Tatamy City Zoning Code

SUPPLEMENTARY REGULATIONS

§ 155.150 FRONTAGE ONTO IMPROVED STREETS; NUMBER OF USES OR BUILDINGS.

(A) Frontage required onto improved street.

(1) Every principal building shall be built upon a lot with permanent access upon a public street or upon a private street improved to meet borough standards, including a street right-of-way, or for which such improvements have been insured by the posting of a performance guarantee pursuant to Chapter 154 of this code of ordinances. In the case of townhouses or garden apartments, this requirement may be met by access onto a parking court which has access onto such street.

(2) If a pre-existing lawful lot only has access onto an existing private street that does not meet borough standards and the improvement of that street is reasonably beyond the control of the applicant, the lot may be used for a single permitted by right use, but no new lots shall be created that will not be able to meet this requirement,

(3) If an applicant only owns and/or controls land on one side of a street, such applicant is only responsible for:

(a) Improvements along the side of the street that the applicant controls;

(b) Paving of the cartway on the portion of the street from the centerline of the right-of-way to the applicant’s property;

(d) Any needed storm water improvements on both sides of the street.

(B) Multiple occupancy. Occupancy of a principal commercial or industrial building by more than one permitted use is specifically allowed; provided that, all other requirements of this chapter are satisfied.

(Ord. passed 2-4-1991, § 801)

§ 155.151 HEIGHT EXEMPTION; AIRPORT APPROACHES.

(A) The maximum structure height specified for each district shall not apply to farm silos, communications towers, amateur radio antenna, water towers, belfries or steeples of places of worship, electrical transmission lines, elevator shafts, windmills, chimneys or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy. For these exempted structures, the maximum height shall be 250 feet above the average surrounding ground level.

(B) At a minimum, any structure proposed to have a height of 75 feet or more above average surrounding ground level shall present sufficient information to the Zoning Officer to prove that the structure would comply with all applicable federal, state and borough requirements regarding airport approaches and warning lights.

(Ord. passed 2-4-1991, § 802)

§ 155.152 SPECIAL LOT AND YARD REQUIREMENTS, SIGHT DISTANCE AND BUFFER YARDS.

(A) Generally.

(1) In general. No lot, structure or use shall be created or developed in such a way that it would result in another lot, building or use not being able to meet the requirements of this chapter. This includes, but is not limited to, setback areas, non-impervious areas and off-street parking areas.

(2) Emergency access. All uses and structures shall have adequate provisions for access by emergency vehicles.

(3) Setbacks not applicable. See exemptions for certain structures in § 155.137 of this chapter.

(4) Accuracy. The applicant is responsible to make sure that all measurements submitted to the borough are accurate.

(B) Exceptions to minimum lot areas, lot widths and yards.

(1) Non-conforming lots. See § 155.155 of this chapter.

(2) Through lots. Any lot having frontage on two approximately parallel streets (not including an alley) shall provide a required front yard setback abutting each of these streets.

(3) Corner lots. Setback areas equal to the minimum front yard setback shall be provided along all portions of a corner lot abutting any public street, except where the applicant proves to the satisfaction of the Zoning Officer that the provision of a smaller setback of a different yard for a residential building will conform with the clearly prevailing yard pattern on existing developed adjoining lots fronting on the same street.

(4) Projections into required yards. Cornices, eaves, sills or other similar architectural features, exterior stairways, fire escapes or other required means of egress, rain leads or chimneys or other similar structures that do not include space usable by persons may extend or project into a required yard not more than three feet, except as may be required under a drainage or utility easement.

(5) Septic systems. Nothing in this chapter shall prevent the Municipal Sewage Enforcement Officer from requiring a minimum lot area larger than what is stated in this chapter to carry out state and borough sewage regulations.

(6) Previously approved setbacks. Where a residential subdivision was granted final approval prior to the adoption of this chapter, and the lawful setbacks in effect at such time are shown on the approved plans, those approved setbacks may apply in place of the setbacks in this chapter.

(7) Improved lots. In any residential zoning district where more than 75% of the residential block frontage has been improved prior to the effective date of this chapter with buildings having front yards of less depth than that required for the particular zoning district, then, the required front yard setback may be decreased for such block to not less than the minimum of the majority of such buildings. Once established, this minimum building setback shall be regarded as the front setback for that block and maintained as such.

(1) Sightlines at intersections.

(a) To ensure that traffic passing through an intersection or turning onto a street can safely see oncoming traffic.

(b) A triangular area as described in this section shall be graded and shall be kept free of sight obstructions between the ground level and a height of eight feet, including structures non-transparent fences, vegetation and signs (but not including sign posts of less than one feet in width or the trunks of deciduous trees).

(c) This sight distance triangle shall be shown on an official site plan and on any record plan that may be required. Such triangle shall serve as a permanent setback line for all such visual obstructions and shall be binding upon present and future owners of the land.

(d) If a driveway, accessway or street would enter onto a state street, the required sight distance shown on the official plan shall be the applicable minimum sight distance required by PennDOT.

(e) If minimum sight distance requirements would not be established by PennDOT, then the sight distance triangle shall be as follows: the triangle shall be measured based upon the intersecting point of the centerlines of the street receiving the traffic and the entering street, accessway or driveway. The sight distance triangle shall be established by a distance along the centerline of the receiving street (established below) and a distance (measured along the centerline of the entering street, accessway or driveway) 25 feet back from the edge of the existing right-of-way of the receiving street. The following distances shall be used along the centerline of the receiving street in each direction from the intersection to establish the sight distance triangle:

1. Three hundred fifty feet along the centerline of any arterial street;

2. Two hundred seventy-five feet along the centerline of any collector street; and

3. Two hundred feet along the centerline of any local street.

(f) These sight distance requirements shall apply to all intersections involving a public street and another street, accessway or driveway, except these requirements shall not apply to an individual driveway serving only one or two dwelling units that enters onto a local or collector street.

(g) A sight distance approach to an intersection triangle shall apply for each direction of approach.

(2) Buffer yards. Buffer yards and screening complying with the following standards shall be required under the following situations.

(a) Buffer yard width. When required, screening shall be required in the buffer yards with evergreen following situations:

Buffer Yard to be Provided by the Following	When the Use Providing the Screening and Buffer Is	Width of Required Buffer Yard (in feet)
Any newly developed or expanded industrial use or industrial storage or loading area	Abutting a residential district or within 250 feet of an existing dwelling	50
Any newly developed or expanded commercial use	Abutting a residential district or within 250 feet of an existing dwelling	50

Any newly developed or expanded industrial outdoor storage or area routinely used for the parking of 4 or more tractor-trailers	Abutting the existing right-of-way of an expressway, arterial or collector street	20, unless such area would be completely screened from view of such streets by buildings
Any use	Required to provide a buffer yard under another section of this chapter	20, unless stated otherwise

(b) Location of buffer yards.

1. The buffer yard shall be measured from the district boundary line, future street right-of-way line or lot line, whichever is applicable.

2. Buffer yards shall not be within an future street right-of-way and shall be in addition to that right-of-way.

3. The buffer yard may include areas within a required front, side or rear yard or a paved area setback area provided the larger yard requirement shall apply in case of conflict.

4. A business use shall not be required to provide a buffer yard for an adjacent residential use or district if they are separated by an expressway.

1. The buffer yard shall be a landscaped area free of structures, dumpsters, commercial or industrial storage or display, manufacturing or processing activity, materials, loading and

unloading areas or vehicular parking. No new driveways or streets shall be permitted in the buffer yards, except at points of ingress or egress.

2. Maintenance: in all buffer yards, all areas not covered by trees and shrubs shall be well-maintained in an all-season natural ground cover (such as grass) and shall be kept free of debris and rubbish and shall not involve grass more than eight inches in height.

3. Preservation of existing vegetation or slopes: where a buffer yard would be required and an existing tree line, thick vegetation or steep slopes presently serves as a natural buffer, this buffer shall be maintained for the width required under § 155.152(D)(1) of this chapter. If this requirement is violated, the applicant shall be required to plant a buffer yard that will be closely similar in effect, density and character to the buffer yard that was removed.

4. If a substantial natural berm or slope or dense vegetation will be maintained and will be substantial enough to meet the buffer provisions of this section, or if topographic conditions or the creation of berming by the developer would clearly relieve the need and cause for screening, the Zoning Officer may waive the required evergreen screening.

5. Fence: any fence that may be constructed shall be on the inside of any required evergreen screening.

(d) Planting screen.

1. Each buffer yard shall include a planting screen of trees or shrubs extending the full length of the lot line. Required screening shall be of permitted types of evergreen shrubs and trees. In addition, planting screens shall include an average of one deciduous shade tree for every 50 feet of length of the buffer yard. Such shade trees may be the same as any street trees that may be required in that location by borough ordinances. Such shade trees shall meet the requirements for such trees listed in § 155.197 of this chapter.

2. Each planting screen shall be in accordance with the following requirements.

a. Required evergreen plant materials shall have a minimum height when planted of three feet.

b. Plant materials used in the planting screen shall be of such species, spacing and size as can reasonably be expected to produce, within five years, a solid year-round visual screen at least six feet in height.

c. The planting screen shall be permanently maintained by the landowner and any plant material that is not alive one year after planting shall be replaced.

d. The planting screen shall be so placed that at maturity it will be at least eight feet from any cartway and will not grow over an exterior lot line.

e. The planting screen shall be broken only at points of vehicular or pedestrian access and shall comply with the sight distance requirements of division (C) above.

f. Evergreen trees (as opposed to shrubs) shall be planted at off-sets to allow space for future growth, as seen in the sketch below.

(e) Plans.

1. Prior to the issuance of a permit under this chapter where a buffer yard would be required, and on any required subdivision or land development plan, the applicant shall submit plans showing:

a. The location and arrangement of each buffer yard;

b. The placement, general selection of species and initial size of all plant materials; and

c. The placement, size, materials and type of all fences to be placed in such buffer yard.

2. The Zoning Officer shall review such plans to determine that the plans are in conformance with the terms of this chapter.

(f) Species of plants. Evergreen trees and shrubs shall be of the following species, unless applicant proves to satisfaction of the Zoning Officer that a substitution would be appropriate. If more than 25 evergreen plants are proposed to meet the requirements of this section, a maximum of 50% of such plants shall be of one species.

1. Evergreens.

Ilex opaca - American Holly

Picea omorika - Serbian Spruce

Picea pungens - Colorado Spruce

Pinus thunbergi - Japanese Black Pine

Picea glauca - White Spruce

Picea abies - Norway Spruce

Pinus nigra - Austrian Pine

Pinus strobus - White Pine

Pseudotsuga taxifolia - Douglas Fir

Tsuga canadensis - Canada Hemlock

Tsuga caroliniana - Carolina Hemlock

2. Hedges.

Buxus - Boxwood

Cotoneaster divaricata - spreading cotoneaster

Crataegus crusgalli - Cockspur Thorn

Grataegua phanenopyum - Washington Hawthorn

Elaeagnus angustifolia - Russian Olive

Euonymus alatus - Winged Euonymus

Viburnum - all varieties

3. Evergreen shrubs.

Hamamelis vernalis - Vernal Witch Hazel

Hamamelis virginiana - Common Witch Hazel

Juniperus virginiana - Upright Juniper

Juniperus shinensis - Spreading Juniper

Ilex - Japanese Holly

Ilex verticillata - Winterberry

Pinus Hugo - Dwarf Pine

Pyracantha lalandei - Laland Firethorn

Rharanus frangula - Glossy Buckthorn

Taxus capitata - Upright or Spreading Yew

Taxus hicksi - Hicks Yew

Thuja occidentalis- American Arborvitae

(Ord. passed 2-4-1991, § 803)

§ 155.153 LANDSCAPING.

(A) Any part of a commercial, industrial or institutional lot which is not used for structures, loading areas, parking spaces and aisles, sidewalks and designated storage areas shall be provided with an all- season, well-maintained natural groundcover, and shall be landscaped with trees and shrubs.

(B) See §§ 155.196(A), 155.197(H) and 155.152(D) of this chapter and any street tree requirements of Chapter 154 of this code of ordinances.

(Ord. passed 2-4-1991, § 804)

§ 155.154 ESTABLISHMENT OF FUTURE RIGHT-OF-WAY WIDTHS.

(A) Purpose. Minimum future right-of-way widths are established for streets where the existing right-of-way is less than that indicated in this section for the particular class of street. These future rights-of-way are designed to reserve adequate rights-of-way for future circulation improvements, including, street widenings, shoulders, bikeways and sidewalks, and to provide rights-of-way for needed public sewer and water lines.

(B) Dedication of future right-of-way. See any requirements in Chapter 154 of this code of ordinances.

(1) The future right-of-way shall be measured with one-half on either side of the centerline of the existing right-of-way. If the existing right-of-way is clearly significantly off-center of the cartway, the centerline of the cartway shall be used.

(2) The specific classification of each street is shown on the borough’s Official Street Classification Map.

(D) Minimum widths. The following future rights-of-way for future circulation improvements shall be reserved along each street, unless a differing right-of-way is required by Chapter 154 of this code of ordinances:

Street Classification	Minimum Future Right-of-Way
Arterial street	80’
Collector street	60’
Expressway	120’
Local and private street	50’

(E) Ownership and maintenance. The Borough Council may require that the future right-of-way reserved by this section be dedicated to the borough or PennDOT if the Borough Council deems that the additional right-of-way is needed because of the impact or the burden of the proposed development on the street system. If the right-of-way is not dedicated or is not accepted by PennDOT or the borough at the time of development of a use, that land shall remain a part of the adjacent lot and be reserved for future dedication until such time as the borough or PennDOT may agree to accept dedication.

(F) Exceptions.

(1) A future right-of-way shall not be required to be dedicated where the only activity being proposed is the development of single-family detached residential lots or agricultural lots each of which will have a minimum lot area of ten acres.

(2) As a special exception, the Zoning Hearing Board may approve a reduction in the minimum future right-of-way where the applicant clearly proves to the satisfaction of the Zoning Hearing Board either of the following:

(a) The proposed use and/or subdivision is of such low intensity that it will not create any measurable additional impact on the adjacent street system; or

(b) That it would be for practical purposes infeasible for the street to be substantially widened at any time in the future because of the existence of substantial existing buildings on both sides of such street within close proximity to such street and that the additional right-of-way is not needed for the extension of water and sewer lines.

(Ord. passed 2-4-1991, § 805)

§ 155.155 NON-CONFORMITIES.

(A) Registration of non-conformities. It shall be the responsibility of an of a party asserting a non- conformity to provide the evidence that it is lawful. A property owner may request a written statement of non-conformity from the Zoning Officer after providing sufficient evidence.

(B) Continuation. A lawful non-conforming use, structure or lot as defined by this chapter may be continued and may be sold and continued by new owners; provided that, any expansion of, construction upon or change in use of a non-conformity shall only occur in conformance with this section.

(1) Non-conforming structure.

(a) The Zoning Officer shall permit a non-conforming structure to be reconstructed or expanded; provided:

1. Such action will not increase the severity or amount of the non-conformity (such as the area of the building extending into the required setback) or create any new non-conformity; and

2. Any expansion will comply with the applicable setbacks in that district and other requirements of this chapter.

(b) In the case of a non-conforming structure which is used by a non-conforming use, any expansion shall also meet the requirements of this section regarding non-conforming uses.

(2) Non-conforming lots.

(a) New permitted structures for a single permitted by right principal use and its customary accessory uses may be constructed, reconstructed or expanded on a non-conforming lot of record as a permitted by right use if all of the following requirements are met.

1. The lot area is at least 30% of the minimum lot area.

2. The lot width is at least 30% of the minimum lot width.

3. The lot is a lot of record that lawfully existed prior to the adoption of this chapter or an applicable subsequent amendment.

4. Minimum setbacks and other requirements of this chapter are complied with for any new construction or expanded area.

5. For construction of a new building to be served by an on-lot septic system, the lot shall be able to comply with all state septic regulations, but shall not be required by this chapter to provide an alternative drainfield location.

(b) The Zoning Hearing Board may grant a special exception to reduce the required setbacks concerning construction on a non-conforming lot if the Board determines that such reduction would result in a building that would be more compatible with neighboring residences than would be built if the setback requirement was not reduced.

(c) Contiguous non-conforming lots under common or closely related ownership shall be combined to form lots that would be less non-conforming.

(d) If a proposed development on a non-conforming lot does not meet the requirements of divisions (C)(2)(a) and (C)(2)(b) above, then development of the lot shall not occur unless a variance is granted by the Zoning Hearing Board. In addition to the standards stated for a variance in the state’s Municipalities Planning Code, the Zoning Hearing Board shall also review whether any reasonable alternative permitted uses could reasonably be made of the property that would less significantly adverse impacts than the proposed use upon the established character of an existing residential neighborhood.

(3) Reconstruction or expansion of a non-conforming non-residential use. A non-conforming use or a building used by a non-conforming use shall not be reconstructed or expanded, except in accordance with the following provisions.

(a) Such expansion or enlargement shall require special exception approval from the Zoning Hearing Board under § 155.028 of this chapter.

(b) Such reconstruction or expansion shall be only upon the same lot that the non- conforming use was located upon at the time the use became non-conforming, not including any land added by any future subdivisions.

(c) The total building floor area used by a non-conforming use or the total area covered by impervious surfaces of a non-conforming use shall not be increased by greater than 50% beyond each such measurement that existed in such use at the time such use becomes non-conforming. This maximum increase shall be measured in aggregate over the entire life of the non-conformity.

(d) Any expansion of a non-conforming use shall meet the required setbacks and other requirements of this chapter, unless the Zoning Hearing Board grants a variance.

(4) Expansion of a non-conforming residential use. An existing non-conforming residential use may be expanded in floor area as a permitted by right use; provided that:

(a) The number of dwelling units is not increased;

(b) The expansion meets all applicable setbacks;

(d) A non-conformity is not made more severe (including the building area within the required setback area).

(D) Damaged or destroyed non-conformities.

(1) A non-conforming structure that has been destroyed or damaged equal to 50% or more of its total value by fire, windstorm, lightning or a similar cause deemed to be not the fault of the owner may rebuild in a non-conforming fashion only if the application for a building permit is submitted within 18 months after the date of damage or destruction, and work begins in earnest within 12 months afterwards. A non-conformity may not be increased by any reconstruction.

(2) No rebuilding shall be undertaken as provided herein until plans for rebuilding have been presented and approved by the Zoning Officer. Any change of one non-conforming use to another non- conforming use shall comply with the provisions of this section.

(3) All non-conforming off-premises signs, junkyards, outside storage areas and similar non- conforming uses of open land, when damaged to an extent of 50% or more of replacement cost, shall not be continued, repaired or reconstructed.

(E) Abandonment of a non-conformity.

(1) If a non-conforming use of a building or land is discontinued, razed, removed or abandoned for 365 or more days subsequent use of such building or land shall conform with the regulations of the district in which it is located, except:

(a) As provided for in the “damaged or destroyed non-conformities” provisions of this section; and

(b) The accessory outdoor storage of junk as defined in § 155.008 of this chapter in a residential district on a lot of less than ten acres that is visible from a street or adjacent dwelling shall be removed within 30 days of the adoption of this section.

(2) The applicant shall be responsible to provide evidence that the non-conformity was not abandoned. Abandonment and the intent to abandon shall be presumed to commence on the date when substantial efforts to continue the use cease.

(3) If a non-conforming off-premises junkyard, outside storage area or similar non-conforming use of open land is discontinued for 30 days or more, the use shall not be continued, repaired or reconstructed, except for the parking of commercial and junk vehicles under § 155.198 of this chapter.

(F) Floodplain. See Chapter 152 of this code of ordinances.

(G) Changes from one non-conforming use to another.

(1) Once changed to a conforming use, a structure or land shall not revert to a non-conforming use.

(2) A non-conforming use may be changed to another non-conforming use only if permitted as a special exception by the Zoning Hearing Board. The Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equally or less objectionable in external effects than the pre-existing non-conforming use with regard to:

(a) Traffic generation (especially truck traffic);

(b) Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire and explosive hazards;

(d) Compatibility with the character of the surrounding area.

(H) District changes. Any uses, structures or lots that become non-conforming because of a zoning district change shall be regulated under this section on non-conformities.

(Ord. passed 2-4-1991, § 806)

§ 155.156 TEMPORARY STRUCTURE OR USE.

A temporary permit may be issued by the Zoning Hearing Board as a special exception for structures or uses subject to the following additional provisions.

(A) Duration.

(1) The Zoning Hearing Board shall establish a limit on the duration of the use.

(2) In the case of a special event, except under special circumstances, this should be a maximum of six days in any 60-day period, the Zoning Hearing Board may grant approval once for a recurring event.

(B) Statement from owner. Prior to the issuance of a permit for a temporary use or structure, the applicant shall present a statement from the owner of record of the land recognizing the application and accepting responsibility to ensure that the use or structure is removed once the permit expires.

(1) Such structure or use shall be removed completely upon expiration of the permit without cost to the borough.

(2) If the structure or use is not removed in a timely fashion after proper notification, the borough may remove the use or structure at the cost of the person who owns the land upon which the structure or use is located.

(D) Conditions. The temporary use or structure shall:

(1) Be compatible with adjacent uses; and

(2) Clearly be of a temporary nature.

(E) Construction vehicle parking and temporary offices. See “essential services”, a permitted by right accessory use, in § 155.070 of this chapter.

(F) Tents. This section shall not apply to tents erected for a maximum of five days in any calendar year for:

(1) Routine and customary accessory non-commercial uses; and

(2) Routine and customary accessory uses to an existing commercial use, which are permitted by right.

(G) Fee. Either the Zoning Hearing Board or the Borough Council may waive and/or return the required application fee if the applicant is a Internal Revenue Service recognized and well-established non- profit organization and the applicant clearly shows that the proposed use is temporary and will be used to clearly primarily serve a charitable or public service purpose.

(H) Non-profit. Only a well-established and Internal Revenue Service-recognized non-profit organization proposing a temporary use to clearly primarily serve a charitable or public service purpose shall be eligible to receive approval for a commercial use in a district where that use it not permitted.

(I) Special events. For a special event that will attract significant numbers of the public, the Zoning Hearing Board shall deny the use if it determines that the following will not be generally appropriate: sanitary and water service; traffic control; off-street parking; and protection of the public health and safety.

(Ord. passed 2-4-1991, § 807)

§ 155.157 STORM WATER MANAGEMENT AND BONUS FOR RESOLVING EXISTING PROBLEMS.

(A) The requirements of this section shall apply to all uses, except if a different and more specific requirement is stated in Chapter 154 of this chapter.

(B) The borough may submit any proposed storm water control methods to the Borough Engineer for review. All such methods shall follow standard professional practices, as determined by the Borough Engineer.

(C) Developments involving the addition of 5,000 square feet or more of impervious cover shall limit the rate of storm water runoff so that no greater rate of runoff will occur than occurred on the site prior to development, based upon a five-, ten- and 50-year storm, unless different year storms are specified in Chapter 154 of this chapter.

(D) (1) The applicant shall provide pre- and post-development calculations for all uses that involve an addition of 5,000 square feet or more of impervious cover.

(2) Where crop farming or disturbed earth exists on the site prior to development, meadow in good condition shall be used as the starting base for such calculations.

(E) The quantity, velocity and direction of resulting storm water runoff shall be managed in a manner as to adequately protect persons from possible injury, to prevent increased erosion and to avoid damage to property.

(F) Any watershed management plan officially adopted under Act 167 of 1978 shall govern the percentage of pre-development runoff that is released off the site after development.

(G) Bonus for solving existing storm water problems.

(1) Intent: to provide incentives to developers to help to resolve preexisting storm water problems.

(2) This section shall apply to a serious storm water problem area, as identified in the Borough Comprehensive Plan, as amended.

(3) If an applicant offers to put into place measures to resolve a serious pre-existing storm water problem area, a bonus may be granted as a special exception by the Zoning Hearing Board under this section. It shall be the responsibility of the applicant to prove to the satisfaction of the Zoning Hearing Board, based upon review by the Borough Engineer, that the proposed measures would resolve the problem. No bonus shall be granted for any storm water controls that would ordinarily be required under borough ordinances, engineering reviews and state law.

(4) If an applicant meets the requirements of these bonus provisions, the Zoning Hearing Board shall authorize by special exception the following:

(a) An increase of 5% in the maximum impervious coverage above what would otherwise be permitted; and

(b) A decrease of 5% in the minimum lot area below what would otherwise be permitted.

(Ord. passed 2-4-1991, § 808)

§ 155.158 RECREATION LAND AND FEES REQUIREMENTS.

See the requirements of Chapter 154 of this code of ordinances.

(Ord. passed 2-4-1991, § 809)