Sellersville City Zoning Code

Odorous materials released from any operation or activity shall not exceed the odor threshold concentration beyond the lot line, measured either at ground level or habitable elevation.

Should any such odorous material contain toxic material, such airborne toxic matter shall not exceed 1/30 of the odor threshold at the appropriate points of measurement.

Where determinations can be made by the Code Enforcement Officer or other Borough employees using equipment normally available to the Borough or obtainable without extraordinary expense, such determinations shall be made before notice of violation is issued.

Where technical complexity or extraordinary expense makes it unreasonable for the Borough to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections of apparent violations of performance standards, protecting individuals from arbitrary, capricious and unreasonable administration and enforcement of performance standard regulations and protecting the general public from unnecessary costs for administration and enforcement.

Buffer yards shall be required for all commercial and industrial use when abutting or within residential districts.

Where arterial or collector streets or railroads serve as district boundaries, no buffering is required along such boundary.

Where streams, runs or other bodies of water serve as district boundaries, such body of water may serve to meet the buffering requirements, provided that it is approved by special exception.

Buffer yards shall be required for mobile home parks around the entire perimeter of the property.

Buffer yards shall be required along the perimeter of any development in the MR-1 Medium-Density Residential District-1; provided, however, that no buffer yard shall be required along a street right-of-way line.

Buffer yards shall be at least 15 feet in width, measured from the applicable lot line. Buffer yards shall be in addition to required front, side or rear yards unless otherwise indicated.

The portion of the buffer yard which is not occupied by screen plantings shall be planted with grass seed, sod or ground cover and maintained and kept clean of all debris, rubbish, weeds and tall grass in conformance with existing regulations.

No structure, manufacturing or processing activity or parking or storage of materials shall be permitted in the buffer yard.

Within all buffer yards, screening in accordance with Subsection C shall be included.

Plant materials used in the screen planting shall be of such species as will produce within two years a complete visual screen of at least six feet in height.

The screen planting shall be maintained permanently, and any plant material which does not live shall be replaced within 15 months.

The screen planting shall be so placed that, at maturity, it will be not closer than three feet from any street or property line.

In accordance with the provisions of § 160-68, a clear sight triangle shall be maintained at all street intersections and where private accessways intersect public streets.

The screen planting shall be broken only at points of vehicular or pedestrian access or utility easements prohibiting such planting.

In residential and commercial districts, outside storage and display areas shall occupy an area less than 1/2 of the existing building coverage.

In residential districts, outside storage and display areas shall be shielded from view from the public streets and any adjacent residences.

In all districts, one recreational vehicle or boat may be stored on a lot occupied by the owner of the vehicle, provided that such vehicle or boat is not stored in the front yard or on-street.

Automotive vehicles or trailers of any kind or type that are not in operable condition or are without current registration and inspection shall not be parked or stored in any residential zoning district for more than two weeks, unless the vehicle or trailer is parked within a completely enclosed accessory building. The only exception to this provision shall be the storage or parking of a small trailer, such as that used to transport a boat, motorcycle, pop-up camper or other such small equipment or device.

In commercial and industrial zoning districts, automotive vehicles (including truck trailers) or recreational vehicles of any type that are not in operable condition or are without registration and inspection must be parked or stored within completely enclosed accessory buildings, unless the vehicles or trailers are for sale at a sales agency dealing in automotive vehicles or recreational dwellings.

Vehicles and trailers that are used for storage of materials or goods that are registered, inspected and operable may be used for storage without a permit for up to 180 days in any calendar year. After this period, owners/operators of the vehicle or trailer must secure a permit from the Zoning Officer to continue the use. In order to secure the permit, the location of the vehicle or trailer must conform to all applicable zoning regulations treating the vehicle or trailer as a permanent structure.

That the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by Pennridge Airport.

That it is necessary in the interest of the public health, public safety, and general welfare of persons using Pennridge Airport that the creation or establishment of obstructions that are a hazard to air navigation be prevented.

That the prevention of the creation or establishment of hazards to air navigation, the elimination, removal, alteration or mitigation of hazards to air navigation or marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land.

Runway larger than utility visual approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

Transitional zones. The transitional zones are the areas beneath the transitional surfaces.

Horizontal zone. The horizontal zone is established by swinging arcs of 5,000 feet radii for all runways designated utility or visual and 10,000 feet for all others, from the center of each end of the primary surface of each runway, and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

Conical zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.

Runway larger than utility visual approach zone. Slopes 20 feet outward for each foot upward, beginning at the end of and at the same elevation as the primary surface, and extending to a horizontal distance of 5,000 feet along the extended runway center line.

Transitional surface zones. Slopes seven feet outward for each foot upward, beginning at the sides of and at the same elevation as the primary surface, and the approach surface, and extending to a height of 150 feet above the airport elevation, which is 568 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward, beginning at the sides of and the same elevation as the approach surface, and extending to where they intersect the conical surface.

Horizontal surface zone. Established at 150 feet above the airport elevation or at a height of 568 feet above mean sea level.

Conical surface zone. Slopes 20 feet outward for each foot upward, beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation, and extending to a height of 350 feet above the airport elevation or at a height of 918 feet above mean sea level.

Excepted height limitations. Nothing in this chapter shall be construed as prohibiting the construction or maintenance of any structure or growth of any tree to a height up to 35 feet above the surface of the land.

Regulations not retroactive. The regulations prescribed in this section shall not be construed to require the removal, lowering or other change or alteration of any nonconforming structure or otherwise interfere with the continuance of a nonconforming structure. Nothing contained herein shall require any change in the construction, alteration or intended use of any nonconforming structure, the construction or alteration of which was begun prior to the effective date of this chapter and is diligently prosecuted.

Marking and lighting. Notwithstanding the preceding provision of this subsection, the owner of any existing nonconforming structure is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Zoning Officer of Sellersville Borough, pursuant to guidelines and regulations adopted by the Federal Aviation Administration of the United States Department of Transportation, to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the owners of Pennridge Airport.

Future uses.

Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use to become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereto or than it is when the application for a permit is made. Before any nonconforming structure may be replaced, substantially altered or rebuilt or a nonconforming tree allowed to grow higher or be replanted, a permit must be secured authorizing the replacement or change.

Nonconforming uses abandoned or destroyed. Whenever the Zoning Officer of Sellersville Borough determines that a nonconforming use has been abandoned or more than 75% torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

Variances. Any person desiring to erect any structure or increase the height of any structure or permit the growth of any tree, or otherwise use his property in violation of the regulations prescribed in this chapter must apply to the Zoning Hearing Board of Sellersville Borough for a variance from such regulations. The application for a variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances may be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and the relief granted will not be contrary to the public interest, will not create an airport hazard, will do substantial justice and will be in accordance with the spirit of this chapter. Additionally, no application for a variance to the requirements of this chapter may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the owner or manager of Pennridge Airport for comments as to the aeronautical effects of the variance. If the owner or manager of Pennridge Airport does not respond to the application within 15 days after receipt, the Zoning Hearing Board may act on its own to grant or deny said application.

Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and reasonable under the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Zoning Hearing Board, this condition may be modified to require the owner to permit Pennridge Airport, at its own expense, to install, operate and maintain the necessary markings and lights.

Notwithstanding any other provision of law, either the Zoning Officer or the Zoning Hearing Board who may decide to grant a permit or variance under this chapter shall notify the Pennsylvania Department of Transportation of its decision. This notice shall be in writing, and shall be sent so as to reach the Department of Transportation at least 10 days before the date upon which the decision is to issue. Nothing in this subsection shall be construed as impairing the rights of any person to judicial review as provided under Article XIII, Amendments, of this chapter.