Any trade, industry or use which is deemed to be noxious or offensive by reason of the emission of smoke, noise, gas, odor, dust, vibration or excessive light beyond the limits of its lot, so as to be dangerous or prejudicial to the public health, safety or general welfare.

Sky rides, ferris wheels, roller coasters, shooting galleries and similar recreation center devices, not including such devices associated with transient fairs, carnivals, circuses or other similar traveling amusements.

Rendering plants for animal products.

Manufacture or storage of explosives or fireworks in violation of acts of State Legislature or local ordinances.

Rear dwelling.

Junkyard.

Travel trailer or travel unit as defined in § 108-8, except when travel trailer or travel unit is unoccupied and is stored in a garage or other accessory building.

No accessory building shall be constructed within five feet of any rear lot line.

Nothing contained herein shall prevent the construction of a private garage as a structural part of a main dwelling, provided that when so constructed, the exterior garage walls shall be regarded as the walls of the main dwelling in applying the front, rear and side yard regulations of this chapter.

No private garage or other accessory building shall be within a required front yard or side yard in any district. Unroofed parking areas are permissible in required front yards and in portions of side yards not otherwise required for a planting screen in commercial and industrial districts, provided that the parking area is of sufficient size for vehicle storage and maneuvering, and provided that ingress and egress points are clearly established for the safe channelization of traffic to and from the adjacent streets.

Any access driveway may be located within a required side yard or required front yard.

Accessory buildings and uses shall be on the same lot with the main building or buildings or on an immediately adjacent lot in the same ownership or within the site limits of a site plan of development approved by the Planning Commission as prescribed in this chapter.

Required accessory parking areas and truck loading spaces shall have safe and adequate access to a public street either by a driveway on the same lot or by means of a permanent easement across an adjoining lot.

No required accessory parking area or off-street truck loading space shall be encroached upon by buildings, open storage or an other use.

Accessory private garages may be constricted within or under any portion of a main building.

Nothing herein contained shall restrict the height of a church spire, cupola, dome, mast, belfry clock tower, radio or transmission line, tower, flagpole, chimney flue, water tank, elevator or stair bulkhead, stage tower, scenery loft, smoke stack, silo or similar structure. Commercial communications towers and antenna shall additionally conform to the requirements of § 108-36C(5). No such structure shall:

No private garage or other accessory building shall exceed 15 feet in height.

Front yard. The space in a required front yard shall be open and unobstructed except for an unroofed balcony or terrace projecting not more than eight feet or steps giving access to a porch or first floor entry door.

All yards. Every part of a required yard shall be open to the sky unobstructed by structures except for retaining walls and for accessory buildings in a rear yard and except for the ordinary projections of sills, belt courses and for ornamental features projecting not to exceed six inches.

Open or lattice-enclosed fireproof fire escapes or stairways. Required by law, projecting into a yard not more than four feet, and the ordinary projections of chimneys and pilasters shall be permitted when placed so as not to obstruct light and ventilation.

Front yard exception. The front yard requirements shall not apply to a lot where such building is adjacent to an existing building or buildings which have nonconforming front yards; provided, however, that such building shall not be permitted to have a front yard of less depth than of the average of the two immediately adjoining buildings or than that of the only adjoining building when only one exists.

A temporary building permit may be issued for a period not to exceed one year for a nonconforming building, structure or use incidental to a building or other construction project, including such uses as the storage of building supplies and machinery, and a real estate office located on a tract of land where individual properties are being offered for sale; provided that such temporary permit shall be issued only upon written agreement (as defined in § 108-8) by the owner or his agent to remove such building or structure upon expiration of such permit; and further provided that such permit shall be subject to such reasonable conditions as the Zoning Hearing Board shall determine to be necessary to protect the public health, safety, morals and general welfare. Such a permit may be renewed annually over a period not to exceed three years.

A temporary building permit may be issued for a period not to exceed nine months for a basement standing alone to be used as a dwelling unit, provided that the owner is able to demonstrate his intent and formal arrangements to complete construction of the structure by the end of the nine-month time period.

The activities and residual effects shall not create conditions that are significantly hazardous to the health and safety of neighboring residents.

After areas are used for mineral extraction, they shall be reclaimed in phases to a nonhazardous and environmentally sound state in accord with the provisions of the environmental protection performance standards as set forth in Title 25, Chapter 77 of the Pennsylvania Code.

A seventy-five-foot-wide yard covered by natural vegetative ground cover (except at approved driveway crossings) shall be required along all exterior lot lines that are within 250 feet of an area of excavation or within 250 feet of machinery that is greater than 35 feet in height. This yard shall include an earthen berm averaging a minimum of six feet in height and an average of one shade tree for each 50 feet of distance along the lot lines.

The following minimum setbacks shall apply for the excavated area of a mineral extraction use from property that is not owned by the owner of the mineral extraction use:

The excavated area of a mineral extraction use shall be set back 100 feet from the average waterline of a perennial or intermittent stream or the edge of a natural wetland of more than two acres.

Fencing. The Borough Council may require secure fencing in locations where needed to protect public safety.

County conservation district. A soil erosion and sedimentation plan shall be prepared by the applicant and found to be acceptable to the County Conservation District.

Hours of operation. The Borough Council may reasonably limit the hours of operation of the use and of related trucking and blasting operations to protect the character of adjacent residential areas.

Additional reviews. The applicant shall submit at least 14 days prior to initial Borough Council hearing a complete copy of all application materials and a site plan to the Borough Council and to the Planning Commission for advisory review. The application shall be sent to the Borough Engineer or an alternate engineer appointed by Borough Council for a review, with the reasonable costs of such review paid by the applicant.

The applicant shall also submit a copy to the Zoning Officer of all materials submitted by the applicant to state agencies regarding an application for this project. The use shall comply with all applicable state regulations as a condition of Borough approvals under this chapter, and such Borough approval may be revoked for violation of this condition.

Preemption. It is not the intent of this section to unlawfully preempt any federal or state law or regulation. Unless a preemption of this chapter would exist, the most strict and least permissive requirements shall be in effect where a conflict might exist.

Application requirements. Each application for a mineral extraction use involving an excavation of more than one acre shall include the following:

The area of the mobile home stand shall be improved to provide an adequate foundation for the placement of the mobile home.

The stand shall be constructed from material sufficient to adequately support the mobile home and prevent abnormal settling or heaving under the weight of the home. The corners of the mobile home shall be anchored to prevent wind overturn and rocking with tie-downs such as concrete dead men, screw augers, arrowhead anchors or other devices capable of resisting an allowable working load equal to or exceeding 3,150 pounds and shall be capable of withstanding a 50% overload (4,725 pounds total) without failure of either the anchoring equipment or the attachment point on the manufactured home.

After a mobile home has been anchored to the mobile home stand, the hitch which is employed for the transportation of the unit shall be removed if not of bolted construction, and there shall be a decorative skirt installed around the base of the unit.

Any mobile/manufactured home placed on any lot after the adoption of this chapter shall be constructed in accordance with the Safety and Construction Standards of the United States Department of Housing and Urban Development. These federal standards supersede the BOCA Code for the actual construction of the home itself. Each home shall be equipped with a minimum of one smoke detector and a ULI-approved portable fire extinguisher labeled as suitable for A, B and C fires.

The mobile home shall have a pitched roof.

A noncommercial swimming pool which is designed to contain a water depth of 24 inches or more shall not be located, constructed or maintained on any lot or land area, except in conformity with the requirements of these regulations. A permit shall be required to locate, construct or maintain a noncommercial swimming pool.

Such pool shall be located in a rear yard only.

Every noncommercial swimming pool shall be entirely enclosed with a good quality chain link wire, wooden or other equivalent fence of not less than six feet in height, with a locking gate.

Such pool shall be located not less than 10 feet from any lot line, with the exception that the record owners of the two halves or units of a two-family detached dwelling consisting of more than one story in each unit and joined by a common wall and by a common property line to the rear of the two-family unit may waive this requirement by agreement, in writing and approved by the Zoning Officer, with regard to the common property line extending from the common wall to the rear of the property only. The requirement of this subsection can be waived with regard to the common property line which is the extension of the common wall and with regard to this lot line only.

Such pool shall not occupy more than 25% of the rear yard area, including all private garages or other accessory buildings or structures.

If the water for such pool is supplied from a private well, there shall be no cross-connection with the community water supply system.

If the water for such pool is supplied from the community water supply system, the inlet shall be above the overflow level of said pool.

No permit shall be granted for the installation or construction of such swimming pool unless the plans shall meet the minimum construction requirements of the Borough and unless the drainage of such pool is adequate and will not interfere with the community water supply system, with existing sanitary facilities or with the public streets.

No loudspeaker or amplifying device shall be permitted which will project sound beyond the bounds of the property or lot where such pool is located.

No lighting or spotlighting shall be permitted which will shine directly beyond the bounds of the property or lot where such pool is located.

In private garages accessory to multiple dwellings, no commercial repairing of cars shall be done, but washing of tenants' cars shall be permitted.

Private garages accessory to multiple dwellings shall conform in exterior architectural style and treatment to the architecture of the main building or buildings and shall be of similar materials.

A private garage or private parking area may be utilized only as an accessory to the main use, except that no more than two parking spaces in a private garage accessory to a one-family or two-family dwelling may be rented to a person who is not a resident of the main building.

Not more than one commercial vehicle, with a gross weight limited to 2 1/2 tons, may be housed on any lot, and then only in a private garage.

The dwelling shall retain a residential appearance with no change to the exterior of the dwelling to accommodate the use, other than cosmetic improvements.

Any day-care center involving seven or more children shall be considered the principal use and meet the standards of Subsection H for such use, if permitted.

The use shall be actively operated by a permanent resident of the dwelling.

If four to six children who are not related to a permanent resident of the dwelling are cared for, then a minimum of 200 square feet of safe exterior play area shall be available.

The use shall comply with any applicable state and federal regulations, including having an appropriate Pennsylvania Department of Public Welfare (or its successor agency) registration certificate or license if required by such agency.

The use shall include adequate measures to ensure the safety of children from traffic or other nearby hazards. This shall include a secure fence around any outdoor areas abutting streets that are routinely used for outdoor play.

Outside play areas in residential districts shall be limited to use between 8:00 a.m. and 9:00 p.m. if located within 200 feet of an abutting dwelling.

The use shall comply with any applicable state and federal regulations, including having an appropriate Pennsylvania Department of Public Welfare (or its successor agency) registration certificate or license.

Parking spaces as required by § 108-26 shall be provided.

In residential districts, where permitted as a principal use, the use shall have a minimum setback of 15 feet from an abutting residential lot line.

The use shall include adequate measures to ensure the safety of children from traffic or other nearby hazards. This shall include, at a minimum, a secure fence around any outdoor areas abutting streets that are routinely used for outdoor play.

Outside play areas in residential districts shall be limited to use between 8:00 a.m. and 8:00 p.m. if located within 200 feet of an abutting dwelling.

Outdoor play areas of a day-care center involving the care of 25 or more children at any one time shall be set back a minimum of 25 feet from the exterior walls of an abutting existing occupied dwelling.

This use shall not be conducted in a dwelling that is physically attached to another dwelling that does not have a common owner.

In residential districts, any permitted day-care use shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood.

A day-care use may occur in a building that also includes permitted or nonconforming dwelling units.

Individual parking spaces. Parking areas shall be marked off into parking spaces, each with a minimum width of nine feet, length of 18 feet, and a minimum area of 162 square feet, exclusive of driveways and turning areas.

Minimum requirements for accessory garages or parking areas. As indicated in the following schedule.[1]

Other uses not specifically listed. The same requirements as for the most similar use listed in Subsection A(2).

Mixed uses. Total requirements shall be the sum of the requirements of the component uses computed separately.

Fractional space. In all districts, when required parking spaces result in the requirement of a fractional space, any fraction under 1/2 may be disregarded, and any fraction of 1/2 or greater shall be construed as requiring a full space.

Nonapplicability of existing buildings and uses. The provisions of Subsections A(1) through five shall not apply to any building, structure or use lawfully in existence at the effective date of this chapter, where continued as a permitted or a nonconforming use, or thereafter converted or changed without enlargement to a different lawful use.

Substitution of public parking facilities. The requirements of Subsection A(2) can be met by showing the lack of need for such parking areas, where the lot is within 500 feet of a public parking area owned or operated by the Borough, or by a public parking authority, measured in a straight line between the nearest point of such parking area and the nearest point of such lot.

Reduction in parking demand. A reduction in the number of parking spaces in accessory garages or parking areas originally provided and installed pursuant to the requirements of Subsection A(2) may be permitted in cases where proof is furnished that, by reason of diminution in number or dwelling units or residents or in floor area, seating capacity of area, number of employees or change in other factors determining the demand for parking spaces, the proposed reduction will be consistent with the requirements of said Subsection A(2).

Every building or structure, lot or land hereafter put into use for business or industrial purposes or for a hospital, and which has an aggregate floor area of 4,800 square feet or more in any nonresidential district or 15,000 square feet or more in any other district where such uses are permitted, shall be provided with off-street truck loading spaces in accordance with the following schedule:

Size of individual truck loading space. An off-street truck loading space shall have a minimum width of 10 feet, a minimum length of 25 feet, and minimum clear height of 14 feet, including its access from the street.

All access driveways for a public garage, public parking area, filling station, service station or car washing station may be used for separate or combined entrance and exit. Every separate entrance or exit access driveway shall have a minimum unobstructed width of 10 feet. Every combined entrance and exit access driveway shall have a minimum total unobstructed width of 20 feet.

Where a lot does not abut on a public or private road, alley or easement access, an access driveway not less than 10 feet in width shall be provided for a private garage.

A professional or announcement sign of a home professional office or home occupation on a residence building shall be fixed flat on the main wall of such building and shall not project more than six inches, or may be erected in the front yard, but not within 10 feet of a street line. Such sign may be interior lighted in the cases of the office of a physician or dentist only.

A name or announcement sign or signs, not over six square feet in area, fixed to the main wall of a church, parish house, club, school or public or semipublic building shall be permitted, or may be erected in the front yard, but not within 10 feet of a street line. Such sign may be interior lighted. Not more than two such signs shall be permitted on a lot.

A real estate "for sale" or "for rent" sign or a construction sign shall apply only to the property upon which it is placed. Not more than two such signs shall be permitted on any one property or premise.

No business sign, other than a professional or announcement sign, shall be erected, hung, attached or displayed until a written application has been made to the Zoning Officer and a permit therefor has been duly issued by him upon payment of the established fee.

Projection. No sign shall project more than 12 inches from the building facade to which it is attached.

Height. No sign that is a part of or is supported by a building shall be erected upon the roof of such building, nor shall such sign extend above the height of the building. No sign structure that is not a part of or supported by a building shall be more than 18 feet in height above the average ground level at the base of such sign.

Clearance. No sign structure erected directly upon the ground shall have less than three feet of clear space between such sign and the ground, provided that necessary supports may extend through such open space.

Spacing. No sign structure erected directly upon the ground shall be within five feet of any other sign structure.

Relationship to street intersection. No sign shall be erected, attached or displayed within 25 feet of the point of intersection of the street right-of-way lines at a street corner.

Illumination. Signs may be interior lighted with nonglaring lights or may be illuminated by shielded floodlights; provided, however, that no red or green lights shall be permitted within 75 feet of the point of intersection of the street lines at a street corner. No illuminated sign shall have a flashing, moving, rotating, oscillating, shuttered or similar device.

Open-lettered signs. In a business or industrial district, when a business sign or signs consist of open lettering through which at least two-thirds of the circumscribing plane surface of the building facade remains directly visible, such sign or signs, on each building facade, may have an aggregate area of six square feet for each one foot horizontal length of such facade, but shall not exceed an aggregate area of 360 square feet on any one facade.

If a building or structure used by a nonconforming use is damaged to a degree less than 50% of its then fair market value, it may be restored, reconstructed or used as before, provided that the floor area of such use, building or structure shall not exceed the floor area which existed prior to such damage and that it be completed within one year of such happening.

A nonconforming building or structure that is devoted to a conforming use may be reconstructed, structurally altered, restored or repaired in whole or in part.

A nonconforming use may be changed to a conforming use or to another nonconforming use upon approval by the Zoning Hearing Board. The Board may grant a certificate of occupancy for a change in a nonconforming use, provided that the Board shall have made a determination that such change will be beneficial to the general neighborhood, and further provided that the nonconforming use to which it is changed is of the same or more restricted classification which is more appropriate to the neighborhood in which situated than the original nonconforming use.

A nonconforming use of a building or land that has been changed to a more restricted classification shall not thereafter be changed to a use of a less restricted classification.

A nonconforming use shall not be extended to displace a conforming use.

It is changed to a conforming use.

The building or structure used by the nonconforming use is damaged to a degree greater than 50% of its then fair market value.

It has been voluntarily discontinued for a period of 12 consecutive months where such nonconforming use is in a building or structure designed for such use.

When it has been voluntarily discontinued for a period of six consecutive months where such nonconforming use is in a building or structure not designed for such use or is on a lot or land whereon there is no consequential building or structure devoted to such use.

Purpose. The purpose of this section is to control the intensity of development on slopes exceeding 15%. Such slopes are considered steep. Controlling the intensity of development on steep slopes will assist in preventing future problems associated with accelerated soil erosion and sedimentation, stormwater runoff, on-lot sewage disposal operations, earth slippages and vehicular access to buildings. Further, this section will assist in steering development to lands more physically suited for new construction.

Applicability. This section shall apply to all land, buildings and uses and all grading of land in preparation for building in all zoning districts.

Submission.

Lot areas.

Slopes of accessways and driveways. No portion of any accessway or driveway shall have a finished slope in excess of 12%.

All uses shall be developed in a manner consistent with the preservation of the quality of the existing environment and of any natural amenities present on the site.

All uses shall provide for the preservation and the minimum destruction of natural drainage areas, minimum grading and destruction of the ground surface, the preservation of substantial stands of trees and forested areas, and the preservation of attractive views and any other natural features existing on the site.

Dangerous, injurious, noxious, or otherwise objectionable condition.

Fire, explosion, or other hazards.

Heat, electromagnetic, or other radiation.

Smoke, dust, odor, or other form of air pollution.

Excessive noise.

Any other condition in such manner or in such amount as to adversely affect the reasonable use or value of the surrounding area or adjoining premises or be dangerous to public health or safety.