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Prospect Butler County
City Zoning Code

ARTICLE IV

Supplementary Regulations

§ 310-13 Minimum lot size and frontage.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Lots of record lacking minimum area or frontage. A lot legally recorded before adoption of this chapter, containing less lot area and/or lot frontage on a public street than required, may be developed for any use permitted in the zone district where the lot is located without application for a variance, provided:
(1) 
No reduction of front, side or rear yards is required to accommodate the proposed development.
(2) 
The lot does not abut along a common side lot line property in the same ownership.
(3) 
If public sewer and water are not available, the Borough Sewage Enforcement Officer certifies the lot as being acceptable for on-lot sewage disposal considering the proposed use to be placed on it.
B. 
Determination of lot area if lot extends to street center line. In such case the street right-of-way shall be assumed to be 40 feet wide and a strip 20 feet wide across, the front of the property shall be excluded from the lot in determining area.
C. 
Number of principal permitted uses on a lot. Only one principal permitted use shall be allowed on an undivided property, and only one dwelling building shall be permitted on a lot except in the case of a mobile home park, a planned residential development or a second dwelling on a lot situated so that if the property is later subdivided both dwellings will occupy lots meeting all area, yard setback and frontage requirements that apply in the zone district.
D. 
The Borough Sewage Enforcement Officer may refuse a permit for development of any lot if he finds the proposed plan for sewage disposal cannot be accommodated on the lot and the lot does not have access to public or community sewer and water systems approved by the State DEP.

§ 310-14 Regulations in required yards.

A. 
Lots abutting two streets. When a lot abuts two streets, the yards abutting each street shall be considered front yards for purposes of placing buildings on the lot.
B. 
Permitted projections into yards. Roof overhangs, chimneys, open balconies, bay windows, fire escapes, and covered porches may extend up to five feet into a required front, side or rear yard, but not closer than three feet to a property line.
C. 
Uses permitted in required yard areas. Driveways, patios and parking areas shall not be constructed closer than three feet to any property line unless the developer receives written permission from the neighboring property owner to extend closer to the line or to abut it.
D. 
Vacant lots. When a vacant lot occurs between the lots containing structures which are forward of the front setback line, development on the vacant lot may be set back from the street not less than the average of setbacks of the structures on either side of the lot to be developed.
E. 
Screenings. Where commercial uses are developed on properties abutting residential lots, the developer shall provide an opaque surfaced fence at least four feet in height upon planting along the common side or rear property line with the residential lots. Council may allow natural plantings or changes in grade along the common property line to serve as a screen or buffer in lieu of or in combination with a fence or hedge.
F. 
Hedges and fences as obstructions. At street corners, fences and hedges shall be held back to ensure adequate vision for drivers approaching the intersection on each street. No fence or hedge shall be erected or maintained to exceed a height greater than 2/3 the distance between the property line on which it is placed and a dwelling on the neighboring property.

§ 310-15 Building height.

A. 
Maximum height. No principal building shall exceed three stories or 35 feet in height, whichever is less, and accessory buildings shall not exceed 15 feet in height except for agricultural buildings.
B. 
Measurement of height. Height shall be measured as the vertical distance between ground level and the top of the wall or the top of the roof, using the wall with the lowest ground level. On a sloped-roofed building the top of the wall shall be considered as half way between the roof's eave line and ridge line.
C. 
Exceptions. Chimneys, church steeples, flagpoles, water tanks, silos and other farm buildings, mechanical equipment mounted on a roof or projections through a roof, communications equipment and other appurtenances not for human occupancy shall be exempt from the maximum height regulations.

§ 310-16 Home occupations.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Home occupations, where permitted in a district, may occur within any single-family dwelling, provided no additions to the structure are erected or changes in the outside appearance of the dwelling are made to accommodate the home occupation. The home occupation shall be operated by the residents of the dwelling. One off-street parking space for each 300 square feet of floor area devoted to the occupation shall be provided on the property.

§ 310-17 Apartments.

A. 
Any single-family dwelling in the Residential or Village Center Zone District may be converted to a two-family dwelling provided that after conversion each dwelling will have at least 600 square feet of floor area, its own toilet and washing facilities in a separate room, as well as a stove, refrigerator and food preparation areas; each dwelling has two means of egress directly to the outside as well as one off-street parking space, and if there is no connection of the building to public or community sewers, the Borough Sewage Enforcement Officer finds that the property will support a second dwelling unit.
B. 
Any new apartment constructed within a building erected in the Village Center Zone District shall have at least 450 square feet of floor area, its own toilet and washing facilities in a separate room, as well as a stove, refrigerator and food preparation area, and off-street parking space on the lot.

§ 310-18 Off-street parking in the Village Center and Highway Commercial Districts.

A. 
The owner of any business opened in the Village Center or Highway Commercial Zone Districts after adoption of this chapter shall provide on the same property as the business, one off-street parking space for each 300 square feet of floor area occupied by the new business. Such parking areas shall be covered with an all-weather dust- and mud-free surface but not necessarily paved.
B. 
Each parking space shall be at least 10 feet by 18 feet in area. Maneuvering to enter or leave a parking space shall not occur on a public street pavement except an alley with a right-of-width of 20 feet or less may be used. In the event apartments are developed over the business, one parking space shall be provided for each apartment on the property in addition.

§ 310-19 Signs.

[Amended 11-4-1991 by Ord. No 91-2]
A. 
The term "sign" shall mean any panel or any construction of interrelated parts projecting a message by words, symbols and/or pictures designed to be viewed by the public, but not including the support of the sign. The sign's area shall be the length times the width of the panel or all the area enclosed by connecting the outer extremities of the sign's interrelated parts, except the members supporting the sign.
B. 
No signs illuminated by a flashing, pulsating or intermittent source, no strings of bare bulbs and no signs lighted in such a manner as to create glare conditions on adjacent streets or properties shall to permitted. No sign shall extend to more than 35 feet above ground level. Nor shall any sign be placed upon the roof of a building or extend above the top of a wall of a flat-roofed building. No sign shall obstruct sight distances or create confusion for motorists.
C. 
Signs that are freestanding shall be placed only in yards abutting a street and not closer to an adjacent property than the width of the side yard in the zone district where the property is located. No sign shall extend into or over a street right-of-way.
D. 
A permit issued by the Code Enforcement Officer shall be required for any permanent sign exceeding six square feet in area. The permit application shall indicate the property owner's name, address and phone number and the location, height and elevation view of the proposed sign. Permit fees shall be established, from time to time, by resolution of Borough Council.
E. 
The following types of signs shall be exempt from permits but still subject to control of this subsection: real estate sales signs, signs advertising a public charitable or religious institution or event, signs erected by an agency of any level of government, safety zone or "no hunting" signs and temporary signs to be in place for 30 days or less.
F. 
The Code Enforcement Officer may order a sign or its structure repaired, or removed if it is unsafe or dilapidated or if the business or activity it advertises has been terminated at least 60 days. Sign owners that do not comply with the Code Enforcement Officer's written request within 30 days shall be subject to penalties under § 310-54.
G. 
In the Agricultural and Residential Zone Districts, signs may be freestanding, attached to a private lamppost or fence or attached flat to a building wall.
(1) 
The following types of signs are permitted:
(a) 
Property identification signs showing the name of a farm and/or residents of a property.
(b) 
Farm produce sales signs.
(c) 
Real estate sales signs.
(d) 
Signs identifying a home occupation, or contractors while at work on a construction project, or a public or semipublic institution or the entrance to a residential plan.
(e) 
Temporary signs advertising affairs of a cultural, religious, political or educational nature.
(f) 
Signs erected by a governmental body.
(2) 
Signs shall not exceed 32 square feet in area except that property identification signs, not including farm signs, and home occupation signs shall not exceed six square feet in area.
H. 
In the Village Center Zone District signs may be freestanding, attached to a private lamppost or fence, applied flat to a wall surface or hung from a wall if the sign does not project more than four feet from the wall surface and the bottom is at least seven feet above the ground. The following types of signs are permitted: all those allowed in the Agricultural and Residential Zone Districts and signs identifying a business on the same property as the sign. Freestanding or projecting signs shall not exceed 32 square feet in area each face, and wall signs shall not exceed 10% of the area of the wall to which they are attached. Signs may be illuminated from within or by an indirect source only.
I. 
In the Highway Commercial Zone District all kinds and types of signs allowed in the Village Center Zone District are permitted. Wall hung signs shall not exceed 32 square feet in area each face or project more than four feet from the wall surface. Freestanding signs shall not exceed 80 square feet each face. Wall signs shall not cover more than 10% of the wall surface to which attached. Signs may be illuminated from within or by an indirect source only.

§ 310-20 Special uses.

[Amended 11-4-1991 by Ord. No. 91-2; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The following uses, where permitted by Article III of this chapter, shall have the following supplemental requirements:
A. 
A day-care center to accommodate not more than eight persons not resident in the dwelling may be operated as a home occupation in any single-family dwelling occupied by the owner.
B. 
A boardinghouse in which not more than two boarders live in addition to the resident family may be operated as a home occupation in a single-family dwelling, provided the owner of the dwelling is a resident of the building and an off-street parking space is provided for each boarder on the lot.
C. 
A foster care facility in which not more than four persons placed by court order or by a state agency are resident, and supervised by a full-time staff person or persons, under license of the state, may occupy a single-family dwelling; provided at least five off-street parking spaces are provided on the lot.
D. 
A convalescent or retirement home licensed by the state may be operated in the Agricultural or Residential Zone District, provided there is not less than 8,000 square feet of lot area per resident, one off-street parking space is available for each two residents, and sewage disposal and water supply systems acceptable to DEP are installed.
E. 
Small business venture.
(1) 
The operator of the business shall reside on the same property as the business.
(2) 
All aspects of the business shall be carried on within an enclosed structure screened from view of adjacent residences by a fence, evergreen hedge, natural changes of grade, existing vegetation or any combination of these approved by Council.
(3) 
The business premises may expand but not more than double the land area it occupied initially and/or more than double the volume of the building containing it.
(4) 
One off-street parking space for each 300 square feet of inside area occupied by the business shall be provided.
F. 
Commercial or private recreation facility or private club.
(1) 
Acceptable types of activities shall be golf courses, golf driving ranges, riding stables, fishing lakes and similar activities as business ventures.
(2) 
Any club shall be a chartered fraternal, social, civic or professional organization and shall be operated for the benefit of its members only and not to make a profit.
(3) 
Any recreation facility shall have on the premises, when the facility is in use, portable or permanent men's and women's restrooms, attached to a sewage disposal system acceptable to the Sewage Enforcement Officer.
(4) 
Off-street parking areas sufficient to handle traffic on an average summer weekend day shall be provided on the premises.
G. 
Swimming pools.
(1) 
These regulations shall apply to any body of water at least six feet in cross dimension and at least one foot in depth that is not a farm pond or within an enclosed building.
(2) 
Fences, barriers and gates for swimming pools shall comply with the applicable requirements of the Uniform Construction Code.