A dwelling existing at the time this chapter becomes effective may be converted into no more than three dwelling units provided the following requirements are met:

Accessory uses, buildings, and structures shall include, but not necessarily be limited to the following:

Home occupations may be permitted only by special exception granted by the Zoning Hearing board subject to the following requirements.

Swimming pools permitted as an accessory use shall comply with the following conditions and requirements:

Permit Application and Plans.

It shall be unlawful to construct any fence, wall or similar structure, in an area zoned for residential purposes, between the front building line and the street. However, where the front yard of a residential property abuts a commercial property, either property owner may be permitted to erect a fence, wall or similar structure along the mutual property line up to the public right-of-way boundary to serve as a continuous visual buffer. In no case shall a fence, wall or other similar structure ever intrude into the public right-of-way.

It shall be unlawful to construct any fence, wall or similar structure, in an area zoned for residential purposes, to a height greater than six feet above ground level. In all nonresidential districts, no fence, wall or similar structure shall be constructed to a height greater than eight feet above ground level. However, fences surrounding tennis courts and ball fields may have a height of not more than 12 feet above ground level.

It shall be unlawful to construct any fence, wall or similar structure equipped with or having barbed wire, spikes or any similar device.

Any fence which is made in whole or in part of wood shall have the support posts facing the interior of the property.

For the purposes of this section only, where a property has more than one street frontage, it shall be deemed to have one front yard, two side yards, and one rear yard.

All fences shall be maintained in sturdy and good condition.

Except for licensed non-commercial vehicles rated at 1 ton or less, no commercial vehicle, machinery, trailer, mobile home, or other similar equipment shall be parked for more than seven days or stored outside in any residential district within any front yard area, or within any required side or rear yard areas for more than seven days.

No more than one recreational vehicle, boat, and/or travel trailer owned and licensed to a member of the family of the owner or tenant residing at the premises shall be stored in the rear yard of the principal permitted use or in a garage or roofed structure and unless parked in garage shall be screened from adjacent properties by landscaping approved by Borough Council.

The parking of any licensed vehicle or commercial vehicle rated at one ton or less in a front yard area shall occur only upon a driveway or area specifically designed and constructed for that purpose.

On any corner lot there shall be two front yards, one side yard and one rear yard and the required front yard building setback shall be provided along both streets.

On any corner lot, no wall, fence or other structures shall be erected or maintained and no hedge, tree, shrub or other growth shall be planted, grown or maintained which may cause danger to traffic by obscuring the view or shall in other way be a source of danger.

Where a lot is located at the intersection of two streets, no obstruction of any kind whatsoever of a greater height than 18 inches shall be maintained or permitted within a triangle the legs of which measured from the intersection of the curb lines at the corner shall be 30 feet on streets which are state highways and 25 feet on Borough streets.

Private garages may be erected in either the side yard or rear yard.

Commercial and Industrial Districts Adjoining Residential Districts. Where any commercial or industrial district adjoins any residential district, an area at least 20 feet wide, in commercial or industrial district along the property line or district boundary separating the two districts, shall be suitably planted with trees, shrubs, etc., and maintained at all times.

Parking Lots and Areas. All parking lots and areas, whether commercial or private, shall be designed and located so as to reduce their obtrusiveness. At a minimum, suitable landscape plantings and/or other acceptable visual screens or barriers, shall be provided in combination with all such lots and areas for the purpose of easing the visual impact of such facilities.

Lot Area and Yard Requirements. The lot or yard requirements for any permitted building or use shall not include any part of a lot that is required by any other permitted building or use to comply with the requirements of this chapter. No required lot area of yard shall include any property, the ownership of which has been transferred subsequent to the effective date of this chapter, if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.

Exceptions to the Minimum Lot Areas and Lot Widths. The provisions of this chapter shall not prevent the construction of a building, provided the yard requirements are observed on any lot which was lawful when created and which, prior to the effective date of this chapter, was in separate ownership duly recorded by plan or deed, subject to the provisions of Subsections 3 and 5 below.

Front Yard Regulations. Where a minimum depth of front yard is specified in a district an open space of at least the specified depth shall be provided between the street line or lines and the nearest point of any building or structure except as may be hereinafter permitted.

Exceptions to Required Front Yard for Certain Accessory Uses. The front yard requirements for any district for accessory signs and off-street parking facilities may be waived at the direction of the Zoning Hearing Board.

Side and Rear Yard Requirements. Where a minimum width of side yard is specified, no building or other structure shall be erected within such width from either side lot line, except as provided in Subsection 6.

Projections into Required Yards. No building or part hereof shall be erected within, or shall project into, any required minimum yard set back in any district except for unenclosed porches, terraces, patios, platforms, or other uncovered spaces, buttresses, chimneys, cornices, piers, or pilasters, unenclosed fire escapes, steps, bay windows and balconies and accessory use structures as provided for in § 27-1504. However, no such projection shall extend any closer than 15 feet from a property line.

It is the intent of these regulations to prevent land or buildings, including those permitted by right, by conditional use or by special exception, from being used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable condition such as fire, explosion or other hazards, noise or vibration, glare or heat, conditions conducive to the breeding of rodents or insects or other substance, condition or element in a manner or amount as to adversely affect the surrounding area. All uses shall operate in conformance with the environmental controls set forth herein and relevant statutes, codes, rules and other regulations of the United States government, the Commonwealth of Pennsylvania, Delaware County, governmental, quasi-governmental, and governmentally regulated bodies, companies and authority entities and other ordinances of the Borough of Morton. The most stringent regulation applicable shall be used.

All plans for proposed development in the Borough shall illustrate, depict, note or otherwise demonstrate compliance with this section in accordance with the requirements of the subdivision regulations.[1]

Noise Control.

Glare and Heat Control. Direct or sky-reflected glare, whether from spotlights, floodlights or from high temperature processes such as combustion or welding or from other source so as to be visible at the lot line of the receiving land use shall be prohibited. There shall be no emission or transmission of heat or heated air so as to be discernible at the lot line of the receiving land use.

Vibration Control. Operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source, or on private property, or at 50 feet from the source, of on a public space or public right-of-way, shall be prohibited. For the purposes of this section, "vibration perception threshold" means the minimum ground-or-structure borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.

Storage Control.

Glare and Heat Control. Direct or sky-reflected glare, whether from spotlights, floodlights or from high temperature processes such as combustion or welding or from other source, so as to be visible at the lot line of the receiving land use shall be prohibited. There shall be no emission or transmission of heat or heated air so as to be discernible at the lot line of the receiving land use.

Fire and Explosion Control. All activities and all storage of flammable and explosive materials at any point within a lot shall be provided with adequate safety and firefighting devices in accordance with the International Fire Prevention Code in effect at the time such activity or storage is occurring.

In order to encourage the sound development of highway frontage and to minimize traffic congestion and hazard, the following special provisions shall apply:

Buffer areas as defined in Part 2 and required in various districts shall be adjacent to a property boundary.

Buffer areas shall be landscaped and maintained in accordance with plans as approved by Borough Council.

All plantings shall be installed and maintained for the full width required in a particular district, except that certain structures may be placed within the buffer area, including:

No structures other than those set forth in Subsection 3 shall be placed within a butler area, and no parking of any kind shall be permitted within the required buffer area.

Exemptions. The use regulations of this chapter shall apply to any existing or proposed building or extension thereof used or to be used by a public utility corporation, unless, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after public hearings, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.

Lot Area and Coverage. The minimum lot area and maximum coverage regulations of this chapter shall apply to public utility facilities, unless the Pennsylvania Public Utility Commission decides that the proposed building in question is reasonably necessary as stated above; provided, however, that all yard and maximum height regulations shall apply, except for necessary towers, poles and lighting rods and arresters.

Continuation. All structures, uses of structures and uses of land that do not conform to the regulations of the district in which they are located after the effective date of this chapter shall be regarded as nonconforming, and the following regulations shall apply to them.

Alteration or Extension.

Restoration. A nonconforming building or any building containing a nonconforming use wholly or partially destroyed by fire, explosion, flood or other phenomenon or legally condemned may be reconstructed and used for the same nonconforming use, provided that reconstruction of the building shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption or else the nonconforming building or use shall be deemed to be abandoned.

Ownership. Whenever a lot is sold to a new owner, the new owner may continue a previously lawful nonconforming use.

Abandonment. If a nonconforming use of a building or land is abandoned for 12 consecutive months, whereby the owner discontinues the use with the intention neither of transferring rights of the property to another owner nor of resuming the use of the property, the subsequent use of such building or land shall conform to the regulations of the district in which it is located, unless another nonconforming use is approved by the Zoning Hearing Board in accordance with Subsection 2C(2) and that such approved use is initiated within 30 days after the end of the twelve-month period.

Changes. Once changed to a conforming use, no structure of land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another equally restrictive or more restrictive nonconforming use only if permitted as a special exception by the Zoning Hearing Board and subject to the following conditions:

District Changes. Whenever the boundaries of a district are changed so as to transfer an area from one district to another district, the foregoing provisions shall also apply to any nonconforming uses or structures existing in the district to which the area was transferred.

A temporary permit may be issued by the Building Inspector for structures or uses necessary during construction or other special circumstances of a non-recurring nature subject to the following additional provisions:

Residential day care centers shall in addition to all standard and criteria in this chapter be subject to the following: