applicant can demonstrate that indoor storage is not practical or feasible.

Any merchandise that is placed on the public sidewalk or right-of-way in violation of this provision or that otherwise constitutes a hazard to the public may be removed by the Borough Zoning Officer or police officer with or without notice to the owner.

The industrial or commercial use involved traditionally employs long-term outdoor storage including uses such as lumberyard, junkyard, nursery/greenhouse, and automobile retail sales.

Such storage is needed for the successful operation of the use, and the proposed site is suitable for outdoor storage.

The applicant can demonstrate that indoor storage is not practical.

The storage shall comply with all applicable setback requirements and shall cover only that percentage of total lot area that is deemed practical and feasible in the opinion of the Zoning Officer. Wherever feasible, outdoor storage shall be located to the side or rear of the property.

The storage area shall be screened from view from any public right-of-way or any residential district by buildings, walls or an effective screen, as required by this § 220-2309.

These provisions shall be enforced by the Borough Zoning Officer who shall have the discretion to make proper determinations on the above provisions. Any objections to the determination of the Zoning Officer may be appealed with the Zoning Hearing Board in accordance with § 220-2807 of this chapter.

Among uses that shall not be considered appropriate for inclusion under this provision are retail store, personal service shop, service station, car wash facility, business or professional office or office campus, educational use, and automotive accessories.

There shall be no emission of dust, dirt, smoke, ash, fumes, vapors, or gases or other hazardous or noxious materials to the air in such quantities that does not comply with Pennsylvania Air Pollution Control laws, including standards set forth by Standards for Contaminants and Ambient Air Quality Standards of the Pennsylvania Department of Environmental Protection, Rules and Regulations, and the National Emission Standards for Hazardous Air Pollutants of the United States Environmental Protection Agency.

No emission shall be permitted which contains inert particulates in excess of 15 milligrams per cubic meter, based on an eight-hour maximum average exposure.

No user shall operate or maintain or be permitted to operate or maintain any equipment or device which by reason of its operation or maintenance will discharge contaminants to the air in excess of the limits prescribed herein unless the owner and/or operator shall install and maintain such control that will prevent the emission of an air contaminant in such quantity that will violate any provision of this chapter.

The emission of dust, dirt, fly ash, fumes, vapors, or gases which can cause damage to human health, to animal, or vegetation or to other forms of property, or which can cause any soiling or staining of persons or property at any point beyond the lot lines of the use creating the emission is prohibited.

No user shall cause, allow, permit, or maintain any bonfire, junk fire, refuse fire, salvage operations fire, or any other open fire within the Borough.

At no point on the boundary of any lot shall sound level of any operation exceed the decibel levels shown below for the receiving land uses indicated.

The maximum permissible sound levels by the receiving land use category, as listed in the previous table, shall not apply to the following noise sources:

There shall be no activities which emit dangerous levels of radioactivity.

No operation involving radiation hazards shall be conducted which violates the federal regulations and standards. In addition, any proposed use which incorporates the use of radioactive material, equipment or supplies shall be in strict conformity with Pennsylvania Department of Environmental Protection rules and regulations.

No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground, except the following:

All outdoor storage facilities for fuel, raw materials, and all such products, including those listed in Subsection H(1) above, stored outdoors shall be permitted only within the buildable area of the lot behind the front building line of the principal buildings, shall not exceed six feet in height, and shall be enclosed by a fence of adequate sufficient construction, type, and size to enclose, protect, and conceal the facilities from any adjacent properties. Provisions for fences and walls are included in § 220-2308.

No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the lot by natural causes or forces, nor shall any use be conducted in such a way as to discharge any untreated sewage or industrial waste into any reservoir, lake, or stream. Discharge of treated waste into water bodies and all other methods of sewage industrial waste treatment and disposal shall be approved by the County Health Department and Pennsylvania Department of Environmental Protection, as appropriate.

All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.

All activities and all storage of flammable and explosive material at any point shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate firefighting and fire suppression equipment, and devices as detailed and specified by the laws of the Commonwealth of Pennsylvania.

All buildings and structures, and activities within such buildings and structures shall comply with applicable Borough codes and ordinances. Any explosive material shall conform to the requirements of Pennsylvania Department of Environmental Protection rules and regulations for storing, handling and use of explosives.

Up to three pets may be kept on any lot in any zoning district within the Borough. Greater numbers of pets may be kept only on lots greater than 1/2 acre in area. The total number of additional pets permitted on any lot that exceeds 1/2 acre in lot area shall be computed according to the number of acres (listed below) required per animal. For example, three dogs may be kept on a lot of up to 1/2 acre. One-third of one additional acre is required for each additional cat and 1/2 of one additional acre is required for each additional large dog.

Animals not specifically listed above shall be judged based on animals of similar size, diet, temperament, and behavior.

Small caged pets (including, but not limited to, fish, parakeets, canaries, frogs, hamsters, small reptiles, etc.) are not subject to these acreage requirements, and shall be permitted, provided that they are not kept for commercial purposes and provided that they do not create a nuisance of any kind, including objectionable odors, noise or straying onto other property.

Livestock, excluding chickens and ducks kept pursuant to Subsection F, below, may be kept only on lots greater than three acres in size. Only one such animal may be kept on a lot which is at least three acres in size. The total number of additional livestock or poultry animals permitted on any lot exceeding three acres in lot area shall be computed according to the number of acres (listed below) required per animal. For example, one horse may be kept on a lot of three acres. Two more acres are required for each additional horse. One sheep may be kept on a lot of three acres. One-half acre is required for each additional sheep.

Animals not specifically listed above shall be judged as animals of similar size, diet, temperament, and behavior.

In addition to the acreage requirements for pets and livestock, every owner of livestock or farm animals shall also provide a sheltered area of a size sufficient for good sanitation practices and adequate and sanitary drainage according to the following minimum requirements:

All pasture, grazing, and exercise areas shall be fenced with materials of sufficient height, strength, and density to adequately confine the animal in question. All such fencing must be in compliance with all other zoning regulations.

The birds shall be kept within a predator-proof enclosure, consisting of a coop and optional fenced run area, with contiguous barriers protecting all sides and from above. Such enclosure shall be located not less than 10 feet from any lot line, and not less than 25 feet from any dwelling structure, and such that no po1tion of the enclosure is closer to any public right-of-way than the furthest portion of the dwelling structure from such public right-of-way. The enclosure shall contain an area not less than 12 square feet and not more than 32 square feet, and shall be no higher than the permitted height for an accessory structure within the underlying residential zoning district. The enclosure shall be oriented so that the entry to the enclosure faces the dwelling unit structure on the lot.

A maximum of four birds may be kept. In the case of chickens, only hens may be kept. Chicken roosters, cockerels, and capons are not permitted.

Birds kept under this subsection shall be kept in accordance with all applicable laws and ordinances.

Birds kept under this subsection shall not be kept for commercial purposes.

Birds kept under this subsection shall not be slaughtered, plucked, or otherwise dried, aged, or displayed post-mortem, except within a fully-enclosed structure such that any slaughtering, plucking, drying, aging shall not be visible from any other property.