Old Forge City Zoning Code
ARTICLE VIII
Supplementary Regulations
§ 350-36 Use regulations.
A.
Excavation and removal of topsoil. Excavation or removal of topsoil for the purpose of grading a site or preparing for the construction of a building shall be allowed. Excavation of earth for sale shall be considered a mining activity and will only be permitted in the proper zone after issuance of the proper permits by the commonwealth. Excavation and removal activities shall comply with the following:
(1)
Drainage. Any excavations for the removal of topsoil or other earth products must be adequately drained to prevent the formation of pools of water and shall not create drainage problems for adjacent properties or public streets.
(2)
Storage piles. Unless specifically permitted, 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.
(3)
Dust. Dust problems shall be minimized during the excavation, storage, removal and hauling of excavated materials.
C.
Home gardening nurseries and greenhouses. Home gardening and accessory structures used for nurseries or noncommercial greenhouses are permitted in residential areas, provided that they shall not be located in any front yard and shall not include the outdoor storage of equipment and supplies. Structures shall meet the requirements for accessory structures in their respective districts.
D.
Nonconforming structures and uses.
(1)
Continuation of use.
(a)
Any lawful use of any dwelling, building, structure or lot existing at the effective date of this chapter may be continued even though such use does not conform to the provisions of this chapter, except as otherwise provided.
(b)
A certificate of nonconformance shall be issued by the Zoning Officer upon request of the property owner for all structures, lots and uses which do not conform to the provisions of this chapter and shall provide the reasons why they are identified as nonconformities. The Zoning Officer shall maintain a map and register showing the registration, identity and location of nonconforming structures, lots and uses periodically to determine that they do not expand beyond the limitations prescribed in this chapter.
(2)
Change of use. The Zoning Hearing Board may grant a special exception for a change from one nonconforming use to another nonconforming use if it finds that all of the following standards are met:
(a)
No structural alterations are made;
(b)
The proposed change will be less objectionable in external effects than the previous nonconforming use and will be more consistent physically with its surroundings;
(c)
No increases in traffic generation or congestion, including both vehicular and pedestrian traffic, will result from the change;
(d)
No increase in noise, smoke, dust, fumes, vapor, gases, heat, odor, glare, vibration or electrical disturbances will result from the change; and
(e)
No increased threat to health by reason of rodent infestation or otherwise will result from the change.
(3)
Extension of use. The Zoning Hearing Board may grant a special exception for an extension of a nonconforming use if it finds that all of the following standards are met:
(a)
The yard and coverage requirements for the district in which it is located are not violated;
(b)
All off-street parking and loading requirements applicable to the use are retained;
(c)
No more than one enlargement of a nonconforming use or structure is made; and
(d)
The extension is not more than 33% of the floor or land area as it existed at the time the structure or use first became nonconforming.
(4)
Abandonment of use. If a nonconforming structure or use is abandoned for a continuous period of at least one year, it shall not again be used except in conformity with the regulations of the district in which it is located.
(5)
Structures condemned. A nonconforming structure which has been legally condemned shall not be rebuilt or used except in accordance with the provisions of this chapter.
(6)
Restoration of structure or use.
(a)
A nonconforming building or other structure which has been damaged or destroyed by fire, explosion, windstorm, flood or other similar active cause to the extent of more than 60% of its reproduction value at the time of the damage shall not be restored except in conformity with the regulations of the district in which it is located. A damaged residential nonconforming building or structure can be restored to residential use, regardless of the extent of any damage.
(b)
When damage is less than 60% of its reproduction value, a nonconforming building or other structure may be repaired or reconstructed and used as before the time of the damage, provided that such repairs or reconstruction are completed within one year of the date of such damage. Reconstruction of damaged residential nonconforming structures must be completed within 18 months.
(c)
For residential structures nonconforming only as to yard spaces, in districts where residences are permitted and where most of the residential structures nearby are similarly nonconforming, the structures may be rebuilt similar to the yard spaces of the adjoining lots or of the majority of the lots in the particular area.
(d)
The determination of the extent of damage in terms of percent replacement value due to damage or destruction shall be made by averaging three estimates made by two certified appraisers appointed by the Borough and one insurance adjuster. The cost of such appraisals shall be borne by the property owner of the affected property.
(7)
Nonconforming use of open land. All nonconforming signs, billboards, junk storage areas, storage areas and similar nonconforming use of open land, when discontinued for a period or 90 days or damaged to an extent of 60% or more of replacement costs, shall not be continued, repaired or reconstructed.
E.
Off-street parking and loading.
(1)
Size of off-street parking space. Each off-street parking space shall have an area of not less than 180 square feet and have dimensions of 10 feet in width and 18 feet in depth, exclusive of access drives or aisles. All such spaces shall be kept in usable shape and condition. Except in the case of dwellings, no parking area shall contain fewer than three spaces. Open parking areas shall be calculated as yard area except as otherwise provided.
(2)
Garages and carports. A garage or carport may be located wholly or partly inside the walls of the principal building, attached to the outer walls of the principal building or completely separated from the principal building. If connected to the principal buildings, it shall be considered part of the principal building in calculating yard requirements. If separated from the principal building, it shall be considered an accessory building. A garage may be constructed under a yard or court, in which case the space above the underground garage shall be deemed to be part of the open space of the lot on which it is located.
(3)
Location of parking spaces.
(a)
Required parking spaces shall be located either on the same lot as the use to which they are accessory or on another lot zoned the same, under the same ownership and within 400 feet of the boundary of the property of the principal use.
(b)
If the spaces are on another lot, such spaces shall be subject to deed restrictions filed with the County Recorder of Deeds binding the owner of such lot and his heirs or assigns to maintain the required number of spaces throughout the life of such use.
(4)
Size of off-street loading space. Each off-street loading space shall be a minimum of 80 feet in length and 12 feet in width and have an overhead clearance of at least 14 feet.
(5)
Access to off-street parking and loading areas. There shall be adequate ingress and egress to all parking and loading areas. There shall be provided a driveway leading to the parking or storage areas or loading spaces. Such driveway shall be not less than 10 feet in width in the case of a dwelling, and not less than 20 feet in width in all other cases. Access to off-street parking areas shall be limited to several well-defined, separate or common access points, which shall comply with the following:
(a)
Driveways shall not open upon any public right-of-way within 40 feet of the nearest right-of-way line of any intersecting public street or highway.
(b)
Driveways shall not open upon any public right-of-way where the sight distance in either direction along the public thoroughfare would be less than 500 feet when the posted speed limit is 35 miles per hour or more; however, when the posted speed limit is less than 35 miles per hour, the sight distance requirement may be reduced to 250 feet.
(c)
Driveways opening onto state highways shall require a highway occupancy permit from the Pennsylvania Department of Transportation.
(d)
In no case shall there be unrestricted access along the length of a street.
(e)
Driveways shall be so designed that there is ample space for safe ingress and egress to and from both the designated parking spaces and the public right-of-way. In every case in which parking is allowed within the front yard of a lot and four or more parking spaces are needed in that configuration, there shall be two driveways for ingress to and egress from said parking spaces to the adjacent right-of-way, plus sufficient driveway space to enter and exit all parking stalls safely. Sufficient driveway space shall be no less than a total of 360 square feet per required parking stall for the overall parking area.
(6)
Parking lot screening and landscaping. The purposes for providing such landscaping are to protect the public safety, to allow precipitation to return to the underground aquifers, to provide for natural drainage and flood protection, to reduce the level of carbon dioxide and to return oxygen to the air, to provide shade and reduce the blighting effects of parking lots, to preserve property values of adjacent properties and to improve the appearance of the community.
(a)
Off-street parking areas for more than five vehicles and all off-street loading areas shall be effectively screened by a planting strip at least five feet in depth along all abutting property lines. The planting strip shall include a solid wall or substantial, attractive, tight fence and evergreen hedges a minimum of six feet in height, and/or other shrubbery, vines, flowers grass and other foliage. The evergreens shall be of such height at the time of planting that they will attain a height of six feet within three years.
(b)
A planting strip at least 10 feet in depth shall be located between the parking lot and abutting right-of-way, except for accessways crossing the strip. Such a strip shall contain one shade tree for each 40 linear feet of the strip, and no tree shall be less than eight feet in height at the time of planting. The planting strip shall also contain shrubbery, vines, flowers, grass and other foliage. All plants and trees in the planting strip shall be so spaced as not to interfere with the sight distance requirements of this or any other section.
(c)
The interior area of a parking lot, in addition to all border planting strips, shall contain planting areas dispersed throughout with not less than 5% of such interior area in landscaping. Such planting areas shall contain shade trees, with no tree less than eight feet in height at the time of planting shrubbery, vines, flowers, grass and other foliage. No interior area of a parking lot shall be constructed without at least one shade tree for each eight parking stalls or fraction thereof.
(d)
All screening and landscaping areas shall be maintained in good condition, free of paper and rubbish and free from all advertising signs. All trees, shrubbery and other landscaping materials shall be maintained in a healthy and growing condition, with dead materials replaced expeditiously as necessary.
(e)
Any parking lot or loading area which qualifies as a nonconforming lot or use upon enactment of this chapter shall comply with the requirements for screening and landscaping upon any enlargement, extension, reconstruction or structural alteration.
(7)
Parking lot surfacing. Surfacing shall consist of any asphaltic, cement or other binder pavement graded and drained to dispose of all surface water and designed to provide for orderly and safe loading and parking. Improved gravel surfaces may be used for parking and loading areas, except for commercial and industrial establishments.
(8)
Parking lot lighting. Any lighting used to illuminate off-street parking and loading areas shall be arranged so as to reflect the light away from adjoining premises and public rights-of-way and to prohibit fugitive emissions into the night sky.
(9)
Parking spaces required. Any structure or building hereafter erected, converted or enlarged for any of the following uses, or any open area hereafter used for commercial or industrial purposes, shall be provided with not less than the minimum spaces, as set forth below, which spaces shall be readily accessible to the uses served thereby. Fractional numbers of parking spaces shall be increased to the next whole number.
(a)
Parking for residential uses.
[1]
Single-family houses and mobile homes shall be provided with two parking spaces per dwelling unit. An attached or unattached garage or carport on the premises, or that portion of the driveway not included in the public right-of-way, may be considered as parking space.
[2]
Two-family houses (duplexes and flats) shall be provided with a minimum of two parking spaces per dwelling unit.
[3]
Townhouses and multifamily low-rise apartments shall be provided with a minimum of two parking spaces per dwelling unit, plus one additional space for each three units.
[4]
Residential conversion units shall be provided with a minimum of two spaces per dwelling unit. The required parking spaces shall not be located between the street right-of-way line and the front setback line.
[5]
Dwellings above or in combination with commercial establishments shall be provided with a minimum of one parking space per dwelling unit in addition to all spaces required for the business.
[6]
Rooming houses or boardinghouses shall be provided with a minimum of one parking space for each guest room and two for the resident manager.
(b)
Parking for public and semipublic uses.
[1]
Places of religious worship and cemetery chapels, school auditoriums, other public auditoriums, stadiums, assembly or meeting rooms, or other similar places of public or private assembly shall be provided with one parking space for every three seats provided for assembly.
[2]
Elementary and secondary public or parochial schools shall be provided with one parking space for each 15 classroom seats. Where a school also has an auditorium, the total number of parking spaces required shall be provided according to the highest requirements.
[3]
Nursing and convalescent homes shall be provided with one parking space for every three beds, plus three spaces for every four employees on the largest shift.
[4]
Clinic and medical, osteopathic, chiropractic or dental offices shall be provided with five patient spaces per doctor and one space for each staff member.
[5]
Commercial schools such as art, music, dancing, photography, business and technical trade schools shall be provided with one parking space for every two classroom seats for the maximum capacity of the facility.
[6]
Nursery and day-care centers for children shall be provided with one space for each employee and an off-street loading and unloading area to accommodate one space for every six children cared for in the center.
[7]
Community centers, municipal administration buildings, libraries and similar places shall be provided with one space for every 300 square feet of gross floor area.
[8]
Public utility buildings and structures, such as telephone exchanges, electric stations and substations and gas, water and sewage pumping stations, water tanks and reservoirs, sewage treatment plants and radio and television transmission or receiving towers, shall be provided with at least two parking spaces per facility.
[9]
Public and public utility maintenance garages and storage yards shall be provided with one parking space per employee assigned to work on the largest shift at such facility.
[10]
Parks and playgrounds, which include spectator seating for baseball fields, tennis courts and similar facilities, shall be provided with parking spaces relative to spectator seating accommodations for stadiums, as described at Subsection E(9)(b)[1] above. Where no spectator seating accommodations are involved, the facility shall be provided with two parking spaces per swimming lane when a pool is present, two parking spaces per playing court when such facilities are provided, 20 parking spaces per baseball diamond or soccer field and one parking space for each 2,000 square feet of area or fraction thereof in the recreation site.
(c)
Parking for commercial uses.
[1]
Retail stores or shops shall be provided with one parking space for every 300 square feet of floor space used for sales purposes.
[2]
Supermarkets, grocery stores, mini markets with gas pumps and dairy stores shall be provided with one parking space for every 100 square feet of floor space used for sales purposes.
[3]
Eating and drinking establishments, social halls, clubs, including country clubs, lodges and other places serving rood and beverages shall be provided with one parking space for every 2 1/2 seats for patron use.
[4]
Drive-in and fast-food restaurants shall be provided with one space for every 50 square feet of floor area.
[5]
Bowling alleys shall be provided with five parking spaces for each pair of lanes.
[6]
Skating rinks shall be provided with one space for every 100 square feet of skating area.
[7]
Billiard and pool rooms shall be provided with two spaces per billiard or pool table.
[8]
Golf driving ranges shall be provided with one parking space per tee.
[9]
Miniature golf ranges shall be provided with one space per hole.
[10]
Golf courses shall be provided with six spaces per hole.
[11]
Other open space areas used for commercial purposes shall be provided with one parking space for each 2,000 square feet of area or fraction thereof.
[12]
Animal kennels shall be provided with one parking space for every three kennel runs.
[13]
Animal hospitals shall be provided with five client/patron spaces per veterinarian.
[14]
Office buildings shall be provided with one parking space for each 350 square feet of floor area or fraction thereof.
[15]
Professional offices and banks shall be provided with one space for each 300 square feet of floor area or fraction thereof.
[16]
Funeral homes and crematories shall be provided with a minimum of one space for each two seats for public use. Such spaces shall be in addition to one space for mobile equipment such as hearses and ambulances.
[17]
Motels, hotels and tourist homes shall be provided with one parking space for each unit for overnight accommodations.
[18]
Barbershops and beauty shops and hairstyling shops shall be provided with one space per chair.
[19]
Personal service and repair establishments shall be provided with one space for each 300 square feet of floor area or fraction thereof. Establishments with less than 300 square feet shall provide at least one parking space per establishment.
[20]
Self-service dry-cleaning establishments and laundromats shall be provided with one parking space for each two washing, drying and cleaning machines.
[21]
Shopping centers shall be provided with at least one parking space for each 350 square feet of gross leasable floor area or fraction thereof.
[22]
Home occupations shall be provided with two parking spaces for each dwelling unit, one space for each nonresident employee and additional space for customers or clients in accordance with the intended use and the spaces allocated for such a use.
[23]
Vehicular sales and body repair and service garages shall be provided with one exterior parking space for each 200 square feet of interior floor space.
[24]
Home center sales and building sales establishments and contractors yards shall be provided with one client parking space for each 1,500 square feet of sales area, whether indoor or outdoor.
[25]
Gasoline service stations and car washes shall be provided with one parking space for each 100 feet of floor area.
[26]
Other commercial buildings not listed above shall be provided with one space for every 300 square feet of floor area or fraction thereof.
(d)
Parking for industrial uses.
[1]
Industrial, wholesale and warehouse establishments, truck terminals, manufacturing plants and research and testing laboratories, etc., shall be provided with one parking space for each 200 feet of floor area or a parking lot of 25% of such floor area, whichever is greater. Additional space shall also be provided for company vehicles and for visitors and sales representatives in addition to the above parking requirements, according to specific needs.
(10)
Parking prohibitions. Required parking spaces for nonresidential uses shall not be met by spaces on any street right-of-way.
(11)
Loading facilities required. Any structure used for public and semipublic uses or for commercial or industrial uses shall be provided with loading and unloading space for the transfer of goods and products and with commercial vehicle storage space adequate for their needs. In no case shall public rights-of-way be used for these purposes, and such loading areas shall be in addition to required off-street parking areas for employees and patrons.
F.
Principal buildings and uses. In any district in which dwellings are a principal permitted use, no lot intended for a residential purpose shall contain more than one principal building or use, except as otherwise permitted.
G.
Screen planting.
(1)
Yard screening shall be provided along the boundaries of any industrial or commercial lot where the lot abuts a residential use and along the boundaries of any lot containing a use permitted by special exception where such screening is required. Such screening shall consist of a visual screen or obstruction of suitable shrubs, hedges, fences or walls at least six feet high and maintained in good condition.
(2)
Fences, walls, shrubs or hedges under six feet high may be located in any yard or court and shall be maintained in good condition. Trees and other plant material designed to enhance the livability and attractiveness of any lot may also be located in any yard or court. (See also § 350-38I, Visibility at intersections.)
H.
Signs. Signs may be erected and maintained only when in compliance with the provisions of this article and any and all other ordinances and regulations relating to the erection, alteration or maintenance of signs and similar devices. Signs shall comply with both the regulations for the district in which they are located and the regulations generally pertaining to signs.
(1)
General regulations.
(a)
Signs must be constructed of durable material, maintained in good condition and not be allowed to become dilapidated.
(b)
No sign shall be placed in such a position that it will cause danger to traffic on a street by obscuring the sight distance or by causing confusion with traffic signs or signals.
(c)
No sign, other than an official traffic sign, shall be erected within the right-of-way lines of any street, unless authorized by municipal officials for a special purpose.
(d)
Mailboxes and newspaper pigeon holes shall be exempt from all sign regulations.
(e)
No sign at its highest point shall exceed the height of the primary structure on the property on which it is located except for outdoor advertising signs.
(f)
Permits shall be required for the erection, alteration or maintenance of any signs permitted in residential districts.
(g)
A permit shall be required for the erection or alteration of outdoor advertising or billboard signs and for commercial and industrial identification signs in commercial and industrial districts.
(h)
Advertising painted upon or displayed upon a building, structure, wall or rock surface shall be regarded as an outdoor advertising sign, and the regulations pertaining thereto shall apply unless the sign applies to services or products sold on the premises.
(i)
Each sign shall be removed when the circumstances leading to its erection no longer apply.
(j)
In all districts, only those residential, commercial and industrial identification signs referring directly to services provided or materials or products made, sold or displayed on the premises shall be permitted, except as otherwise noted. Such signs shall comply with all other requirements, as stated herein, for the district in which they are erected.
(k)
No animated, sequential, flashing or oscillating signs shall be permitted in any district. Any sign, by reason of its intensity, color, location or movement, that may interfere with traffic lights, signals or other controls or abrogate public safety shall not be permitted in any district.
(l)
Signs for which illumination is permitted shall have the light confined to the surface of the sign and directed and shielded so as to avoid glare or reflection which could endanger highway or street traffic and which could create a nuisance for adjacent residences or fugitive emissions into the night sky.
(m)
Signs which emit objectionable or excessive noise created by electric current or air movement shall not be permitted.
(n)
Sign surfaces shall include the entire face or faces and, if composed of individual letters, figures or designs, the space between and around such letters, figures or designs, but shall not include the supports.
(o)
A temporary sign made of paper, cardboard or similar material and intended to attract public attention shall not be attached to any lamppost, utility pole, shade tree or public structure or building, except as authorized by permit from the Zoning Officer. Where such signs are permitted, they shall not be posted sooner than 45 days before the date of the event advertised, and they shall not remain posted for more than 30 days after the date of the event advertised.
(2)
Signs in residential districts.
(a)
Signs advertising the sale or rental of the premises upon which they are erected, when erected by the owner or broker or any other person interested in the sale or rental of such premises, may be erected and maintained, provided that:
[1]
The size of any such sign is not in excess of six square feet; and
[2]
Not more than one such sign is placed upon any property in single and separate ownership, unless such properly fronts upon more than one street, in which case one such sign may be erected on each frontage. The signs shall be set back at least 10 feet from any public right-of-way line. The signs shall be removed from the premises within 30 days after the sale or rental of the property.
(b)
Signs indicating the location and direction of land available for or in the process of development and of model homes available for inspection, but not erected upon such premises, and having inscribed thereon the name of the owner, developer, builder or agent, may be erected and maintained, provided that:
[1]
The size of any such sign shall not be in excess of six square feet and not in excess of four feet in length; and
[2]
Not more than one such sign shall be erected on each 500 feet of street frontage. The signs shall be set back at least 10 feet from any public right-of-way and shall be removed from the premises within 30 days after the sale of the last lot or home.
(c)
Signs advertising the sale of lots in a subdivision in which the sign is to be located may be erected and maintained, provided that:
[1]
The size of the sign shall not be in excess of 60 square feet in area; and
[2]
Not more than one such sign shall be erected in any subdivision. The signs shall be set back at least 35 feet from any public right-of-way line. The signs shall be removed from the premises within 30 days after the last lot is sold.
(d)
Signs bearing the word "sold" or the word "rented" with the name of the persons effecting the sale or rental may be erected and maintained, provided the conditions in Subsection H(1) above are complied with.
(e)
Signs of contractors, mechanics, painters and artisans may be erected and maintained on the premises where the work is being performed during the period in which such work is being performed, provided that:
(g)
Signs of schools, places of religious worship, clinics, day-care centers or other institutions of a similar nature may be erected and maintained, provided that:
[1]
The size of any such sign shall not be in excess of 40 square feet; and
[2]
Not more than one such sign shall be placed on a property in single and separate ownership, unless such property fronts upon more than one street, in which case one such sign may be erected on each frontage.
[3]
Such sign shall be set back at least 10 feet from any public right-of-way line.
(h)
Signs indicating professional offices or home occupations of the occupants of dwellings shall not exceed four square feet and shall be limited to one sign per dwelling. Such sign may include the name, occupation, address, logotype and trademark of the professional or home occupation.
(i)
Official traffic or street name signs may be erected only by or with the written approval of municipal officials.
(j)
Signs necessary for the identification, operation or protection of public utility facilities and municipal uses shall be permitted, provided that:
(k)
Signs indicating the name of the owner or number of the premises, or the name of the premises itself, shall be permitted, provided that:
(3)
Signs in commercial, special and industrial districts.
(a)
Any sign permitted in any residential district shall also be permitted in any commercial and industrial district.
(b)
Signs in commercial and industrial districts may be erected and maintained, provided that the sign shall be on the same premises to which it refers; such sign shall not exceed 60 square feet for each lot, but may contain identification signs of all the businesses or industries on that lot; and not more than one such sign shall be erected on any one street frontage with a setback of at least 20 feet from any public right-of-way line. In addition, each business located on one lot or in one building may have its own identification sign, provided that such sign is attached to the building in which the activity is located and is no larger than eight square feet.
(c)
In shopping centers or office complexes or parks, one sign shall be permitted at each entrance, provided that there is only one sign allowed along each public right-of-way. Such sign shall indicate the name of the shopping center or office complex or park and establishments located therein. Such sign shall not exceed 200 square feet and shall not be located within 100 feet of any existing principal building on an adjoining residential premises. The sign shall be set back at least 20 feet from any public right-of-way line. In addition, each establishment located in the shopping center or office complex or park may have its own identification sign, provided that such sign is attached to the building in which the activity is located and is no larger than 35 square feet.
(d)
Signs within display windows shall not be considered a part of the permitted sign area unless such signs are self-illuminating, in which case the area shall be considered part of the permitted sign area.
(e)
Outdoor advertising signs or billboards may be erected and maintained only in the C-2, I-1 and I-2 Districts, even though not referring to the activity produced or conducted on the premises. Such signs shall be permitted only as special exception uses approved by the Zoning Hearing Board. (See Article VI.)
I.
Swimming pools (private). Private swimming pools in districts where permitted shall comply with the following conditions and requirements:
(1)
The pool shall be intended and shall be used solely for the enjoyment of the occupants and their guests of the principal use of the property on which it is located.
(2)
The pool shall be located in either the rear or side yard of the property on which it is an accessory use.
(3)
The pool, including any walks or paved areas or accessory structures adjacent thereto, shall not be located closer to the rear and side property lines than the minimum distance required for unattached accessory structures as provided for in § 350-38H.
(4)
For all pools, the pool area or entire property on which the pool is located shall be so walled or fenced or otherwise protected so as to prevent uncontrolled access by children from the street or from adjacent properties. Said barrier shall not be less than four feet in height, and it shall be maintained in good condition. Said barrier shall be so constructed as not to have openings, holes or gaps larger than two inches in any dimension. All gates or doors opening onto the pool area shall be secured at all times when the pool is not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.
[Amended 10-17-2000 by Ord. No. 2000-9]
J.
Use of former places of religious worship. The Borough Council may grant a conditional use zoning permit pursuant to § 350-34 for a building or structure designed for a place of religious worship, which lawfully existed at the effective date of this chapter, which is abandoned by its user in an E-1, R-1, R-1A, or R-2 District for a change in use from a place of religious worship to another use permitted in the district in which it is located or a use permitted in a C-1 District if it finds that all of the following standards are met in addition to the general standards set forth under the provisions of § 350-34D for decisions for granting all conditional uses:
[Added 2-17-2009 by Ord. No. 2009-1]
(1)
No structural alterations are made to the exterior of the building or structure which would alter in any way its appearance or architectural integrity and character;
(2)
The proposed use will insure the continued upkeep and maintenance of the building or structure so as to preserve its appearance or architectural integrity and character; and
(3)
The applicant and the owner applying for the conditional use shall agree to the following reasonable conditions and safeguards for so long as the proposed use continues:
(b)
If the proposed use for which the conditional use is granted is abandoned for a continuous period of at least one year, it shall not again be used except in conformity with the regulations of the district in which the building or structure is located;
(c)
If the building or structure has been legally condemned, it shall not be rebuilt or used except in accordance with the provisions of this chapter;
(d)
If the building or structure is damaged or destroyed by fire, explosion, windstorm, flood other similar active cause to the extent that it can not be restored to its original appearance or architectural integrity and character, it shall not be rebuilt or used except in accordance with the provisions of this chapter; and
(e)
If the building or structure is demolished or torn down, voluntarily or involuntarily, by the owner for any reason it shall not be rebuilt or used except in accordance with the provisions of this chapter.
§ 350-37 Area regulations.
A.
Nonconforming lots of record.
(1)
In any district in which single-family residences are permitted, a single-family house and customary accessory buildings and uses may be erected on any lot of record in existence at the effective date of this chapter, even though the lot area and width are less than the minimum requirements set forth herein. However, the front, side and rear yards shall conform as nearly as possible to the requirements of the district in which the lot is located, as determined by the Zoning Hearing Board in granting a variance.
(2)
Where two or more adjacent lots with less than the required area and width are held by one owner, the request for a zoning permit shall be referred to the Zoning Hearing Board, which may require the owner of said lots to combine or realign the existing lots or lot lines of said nonconforming lots in such a manner so as to create a lot or lots that conform, or conform as nearly as possible (where total conformance is impossible), with the minimum applicable requirements for lot dimensions and area as set forth in this chapter; provided, however, that the Zoning Hearing Board shall not require any such action on the part of the owner until the Board has reviewed and considered the advisability and feasibility of compelling such action by the owner.
B.
Reduced lot area. No lot shall be so reduced in area that any yard or area requirements will be smaller than that prescribed in the regulations for the district in which the lot is located.
C.
Residential habitable floor area. All dwelling units hereafter created shall have the following minimum floor areas:
§ 350-38 Yard regulations.
A.
Fences and walls. A fence or wall a maximum of six feet in height (or higher if a retaining wall) may be erected within the limits of any yard not extending beyond the front setback line. Within the front yard, a fence or wall a maximum of 36 inches in height shall be permitted, except as provided in § 350-38I below. The height shall be measured from the average grade level. A fence intended to mark a boundary shall be located either on the boundary line or within six inches thereof.
B.
Fire escapes. Open fire escapes shall not extend into any required yard more than 4 1/2 feet.
C.
Front yards and through lots. In any district, a lot which runs through a block from street to street shall have the required front yard for the district in which it is located for the frontage on both streets.
D.
Front yards and corner lots. In any district, a lot which abuts on and is at the intersection of two or more streets or upon two parts of the same street shall have the required front yard for the district in which it is located for the frontage on both streets.
E.
Porches and decks. Any porch or deck of more than 4 1/2 feet in depth shall be considered a part of the building in the determination of the size of yards or lot coverage.
F.
Projecting architectural features. Chimneys, cornices, eaves, gutters and bay windows and similar architectural features may extend not more than two feet into any required yard.
G.
Structures, attached accessory. Accessory structures, such as garages or carports, which are attached to the principal building shall be considered a part of the building in the determination of the size of the yards or lot coverage.
H.
Structures, unattached accessory. Unattached accessory structures on residential lots in any district may be erected within the rear or side yards, provided that the maximum height of such structure be limited to the lesser of 1 1/2 stories or 15 feet, and that the minimum distance of such structure from the rear and side property lines shall be 10 feet, except as otherwise indicated.
I.
Visibility at intersections. On any corner lot in any district, no fence, wall, hedge or other structure or planting more than 36 inches higher than the road surface shall be erected or maintained within 50 feet of the corner so as not to interfere with traffic visibility across the corner.
§ 350-39 Height regulations.
A.
Height exceptions. The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not used for human occupancy or to chimneys, ventilators, skylights, water tanks, fire towers, bulkheads and similar features or to silos, barns and other farm buildings and structures or to any accessory mechanical appurtenances usually carried above the roof level.
B.
Ornamental features. The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or a cornice or ornament (without windows) extending above such height limit not more than five feet.
§ 350-40 Fences. [1]
A.
B.
Provisions applicable to residential districts.
(1)
No fence, screening or wall (other than a retaining wall) or barbed wire or any sharp projected materials shall be used as a dividing line to separate the adjoining properties, except an open wire (link-type) or wood pickets or ranch-type (round or flat) or wood slats or wrought iron or line chain or any vegetation, such as hedges with or without thorns or low-growing plants. To separate properties or as a means of enclosing a yard or garden, such shall be erected or planted on any property at no greater height than six feet. This shall include vegetation, such as hedges, trees and its sorts, regardless of when planted.
(2)
Any fence in a residential district shall have its most pleasant or decorative side facing the adjacent lot, with all posts being in the applicant's yard, unless such posts or supports are an integral part of the decorative design of the fence.
(3)
No solid fence shall be constructed or maintained in a manner which shall impede or otherwise obstruct access to the rear of the dwelling for emergency equipment, such as fire-fighting equipment, etc.
(4)
Open decorative fences, hedges or screen plantings may be permitted within any required front yard, provided that the fence does not exceed three feet in height.
(5)
Fences, hedges or screen plantings lawfully existing at the time of the passage of this section shall be deemed a nonconforming appurtenance and shall be treated as are nonconforming uses under this section.
(6)
Fences shall be continually maintained, and no fence, hedge or screen plantings shall be permitted to become unsightly or in a state of disrepair.
(7)
Nothing herein contained shall be construed as prohibiting, in any required front yard, decorative or landscape plantings, such as bushes, flowers, trees and the like, which are not designed or intended as a fence.
C.
Provisions applicable to nonresidential districts.
(1)
Any fence facing a residential district shall have its most pleasant or decorative side facing the residential district, with all posts and supports being on the side of the fence opposite the residential area, unless such posts or supports are an integral part of the decorative design of the fence. This relationship shall prevail where any more restrictive district abuts any less restrictive district, the less restrictive district having the posts and/or supports on its side.
(2)
No fence or screening wall, as defined in Subsection B(1), shall exceed eight feet in height in any general commercial or industrial district.
(3)
Barbed wire or electric fences.
(a)
A fence with a barbed wire top, not to exceed eight feet in height, or an electric shock fence which would not be detrimental to health, safety or welfare of any person coming into contact with it may be permitted in the general commercial and industrial districts where it can be demonstrated that, upon issuance of a conditional use permit by the Borough:
[1]
The fence is needed to prevent entry to an area which could be hazardous to the health, safety or welfare of a person or persons.
[2]
The fence is needed to secure an area where materials and/or equipment is stored.
[3]
The fence is needed to keep animals other than common household pets, except in a kennel situation, from leaving the site.
[4]
Where, in the Board's opinion, other reasons are presented which, in the general community's interests or interests of national safety, justify the need for such a fence.
(b)
Where such fences are permitted, the fact that they are either barbed or electrified shall be clearly indicated on the fences at intervals of not more than 75 feet.
§ 350-41 Convenience stores with gasoline pumps.
[Added 12-7-1999]
The property shall have a lot area of not less than 25,000 square feet. The principal structure, as well as the canopy over gasoline pumps, shall meet all the minimum setback requirements for all yards in the district in which it is located. Where the operation abuts on the rear or side lot line of a district having residences as a principal permitted use, a solid wall or substantial fence being six feet in height shall be constructed and maintained in good condition along such boundary. A parking area accommodating all spaces required shall be provided. Access driveways shall be no more than 25 feet wide at the street line, and in the case of a corner lot, access driveways shall be at least 60 feet from the intersection of the two streets, as measured from the right-of-way line. All lighting shall be directed away from adjoining property.
§ 350-42 Townhouses.
[Added 12-7-1999]
A.
The following regulations shall govern the use and/or development of a property for townhouses. Townhouses shall also be subject to all applicable provisions of Chapter 305, Subdivision and Land Development.
(1)
The minimum lot width shall be 150 feet.
(2)
The maximum percentage of building coverage on a lot per dwelling unit, exclusive of common or public open areas, shall be 40%.
(3)
The minimum lot width per dwelling unit shall be 20 feet.
(4)
The minimum lot depth per dwelling unit shall be 100 feet.
(5)
The minimum lot area per dwelling unit shall be 2,000 square feet.
(6)
The minimum front yard setback shall be 30 feet.
(7)
The minimum side yard setbacks shall be 30 feet. Side yard setbacks shall be required only at the end of rows of attached dwellings.
(8)
The minimum rear yard setback shall be 30 feet.
(9)
The maximum density shall be one unit per each 4,000 square feet of land area.
(10)
The minimum width of each dwelling unit shall be 20 feet.
(11)
The maximum building height shall be three stories or 35 feet.
(12)
The minimum distance between principal structures shall be 30 feet.
(13)
The minimum front yard setback for off-street parking areas shall be 15 feet.
(14)
The minimum side yard setbacks for off-street parking areas shall be 15 feet.
(15)
The minimum rear yard setbacks for off-street parking areas shall be 15 feet.
(16)
Two off-street parking spaces shall be provided for each dwelling unit and one space for every third unit.
B.
Townhouses shall provide a site plan in conformance with Chapter 305, Subdivision and Land Development. Additional information upon the site plan shall include:
(1)
The location, use, plan dimensions and height of each building and the total gross floor area.
(2)
The location, dimensions and arrangement of all open spaces, yards, accessways, entrances, exits, off-street parking areas, pedestrianways, width of streets, curbs and sidewalks.
(3)
The capacity and design of all areas to be used for vehicular access and parking.
(4)
The location, dimensions and arrangement of all areas devoted to planting, lawns, trees, shrubs, and similar landscaping.
(5)
The provisions and design features of paved areas, infrastructure and other required site utilities.
(6)
A soil erosion and sedimentation control plan.
(7)
Stormwater drainage calculations and plans for the site.
§ 350-43 Warehouse and distribution facilities.
[Added 12-7-1999]
All materials shall be stored within a completely enclosed building, and yard areas shall be kept clear of junk, trash or other types of debris. Access drives shall not exceed 25 feet in width; parking and loading areas shall conform with the regulations of this chapter. No warehouse activities, including parking and/or loading areas, shall be allowed within 25 feet of any property line abutting a zoning district which allows residences as a principal permitted use.
§ 350-44 Warehouses (self-storage).
[Added 12-7-1999]
These facilities may be a building or group of buildings in a controlled-access and fenced compound containing varying sizes of individual compartmentalized and controlled-access stalls or lockers for dead storage of customers' goods and personal property, with storage space available for rental to the general public. All storage shall be contained within a completely enclosed building or buildings. There shall be a minimum spacing of 25 feet between buildings for traffic circulation, parking and fire lane purposes. No activities, including off-street parking, shall be allowed within 20 feet of a property line abutting a district having residences as a principal permitted use. All outside lighting shall be directed away from adjacent properties.