Zoneomics Logo
search icon

Milford City Zoning Code

ARTICLE V

Supplementary Regulations

§ 312-19 Introduction.

The standards that follow shall be applied to the specific situations indicated and are intended to supplement the standards in Article IV. Standards contained in a specific section regulating a specific use shall not exempt said use from other applicable regulations contained in this chapter.

§ 312-20 Deviations from required sizes.

No part of any structure, whether attached to the principal structure or not, including, but not limited to, porches, carports, decks, balconies, chimneys, bay windows or overhangs shall project into any required yard. No lot, yard, or other space shall be so reduced in area or dimension as to make it less than the minimum required by this chapter except as follows:
A. 
Nonconforming buildings, uses and lots. See Article IX of this chapter.
B. 
Access drives; driveways. Access drives serving a permitted use shall be permitted in all yards, except as may be otherwise regulated by this chapter, provided a buffer of five feet is maintained from rear and side property lines. In the case where the lot abuts an alley, access to residential parking areas and garages shall be from the alley only.
C. 
Front yard exception. Where a vacant lot exists between two improved lots, each having a principal building within 20 feet of the property line separating the parcels, a building may be erected on the vacant lot with a front yard not less than the greater front yard of the two adjoining buildings. However, the front yard setback shall not in any case be reduced to less than 10 feet, except in the C and LC Districts where it may be reduced to the lesser of the two adjoining front yard setbacks.
D. 
Front yard exception for corner lots. When an unimproved corner lot is situated adjacent to two improved lots, then the front yard of the corner lot may be reduced to the respective front yard of the adjacent lots along the designated front of the corner lot. However, neither the front or the side yard shall be reduced to less than 10 feet, unless a lesser setback is otherwise permitted by this chapter.
E. 
Height limitations. Unless otherwise regulated by this chapter, height regulations shall not apply to spires, belfries, cupolas, domes not used for human occupancy, nor to chimneys, ventilators, monuments, water towers, masts and aerials, television antennae, and public utility structures that are not buildings, silos, chimneys, ventilators, and parapet walls extending not more than five feet above the regulated height of the building, skylights, bulkheads, and ornamental or necessary mechanical appurtenances. Any such structure which exceeds a height of 50 feet shall be considered a special exception, but no structure shall exceed a height of 75 feet.
F. 
Projections into yards. Projections into required yards shall be permitted as follows, except that in the residential districts in no case shall a structure or projection, except for patios, be located closer than five feet to any side lot line, 10 feet to any rear lot line, or 15 feet to any front lot line.
[Amended 12-7-2009 by Ord. No. 403]
(1) 
Patios may be located in the required side and rear yards not closer than three feet to any adjacent property line, and may project into front yards not closer than 10 feet to the street right-of-way line.
(2) 
Because the Borough finds that they are temporary, removable structures, awnings and projecting signs may project over the property line into the state or Borough right-of-way a distance of not more than five feet from the building to which they are affixed. If the Borough has granted an easement so that a building legally encroaches into the state or Borough right-of-way the encroachment shall be measured from the edge of the easement. A safe height (of 10 feet for a sign and seven feet for a awning) over any public walkway shall be maintained from the lowest point of these features.
G. 
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 closer than two feet to the curbline.
H. 
Reduction of required area or space. The area or dimension of any existing lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter, unless specifically authorized by this chapter.
[Amended 12-7-2009 by Ord. No. 403]
I. 
Minor lot line modifications.
[Added 11-2-2009 by Ord. No. 400]
(1) 
The relocation of lot lines, or a portions thereof, to accommodate the good faith, legal placement of a principal structure, an accessory structure on a permanent foundation (as opposed to a shed or other moveable structure) or a septic system shall be permitted in accord with this Subsection I. When the placement of a principal structure, an accessory structure on a permanent foundation (as opposed to a shed or other moveable structure) or septic system occurred in good faith and in accord with regulations in place at time, but the location is later determined to violate lot boundary lines, setback lines or other legal restrictions, lot lines and lot area may be modified to become nonconforming without a variance to remedy that violation if:
(a) 
The width or length of any lot to be modified is not decreased at any point by more than 10%; and
(b) 
The area of any lot to be transferred or swapped with another lot does not exceed 5% of its total area.
(2) 
A variance shall be required for any decrease in width or length of more than 10%, any lot transfer or swap in excess of 5%, or any other increase in nonconformity.
(3) 
Subdivision approval shall be required in accord with Chapter 265, Subdivision and Land Development.

§ 312-21 Unique lots, yards and building locations.

[Amended 5-5-2008 by Ord. No. 389; 10-6-2008 by Ord. No. 394; 6-16-2025 by Ord. No. 501, approved 6-24-2025]
A. 
Multiple-use sites.
(1) 
Conditional use and information required.
(a) 
Conditional uses. Multiple-use sites shall be considered conditional uses.
(b) 
Information required. In addition to all other information required for conditional uses, an application for a multiple-use site shall include a site and floor plan that shows all existing and potential habitable or usable spaces, the location of all exterior parking, the location of on site septic systems and other relevant data.
(2) 
Sewage disposal. Adequate sewage disposal shall be provided for all uses on the site, and no permit shall be issued until this is documented by the applicant, and the SEO has notified the Zoning Officer, in writing, that the requirements of Chapter 232, Sewers, for the proposed uses have been met. All applicants shall submit an application pursuant to Milford Borough Chapter 232, Sewers, for a permit for the multiple-use site. If there is no existing building and sewage system, the application shall meet current state and local standards. If the application is for a conversion to a multiple-use site, the application shall include all relevant data as set forth in the Sewers chapter.
(3) 
Permits. The permit issued for a multiple-use site shall specify the total number of individual uses permitted on the lot and the types of each use permitted.
(4) 
Modification of uses after permit approval.
(a) 
Specified uses. Applicants may modify the use of individual approved spaces by making application for the same as a principal permitted use. The Zoning Officer shall approve such modification only when the use is listed on the original multiple-use site permit and the SEO confirms to the Zoning Officer, in writing, that the new use meets the provision of the state and local regulations for sewage disposal. Rejection of any conversion by the SEO shall constitute sufficient grounds for the Zoning Officer to deny the issuance of a zoning permit for such conversion.
(b) 
Unspecified uses. If a use is proposed which is not specifically identified on the permit for a previously approved multiple-use site, the application for the new use shall be considered a principal permitted use, conditional use or special exception as classified by the Schedule of Uses for the District where the multiple-use site is located.
(5) 
Development standards. Except as provided in Subsection A(7) of this section, 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 district lot, including, but not limited to, setbacks, parking, lot coverage, and sewage disposal requirements.
(6) 
Residential density. More than one residential structure shall not be permitted on the same lot in any zoning district, except that one garage apartment shall be allowed in accordance with this chapter.
(7) 
Nonresidential uses.
(a) 
Types of uses. Adult businesses, junkyards, solid waste facilities, or other uses with a special size requirement listed in this chapter shall not be permitted on multiple-use sites.
(b) 
Number of uses. In the case of nonresidential uses, there shall be no limit on the number of uses or structures on a single parcel, provided the required number of off-street parking spaces are provided, adequate sewage disposal is provided, required setbacks are maintained, and all other chapter provisions are satisfied.
(8) 
Residential and nonresidential on the same lot in C and LC districts. Separate residential and nonresidential structures shall not be permitted on the same lot in the C and LC districts.
(9) 
Residential and nonresidential in C and LC district commercial buildings. Dwelling units shall be permitted on the upper floors of nonresidential buildings. The number of dwelling units need not comply with the density requirements on the Schedule of Development Standards,[1] provided the required number of off-street parking spaces are provided, adequate sewage disposal is provided, required setbacks are maintained, and all other chapter provisions are satisfied. The number of efficiency units shall be limited to 25% of the total number of dwelling units.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(10) 
Structure separation.
(a) 
Principal buildings located on the same lot shall be separated by a distance of not less than 10 feet in the C District and LC District and 20 feet in the R District.
(b) 
Principal buildings and accessory buildings shall be separated by a distance of not less than 10 feet in all Districts.
B. 
Street frontage; lots fronting on an alley.
(1) 
A principal building shall be permitted only upon a lot with frontage on a public street or alley, or on a private street improved to Borough standards.
(2) 
Where an existing individual lot abuts only an alley, the alley shall be construed as a street for application of all the requirements of this chapter. In cases where a lot abuts an alley, access to residential garages and parking areas shall be from the alley only.
C. 
Side yard of a corner lot. All corner lot yards abutting a street shall be equal to the required front yard except as per § 312-20D.
D. 
Corner lot restrictions along Broad, Harford and Seventh Streets. No obstruction to vision (other than an existing building, post, column, public utility pole or tower, or tree) between 30 inches in height and eight feet in height shall be erected or maintained on any lot within the triangle formed by the street intersection, created by the right-of-way of each street extended to a point, and a line drawn between two points each located 30 feet from the street intersection. All plant materials shall be kept trimmed to ensure uninterrupted vision for motor vehicle traffic.
E. 
Multiple lot sites. All applications will be reviewed with reference to the approved subdivision maps or recorded deeds of record. An applicant/owner of multiple lots must conform to all regulations as they pertain to all lots unless a review of the recorded deeds or maps reveals the existence of a deed or map that irrevocably joins the subject lots as one building site that may not be sold as separate lots or resubdivided without Borough approval. All applications for approval pursuant to this section must be accompanied with a certified copy of the applicable deed or map.

§ 312-22 Accessory structures and uses.

A. 
Accessory structures. All accessory structures shall conform with the minimum yard regulations established in Article IV except as permitted below:
(1) 
Unattached structures accessory to a residential building. Structures accessory to residential buildings which are not attached to a principal structure may be erected within the required side and rear yards of a principal structure only in conformance with following:
(a) 
Maximum height. One and one-half stories or 17 feet in height, whichever is less.
(b) 
Distance from side lot line. Not less than four feet from the side lot line, except in the case of corner lots where the full side yard as specified in § 312-21C shall be maintained.
(c) 
Distance from rear lot line. Not less than four feet from the rear lot line.
(d) 
Distance from principal structure. Not less than 10 feet from a principal structure.
(2) 
Unattached structures accessory to a nonresidential building. Such accessory structures shall comply with front and side yard requirements for the principal structure and shall have a rear yard of at least 10 feet.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3) 
Fences, terraces, walkways and walls.
[Amended 11-3-2008 by Ord. No. 395; 12-7-2009 by Ord. No. 403]
(a) 
Unless specifically noted, the setback provisions of this chapter shall not apply to fences, terraces, walkways or walls six feet or less in height above the average existing grade.
(b) 
Fences greater than six feet in height above the average existing grade are prohibited except in the LC District and C District where security fences may be eight feet in height. The setback provisions of this chapter shall not apply to such security fences.
(c) 
Terraces, walkways or walls more than six feet in height above the average existing grade shall comply with the setback provisions of this chapter.
(d) 
In all cases, the finished side of any fence shall face out toward neighboring properties or the public and the unfinished side shall face the interior of the lot on which the fence is erected.
(e) 
For purposes of this subsection only, walkways shall be defined as boardwalks, stairwells, walkways or stairways that are directly connected to a public sidewalk or public street crossing, but not directly connected to the principal structure or any accessory structures.
(4) 
Commercial use of existing accessory structures. Accessory structures existing in the C and LC Districts at the effective date of this Subsection D may be appropriate to obtain a permit for any nonresidential use as classified in the LC Schedule of Uses provided all other provisions of this chapter, other than setbacks, and all other applicable ordinances are satisfied. Parking shall be provided in accord with § 312-23D(2).
B. 
Outdoor display of merchandise in the commercial district.
(1) 
Merchants in the Commercial District may, as a conditional use display merchandise for sale or rent in connection with retail sales, equipment rental, road side stands or shopping centers/malls uses, for which permits have been issued under this chapter, under the following conditions:
(a) 
Such merchandise shall be displayed in the front yard (defined as the area between the front yard setback as defined in Subsection B(1)(b), and the front of the principal building on the lot) and on one side yard (defined as the area to the right or left of the principal building on the lot between the front building line, the rear building line and the side yard setback line) only.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b) 
In the event that the building is closer to the property line than three feet, then display may take place only within a three-foot area from the front of the building outward pursuant to a sidewalk encroachment permit that is issued by the Zoning Officer. A unobstructed sidewalk of at least five feet in width must be maintained at all times for pedestrian traffic.
(c) 
The outdoor display of merchandise that is not intended for outdoor use after sale shall be removed when the business is not open.
(d) 
New and used car dealerships shall not be covered by this section.
(e) 
This section shall not apply to soft drink, ice, newspaper or candy machines placed next to commercial buildings.
(f) 
The Borough Council may designate or approve a specific dimensional area for outdoor display after considering the factors set forth in this section.
C. 
Home occupations. A single home occupation per dwelling unit is permitted as an accessory use to a residential structure, provided that such home occupations shall be conducted only by residents of the dwelling unit who may not employ any additional nonresident persons. Following are additional home occupation regulations:
(1) 
Floor space for the home occupation shall not occupy more than 25% of the dwelling unit floor area. The absolute maximum floor space for a home occupation and its related storage shall be 600 square feet. Garages, attics, basements and accessory buildings are included in the calculation for the maximum floor space. Home occupations may be conducted in a garage.
(2) 
Employees of a home occupation shall be residents of the dwelling unit, except that a doctor may employ a nurse, an attorney a secretary, etc.
(3) 
Outside storage of home occupation materials is prohibited.
(4) 
Outside illumination shall be for safety reasons only and shall not be for advertising such as flood lighting or facade wash lighting. Illumination even in parking areas shall be indirect.
(5) 
One sign for the home occupation is permitted and shall be further controlled as follows:
(a) 
The sign surface area shall be a maximum of two square feet with a maximum height of one foot.
(b) 
Signs shall be fixed flat on the main wall of the dwelling unit and shall not project more than six inches, or a sign may be erected in the front yard but not within 10 feet of a street right-of-way line.
(c) 
Illuminated home occupation signs are prohibited.
(d) 
Sign colors are limited to black and white.
(6) 
Home occupation activities shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes and home occupations shall be further limited to the following: secretarial services, accounting, office for state or federally licensed professional occupation, nursery or school for not more than 10 persons attending at one time, the training or tutoring of up to four adults in small classes, custom clothes alterations, and the production of small items made from raw material on site. No other home occupations of any kind will be permitted.
[Amended 10-6-2008 by Ord. No. 394]
(7) 
No equipment or process shall be used in such home occupation, which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers or which causes fluctuations in line voltage off the lot.
(8) 
There shall be no change in the existing outside appearance of the building or premises or other visible evidence of the conduct of such home occupation other than a sign.
(9) 
The use shall not require pickup or delivery or other servicing by a vehicle of more than 19,500 pounds registered gross vehicle weight (Federal Highway Administration Class 5). The use shall not involve the parking of more than one truck of any type on the premises or on adjacent streets at any period of time, and no truck in excess of 19,500 pounds registered gross vehicle weight (Federal Highway Administration Class 5) shall be parked on the premises or on adjacent streets.
[Added 11-3-2008 by Ord. No. 395]
D. 
No impact home-based businesses. A no impact home-based businesses shall be permitted as an accessory use and the Zoning Officer may consider applications for same without the need for any hearing before, or referral to, the Borough Council. A no-impact home-based business is a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
(1) 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2) 
The businesses shall employ no other employees other than family members residing in the dwelling.
(3) 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4) 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(5) 
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6) 
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(7) 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(8) 
The business may not involve any illegal activity.
E. 
Private parking areas, garages accessory to residential uses. Accessory off-street parking areas or garages serving the residential or nonresidential parking demand created by the principal building are permitted in accord with § 312-23.
F. 
Home gardening, nurseries and greenhouses. Home gardening, and accessory structures used for nurseries or as greenhouses, are permitted in residential areas, provided they are used by the residents thereof for noncommercial purposes. The outdoor storage of equipment and supplies shall be prohibited.
G. 
Private outdoor swimming pools.
(1) 
Accessory use. A single private 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.
(2) 
Setbacks. The pool may be located within the required rear yard except that no portion of the water in the pool shall be located closer to the property line than 10 feet and no portion of any walks or accessory pool appurtenances surrounding the water shall be closer than six feet to any property line.
(3) 
Fence. All pools shall be surrounded and enclosed by a four-foot high fence structurally suitable to deter direct access to the water in the pool. Fences shall be constructed of weather-resistive materials and shall be assembled or fabricated with sufficient rigidity to prevent any substantial alteration or deformation of the lawful openings, holes or gaps. The fence shall not have openings, holes or gaps larger than four inches in width or, if larger than four inches in width, no larger than four inches in length except for doors or gates. If a picket fence is used the horizontal dimensions between slats shall not exceed four inches. A dwelling or accessory building may be used as a part of such a fence. However, hedges shall not be used as such enclosure in part or whole.
(4) 
Gates and doors. All gates or doors accessing the pool shall be equipped with a self-closing and self-latching device designed to keep, and capable of keeping, such door or gate securely closed at all times when the pool is not in actual use. The door of any dwelling forming any part of the enclosure need not be so equipped.
(5) 
Above-ground pools. The sides of a pool constructed above the ground level shall be considered to meet the requirements for a fence preventing direct access to the pool, provided that such sides of the pool are at least four feet high. Any stairs, steps or ladders used to reach the water surface of the pool shall be removable or capable of being folded up or secured in a way which will prevent their use when the pool is not in use.
(6) 
Permits. All pools which meet the definition of "swimming pool, private outdoor" in Article III shall require a zoning permit.
[Amended 10-6-2008 by Ord. No. 394]
(7) 
Existing pools. The above requirements for providing safe enclosure around a swimming pool primarily by fencing shall also apply to all existing swimming pools, as well as to new swimming pools.
(8) 
Decorative ponds. Decorative ponds shall be exempt from this Subsection G.
H. 
Yard and garage sales. Individual private family yard sales and garage sales are a permitted accessory use in all zoning districts. A permit shall be required and yard sales and garage sales shall be subject to Chapter 158, Flea Markets and Garage Sales, of the Code of the Borough of Milford.
I. 
Satellite dish antennae. All private satellite dish antennae shall be considered structures and shall maintain the setbacks required for accessory structures; however, a permit shall not be required for such antennae 20 inches or less in diameter.
J. 
Tennis courts. The front, side and rear yard setbacks for an accessory tennis court shall be 20 feet, and for an accessory tennis court fence 10 feet.
K. 
Accessory structures are not permitted to be occupied, except for permitted garage apartments.
[Added 1-22-2024 by Ord. No. 488]

§ 312-23 Off-street parking and loading.

A. 
Availability of facilities. In all districts, off-street parking, loading, and unloading facilities, and pedestrian access shall be provided to lessen congestion in the streets and shall be provided as set forth in this § 312-23 whenever any building is erected or enlarged, or any use is proposed or changed.
(1) 
The facilities shall be available throughout the hours of operation of the particular business or use for which such facilities are provided.
(2) 
The facilities shall have adequate and well-designed ingress and egress and shall be located on the same lot as the use to which they are accessory.
(3) 
The facilities shall be located on the same lot as the use to which they are accessory. However, required parking may be provided on a different lot than on the lot on which the principal use is located as a conditional use. The parking shall not be more than 400 feet from the principal use lot. Off-lot parking areas for uses in the C District and LC District shall not be permitted in the R District. Both parcels shall be under the same control, either by deed or long-term lease, as the property occupied by such principal use, and the owner shall be bound by covenants of record filed in the office of the County Recorder of Deeds requiring the owner and his or her heirs and assigns to maintain the required number of off-street parking spaces during the existence of said principal use. The Council may attach reasonable conditions to the grant of any permit hereunder such as adequate screening or buffers from neighboring properties.
(4) 
A driveway and garage parking space may be used to satisfy the parking requirement if in fact these spaces are usable for parking.
B. 
Size and design of parking spaces. Parking shall be provided in accord with an overall parking plan prepared in accord with generally accepted design standards (such as the most recent edition of the American Institute of Architects Architectural Graphic Standards, or The Subdivision and Site Plan Handbook) and which takes into consideration access design and control, size and shape of the parking area, types of vehicles using the parking area, traffic patterns and other applicable considerations. Garages and carports not in the public right-of-way may be considered parking spaces. Notwithstanding the above, all parking spaces shall be ample in size for the vehicles for which use is intended, but in no case less than nine feet wide and 18 feet long.
C. 
Illumination. All driveways, aisles, maneuvering spaces, vehicular service areas, and spaces between or around buildings, designed for use by more than four cars after dusk, other than those accessory to a single dwelling, shall be illuminated between sunset and sunrise in accord with the recommendations of the Society of Illuminating Engineers at no cost to the Borough. All lighting shall be arranged so to prevent glare into adjoining properties and streets and in accord with § 312-34H.
D. 
Parking between principal structure and street.
(1) 
New construction. In the case of the development of a vacant lot or the razing of an existing structure and the redevelopment of a lot, no parking shall be permitted anywhere between the public road right-of-way and the principal structure for any new construction except in driveways accessing a garage accessory to a dwelling. This shall not apply to alleys. (See §§ 312-20B and 312-21B for required access from alleys.)
(2) 
Expansion or change in use. In the case of the expansion or change in use of an existing use, the number of parking spaces shall be provided in accord with Subsection E of this section. Parking shall be provided to the rear of the building as a first priority and on the sides as a second priority. New parking in front of the building shall not be permitted but existing parking in front of the building may be maintained.
E. 
Number of spaces to be provided.
[Amended 12-7-2009 by Ord. No. 403]
(1) 
Nonresidential. Any structure or building which is hereafter erected, converted, or enlarged for any use, or any open area hereafter used for nonresidential purposes, shall be provided with five off-street parking spaces for each 9,600 square feet of lot area. For lots which are less than or greater than 9,600 square feet, the number of spaces provided shall be proportionate to the five spaces to 9,600 square feet requirement. Such spaces shall be readily accessible to the uses served thereby. Fractional numbers of parking spaces shall be increased to the next whole number.
(2) 
Residential. One off-street parking space shall be provided for each one-bedroom apartment dwelling unit. Two off-street parking spaces per unit shall be provided for all other dwelling units.
F. 
Loading and unloading areas. In addition to the required off-street parking spaces, the developer of any building erected, converted or enlarged in any district for commercial, office building, hotel, motel, restaurant, manufacturing, wholesale, hospital or other nonresidential uses shall provide adequate off-street areas for loading and unloading of vehicles. The developer shall provide details on the type and frequency of vehicles operating in connection with the proposed use to justify the loading and unloading areas proposed. Each required space shall meet the following dimensions:
Largest Type of Truck Service
Minimum Width
(feet)
Minimum Length
(feet)
Tractor trailer
14
75
Trucks other than tractor trailers, pickups or vans
12
30
Pickup truck or van
10
20
G. 
Access to off-street parking and loading areas. There shall be adequate provisions for ingress and egress to all parking and loading spaces designed for use by employees, customers, delivery services, sales people and/or the general public. Access to and from all off-street parking, loading and vehicle service areas along public rights-of-way shall consist of well-defined separate or common entrances and exits and shall comply with the following provisions:
(1) 
Width. Unless otherwise required by PennDOT for access to a state road, the width of the driveway/accessway onto a public street at the edge of the cartway shall be as follows:
Width
1-Way Use
(feet)
2-Way Use
(feet)
Minimum
14
20
Maximum
30
40
(2) 
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.
(3) 
Highway occupancy permits. All new uses shall be required to obtain a highway occupancy permit from the Borough or PennDOT, as the case may be. In the case of a change in use or the expansion of an existing use, the Borough may require the applicant to obtain a highway occupancy permit or a revised highway occupancy permit. Where a use accesses the public right-of-way via a private road, the highway occupancy permit requirement and criteria shall be applied at the public right-of-way intersection. In making the determination of requiring a highway occupancy permit or a revised highway occupancy permit, the Borough shall consider the following criteria:
(a) 
The anticipated increase in traffic volume. In the case of PennDOT permits, if the traffic increases from one level of permit to a higher level, a revised permit shall be required.
(b) 
The adequacy of the sight distance at the access to the property.
(c) 
Effectiveness or lack of existing traffic access controls such as curbing, fencing or landscaping.
(d) 
The number of parking and loading spaces available and the number required by this chapter.
(e) 
The occurrence of parking on the public road right-of-way and adjoining properties.
(f) 
Anticipated future development in the vicinity.
(4) 
Curbing. Access drives and landscaping shall be defined with concrete curbing, or such alternate material as may be approved by the Borough.
H. 
Parking and loading area setbacks and buffers. All parking and loading areas and parallel circulation and service lanes serving any nonresidential or multifamily use shall be provided with buffers in accord with the requirements of § 312-34A of this chapter and Chapter 265, Subdivision and Land Development. The buffer along streets shall not be less than eight feet wide and the buffer along property lines shall not be less than five feet wide.
I. 
Grading, wearing surface, and drainage. Except for landscaped areas, all wearing surfaces of required parking areas, including driveways, shall be graded, surfaced with asphalt or concrete or not less than six inches of crushed stone, and shall be designed to prevent dust, erosion, or excessive water flow across streets or adjoining properties. Surface water flow shall be controlled and managed as per the stormwater control requirements of this chapter, the Subdivision and Land Development chapter, and any Watershed Ordinances adopted by the Borough.
J. 
Landscaping. All nonresidential improved off-street parking areas not entirely contained in a garage or building shall comply with the landscaping requirements of § 312-34B and Chapter 265, Subdivision and Land Development.
K. 
Existing parking areas. No existing parking area or any off-street parking shall be eliminated, reduced in size or otherwise altered so that any use is served by less parking than is required by this chapter.
L. 
Parking for residential use. Off-street parking shall be provided in accord with this § 312-23 for all residential uses in all Districts.
M. 
Handicapped parking. Handicapped parking shall be provided in accord with the requirements of the U.S. Americans With Disabilities Act and generally accepted design standards.
N. 
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.

§ 312-24 Signs.

A. 
Applicability of sign regulations. All signs, which can be seen off the premises on which they are located, unless they are listed below in Subsection C, Nonapplicable situations, shall comply with all applicable provisions of this chapter, regardless of whether a permit is required or not. Signs, which cannot be seen off the premises on which they are located need not comply and do not require a permit.
B. 
Permit requirements for signs.
(1) 
A zoning permit shall be required for all business identification signs, advertising signs, temporary signs, bulletin boards, and announcement or professional signs which will be seen off the premises on which they are located before erection or replacement.
(2) 
No permit shall be required for normal maintenance of existing signs.
(3) 
All signs relating to a defunct business or a past event shall be removed by the property owner where said sign is located. The Zoning Officer may identify such signs and notify the property owner of the violation. If said sign is not removed within 15 days of such notification, then the property owner where said sign is located shall be subject to the fines and penalty provisions of this chapter applicable to violation of this chapter.
(4) 
Applicants may, at their option, apply for all signs for any one business location in one application.
(5) 
Once the message on the sign is removed the sign structure and face may remain in place for anticipated future use as long as the structure and face remain in good repair and they are the subject of a properly issued permit or certificate of nonconforming use.
C. 
Nonapplicable situations. No permit shall be required for and the regulations of this § 312-24 shall not be applicable to the following types of situations:
(1) 
Signs not exceeding two square feet in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotations.
(2) 
Signs not exceeding six square feet in area, which identify the real property, offered for sale or lease.
(3) 
No trespassing signs and other signs indicating the private nature of a road, driveway or premises, which do not exceed two square feet in area.
(4) 
Flags and insignia of any government except when displayed in connection with commercial promotion.
(5) 
Legal notices; highway identification, informational or directional signs erected or required by governmental bodies; official traffic signs and signals; banners and welcome signs erected by the Borough.
(6) 
Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights unless part of an historical building identification sign as determined by the Borough Architectural Review Board.
(7) 
Signs, not exceeding six square feet in area and bearing no advertising matter, which direct and guide traffic and parking on private property.
(8) 
Signs, not exceeding two square feet in area and bearing no advertising matter, which give information on location of such things as restrooms, telephones, offices or the functional subdivision of the premises.
(9) 
Signs, which are an integral part of a window display in which the letters appearing on such sign do not exceed one inch in height.
(10) 
Signs, not exceeding two square feet in area and one per business, which indicate whether the subject business is open or closed. Flags may be used for this purpose if hung from a vertical pole and are permitted to drape naturally from that pole. Flags displayed in this manner may not exceed three feet by five feet in size.
(11) 
Signs, not exceeding two square feet in area and one per business, which indicate the hours of operation of the subject business.
(12) 
Temporary signs indicating the contractors, consultants, mechanics and artisans performing work or services on the premises, provided they shall be removed within 10 days after completion of the service or work and not more than one sign shall be placed on each street fronted by the site.
(13) 
Plaques authorized and issued by the Historic Preservation Trust of Pike County to designate historic places within the Borough. Such signs shall be no larger than two square feet and shall be affixed pursuant to directions given by the Architectural Review Board of the Milford Historic District to the homeowner. No more than one such sign or plaque per structure shall be permitted.
(14) 
Signs designating an historic place not issued by the Trust, and erected pursuant to directions given by the Architectural Review Board of the Milford Historic District, may be erected only after the acquisition of a permit from the Zoning Officer. Such signs shall meet the terms of Subsection C(13) herein and shall be placed on the face of the main building only.
(15) 
For temporary advertising signs placed on and at the Borough ball field at Third Street but only when erected under the terms of a program for such signs adopted by and administered by the Milford Borough Council.
D. 
Prohibited signs. Signs which attempt or appear to attempt to direct the movement of traffic or which interfere with, imitate, or resemble any official traffic sign, signal, or device shall not be permitted, erected or maintained in any district. No animated, revolving, or moving signs shall be permitted. Flashing signs are prohibited.
Schedule of Sign Regulations
[Amended 12-7-2009 by Ord. No. 404]
Type of Sign
(1)
Projecting/Wall/ Permanent Window
(2)
Freestanding
(3)
Temporary Window
Residential District
Maximum surface area in square feet
15
15
N/A
Maximum number permitted per property for public uses and semipublic uses
2 per street fronted from Column (1) and/or (2)***
N/A**
Maximum number permitted per property for all other uses for which signs are permitted
1 per street fronted from Column (1) and/or (2)
N/A**
Setback from street curbline in feet
20*
20
N/A
Commercial or Limited Commercial District
Maximum surface area in square feet
40
40
25% of window glazed area
Maximum number permitted per property
2 per street fronted from Column (1) and/or (2)*** (see § 312-24X for A-frame/sandwich board/easel signs)
N/A
Setback from street curbline in feet
20*
20
N/A
N/A=not applicable
*
Or the front of the building if that is closer to the curb than 20 feet.
**
No maximum number as long as the 25% area maximum is observed.
***
Any combination of either projecting/wall/permanent window or free standing or both, but no more than two total per street fronted.
E. 
Surface area limitations. The maximum surface area for each type of sign for which a permit is required is indicated in the Schedule of Sign Regulations. For all other signs, the requirements of the most similar sign in the Schedule of Sign Regulations shall be applied. The following additional constraints shall also be applied:
(1) 
The total area of any and all freestanding signs shall not exceed one square foot for each one foot of lineal lot frontage up to the maximum surface area stipulated for each District in the Schedule of Sign Regulations.
(2) 
No sign erected directly upon the ground shall have an unbroken length of more than 10 feet.
(3) 
The total area of any wall sign shall be in proportion to the area of the building face (including window and door area and cornices) to which it is attached, up to the maximum surface area stipulated for each district in the Schedule of Sign Regulations. Such wall signs shall not exceed 20% of the building face area for painted wall signs nor 10% of the building face area for wall signs attached to the wall by a wall sign structure.
(4) 
Permanent window signs shall be considered wall signs and included in computation of the maximum surface area, but shall nevertheless not exceed 25% of the total window area of each street.
F. 
Surface area calculation.
(1) 
The size of any sign shall be computed by multiplying its greatest height by its greatest length, exclusive of supporting structures. In the case of signs that have no definable edges, such as raised letters attached to a building facade, the sign size shall be that area within a single continuous perimeter enclosing the extreme limits of the actual message or copy area.
(2) 
In computing the surface area of a multi-faced sign, only one side shall be considered provided all faces are identical. If the interior angle formed by the two faces of a double-face sign is greater than 45°, then both sides of such sign shall be considered in calculating the sign area.
(3) 
Frames and structural members not bearing advertising matter or not in the form of a symbol shall not be included in the computation of surface area.
G. 
Number of signs. For purposes of determining the number of signs permitted, a sign shall be considered to be a single entity organized, related and composed to form a unit. Where the organization, relationship, or composition of a number of elements is not readily discernible as a single sign, each element shall be considered to be a single sign. The maximum number of signs allowed for each type of sign for which a permit is required is indicated in the Schedule of Sign Regulations. For all other signs, the requirements of the most similar sign listed in the Schedule of Sign Regulations shall be applied.
H. 
Sign placement.
(1) 
No sign shall be so located or arranged that it interferes with traffic through glare, through blocking of reasonable sight lines for streets, sidewalks, or driveways, through confusion with a traffic control device (by reason of color, location, shape, or other characteristics), or through other means. Nor so that it creates offensive glare on neighboring properties.
(2) 
No sign shall be erected, attached, or displayed within 25 feet of the point of the intersection of the street right-of-way lines at a street corner. The requirements of the section of this chapter for corner clearance standards shall also apply to all signs.
(3) 
No sign shall be permitted within or to project over a public street. Temporary overhead signs may be permitted by the Borough subject to the temporary sign regulations of this chapter.
(4) 
No sign in nonresidential districts of the municipality shall be located so as to face residential districts of the municipality. This provision shall not apply to signs at right angles to the street right-of-way line of such street or where a street constitutes the zone boundary.
I. 
Height. No attached sign shall be erected upon the roof of a building or extend above the height of the building. Signs shall be no more than 20 feet in height in nonresidential districts. In all other districts, signs shall be no more than six feet in height. Height shall be measured from grade level at the center line of the nearest street to the highest part of the sign.
J. 
Clearance. All signs extending over a public walkway shall have a minimum of 10 feet of clear space between the sign and the ground, provided that necessary support may extend through such open space, but not lower than eight feet. A sign which is integral to an awning shall comply with the projection and safe height requirements for awnings in § 312-20F(2).
[Amended 12-7-2009 by Ord. No. 404]
K. 
Projection from walls. Signs attached to a building wall or facade, in the commercial district, shall not project more than five feet from the building wall or facade. Signs attached to a building wall or facade, in the residential district, shall not project more than two feet from the building wall or facade.
L. 
Sign construction.
(1) 
All signs except temporary signs shall be constructed of durable material and kept in good condition and repair. Construction and maintenance of all signs except temporary signs shall be in conformity with building and fire prevention codes of Milford Borough. Electrical signs shall be subject to the performance criteria of the National Fire Protection Association and any applicable municipal code. No banners, pennants or streamers shall be permitted except for a grand opening of an establishment, a special sale or promotion in accordance with the provisions of Subsection T of this section.
(2) 
Signs of which all or any part is in motion by any means, including fluttering, rotating, revolving or other moving devices are prohibited; except when not visible from motor vehicles traveling on public roadways.
(3) 
Hanging signs which simply swing in the wind and clocks and time and temperature signs and barber poles may be exempted, provided they comply with all other provisions of this chapter.
M. 
Illumination. All signs may be illuminated by shielded flood lights; provided, however, that no red or green lights shall be permitted within 75 feet of the point of intersection of the street right-of-way lines at a street corner. Back-lighted or interior lighted signs, including emergency signs, shall be permitted but shall be limited to 20 square feet or 1/2 of the size that would have been permitted for an exterior lit sign, whichever is greater.
N. 
Multiple-use sites; residential projects.
(1) 
Multiple-use sites. In the case of a shopping center, office building, or similar structure with multiple commercial or business occupants on a lot held in single or separate ownership, the provisions of the Schedule of Sign Regulations shall apply except as follows:
[Amended 11-3-2008 by Ord. No. 395]
(a) 
Businesses fronting on a street.
[1] 
Each street frontage of a multiple-use site shall be permitted a maximum surface area for the total number of signs of one square foot of surface area for each one foot of road frontage. The maximum surface area shall be applied separately to each street frontage. (e.g., If a multiple-use building has 100 feet of frontage on Broad Street and 50 feet on an intersecting street, the maximum sign area on the Broad Street side of the building is 100 square feet and the maximum on the intersecting street side is 50 square feet.)
[2] 
Each business shall be permitted two signs only on the side of the building where the main entrance to the business is located.
[3] 
No individual sign shall exceed 40 square feet in surface area.
[4] 
In the case where a business with an entrance fronting a street has a secondary public access on an intersecting street, an alley or a parking lot, one business identification sign not exceeding a surface area of two square feet shall be permitted at the secondary entrance.
(b) 
Businesses not fronting on a street. The following standards shall apply to businesses which do not have a public entrance fronting on a street (i.e., the entrance fronts on an alley or a parking lot, or is inside the building).
[Amended 12-7-2009 by Ord. No. 404]
[1] 
The business shall be permitted a maximum surface area for the total number of signs of one square foot of surface area for each one foot of the portion of the building occupied by the business which fronts on the alley or parking lot. In the case where the business does not front on an alley or a parking lot, the business shall be permitted a maximum surface area for the total number of signs of 1/2 square foot of surface area for each one foot of exterior wall surface occupied by the business.
[2] 
The business shall be permitted two signs only on the side of the building where the entrance to the business is located. In the case where the entrance to the business is inside the building, one sign shall be permitted on the main entrance side of the building and one sign shall be permitted on the exterior wall of the building where the business is located in the building.
[3] 
No individual sign shall exceed 40 square feet in surface area.
(c) 
Directory sign. In addition to the signs permitted in Subsection N(1)(a) and (b) above, one sign indicating the name of the multi-use site shopping center, group of stores or office building may be erected in accord with the following standards:
[1] 
The sign may have a listing for each tenant.
[2] 
The sign shall not exceed a surface area of 20 square feet.
[3] 
This sign shall be for business identification purposes and shall have no advertising on it.
(2) 
Residential projects. One sign may be erected to identify a major subdivision, residential land development, mobile home park, or apartment house complex, providing that such a sign is located at the main entrance and has a maximum surface area of 20 square feet.
O. 
Temporary campaign signs.
(1) 
A permit shall be required for all temporary campaign signs. The permit shall be conditioned upon the removal of signs as required by this chapter.
(2) 
A bond as established by resolution from time to time by the Council shall be required to guarantee the removal of temporary signs. The bond shall be refunded if all signs covered by the bond and temporary sign permit are removed when required by this chapter.
(3) 
Temporary campaign signs shall be defined as signs appertaining to campaigns, drives or events of political, civic, philanthropic, educational or religious organizations, provided that they shall be removed within 10 days of the completion of the campaign, drive or event. No such sign shall be posted earlier than three weeks before the occurrence of the event to which it relates.
P. 
Off-site advertising signs.
(1) 
Off-site advertising signs shall be permitted as principal uses in the Commercial District only.
(2) 
As a principal use, each such off site advertising sign must be placed on a lot that meets the minimum requirements for commercial use in Schedule of Development Standards. No other use may be placed on that lot.
(3) 
No sign permitted under this Subsection P shall exceed 40 square feet.
Q. 
Attraction signs. The Milford Borough Zoning Ordinance hereby incorporates PennDOT Traffic Engineering and Operations Manual, Chapter 1, Section 7, by reference thereto. Attraction signs, for which a permit is previously obtained from PennDOT, are hereby permitted subject to the following conditions:
(1) 
No sign shall exceed 48 inches by 16 inches.
(2) 
No attraction signs shall relate to locations outside of the Borough of Milford, except those that are set forth in § 1.7.5 of the PennDOT manual described above and are located in a municipality that borders Milford Borough which permits such PennDOT signs for Milford Borough sites within its borders.
(3) 
The location of all signs, as permitted by PennDOT, shall be subject to the approval of the Street Committee of the Milford Borough Council.
(4) 
Attraction signs will only be permitted on state highways, that is, Broad Street, Harford Street, Mill Street and Seventh Street.
(5) 
All costs associated with such signs, including, but not limited to, construction of the sign, installation, maintenance, state permit fees and Borough permit fees shall be paid by the applicant. The Borough will not be obligated to pay any fees or costs for signs erected under this provision.
R. 
Window signs, permanent. Permanent window signs shall be defined as signs visible through a window into the business establishment which are not exceptions under Subsection C(9) or Subsection S of this section.
(1) 
Window signs governed by this section shall not exceed 25% of the window surface to which it is applied or through which it can be seen.
(2) 
In addition to the permanent signs described herein, one or more temporary signs may be employed in that same window as long as the aggregate of all permanent signs and temporary signs does not exceed 25% of the area of the window.
S. 
Window signs, temporary. Temporary window signs shall be defined as signs constructed of ink on paper, vinyl, removable window paint, or similar temporary material which are placed in a business establishment window for a limited period of time as defined herein for the purpose of advertising a special event or promotion taking place or to take place in the premises.
[Amended 11-3-2008 by Ord. No. 395]
(1) 
Such signs may not exceed 25% of the window surface to which it is applied or through which it can be seen. See Subsection R(2) of this section as to the placement of temporary and permanent signs in the same window.
(2) 
Permits shall be obtained for each temporary sign location. The commercial property owner or tenant may replace the temporary signs from time to time without a new permit as long as all signs meet the temporary sign definition.
(3) 
Such signs may be in place no longer than consecutive 30 days nor more than 90 days in any one calendar year.
T. 
Signs, special promotion. In commercial districts, special promotion signs shall be permitted to announce a grand opening, a special sale or promotion, or other event related to the premises as follows:
(1) 
One special promotion sign shall be permitted per single-establishment premises along each street fronted.
(2) 
One special promotion sign shall be permitted per street fronted for each individual store, office or separate business in a multiple-use site.
(3) 
No special promotion sign shall exceed 48 inches by 16 inches.
(4) 
Special promotion signs shall be made of cloth, plastic or similar material.
(5) 
Special promotion signs shall be one-sided and shall be attached flat on the facade of the principal structure (but not on any window) or on the face of the associated freestanding sign.
(6) 
Permits for such signs shall be required and shall be valid for one year from the date of issuance. Multiple signs may be authorized under one permit provided not more than one sign is displayed at any one time, and each sign conforms to the other provisions of this Subsection T. However, the total combined display time for all signs authorized by the permit shall not exceed four periods per year of not more than 15 days each.
U. 
Signs. Temporary business identification. Temporary business identification signs shall be permitted as follows:
(1) 
Temporary business identification signs shall comply with all requirements applicable to business signs except construction material and HARB guidelines.
(2) 
Only one temporary business identification sign shall be permitted per establishment and the permit for a temporary business identification sign shall be valid for 90 days from the date of issuance.
(3) 
The temporary business identification sign shall be removed prior to the erection of the permanent business identification sign.
V. 
Signs for commercial uses abutting an alley.
(1) 
One projecting or wall sign shall be permitted for any commercial use which abuts an alley. Such sign may be in addition to any other signs permitted for any such use which also abuts a public street.
(2) 
The maximum surface area of the sign shall not exceed three square feet and the maximum length shall not exceed two feet.
W. 
Political signs.
[Added 6-2-2008 by Ord. No. 392]
(1) 
Political signs shall be defined as temporary signs relating to the election of a person to public office, or a political party, or a matter to be voted upon at an election by the general public, or a limited group thereof. The person, organization, party or entity responsible for any such signs shall complete and file with the Borough a disclosure form, as provided by the Borough, which lists the candidates or issues that the signs will support and gives the name, address, telephone number and e-mail address of such responsible person, party or entity. Political signs shall be exempt from the permit requirements of this chapter, provided that no sign shall be displayed more than 60 calendar days prior to an election or for more than 10 days following the election for which it is erected. No political signs may be erected on any parks or other property owned by the Borough of Milford. The owner of any lot within the Borough of Milford shall have the right to control the placement of political signs in the area of any road right-of-way that abuts his or her property. Such signs may not:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a) 
Be placed closer than five feet to the curbline or edge of pavement, as applicable.
(b) 
Be placed in a location where they create a traffic hazard.
(c) 
Exceed 32 square feet in size.
(d) 
Exceed two signs per candidate per property.
(2) 
Violation of any provision of this section shall subject the responsible person, party or entity to the enforcement powers of this chapter, including, but not limited to, the removal cost provisions of Subsection O of this section, §§ 312-64, 312-70 and 312-71.
X. 
A-frame/sandwich board signs and easel signs.
[Added 12-7-2009 by Ord. No. 404; amended 9-9-2013 by Ord. No. 421; 9-14-2015 by Ord. No. 438; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)[1]]
(1) 
Intent. This subsection is intended to authorize the use of A-frame/sandwich board and easel signs in certain districts of the Borough in addition to the other signs permitted by this chapter.
(2) 
Temporary nature of A-frame and easel signs. The A-frame/sandwich board and easel signs permitted by this subsection shall be considered temporary signs specifically authorized by this chapter. The removal or modification of all such signs may be required by the Borough Council upon the adoption of a Borough ordinance modifying or repealing this subsection and requiring the removal or modification of any such signs and/or specifically prohibiting the use of such signs. The adoption of this subsection shall not be considered now or in the future to create a vested right to place such signs. The termination of such a right shall not give rise to a nonconforming use to continue the placement of signs after the termination.
(3) 
Compliance. Except as may be modified by this subsection, A-frame/sandwich board and easel signs permitted by this subsection shall comply with the requirements of this chapter and other Borough ordinances.
(4) 
Definitions. The following definitions shall apply in addition to the applicable definitions related to signs in this chapter.
SIGN, A-FRAME/SANDWICH BOARD
A self-supporting, movable sign consisting of two faces connected at the top.
SIGN, EASEL
A self-supporting, movable sign consisting of one face with supporting legs or a supporting frame, or a sign displayed on an easel.
(5) 
Location and standards. A-frame/sandwich board signs or easel signs shall be permitted for nonresidential establishments in the LC District and C District as delineated on the most current Borough Zoning Map, subject to the following standards:
(a) 
Permit. A permit shall be required, but Architectural Review Board approval shall not be required.
(b) 
Single-establishment premises.
[1] 
One A-frame/sandwich board sign or one easel sign shall be permitted per single-establishment.
[2] 
The sign shall be permitted in addition to the signs permitted by the Schedule of Sign Regulations in this chapter and shall not count as part of the total permitted sign area.
[3] 
An A-frame/sandwich board sign shall be placed adjacent to the public access to the establishment to which it refers.
[4] 
An easel sign shall be permitted only on a covered porch and shall be anchored to the building to protect against it being blown away.
(c) 
Multiple-use site.
[1] 
One A-frame/sandwich board sign or one easel sign shall be permitted for each individual store, office or separate establishment in a multiple-use site.
[2] 
The sign shall be permitted in addition to the signs permitted by the Schedule of Sign Regulations in this chapter and shall not count as part of the total permitted sign area.
[3] 
An A-frame/sandwich board sign shall be placed adjacent to the public access to the establishment to which it refers.
[4] 
An easel sign shall be permitted only on a covered porch and shall be anchored to the building to protect against it being blown away.
(d) 
A-frame/sandwich board sign.
[1] 
The sign shall not exceed 48 inches in height nor be less than 36 inches in height, and shall not exceed 26 inches in width. The business owner will complete a plot plan indicating where the A-frame sandwich board sign will be placed; the Code Enforcement Officer will review the plot plan prior to issuing the permit.
[2] 
The sign shall be a minimum of eight feet from the edge of pavement. If that falls within an existing Borough sidewalk, no part of the sign shall be more than three feet from the adjoining building front and an unobstructed sidewalk area of not less than five feet shall be maintained.
[3] 
No part of the sign shall be located within the grassed or landscaped area between the Borough sidewalk and the street curb (commonly referred to as the "verge").
[4] 
An A-frame/sandwich board sign shall be permitted for establishments which abut an alley, provided the alley is wholly within the LC District or C District as delineated on the most current Borough Zoning Map; however, the sign shall not be placed within the alley. They are not permitted in an alley that abuts a residential district.
[5] 
A-frame sandwich board signs shall not be placed in public parks and shall not be placed on public property. Exception: any business that cannot be accessed from a public street or public alley and which causes the customers to walk across a public park may request a specific approval from the Milford Borough Council to place one A-frame sandwich board on the grass in the public park beside the sidewalk adjacent to the nearest public street or public alley. The Code Enforcement Officer will indicate to the business owner where the sign may be placed.
[6] 
Houses of worship shall obtain a permit without paying a fee to display two A-frame sandwich board signs for up to two weeks prior to any events sponsored by the house of worship. These signs shall be placed on the lawns, owned by the house of worship, which are adjacent to the sidewalks of the streets bordering the house of worship property. No signs are to be placed in the verges.
[7] 
The Milford Fire Department may display sandwich boards signs to publicize its fund-raising and special events. The Milford Fire Department shall obtain one permit (without paying a fee) for all its A-frame sandwich board signs.
(e) 
Easel sign.
[1] 
The exposed face of the sign shall not exceed 24 inches in width and 36 inches in height, and the total height of the sign and easel shall not exceed 60 inches.
[2] 
The sign shall be securely affixed to the easel.
[3] 
The sign shall be permitted only on a covered porch.
[4] 
An easel sign shall be permitted for establishments which abut an alley provided the alley is wholly within the LC District or C District as delineated on the most current Borough Zoning Map; however, the sign shall be placed on a covered porch. They are not permitted in an alley that abuts a residential district.
(f) 
A-frame/sandwich board sign and easel sign.
[1] 
The sign shall comply with the design and material requirements as specified by resolution adopted by the Borough Council.
[2] 
The sign shall be self-supporting, and shall not be used as a projecting sign, wall sign, or window sign.
[3] 
The sign shall not be illuminated.
[4] 
The sign shall be displayed only during the hours when the establishment is open for business and shall include advertising pertaining only to the establishment of location.
[5] 
The sign shall be sufficiently secured or weighted to resist overturning.
[6] 
No balloons, streamers, light strings, or other device or display shall be attached to the sign.
[7] 
No such sign shall be permitted for a home occupation or a no-impact home-based business.
(g) 
Violations and penalties. Any person who violates or permits a violation of this subsection shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this subsection that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this subsection, the Borough may enforce this subsection in equity in the Court of Common Pleas of Pike County. This subsection shall be enforced by the Code Enforcement Officer, but § 312-24X(5)(d)[2], [3] and [5] may also be enforced by the Borough Police Department.[2]
[2]
Editor's Note: Original Section 506, Special events, as amended, which immediately followed this section, was repealed 9-19-2017 by Ord. No. 450. See now Ch. 88, Art. III, Special Events.
[1]
Editor's Note: This subsection derives from Ord. No. 405, adopted 12-7-2009.

§ 312-25 Keeping of animals.

[Added 6-1-2009 by Ord. No. 398]
A. 
Domestic animals.
(1) 
The keeping of domestic animals is an allowed accessory use in all zoning districts.
(2) 
The keeping of more than four dogs and/or cats over six months of age within a commercial unit or residential dwelling unit shall be prohibited (except as permitted as a kennel).
B. 
Farm animals.
(1) 
The keeping and maintaining of farm animals, including livestock and horses, shall be an allowed use on sites qualifying as farms in the residential zoning district.
(2) 
The keeping of horses is allowed in the R District provided:
(a) 
The minimum lot size is 2 1/2 acres.
(b) 
The number of horses does not exceed one per acre unless a higher number is granted by the issuance of a conditional use permit.
(c) 
No manure or waste shall be deposited, stored, kept, or allowed to remain in or upon any site without reasonable safeguards adequate to prevent the escape or movement of such manure, waste, or a solution thereof from the site which may result in pollution of any public waters or any health hazard.
C. 
Wild animals.
(1) 
No person shall harbor, maintain or control any wild or dangerous animal within the Borough. A wild or dangerous animal is one which is not normally considered to be a domestic animal and/or is capable of inflicting severe bodily harm to humans, and shall include, but not limited to, the following species:
(a) 
Class mammalia. Members of the class mammalia are as follows:
[1] 
African buffalo (Syncerus caffer).
[2] 
Hippopotamus (Hippopotamus amphibius).
[3] 
Any member of the Family Canidae, such as wolves, coyotes, dingoes, foxes and jackals, except domesticated dogs.
[4] 
Hyenas, all species except aardwolves (Proteles cristatus), (Family Hyaenidae).
[5] 
Wolverine (Gulo gulo).
[6] 
Honey badger or retel (Mellivora campensis).
[7] 
Old world badger (meles meles).
[8] 
Bears (Family Ursidae).
[9] 
Lions, jaguars, leopards, tigers (Genus Panthera).
[10] 
Clouded leopard (Neofelis nebulosa).
[11] 
Cheetah (Acinonyx jubatus).
[12] 
Cougar or mountain lion (Felis concolor).
[13] 
Elephants (Family Elephantidae).
[14] 
Rhinoceroses (Family Rhinocerotidae).
[15] 
Gibbons, siamangs (Family Hulobatidae).
[16] 
Orangutans, chimpanzees, gorillas (Family Pongidae).
[17] 
Baboons, drills, mandrills (Genus Papio).
[18] 
Macaques (Genus Macaca).
[19] 
Gleada baboon (Theropithecus gelada).
(b) 
Class reptilia.
[1] 
Members of the class reptilia are as follows:
[a] 
Gavials (Family Gavialidae).
[b] 
Crocodiles (Family Crocodylidae).
[c] 
Alligators, caimans (Family Alligatoridae).
[d] 
Cobras, coral snakes (Family Elapidae).
[e] 
Sea snakes (Family Hydrophidae).
[f] 
Adders, vipers (Family Viperidae).
[g] 
Pit vipers (Family Cortalidae).
[h] 
All venomous rear-fanged species (Family Colubridae).
[2] 
The following species of constricting snakes over eight feet in length:
[a] 
Boa constrictor (Boa constrictor), all subspecies.
[b] 
Anaconda (Eunectes murinus).
[c] 
Indian python (Python molurus).
[d] 
Reticulate python (python reticulatus).
[e] 
Rock python (Python sebea).
[f] 
Gila monsters and beaded lizards (Family Helodermatidae).
[g] 
Komodo dragon (Varanus komodoensis).
(c) 
Other animals. Any other animal which by its size, vicious nature or other characteristics is dangerous to human beings.
(2) 
"Wild animal" means all of the animals listed in Subsection C(1)(a) through (c) and also any other animal which is commonly considered wild and not domesticated or that because of its odors, cries or similar characteristics is not compatible with residential living.

§ 312-25.1 Outdoor food consumption.

[Added 10-19-2021 by Ord. No. 479]
A. 
A food establishment is permitted to allow the consumption of food items in an outdoor dining area with the following requirements:
(1) 
The outdoor space must be directly adjacent to the building and must conform to all Borough setback ordinances. Use of Borough property is subject to a § 260-40, Sidewalk encroachment permits.
(2) 
Enhancements must not obstruct or interfere with the use of alleyways, driveways or parking areas and must be arranged to maintain free and unobstructed aisles and access to entrances and exitways. Enhancements shall also be removable in case of an emergency.
(3) 
An establishment must maintain its own trash receptacles and maintain them in good condition, ensuring that no trash is left outside of container overnight.
(4) 
The outside dining area shall be subject to Chapter 198, Noise. All activities, including the playing of music or other forms of entertainment, shall comply with the noise limitations of the Borough Code and any other regulatory agencies having jurisdiction, as applicable.
(5) 
There must be a physical barrier (fence or shrubbery) between the outside seating area and parking lots or adjacent properties.
(6) 
Food preparation or service is not allowed in this area.
B. 
Additionally, a food establishment may offer table-side food service outside of the enclosed building on porches, decks, or patios, either covered or open, which are directly attached to the food service enclosed building. Porches and decks must have a railing enclosing them with allowance for stairways. Such service shall be subject to the requirements of such regulations as the Board of Health shall promulgate and the following:
(1) 
Food preparation, the dispensing of bulk food, buffets and salad bars are prohibited outdoors.
(2) 
Adequate personnel shall be specifically assigned to the outdoor dining area and remove all leftover food items as soon as the customer leaves.
(3) 
Alcoholic beverages may be served outside by an establishment licensed by the Commonwealth of Pennsylvania for outside service, but only to patrons seated at a table.
(4) 
If the outdoor dining area abuts a residential zoning district, a planted buffer area must be installed along the entire property line adjacent to the abutting district.
(5) 
There shall be no consumption of food or alcohol within the public right-of-way or within six feet from the curb, whichever is further from the curb.
(6) 
The outside dining area shall be subject to Chapter 198, Noise. All activities, including the playing of music or other forms of entertainment, shall comply with the noise limitations of the Borough Code and any other regulatory agencies having jurisdiction, as applicable.
(7) 
There must be a physical barrier (fence or shrubbery) between the outside seating area and parking lots or adjacent properties.