1.   Excavation and Removal of Top Soil: Excavation of top soil for the purpose of grading a site or preparing for the construction of a building foundation shall be allowed in all districts. Removal of top soil shall be allowed in all but the residential districts, where it shall remain on the site. Excavation and removal activities shall comply with the following:

      A.   Drainage: Any excavations for the removal of top soil 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.

      B.   Storage Piles: Unless specifically permitted, open excavations shall not be maintained, except for those excavations made for the erection of a building or structure for which a permit has been issued. All soil so stripped or otherwise excavated shall not be stored on a property for more than one (1) year before being redistributed and graded on the property or removed from the property.

      C.   Dust: Dust problems shall be minimized during the excavation, storage, removal, and hauling of excavated materials.

   2.   Flood Plains: (See the Shamokin Dam Borough Flood Plain Chapter.)

   3.   Home Gardening, Nurseries and Greenhouses: Home gardening and accessory structures used for nurseries or 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.

   4.   Home Occupations: A single home occupation shall be permitted as an incidental use of a dwelling unit or of a building or other structure accessory to a dwelling unit, provided that such home occupation is conducted by a person or persons residing in the dwelling unit who may employ not more than one (1) non-resident person working on the premises. Not more than twenty-five percent (25%) of the building floor area (including the floor areas of both the principal and accessory structures) shall be used for the home occupation.

   The exterior appearance of the structure or premises shall be maintained in its residential character with the home occupation conducted entirely within the enclosed structure and with no goods publicly displayed on the premises other than a sign indicating the presence of the home occupation. The home occupation shall not involve display windows, frequent truck deliveries, or the production of offensive noise, smoke, vibration, dust, odors, heat, or glare. Off-street parking requirements for both dwelling and home occupation uses shall be fulfilled in accordance with the regulations of Part 8.

   Home occupations may include beauty and barber shops, dressmaking and tailoring shops, small appliance and lawnmower repair, tutoring and music instruction for not more than two (2) students at a time, and catalogue order and mail order sales limited to cosmetics, kitchen wares, household cleaning products, clothing, and clothing accessories and gift items wherein the storage of items for sale is limited to fifteen percent (15%) of the building floor area (including the floor areas of both the principal and accessory structures). This list is not all inclusive, but is intended to serve as a guideline.

   Home occupations may also include an office or studio of a physician, dentist, artist, photographer, architect, engineer, accountant, surveyor, lawyer, realtor, insurance salesperson, or a member of some other similar recognized profession. This list is not all inclusive, but is intended to serve as a guideline.

   5.   Non-Conforming Structures and Uses.

      A.   Continuation: Any lawful use of any dwelling, building, structure, or land 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.

   A "certificate of non-conformance" shall be issued by the Zoning Officer for all structures and uses which do not conform to the provisions of this Chapter, The Zoning Officer shall maintain a map and register showing the registration, identity, and location of non-conforming uses for which "certificates of nonconformance" have been issued. The Zoning Officer shall also examine such non-conforming uses periodically to determine that they do not expand beyond the limitations prescribed in this Chapter.

      B.   Change of Use: The Zoning Hearing Board may grant a special exception for a change from one non-conforming use to another non-conforming use if it finds that the following are met: i) the proposed change will be less objectionable in external effects than the previous non-conforming use and will be more consistent physically with its surroundings; ii) no increases in traffic generation or congestion, including both vehicular and pedestrian traffic, will result from the change; iii) no increase in noise, smoke, dust, fumes, vapor, gases, heat, odor, glare, vibration, or electrical disturbances will result from the change; and iv) no increased threat to health by reason of rodent infestation or otherwise will result from the change.

      C.   Extension of Use: The Zoning Hearing Board may grant a special exception for an extension of a non-conforming use if it finds that all of the following standards are met: i) the yard and coverage requirements for the District in which it is located are not violated; ii) all off-street parking and loading requirements applicable to the use are retained; iii) no more than one enlargement of a non-conforming use or structure is made; and iv) the extension is no more than thirty-three percent (33%) of the floor or land area as it existed at the time the structure or use first became non-conforming.

      D.   Abandonment of Use: If a non-conforming structure or use is abandoned or discontinued for a continuous period of one (1) year, it shall not again be used except in conformity with the regulations of the District in which it is located.

      E.   Structures Condemned: A non-conforming structure which has been legally condemned shall not be rebuilt or used in accordance with the provisions of this Chapter.

      F.   Restoration of Structure or Use: A non-conforming building or other structure which has been damaged or destroyed by fire, explosion, windstorm, flood or other similar active cause may be rebuilt.

      G.   Non-Conforming Use of Open Land: All non-conforming signs, billboards, junk storage areas, storage areas, and similar non-conforming use of open land, when discontinued for a period of ninety (90) days or damaged to an extent of sixty percent (60%) or more of replacement costs, shall not be continued, repaired or reconstructed.

   6.   Off-Street Parking and Loading.

      A.   Size of Off-Street Parking Spaces: Each off-street parking space shall have an area of not less than one hundred seventy-one (171) square feet and have dimensions of nine (9) feet in width and nineteen (19) 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 (3) spaces. Open parking areas shall be calculated as yard area.

      B.   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 building, 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. The 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.

      C.   Location of Parking Spaces: 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 four hundred (400) feet of the boundary of the property of the principal use.

      If the spaces are on another lot, such spaces shall be subject to deed restrictions filed in the County Office of the 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.

      D.   Size of Off-Street Loading Spaces: Each off-street loading space shall be a minimum of seventy (70) feet in length, twelve (12) feet in width, and have an overhead clearance of at least fourteen (14) feet.

      E.   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 an access drive leading to the parking or storage areas or loading spaces. Such access drive shall be not less than ten (10) feet in width in the case of a dwelling, and not less than twenty (20) feet in width in all other cases. Access to offstreet parking areas shall be limited to several well-defined, separate or common access points which shall comply with the following:

         (1)   Access drives for dwellings shall not open upon any public right-of-way within sixty (60) feet of the nearest rightof- way line of any intersecting public street or highway; in all other cases it shall be ninety (90) feet.

         (2)   Access drives shall not open upon any public right-ofway where the sight distance in either direction along the public thoroughfare would be less than five hundred (500) feet when the posted speed limit is greater than 35 miles per hour; however, when the posted speed limit is 35 miles per hour or less, the sight distance requirement may be reduced to two hundred fifty (250) feet.

         (3)   In no case shall there be unrestricted access along the length of a street or alley.

      F.   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, hence, for flood protection, to reduce the level of carbon dioxide and to return oxygen to the air, to provide shade and reduce blighting effects of parking lots, and to preserve property values of adjacent properties, and to improve the appearance of the community.

         (1)   Off-street parking areas for more than five (5) vehicles and all off-street loading areas shall abide by the following:

            (a)   Such areas shall be effectively screened by a planting strip at least five (5) feet in depth along all abutting property lines. The planting strip shall include a solid wall or a substantial, attractive, tight fence or evergreen hedges a minimum of four (4) feet in height, and other shrubbery, vines, flowers, grass, and other foliage.

            (b)   A planting strip at least ten (10) feet in depth shall be located between the parking lot and abutting rightof- way except for accessways crossing the strip. Such a strip shall contain one (1) shade tree for each forty (40) linear feet of the strip, and no tree shall be less than eight (8) feet in height at the time of planting. The planting strip shall also contain shrubbery, vines, flowers, grass and other foliage.

            (c)   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 as necessary.

            (d)   Any parking lot or loading area which qualifies as a non-conforming use upon enactment of this Chapter shall comply with the requirements for screening and landscaping upon any enlargement, extension, reconstruction or structural alteration.

         (2)   Off-street parking areas for twelve (12) or more vehicles shall abide by the following;

            (a)   All regulations in (F) (1) above; and

            (b)   The interior of a parking lot, in addition to all border planting strips, shall contain planting areas dispersed throughout with not less than five percent (5%) of such interior area in landscaping. Such planting areas shall contain shade trees, with no tree less than eight (8) feet in height at the time of planting, shrubbery, vines, flowers, grass and other foliage. No interior area of a parking lot shall be without at least one shade tree.

      G.   Parking Lot Surfacing: Surfacing for commercial, industrial, and multi-family residential lots shall consist of asphaltic binder pavement graded and drained to dispose of all surface water and designed to provide for orderly and safe loading and parking. Such pavement shall consist of a six-inch 2-A sub-base, a two-inch ID2 binder course, and a one-inch ID2 wearing course.

      Residential parking spaces for single- and two-family dwellings shall be of either stone, asphalt, or concrete.

      H.   Parkins Lot Lighting: Any lighting used to illuminate off-street parking or loading areas shall be arranged so as to reflect the light away from adjoining premises and public rights-of-way.

      I.   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.

         (1)   Parking for Residential Uses

            (a)   Single-family houses and mobile homes shall be provided with two (2) 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.

            (b)   Two-family houses (duplexes and flats) shall be provided with two (2) 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.

            (c)   Townhouses and garden apartments and multi-family low-rise apartments shall be provided with a minimum of two (2) parking spaces per dwelling unit.

            (d)   Multi-family mid-rise apartments shall be provided with a minimum of one and a half (1½) parking spaces per dwelling unit.

            (e)   Residential conversion units shall be provided with a minimum of two (2) spaces per dwelling unit.

            (f)   Dwellings related directly to certain businesses and those over or attached to business establishments shall be provided with a minimum of one (1) parking space per dwelling unit in addition to all spaces required for the business.

            (g)   Rooming or boarding houses and tourist homes shall be provided with a minimum of one (1) parking space for each guest room and two (2) for the resident manager.

         (2)   Parking for Public and Semi-Public Uses

            (a)   Places of 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 (1) parking space for every three (3) seats provided for assembly.

            (b)   Elementary and secondary public and parochial schools shall be provided with one (1) parking space for each fifteen (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 in (1) above.

            (c)   Nursing and convalescent homes shall be provided with one (1) parking space for every three (3) beds plus one (1) space for each employee on the largest shift.

            (d)   Clinic and medical, osteopathic, chiropractic, or dental offices shall be provided with five (5) patient spaces per doctor and one (1) space for each staff member.

            (e)   Commercial schools such as art, music, dancing, photography, business, and technical trade schools shall be provided with one (1) parking space for every five (5) classroom seats.

            (f)   Nursery and day-care centers for children shall be provided with one (1) space for each employee and an off-street loading and unloading area to accommodate one (1) space for each six (6) children cared for in the center.

            (g)   Community centers, municipal administration buildings, libraries, and similar places shall be provided with one (1) space for every one hundred (100) square feet of floor area in public use.

            (h)   Public utility buildings and structures which are unmanned, 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 (2) parking spaces per facility.

            (i)   Public and public utility maintenance garages and storage yards shall be provided with one (1) parking space per employee assigned to work at such facility.

            (j)   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 in (1) above. Where no spectator seating accommodations are involved, the facility shall be provided with two (2) parking spaces per swimming lane when a pool is present, two (2) parking spaces per playing court when such facilities are provided, and one (1) parking space for each two thousand (2,000) square feet of area or fraction thereof in the recreation site.

         (3)   Parking for Commercial Uses

            (a)   Retail stores or shops shall be provided with on (1) parking space for every two hundred (200) square feet of floor space used for sales purposes and one (1) space for each employee.

            (b)   Supermarkets, grocery stores, and dairy stores shall be provided with one (1) parking space for every two hundred (200) square feet of floor space used for sales purposes and one (1) space for each employee.

            (c)   Eating and drinking establishments, social halls, clubs , and lodges and other places serving food and beverages shall be provided with one (1) parking space for every two and one-half (2 ) seats for patron use and one (1) space for each employee.

            (d)   Drive-in and fast-food restaurants shall be provided with one (1) space for every fifty (50) square feet of floor area and one (1) space for each employee.

            (e)   Bowling alleys shall be provided with five (5) parking spaces for each pair of lanes and one (1) space for each employee.

            (f)   Skating rinks shall be provided with one (1) space for every one hundred (100) square feet of skating area and one (1) space for each employee.

            (g)   Billiard and pool rooms shall be provided with two (2) spaces per billiard or pool table and one (1) space for each employee.

            (h)   Golf driving ranges shall be provided with one (1) parking space per tee and one (1) space for each employee.

            (i)   Miniature golf ranges shall be provided with one (1) space per hole and one (1) space for each employee.

            (j)   Golf courses shall be provided with six (6) spaces per hole and one (1) space for each employee.

            (k)   Other open space areas for commercial purposes shall be provided with one (1) parking space for each two thousand (2,000) square feet of area or fraction thereof.

            (l)   Animal hospitals shall be provided with five (5) client/ patron spaces per veterinarian and one (1) space for each employee.

            (m)   Animal kennels shall be provided with one (1) parking space for every three (3) kennel runs and one (1) space for every employee.

            (n)   Office buildings shall be provided with one (1) parking space for each two hundred (200) square feet of floor area or fraction thereof.

            (o)   Professional offices and banks shall be provided with one (1) space for each two hundred (200) square feet of floor area or fraction thereof.

            (p)   Funeral homes and crematories shall be provided with fifteen (15) parking spaces for each viewing parlor plus one (1) space for each employee.

            (q)   Motels and hotels shall be provided with one (1) parking space for each unit for overnight accommodations and one (1) space for each employee on the largest shift plus all spaces required for restaurants or other uses accommodated. [See (c) above.]

            (r)   Barber and beauty shops and hair styling shops shall be provided with two (2) parking spaces per shop plus one and one-half (1½) per chair and one (1) for each employee.

            (s)   Self-service dry cleaning establishments and laundromats shall be provided with one (1) parking space for each two (2) washing, drying, and cleaning machines.

            (t)   Home occupations shall be provided with two (2) parking spaces for each dwelling unit, one (1) space for each nonresident employee, and one (1) space per patron.

            (u)   Appliance repair, shoe repair, and tailoring and dressmaking shops shall be provided with one (1) parking space for each two hundred (200) square feet of floor area or fraction thereof.

            (v)   Vehicular sales and body repair and service garages shall be provided with one (1) exterior parking space for each two hundred (200) square feet of interior floor area plus one (1) space for each employee on the largest shift.

            (w)   Gasoline service stations and car washes shall be provided with one (1) parking space for each employee on the largest shift.

            (x)   Other commercial buildings shall be provided with one (1) parking space for every three hundred (300) square feet of floor area, or fraction thereof.

         (4)   Parking for Industrial Uses

            (a)   Industrial, wholesale and warehouse establishments, truck terminals, manufacturing plants, public utility generating stations, and research and testing laboratories, etc., shall be provided with one (1) parking space for each two (2) employees on the maximum shift, plus one (1) parking space for each one thousand (1,000) square feet of floor area. But in any case, the total parking area shall not be less than twenty-five percent (25%) of the building floor area. 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.

      J.   Parking Prohibitions: Required parking spaces shall not be met by spaces on any street right-of-way.

      K.   Loading Facilities Required: Any structure used for public and semi-public uses and for commercial and industrial uses shall be provided with loading and unloading spaces 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.

   7.   Signs: Signs may be erected and maintained only when in compliance with the provisions of this Part 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.

      A.   General Regulations

         (1)   Signs must be constructed of durable material, maintained in good condition, and not be allowed to become dilapidated.

         (2)   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.

         (3)   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.

         (4)   No sign shall project over a public sidewalk area more than eighteen (18) inches.

         (5)   Overhead signs shall be at least nine (9) feet high, measured from the ground or pavement to the bottom-most part of the sign.

         (6)   No sign shall exceed the maximum height of a building permitted in the district in which the sign is located.

         (7)   No permit shall be required for the erection, alteration, or maintenance of any signs permitted in residential districts, except for temporary signs as provided for in (15) below.

         (8)   A permit shall be required for the erection or alteration of commercial and industrial identification signs and temporary signs [See (15) below] in commercial and industrial districts.

         (9)   Advertising painted upon, or displayed upon a building, structure, wall or rock surface shall be regarded as a sign, and the regulations pertaining thereto shall apply.

         (10)   Each sign shall be removed when the circumstances leading to its erection no longer apply.

         (11)   In all districts, only those residential signs and commercial and industrial identification signs referring directly to services provided or materials or products made, sold, or displayed on the premises shall be permitted. Such signs shall comply with all other requirements, as stated herein, for the district in which they are erected.

         (12)   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.

         (13)   Signs for which illumination is permitted shall have the light confined to the surface of the sign and directed so as to avoid glare or reflection which could endanger highway or street traffic and which could create a nuisance for adjacent residences.

         (14)   Signs which emit objectionable or excessive noise created by electric current or air movement shall not be permitted.

         (15)   A temporary sign made of paper, cardboard, or similar material and intended to attract public attention shall not be attached to any lamp post, utility pole, shade tree, or public structure or building except as authorized by permit from the Zoning Officer. Such signs shall include political posters and notices of bazaars, picnics, and other such functions conducted by charitable and non-profit groups. When such signs are permitted, they shall not be posted sooner than forty-five (45) days before the date of the event advertised, and they shall not remain posted for more than thirty (30) days after the date of the event is advertised. The permit fee of thirty dollars ($30) shall be required, which fee shall be returned if and when the signs are taken down in the time period allowed.

         (16)   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 should not include the supports.

         (17)   There shall be no signs on the roof of any structure, except as otherwise provided herein. [Ord. 94-3]

      B.   Signs in Residential and Open Reserve Districts

         (1)   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: i) the size of any such sign is not in excess of six (6) square feet; and ii) not more than one (1) such sign is placed upon any property in single and separate ownership, unless such property fronts upon more than one street, in which case one (1) such sign may be erected on each frontage.

            i)   The signs shall be set back at least ten (10) feet from any public right-of-way line. The signs shall be removed from the premises within thirty (30) days after the sale or rental of the property.

         (2)   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: i) the size of any such sign shall not be in excess of six (6) square feet, and not in excess of four (4) feet in length; and ii) not more than one (1) such sign shall be erected on each five hundred (500) feet of street frontage. The signs shall be set back at least ten (10) feet from any public right-of-way line. The signs shall be removed from the premises within thirty (30) days after the last lot or home is sold.

         (3)   Signs advertising the sale of lots in a subdivision in which the sign is to be located may be erected and maintained, provided: i) the size of the sign shall not be in excess of sixty (60) square feet in area; and ii) not more than one (1) such sign shall be erected in any subdivision. The signs shall be set back at least thirty-five (35) feet from any public right-of-way line. The signs shall be removed from the premises within thirty (30) days after the last lot is sold.

         (4)   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 (1) above are complied with.

         (5)   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: i) the size thereof shall not be in excess of twelve (12) square feet; and ii) not more than one (1) such sign shall be allowed on any property. Such a sign shall be removed upon completion of the work.

         (6)   Trespassing signs and signs indicating private ownership of a driveway or property may be erected on the premises to which they refer, provided: i) the size of any sign shall not exceed two (2) square feet; and ii) signs shall be spaced at intervals of not less than one hundred (100) feet of street frontage.

         (7)   Signs of schools, places of worship, clinics, day-care centers, or other institutions of a similar nature may be erected or maintained provided: i) the size of any such sign shall not be in excess of forty (40) square feet; and ii) not more than one (1) 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 (1) such sign may be erected on each frontage. Such sign shall be set back at least ten (10) feet from any public right-of-way line.

         (8)   Signs indicating professional offices or home occupations of the occupants of dwellings shall not exceed one and a half (1i) square feet and shall be limited to one (1) sign per dwelling. Such sign may include the name, occupation, address, logotype and trade mark.

         (9)   Official traffic or street name signs may be erected only by, or with the written approval of, municipal officials.

         (10)   Signs necessary for the identification, operation or protection of public utility facilities and municipal uses shall be permitted provided; i) the size of the sign shall not be in excess of eight (8) square feet; and ii) the sign shall be located on the same premises as the use to which it refers. Such signs shall be set back at least ten (10) feet from any public right-of-way line.

         (11)   Signs indicating the name of the owner or number of the premises, or the name of the premises itself, shall be permitted provided: i) such sign shall not exceed one and a half (1½) square feet; and ii) not more than one (1) such sign shall be erected on any premises. Such sign shall be set back at least ten (10) feet from any public right-of-way line.

         (12)   Temporary signs shall be permitted as provided in Subsection (A) (15) above.

      C.   Signs in Commercial and Industrial Districts

         (1)   Any sign permitted in any Residential and Open Reserve District shall also be permitted in any Commercial and Industrial

District.

         (2)   Signs in Commercial, Neighborhood District (C-2) may be erected and maintained provided: (a) the sign shall be on the same premises to which it refers; (b) it shall not exceed twelve (12) square feet; and (c) not more than one (1) such sign shall be allowed on any property. The sign shall be set back at least ten (10) feet from any public right-of-way line.

         (3)   Signs in the Highway Commercial (C-1) and Industrial (I) Districts may be erected and maintained provided: (a) the sign shall be on the same premises as the activity to which it refers; (b) free standing signs totaling one hundred (100) square feet per face for the first two hundred (200) linear of major street frontage and additional fifty (50) square feet per face for each additional one hundred (100) linear feet of major street frontage shall be allowed per lot; (c) one (1) free standing sign shall be allowed per lot unless major street frontage of the lot is more than six hundred (600) linear feet, in which case not more than two (2) free standing signs shall be allowed per lot; (d) in addition, building signs having a total square footage of no more than one (1) square foot per linear foot of building face on which building face such business signs are attached shall be allowed; provided, such signs are on or attached to the building face and flush therewith; (e) in lieu of, or as part of, the building signs, no more than one (1) sign attached to the roof of the principal structure shall be allowed; provided, the sign does not extend above the top of the roof and the sign contains only the name of the business, the business logo or other appropriate identification of the business conducted on the premises.

         (4)   In shopping centers, in addition to signs permitted for individual establishments, one (1) sign shall be permitted in each such center indicating the name of the shopping center and establishments located therein. Such sign shall not exceed three hundred (300) square feet and shall not be located within one hundred (100) feet of any existing principal building on an adjoining residential lot. In addition, each establishment located in the shopping center may have its own identification sign; provided, such sign is attached to the building in which the activity is located and is no larger than seventy (70) square feet or/square foot per linear foot of building face for larger buildings attached to the building face and flush therewith.

         (5)   Signs within display windows shall not be considered a part of the permitted sign area unless such signs are illuminated, in which case the area shall be considered part of the permitted sign area.

         (6)   Temporary signs shall be permitted as provided in subsection (A) (15) above.

[Ord. 94-3.]

   8.   Swimming Pools (Private): Private swimming pools in districts where permitted shall comply with the following conditions and requirements:

      A.   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.

      B.   The pool shall be located in either the rear or side yard of the property on which it is an accessory use.

      C.   The pool, not including any walks or paved areas or accessory structures adjacent thereto, shall not be located closer than ten (10) feet to any property line of the property on which it is located. [Ord. 99-3]

      D.   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 six (6) feet in height, and it shall be maintained in good condition.

      E.   Repair or replacement of fencing on existing pools shall conform to these requirements.

   9.   Construction Dumpsters Prohibited Without Permit in R-1 Zones.

      Large size construction dumpsters in R-1 Zones are prohibited except for use in conjunction with a permit for construction or demolition and shall be removed when the permit has expired and in no case shall the use of such construction size dumpsters exceed (6) months. Under no circumstances shall such dumpster be used to collect any organic waste and shall be limited to use for the collection of construction and demolition debris. For purposes of this Part a large size construction dumpster shall be defined as any dumpster holding five (5) cubic yards or more of debris. [Ord. 04-10]

(Ord. 87-8, 12/10/1987; as amended by Ord. 94-3, 4/4/1994, §§1, 2; by Ord. 99-3, 1/4/1999, §1; and by Ord. 04-10, 11/1/2004, §1)

   1.   Non-Conforming Lots of Record: In any district in which singlefamily 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.

   Where two (2) or more adjacent lots with less than the required area and width are held by one (1) owner, the request for a zoning permit shall be referred to the Zoning Hearing Board, which may require the owner of said lots to resubdivide 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.

   2.   Reduced Lot Area: No lot shall be so reduced in area so that any yard or area requirements will be smaller than that prescribed in the regulations for the district in which the lot is located.

   3.   Residential Habitable Floor Area: All dwelling units hereafter created shall have the following minimum floor areas: efficiency unit, five hundred (500) square feet; one-bedroom unit, six hundred fifty-five (655) square feet; two-bedroom unit, nine hundred (900) square feet; three-bedroom unit, one thousand one hundred twenty- five (1,125) square feet; four-bedroom unit, one thousand three hundred thirty (1,330) square feet; and for every additional bedroom, an additional two hundred (200) square feet.

(Ord. 87-8, 12/10/1987)

   1.   Fences and Walls: A fence or wall a maximum of six (6) 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 thirty-six (36) inches in height shall be permitted, except as provided in Section 803(9) below.

   2.   Fire Escapes: Open fire escapes shall not extend into any required yard more than four and one-half (4%) feet.

   3.   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.

   4.   Patios: A paved patio shall not be considered in the determination of yard sizes or lot coverage if such patio is unroofed and without walls, parapets, or other form of enclosure and does not encroach within ten (10) feet of any property line.

   5.   Porches and Decks: Any porch or deck of more than four and one-half (41/2) feet in depth shall not encroach within ten (10) feet of any side yard and within twenty (20) feet of any rear yard.

   6.   Projecting Architectural Features: Chimneys, cornices, eaves, gutters, and bay windows and similar architectural features may extend not more than three (3) feet into any required yard.

   7.   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.

   8.   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 structures be limited to one and one-half (1 1/2) stories or fifteen (15) feet. However, in no case shall an unattached accessory structure be permitted closer than three (3) feet to a property line. [Ord. 99-3]

   9.   Visibility at Intersections: On any corner lot in any district no fence, wall, hedge, or other structure or planting more than thirty (30) inches higher than the road surface shall be erected or maintained within fifty (50) feet of the "corner" so as not to interfere with traffic visibility across the corner.

(Ord. 87-8, 12/10/1987; as amended by Ord. 99-3, 1/4/1999, §1)

   1.   Height Exceptions: The height limitations of this Chapter shall not apply to church spires, belfries, cupolas, and domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, fire towers, bulk heads, and similar features; nor to silos, barns and other farm buildings and structures; nor to any accessory mechanical appurtenances usually carried above the roof level.

   2.   Ornamental Features: The provisions of this Chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five (5) feet.

(Ord. 87-8, 12/10/1987)