Maximum height: one and one-half stories or 15 feet in height.

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 § 250-17E shall be maintained and except that a common or joint garage which is not part of a principal building may be erected on or along the common boundary line of the adjoining lots. However, each garage must have at least one side yard.

Distance from rear lot line: not less than eight feet from the rear lot line.

Distance from principal structure: not less than 10 feet from a principal structure, except for small (120 square feet or less "footprint") accessory, shed structures which shall be no less than two feet from a principal or other accessory building.

Where permitted. The home occupation shall be carried on wholly indoors and within a dwelling or other structure accessory thereto. Home occupations are not permitted in the CO nor R-1 Residential Districts.

Evidence of use. There shall be no use of show windows or display or advertising visible outside the premises to attract customers or clients other than home occupation announcement sign as permitted in Subsection J et seq. No external alterations, additions or changes to the structure shall be permitted in order to accommodate or facilitate a home occupation.

Outdoor storage. There shall be no exterior storage of materials.

Retail or wholesale sales. No articles shall be sold on the premises.

Deliveries. Frequent and repetitive servicing by commercial vehicles for supplies and materials shall not be permitted. All deliveries shall be made by vehicles which have no more than three axles. More than one delivery per week will be considered frequent and repetitive.

Participants. The home occupation shall be operated only by members of the immediate family residing in the dwelling except for an accessory office home occupation. Home occupation accessory office may include realtor, insurance salesman, physician, lawyer, clergyman, teacher, or other professional of like character, provided that not more than two employees, assistants or associates in addition to the resident practitioner shall be employed on the premises.

Extent of use. The floor area devoted to a home occupation shall not be more than 25% of the ground floor area of the principal residential structure, excluding garage.

Includes, but is not limited to, the following: home offices, art studio teaching not more than four pupils simultaneously or, in the case of musical instruction, not more than a single pupil at a time; seamstress, handicrafts, or other like activity; barber shop and beauty parlor limited to serving one patron at a time; and greenhouse.

Permitted use home occupations shall be subject to the following additional specific regulations:

Any noise generated by the home occupation shall not exceed 65 decibels at the home occupation property line. This standard should be applied with windows open if the home does not have an air conditioning system. See § 250-21, Performance requirements, for sound measurement standards.

Except for a permitted home office, any resident wishing to operate a home occupation which requires the employment of more than one nonresident person may apply for a permit which shall be subject to all of the special exception use procedures of this chapter. In such cases, the Planning Commission shall review said application to determine the following before making a recommendation to the Zoning Hearing Board:

Funeral parlors, antique shops, tourist homes, and restaurants shall be approved on a case-by-case basis as a special accessory use by the Zoning Hearing Board. The procedures for application, review and approval of special uses shall apply to these uses.

A complete description of the nature and operation of the home occupation.

The type of use, product or service produced or rendered.

The names of the residents who will operate the home occupation.

The number of additional employees or other nonresident personnel, if any, to be utilized by the home occupation.

The portion of the residential or accessory structure to be devoted for the use of the home occupation.

Any building or structural modifications, signs or other physical changes required to the interior or the exterior of the structure.

The expected maximum number of customers, visitors or clientele expected to be served by the home occupation during any one hour and the number of hours and schedule of operations when home occupations shall be open to the public.

A description or plan indicating how compliance will be achieved with off-street parking requirements.

A certification by the applicant that the home occupation shall not detract from the residential character of the neighborhood and that all of the facts submitted with the application are true and correct and that any incorrect information submitted shall be cause for the Borough to require cessation of the home occupation.

A certification and agreement by the applicant that the home occupation will be discontinued if changes occur in the character of the operation so that it no longer complies with the requirements of this chapter.

No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas, and no part of the required front yard shall be occupied by outside storage or display.

Outside storage and display areas shall occupy an area of less than half the existing building coverage.

Outside storage and display areas shall be shielded from view from the public streets and adjacent lots.

Neither the principal use nor the outside storage and display use shall encroach upon the minimum required yards and buffer yards of the district.

In particular, uses appropriate for consideration under this provision include, but are not limited to, public or private educational institutions, churches, office buildings, motor vehicle sales, and extraction of stone, sand or gravel.

Among the uses that shall not be considered appropriate for inclusion under this provision are retail stores, repair shops, gasoline service stations, automobile repair garage, sale of automobile accessories, wholesale business and storage, contractor offices and shops, large retail stores and crafts.

Maximum height. Except for the I-1, I-2 and C-2 Districts, fences, partitions or walls shall not exceed six feet in height above the natural grade, except that front yard fences shall not exceed four feet in height, nor shall front yard fences obstruct vision of oncoming traffic as defined by § 250-17E of this chapter.

Setback requirements.

Common fences. Common fences may be erected on the property line with the written consent of both owners.

All pools shall be surrounded and enclosed by a four foot high fence structurally suitable to deter direct access to the body of water in the pool. Such a fence shall not have openings, holes or gaps therein larger than four inches in width or, if larger than four inches in width, no larger than four inches in length except on doors or gates; provided, however, that if a picket fence is erected or maintained, the horizontal dimension of the opening between pickets shall not exceed four inches, provided, further, that a dwelling house or accessory building may be used as part of such a fence.

All gates or doors opening through such enclosure 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 not in actual use; provided, however, that the door of any dwelling occupied by human beings and forming any part of the enclosure herein above required need not be so equipped.

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 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 and provided further that 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 operation by the residents of the property or their guests.

Permits shall be required for new, enlarged or altered pools 10 feet or greater in diameter and capable of holding three or more feet of water.

A Northampton Borough electrical permit shall also be required. Plans shall be required as part of the permit application process. Plans shall accurately show dimensions and construction of pool and appurtenances and properly established distances to lot lines, buildings, walks and fences; details of water supply system, drainage and water disposal systems, and all appurtenances pertaining to the swimming pool.

This section recognizes that signs perform an important function by identifying residences and businesses and that minimum control of signs is necessary to promote the health, safety and general welfare by lessening hazards to pedestrian and vehicular traffic, by preserving property values, by preventing unsightly and detrimental development which has a blighting influence upon residential, business and industrial uses, by preventing signs from reaching such excessive size that they obscure one another to the detriment of all concerned, and by securing certain fundamentals of design for the Borough.

The term "sign" shall mean and include any permanent or temporary structures or part thereof, or any device attached, painted or represented directly or indirectly on a structure or other surface that shall display or include any letter, word, insignia, flag or representation used, as, or which is the nature of, an advertisement, announcement, visual communication, direction or is designed to attract the eye, or bring the subject to the attention of the public. Flags of any governmental unit or branch or of any charitable or religious organization, interior signs not visible from a public right-of-way or adjoining property, and cornerstones built into or attached to a wall of a building (erection or commemorating a person or event, official notices of any court or public office, legal notices posted pursuant to law and public service company signs as aids to safety or service) are excluded.

In all permitted districts, signs may be erected, altered, maintained, used, removed or moved only in compliance with the provisions of this Section and other regulations of the Borough relating to the erection, alteration, maintenance, use, removal or moving of signs and similar devices.

All signs shall require the issuance of a sign permit before erection or replacement unless Borough Council, by resolution, specifically exempts certain signs in locations from this requirement. All signs must comply with all of the regulations contained herein, regardless of whether a permit is required. No permit shall be required for a mere change of copy on a sign, the customary use of which involves frequent and periodic changes of copy.

Signs in the districts existing at the time of passage of this chapter and which do not conform to the requirements of the shapter shall be considered nonconforming signs, and once removed, shall be replaced only with conforming signs; however, nonconforming signs may be repainted or repaired (including lighting), provided such repainted or repaired sign does not exceed the dimensions of the existing sign. Copy may also be changed. Nonconforming signs in the business and industrial districts may be continued and may be replaced provided the signs do not violate additional regulations of this chapter. New business signs in residential districts shall be governed by the sign provisions of that district.

No sign shall be permitted in any ward except as hereafter provided and shall be erected and maintained only when in compliance with the provisions in § 250-18K hereafter.

Shall be limited to one per establishment and shall be painted on or attached to the building pertaining to the use carried on within the building.

Shall not project more than 15 inches from the face of the wall.

Sign display area for wall-mounted signs shall be determined by the following formula: two square feet of sign display area per lineal foot of building frontage. Maximum sign display area is 150 square feet for wall-mounted signs.

For buildings with frontage on two streets, either frontage may be used to compute maximum permitted size for signs and the sign shall be displayed on the side of whichever frontage was used in the computation. Wall signs may be permitted on both sides if a freestanding sign is used.

Business signs are permitted in business and industrial districts in accordance with the following regulations: Whenever such signs are to be erected in and over an open lot where the business is not conducted in a building, such as a used car lot, then the total sign area on any side of that lot shall not exceed an area equal to three feet times the length of that portion of said lot that would be occupied by a building if it were erected in accordance with the zoning code applicable to the area in which the lot is located; provided further, that the minimum height to the bottom of such open air signs shall be 10 feet above the basic grade and no more than 25 feet above grade. If not projecting more than three inches from a wall of the building, the sign need not conform to the height limit. Where more than one business or industry is located in a single building, then the total area of all signs displayed shall not exceed 50 square feet or 10% of the area of the largest exterior wall surface of the side of the building on which the sign or signs are to be placed, whichever is the greater.

Signs prohibiting or otherwise controlling trespassing upon particular premises or indicating the private nature of a road, driveway or premises, may be erected and maintained, provided that the area of any such sign shall not exceed two square feet.

Shall be limited to one per business establishment. A freestanding sign may be erected to serve a group of business establishments in a building. There shall be only one freestanding sign for each building, regardless of the number of businesses conducted in said building.

Sign display area shall be limited to one square foot for each lineal foot of lot frontage with a maximum of 150 feet of sign display area for freestanding signs, maximum area, both faces: 300 square feet.

Shall be set back at least five feet from the street line, except for business parking signs as provided in and signs for service stations shall not be located within any street right-of-way.

Any person wishing to erect a temporary sign, used for announcing special commercial, public or institutional events, shall secure a permit from the Bureau of Planning, Zoning and Development. That fee for said permit shall be $10 and shall be valid for a period of 30 days. Permits may be renewed once within the same calendar year and 90 days shall elapse from original issuance date to date of renewal.

In addition to the permit fee, the applicant shall pay a $50 deposit, which shall be refundable only in the event that the temporary sign is removed at the end of the aforesaid thirty-day period. Temporary sign shall not exceed 32 square feet in area.

Election campaign signs and signs advertising special events for charitable organizations shall be exempt from the above permit and deposit requirements; said signs, however, shall be removed immediately after the election or charitable event.

Identification signs and real estate signs may be erected no less than 10 feet from the established right-of-way line of any street or highway, provided such sign or bulletin board does not obstruct traffic visibility at street or highway intersections.

Land sales signs shall be erected only upon the property for sale or being developed and shall be set back from the street right-of-way at least one foot for each square foot of sign area.

Not more than one land sales sign shall be placed along a single road frontage on any property in single and separate ownership, provided that not more than two such signs may be permitted in any single development.

Commercial or industrial signs in a C-2 zone may be erected not less than 25 feet from the established property line, provided such sign does not obstruct traffic visibility. For the purpose of this chapter, the property line shall be defined as the legal right-of-way line.

Set back at a minimum distance of 35 feet from the right-of-way line of any street, road, or highway or other public way;

A minimum of 300 feet from residential districts;

A minimum of 100 feet from any building or structure, except that there shall be a minimum of 600 feet between billboard structures. If a building is constructed after a billboard has been erected which then violates this distance requirement, the billboard shall not be considered nonconforming, and such billboard shall be permitted to remain as a legal permitted use. Special exceptions may be authorized by the Zoning Hearing Board to a minimum of 300 feet between billboard structures in undeveloped areas.

Billboards shall not be erected parallel to or at an angle of less than 45° to any right-of-way, nor shall they be permitted on buildings or in utility easements.

Required off-street parking spaces shall be on the same lot or premises with the principal use served, or, where this requirement cannot be met, within 300 feet of the principal use served within the same district.

No adult-oriented facility, bed-and-breakfast establishment, child day-care center, adult day-care, club, contract construction services, dance hall, discotheque, domiciliary care home, dwelling, education services, elderly housing, family care facility, group care facility, industrial uses of any nature, including but not limited to automotive repair/service, beverage/bottling plants, dairy/ice cream manufacturing, extraction of gravel/sand/stone, farm uses, manufacturing of apparel/jewelry/novelties/toys, manufacturing of paper/pulp products, material reusing/recycling facility, paper recycling, public assembly, sanitary landfill, warehouses, inns, kennels, lodges, mobile home, hotel, motel, inn, nonconforming use, nursery, private academic institution, customary farm occupations, residence, residential group, quarters, dwelling, apartment, rowhouse, townhouse, rooming and/or boarding house, cultural sports assembly, school, swimming pool, travel trailer, townhouse, or any nonconforming use or shall be allowed to utilize the municipal lot for purposes of meeting the off-street parking regulations.

The required number of spaces for the residential structure as shown in Schedule III.[3]

The required number of spaces for the most applicable use listed in Schedule IV[4] to which the home occupation is most similar, or if greater, one off-street parking space for each nonresident employee and one additional for each roomer, student, patron, patient, customer or other visitor which the home occupation serves during any one-hour period of maximum use.

The total number of off-street parking spaces for a home occupation may be reduced by the number of legal curb parking spaces which exist directly abutting the home occupation.

The width of entrance and exit drives shall be:

Any use with less than 100 feet of lot frontage on a public street shall have no more than one accessway to each such street. Any business or other use with 100 feet or more of frontage on a public street shall have no more than two accessways to any one street for each three 300 feet of frontage. Where more than one accessway is permitted, their center line shall be placed at least 80 feet apart. On all corner properties, they shall be spaced a minimum of 60 feet, measured at the curbline, between the center line of any entrance or exit drive and the street line or the street parallel to said access drive.

All quarry, sanitary landfill or other non-coal mining operations are under this chapter as required by Subsection A and are subject to state law, or to regulations of the PaDEP shall require necessary permit(s) from the appropriate state agency. Particular reference is made to the Commonwealth of Pennsylvania "Non-Coal Surface Mining Conservation and Reclamation Act No. 1984-219," as it may be amended,[2] and to other requirements relating to the operation of sanitary landfill areas and to preservation of water quality in the commonwealth as administered by the Pennsylvania Department of Environmental Protection.

Such operations may take place in the Borough only in those areas where permitted by this chapter.

All applicants for such operations shall submit a copy of any request for a state permit to the Zoning Officer, together with any plans required by the state for the reclamation of such areas. The Zoning Officer shall also require a zoning permit application form to be submitted to the Borough plus any other information required to properly evaluate the application. Approval of any zoning permit for an operation permitted in the Borough shall be conditioned upon the receipt by the operator of any permit required from the state.

The Borough may present information to or request a public hearing to be held on such applications for a permit which are submitted to the state.

Any other excavations, regrading of the natural terrain where ground levels are affected by more than one foot, the removal of topsoil or other earth products, the placement of fill, or the alteration of drainage patterns may be permitted by the Zoning Hearing Board only as a temporary use as required in Subsection A above. Such excavations must be adequately drained to prevent the formation of pools of water. The Zoning Hearing Board may require that such an excavation be enclosed by a fence if it is deemed to be a menace to the public health, safety and welfare.

Unless specifically permitted by the Zoning Hearing Board, open excavations shall not be maintained, except those excavations made for the erection of a building or structure for which a permit has been issued.

The dumping of earth, gravel, rock or other materials not subject to decay, noxious or offensive odors may be permitted in any zone or any vacant land, provided that the existing grade shall not be raised above the grade of the nearest road, that hazardous or nuisance conditions are not created, and that an unsightly appearance or unstable slopes are not created. Industrial or other operations requiring the dumping of such materials above the grade of the nearest road may be permitted by the Zoning Hearing Board as a special exception use if the Zoning Hearing Board determines that such dumping is not a menace to the public health, safety or welfare or a nuisance to nearby residential areas.

Operations affecting drainage patterns shall be studied by the Borough Engineer and appropriate recommendations or conditions developed for consideration by the Zoning Hearing Board. Necessary reviews from other affected agencies such as the Lehigh County Conservation District shall also be secured prior to the issuance of any permit.

The sound pressure level of any use (other than the operation of emergency or time signals, outdoor athletic facilities and the operation of motor vehicles or other transportation facilities, operations involved in the construction or demolition of structures) shall not exceed the decibel levels in the designated octave bands as stated below. The sound pressure level shall be measured with a sound level meter and an octave band analyzer that conform to specifications published by the American Standards Association (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z 24, 31944, American Standards Association, Inc., New York, New York, and the American Standard Specification for Octave Bank Filter Set for the Analysis of Noise and Other Sounds, Z 24, 101053, American Standards Association, Inc., New York, New York, shall be used).

All sound pressure level measurements shall be taken at the property line of the property where the sound is being generated, except for properties generating noise in an Industrial Zoning District, where the sound shall be measured at the Industrial Zoning District line.

The maximum permissible sound pressure levels for smooth and continuous noise shall be as follows (all of the decibel levels stated below shall apply in each case):

If the noise is not smooth and continuous or is radiated during sleeping hours, one or more of the corrections shall be added to or subtracted from each of the decibel levels given below.

Noise is of periodic character (hum, scream, etc.) or is of impulsive character (hammering, etc.). (In the case of impulsive noise, the correction shall apply only to the average pressure during an impulse, and impulse peaks shall not exceed the basic standards given above.)

No materials or waste shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.

All materials or wastes which might cause fumes or dust which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards.

The name, address and telephone number of the applicant.

The nature and extent of his interest in the business for which the license is desired.

Whether or not applicant is the owner of the real property for which the license is desired and if not, the name, address and telephone number of the owner thereof.

If the applicant is not the owner of the real property for which the license is desired, the application shall be accompanied by a duly verified statement of the owner of the real property that the applicant is authorized by him to construct and maintain the mobile home park and to make application for a license therefor.

A description of the premises on which the mobile home park is or will be located as will readily identify and definitely locate same.

The number of units to be contained in said mobile home park.

The date of arrival of each mobile home or trailer unit in the park.

Name and permanent address of owner of mobile home or trailer unit.

Make of mobile home or trailer, state in which registered and registration number.

Year of issuance of registration.

Such other information as may reasonably be required.

The extent and area used for mobile home park purposes with a location insert in smaller scale showing the park location on the entire property.

Roadways, driveways and sidewalks.

Location of mobile home lots with dimensions and boundary lines.

Location of parking facilities for cars and two vehicles.

Method and plan of sewage disposal system showing sizes of pipe and connection locations.

Location and number of auxiliary sanitary facilities including toilets, washrooms, laundries and utility rooms.

Method and plan of solid waste collection and disposal system.

Plan of water supply showing location of all home and auxiliary connections and all fire hydrants.

Plan of electric power and lighting system, with location of power plug for each lot as well as location and wattage of streetlighting facilities.

The above prints will bear the approval of the Pennsylvania Department of Environmental Protection and the Zoning Officer.