Towanda City Zoning Code
ARTICLE V
Special Exceptions and Uses
§ 325-29 Amusement uses.
A.
Amusement centers, bowling alleys and similar places of amusement.
(1)
Such uses shall be conducted entirely within an enclosed structure, except amusement parks.
(2)
Parking areas shall be screened from adjoining residential properties in accordance with § 325-27B.
B.
Outdoor recreation facilities.
(1)
Such uses shall include golf courses, ice-skating rinks, ski areas, swimming pools, tennis courts and amusement parks and other similar uses.
(2)
Unenclosed recreational facilities shall be located not less than 25 feet from any property line, except where greater distances are otherwise required herein, and shall be effectively screened from adjoining dwelling uses in facilities with the provisions of § 325-27B.
(3)
Illuminated signs and other lights shall be directed away or shielded from adjoining residential properties in such a way as not to disturb the occupants thereof.
(4)
No public address system is permitted except where such system will not be audible at any property line.
(5)
Private swimming pools, permanent or aboveground, which shall be accessory to a principal noncommercial dwelling use, shall be regulated as follows, except that these regulations shall not apply to aboveground swimming pools which shall be not more than two feet in height nor more than 15 feet in length.
[Amended 12-6-2010 by Ord. No. 2010-8; 12-6-2010 by Ord. No. 2010-9]
(a)
The pool may be erected only on the same zone lot as the principal structure.
(b)
In-ground swimming pools may be erected only in the rear yard of such structure and shall be distant not less than 10 feet from any rear lot lines nor less than 10 feet from any side yard, principal structure or accessory structure attached thereto. Aboveground swimming pools shall have the same side and rear yard setbacks as specified in § 325-26A(1), Unattached accessory structures in R Districts.
(c)
The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located and their guests, and no fee shall be charged.
(d)
The swimming pool or the entire property on which it is located shall be so walled or fenced so as to prevent uncontrolled access by children from the street or from adjacent properties, said wall or fence to be not less than four feet in height and maintained in good condition.
(e)
All pumping, cleaning, filtering and screening devices and water supply and discharge shall be of a type and source approved by local and/or State Health Department authorities.
(6)
Drive-in theaters shall be subject to the following regulations:
(a)
They shall be situated on a minimum zone lot of 10 acres.
(b)
The screen shall be obscured from public streets.
(c)
Lights shall be reflected away from adjoining property and streets.
(d)
The sounds directly appurtenant to the visual presentations at such theaters shall not be audible at the boundary line of any R District.
(e)
Only one-way interior vehicular circulation shall be permitted.
(f)
Surface drainage shall be such that it will not subject adjoining properties or streets to damage.
(g)
Any property line shall not be closer to any R District than 500 feet, except where topographic considerations make such requirements excessive or unnecessary.
§ 325-30 Community facilities.
A.
Community buildings, clubs, social halls, lodges, fraternal organizations and similar uses.
(1)
All buildings shall be a minimum of 20 feet from any property line, except where greater distances are otherwise required herein.
(2)
In R Districts, where permitted, there may be included retail sales for guests only.
(3)
All applications for such uses in R Districts shall demonstrate to the satisfaction of the Zoning Hearing Board that the proposed use will serve primarily the residents of the surrounding neighborhood and that said use cannot satisfactorily be located elsewhere to serve said neighborhood.
B.
Essential services, enclosed or permanent structures.
(1)
Public utility services. Such uses shall include electric substations, transformers, switches and auxiliary apparatus serving a distribution area, and water pumping stations in R Districts, and shall be subject to the following regulations:
(a)
Such facility shall not be located on a residential street, unless no other site is available, and shall be so located as to draw a minimum of vehicular traffic to and through such streets.
(b)
The location, design and operation of such facility may not adversely affect the character of the surrounding residential area.
(c)
Adequate fences, barriers and other safety devices shall be provided and shall be landscaped in accordance with the provisions of § 325-27.
(d)
Noise emitted from electric substations shall not be greater than permitted in accordance with the performance standards set forth herein.
C.
Essential services, open. Such uses shall be limited to the erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare but not including buildings. Where applicable, the landscaping regulations of § 325-27 shall apply.
D.
Fire and police stations. Such facilities shall be permitted in all R Districts, provided that such facility is necessary to serve the surrounding area.
E.
Hospitals, churches or other religious or eleemosynary institutions. All such uses shall be located on a public street which shall have a pavement width of not less than 38 feet and shall maintain a minimum ten-foot-wide landscaped strip in accordance with the provisions of § 325-27 on all property lines abutting R Districts and all residential streets.
§ 325-31 Residential and residential-related commercial uses.
A.
Two-family, multifamily and garden apartment dwellings.
(1)
All two-family, multifamily and garden apartment development sites shall be provided with an existing or approved public and/or community-type water supply and sanitary sewer system, approved by appropriate local and state health authorities having jurisdiction.
(2)
Minimum lot area, coverage and yard requirements.
(a)
Two-family dwellings. The minimum lot area per dwelling unit shall be as specified in Article III hereof for the zone district where situated, except that, in zones designated as an R-1 District, the minimum lot area per dwelling unit shall be not less than 5,000 square feet. Minimum frontage, depth, yards and maximum coverage shall be as specified for the zone district where situated.
(b)
Multifamily and garden apartments.
(3)
Minimum lot size. Multifamily or garden apartment developments shall not be erected on any zone lot of less than two acres. The minimum width of such a lot shall not be less than 150 feet at the front property line.
(4)
Maximum lot coverage. The land area covered by buildings, garages and other accessory structures shall not exceed an aggregate of 25% of the lot area.
(5)
Yards.
(a)
Front yard. No structure shall be located nearer to a front street property line than 50 feet.
(b)
Rear yard. No structure shall be located nearer to a rear property line than 50 feet.
(c)
Side yard. No structure shall be located nearer to a side property line than 30 feet.
(d)
A building wall exposing both windows and an entranceway shall be located not closer to another building than a distance equal to the height of the taller building of the two but in no case less than 50 feet.
(e)
A building wall exposing only windows or only an entranceway shall be located no closer to another building than a distance equal to the height of the taller building of the two but in no case less than 25 feet.
(6)
Maximum number of dwelling units. Garden apartments shall not exceed eight dwelling units per structure.
(7)
Permanent open space. In addition to the yard setback and off-street parking requirements of this chapter, there shall be provided a minimum of 10% of the gross area of the site to be permanently set aside for open recreation area which shall be for the common use of the residents thereof; provided, however, that this requirement shall not apply to townhouses or two-family dwellings.
B.
Motels, motor courts, motor hotels and similar uses.
(1)
Such uses shall have a minimum area for each unit of occupancy of 150 square feet and shall include a minimum of one bedroom and an enclosed bathroom containing a bathtub or shower, commode and lavatory and be supplied with hot and cold running water.
(2)
Illuminated signs and other lights shall be directed away from or shielded from adjoining residential properties in such a away as not to disturb the occupants thereof.
(3)
Such uses shall not be closer than 200 feet to an R District, shall be located on a major public street and shall provide ingress and egress so as to minimize traffic congestion.
C.
Bed-and-breakfast residence use.
[Added 1-7-1991 by Ord. No. 4-1991]
(1)
Requirements for special exception are as follows:
(a)
The dwelling wherein the bed-and-breakfast residence use is to take place shall be an existing residential structure owned and occupied by the applicants as their primary residence.
(b)
The dwelling wherein the bed-and-breakfast residence use is to take place, if so used, would not adversely affect the residential character of the neighborhood.
(2)
Conditions of special exception.
(a)
The dwelling wherein the bed-and-breakfast residence use takes place shall be the primary residence of an owner.
(b)
The primary use of the dwelling wherein the bed-and-breakfast residence use is to take place shall be residential.
(c)
The quarters to be utilized by the guests or the occupants of the premises shall not be located in any accessory structure.
(d)
The use by guests of the dwelling wherein the bed-and-breakfast residence use takes place shall be of a temporary nature.
(e)
No more than three rooms shall be used for guest occupancy.
(f)
One off-street parking space shall be provided for each room or rooms designated for guests.
(g)
Serving of meals to paying guests shall be limited to breakfast only.
(h)
Each room that is designated for guest occupancy shall be provided with a minimum of one approved single-station smoke detector.
(i)
There shall be compliance with all federal, state and local laws, codes and ordinances and regulations applicable to the operation of a facility as a bed-and-breakfast residence.
§ 325-32 Retail and manufacturing uses.
A.
Bakeries. Bakeries first permitted in any C-2 District shall be located no closer to an R District than 50 feet, and goods produced on the premises shall be sold only at retail on the premises.
B.
Drive-in eating and drinking places. Such businesses where persons are served in automobiles shall not be closer than 200 feet to an R District and shall be located on a public street having a pavement width of not less than 38 feet and shall provide ingress and egress so as to minimize traffic congestion.
C.
Retail sales for guests only. Where such uses are permitted, the following shall apply:
(1)
There shall be no external evidence of any gainful activity, however incidental, nor any access to any space used for gainful activity other than from within the building.
(2)
There shall be no harm to adjoining existing or potential residential development due to excessive traffic generation or noise or other circumstances.
D.
Retail uses in M-1 District. Such uses shall be permitted only where the applicant proves that such use is or will be necessary to serve manufacturing uses and/or will not adversely affect the industrial development of adjoining land. Where such uses are permitted, the minimum lot size requirement shall be 10,000 square feet.
§ 325-33 Large-scale developments.
Large-scale developments as defined herein shall be permitted as a special exception and shall be developed in accordance with the following requirements:
A.
Conformity with Master Plan. The proposed large-scale development shall conform to the Towanda Borough Master Plan in terms of general location.
B.
Large-scale residential developments.
(1)
Spacing and orientation of residential developments. Spacing between buildings and orientation in residential building groups shall be as follows:
(a)
In buildings containing multiple dwelling units, walls containing main window exposures or main entrances shall be so oriented as to ensure adequate light and air exposures.
(b)
Such buildings shall be so arranged as to avoid undue exposure to concentrated loading or parking facilities and shall be so oriented as to preserve visual and audible privacy between adjacent buildings.
(c)
A building group may not be so arranged that any temporary or permanently inhabited building is inaccessible by emergency vehicles.
(2)
Vehicle and pedestrian circulation. Adequate provision for vehicle and pedestrian circulation shall be designed as follows:
(3)
Paving and drainage. The developer shall install, throughout any proposed large-scale residential development, hard-surfaced streets at reasonable grades, which shall include curbs or gutter, catch basins and storm sewers.
C.
Large-scale commercial and manufacturing developments.
(1)
Spacing and orientation of commercial and manufacturing developments. Spacing between buildings and orientation in commercial and industrial building groups shall be as follows:
(2)
Signs and lighting. All signs and lighting devices shall be of a type and design that will not conflict with traffic control signs and lights and shall be so oriented that they do not produce glare on the highway or adjacent residential development. In a C-2 or C-3 District or in any commercial development of five acres or more, identification signs may be erected in accordance with the provisions of § 325-47, except as follows:
(a)
There shall be not more than one such sign for each commercial establishment, but there may be a maximum of one additional sign identifying the large-scale development and the occupants thereof.
(b)
A sign identifying a large-scale commercial development may be freestanding or attached to a wall or fence.
(c)
No freestanding sign shall extend more than 30 feet above the mean ground level where it is located.
(d)
No sign identifying a building group shall have an area of more than 10% of the vertical wall area of the front of the building, nor shall the total area of the sign of each tenant exceed 10% of the vertical building wall area of the front of the space occupied by the tenant.
(e)
The lesser dimension of any sign shall not exceed five feet; provided, however, that for large-scale development signs, this provision shall not apply.
(f)
Except for signs identifying the large-scale development, all signs shall be attached to the principal buildings.
(g)
No business sign shall project more than two feet from the building facade to which it is attached.
(h)
No business sign shall be erected or maintained upon the roof of a building, nor shall any sign extend above the roof of a building a distance of more than five feet; provided, however, that a business sign may be affixed to a parapet. It may not extend above the top of the parapet, except that it may extend not more than five feet above the roof of the building, and no such sign shall project more than one foot from the parapet.
(i)
The area of any sign shall include the entire face of the sign and any structural work incidental to its erection and/or decoration. If the sign is composed of individual letters, figures or designs, the space between and around such letter, figures or designs shall be considered as part of the area.
(j)
Plans showing proposed location and design of all signs, including also directional traffic signs and parking signs, shall be submitted to the Planning Commission for its review and recommendation to the Zoning Hearing Board which shall be responsible for approval. In granting such approval, special attention shall be given to considerations of safety and convenience of traffic movement and the appropriate and harmonious relationships between buildings, structures and signs, both on the site and in adjacent areas.
(k)
Proper arrangement of signs and lighting devices with respect to traffic control equipment and adjacent residential districts shall be observed.
(l)
Directional signs indicating the location of the occupant(s) may be erected and maintained; provided, however, that the size of such sign shall not exceed an area of six square feet nor a length of four feet, and provided further that there shall be not more than one such sign for each entrance to any premises.
(3)
Planting and screening. In business building groups abutting or within 100 feet of residential districts, fences, wall or year-round screen planting shall be provided when necessary to shield adjacent residential districts from parking lot illumination, headlights, heat, blowing papers and dust and to reduce the visual encroachments of commercial architecture, signs and activity.
D.
Justification for exception. Where such exceptions are requested, they shall be granted solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such developments as well as of neighboring properties than would be obtained under the normal requirements of this chapter.
§ 325-34 Off-street parking.
In all districts, except in the C-2 District, in connection with every manufacturing, business, institutional, recreational, residential or any other use, there shall be provided, at the time any building or structure is erected or is enlarged or increased in capacity, off-street parking space open to the public at no charge for automobiles in accordance with the requirements set forth herein.
A.
Size and access.
(1)
Each off-street parking space in a parking lot shall have an area of not less than 180 square feet, exclusive of access drives or aisles, and shall be of usable shape and condition.
(2)
There shall be adequate provisions for ingress and egress to all parking spaces. Access to off-street parking areas shall be limited to several well-defined locations, and in no case shall there be permitted unrestricted access along the length of the street or alley upon which the parking area abuts.
B.
Number of parking spaces required. The number of off-street parking spaces required shall be as set forth in Table I following in accordance with the definition of "floor area" as set forth in Article XI hereof; provided, further, that, in any R District on any lot having an area of one acre or less, private garage space may be provided for not more than four motor vehicles. Space for one additional motor vehicle may be provided for each 1/5 acre by which the area of the lot exceeds one acre; and, in any R District, not more than one garage space provided on any lot shall be used for the housing of a commercial motor vehicle greater than one-half-ton capacity. In any case of a building, structure or premises, the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which said use is similar, in the opinion of the Zoning Hearing Board, shall apply.
C.
Off-site facilities. All permitted and required accessory off-street parking spaces, open or enclosed, shall be located on the same zone lot as the use to which such spaces are accessory, except that such spaces may be provided elsewhere, but shall be provided within a radius of no greater distance than 250 feet from the zone lot, and provided further that required spaces are provided off the site in accordance with the provisions set forth herein and that such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restrictions filed in an office of record, binding the owner and his heirs and/or assigns to maintain the required number of spaces available throughout the life of such use, and such spaces shall conform to all regulations of the district in which they are located.
Table I Off-Street Parking Requirements | ||
|---|---|---|
Uses | Minimum Required Parking Spaces | |
Auctions, galleries and bowling alleys | 5 for each 500 square feet of floor area | |
Business and professional offices and banks, except medical and dental offices | 1 for each 200 square feet of floor area | |
Churches and schools | 1 for each 3.5 seats in an auditorium or for each 17 classroom seats, whichever is greater | |
Community buildings and social halls | 1 for each 200 square feet of floor area | |
Country clubs and golf courses | 1 for each 200 square feet of floor area occupied by all principal and accessory structures, except those used for parking purposes | |
Dwellings and motels | 1 for each family or dwelling unit | |
Funeral homes and mortuaries | 10 for each parlor | |
Hospitals and nursing and convalescing homes | 1 for each 3 beds plus 1 for each employee in the maximum working shift | |
Hotels, rooming houses and dormitories | 1 for each 2 bedrooms | |
Manufacturing plants, research or testing laboratories and bottling plants | 1 for each 1,000 square feet of floor area, plus 1 for each 4 employees in the maximum working shift. The total parking area shall not be less than 25% of the building floor area. | |
Medical or dental clinics or offices | 3 spaces for each doctor or dentist | |
Movie theaters and auditoriums | 1 for each 2.5 seats | |
Outdoor recreational facilities | An adequate number of spaces should be provided so that all vehicles located at the facility can be accommodated in existing parking lots and not on the Borough's roads. | |
Restaurants, beer parlors and nightclubs | 1 for each 2.5 seats | |
Retail stores, store groups and shops | 1 for each 300 square feet of floor area where the floor area shall exceed 1,000 square feet, except in a C-3 District, where 3 spaces shall be provided for each 300 square feet of floor area | |
Wholesale establishments or warehouses | 1 for each 2 employees in maximum working shift. The total parking area shall be not less than 25% of the building floor area. | |
§ 325-35 Off-street loading.
A.
In any district, in connection with every building or building group or part thereof hereafter erected and having a gross floor area of 5,000 square feet or more, which is to be occupied by manufacturing or commercial uses or distribution of material or merchandise by vehicles, there shall be provided and maintained, on the same zone lot with such building, off-street loading berths in accordance with the requirement of Table II following.
B.
Size and location. Each loading space shall be of sufficient size to accommodate vehicles that are likely to utilize the berth, but not less than 10 feet in width, 25 feet in length and 14 feet in height, and may occupy all or any part of any required yard, except where located adjacent to any R District, where they shall be set back a minimum of six feet from any such property line.
Table II Off-Street Loading Requirements | |||
|---|---|---|---|
Uses | Floor Area (square feet) | Required Off-Street Loading Berths | |
Hospitals (in addition to space for ambulance) | From 10,000 to 30,000 | 1 | |
For each additional 30,000 or major fraction thereof | 1 additional | ||
Hotels and offices | 10,000 or more | 1 | |
Retail, commercial, wholesale, manufacturing, storage and miscellaneous | From 10,000 to 25,000 | 1 | |
From 25,000 to 40,000 | 2 | ||
From 40,000 to 60,000 | 3 | ||
From 60,000 to 100,000 | 4 | ||
For each additional 50,000 or major fraction thereof | 1 additional | ||
Schools | 15,000 or more | 1 | |
Undertakers and funeral homes | 5,000 | 1 | |
For each additional 5,000 or major fraction thereof | 1 additional | ||
§ 325-36 Joint facilities for parking and loading.
Off-street parking and loading facilities for separate uses may be provided jointly if the total number of spaces so provided is not less than the sum of the separate requirements for each use and provided that all regulations governing the location of accessory spaces in relation to the use served are adhered to. Further, no accessory space or portion thereof shall serve as a required space for more than one use unless otherwise approved by the Zoning Hearing Board in accordance with the purposes and procedures set forth herein.
§ 325-37 Development and maintenance of parking and loading areas.
Every parcel of land hereafter used as a public or private parking area or loading area, including a commercial parking lot, shall be developed and maintained in accordance with the following requirements:
A.
Screening and landscaping. Off-street parking areas for more than five vehicles and off-street loading areas shall be effectively screened on each side which adjoins or faces premises situated in any R District or institutional premises by a solid fence or hedge. Such fence or hedge shall be not less than four feet nor more than six feet in height and shall be maintained in good condition, without any advertising thereon. Any space between such fence or hedge and the side lot line adjoining the premises or the front lot line facing the premises in any R District shall be landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition.
B.
Minimum distances and setbacks. No off-street parking or loading area or part thereof for more than five vehicles shall be closer than 10 feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot. If not in an R District but adjoining such district, the parking area shall not be located within five feet from the established street right-of-way line within 50 feet of any R District. Such five-foot space shall be landscaped and maintained as set forth in § 325-27 hereof.
C.
Construction standards. Any off-street parking or loading area shall be constructed of suitable material and in such manner, in accordance with approved specifications on file at the Borough offices, so as to prohibit the creation of dust and the introduction of stone and dirt into the street in their use and to be so graded and drained as to adequately dispose of all surface water accumulated within their area and shall be so arranged and marked as to provide for the safe and orderly loading, parking and storage of vehicles.
[Amended 1-7-1991 by Ord. No. 3-1991; 11-6-1995 by Ord. No. 5-1995]
D.
Lighting. Any lighting used to illuminate any off-street parking or loading areas shall be so arranged as to reflect the light away from the adjoining premises in any R District.
E.
Modification of requirements. The Zoning Hearing Board may authorize, on appeal, a modification, reduction or waiver of the foregoing requirements if it should find that in the particular case appealed the peculiar nature of the use or the exceptional situation or condition must justify such action.
§ 325-38 Service stations and parking lots.
A.
Location of establishments and access thereto. Vehicular service stations, commercial parking lots for five or more motor vehicles, automobile repair shops or any vehicular access thereto are regulated as follows:
(1)
They shall not be located within 100 feet of any boundary line of any R District; provided, however, that, where the rear lot line of the property shall be less than 100 feet distant from an R District, there shall be established along such rear lot line a buffer zone which shall be landscaped in accordance with the provisions of § 325-27 hereof; and no part of any parking space shall be less than 20 feet from any residential property line.
(2)
They shall not be located within 200 feet of property dedicated to or intended for schools, playgrounds, churches, hospitals, public libraries and institutions for dependents or for children, when located along the same street or road and in the same block as said properties.
(3)
Vehicular access to the above automotive uses shall not be closer to the intersection of any two street lines than 50 feet.
B.
Location of appliances or pits. No vehicular service station or parking garage shall be permitted where any gasoline or oil pump or oil draining pit or visible appliance for any such purpose is located within 10 feet of any street or road lot line, except where such appliance or pit is within a building.
§ 325-39 Animal hospitals, kennels and pounds.
In any zone district where permitted, no such use shall be located closer than 100 feet to any R District, restaurant or hotel and shall show that adequate measures and controls shall be taken to prevent offensive noise and odor. No incineration of refuse shall be permitted on the premises.
§ 325-40 Cemeteries, crematories and mausoleums.
Any of these uses shall provide entrance on a street or road with ingress and egress so designed as to minimize traffic congestion and shall provide a minimum six-foot high fence, evergreen or evergreen-type hedges or shrubs, at intervals of not more than six feet or provide a minimum 20 feet of permanently maintained planting strip on all property lines abutting any R District or residential street.
§ 325-41 Undertakers and funeral parlors.
Undertaking and funeral parlor establishments may be permitted as a special exception in those zone districts where they are enumerated in Article III hereof, provided that all required parking is made available, the outward appearance of the building does not detract from the residential area where it may be proposed and it is to be located on a street where the collection and movement of vehicles participating in a funeral procession will not adversely affect the major or secondary vehicular circulation pattern of the community.
§ 325-42 Special exceptions.
Special exceptions, as enumerated in §§ 325-12 through 325-19, shall be permitted only upon authorization by the Zoning Hearing Board pursuant to review by the Planning Commission in accordance with § 73-71D,[1] provided that such uses shall be found to comply with the following requirements and other applicable requirements as set forth in this chapter:
B.
The use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected.
C.
The use will not cause substantial injury to the value of other property in the neighborhood where it is to be located.
D.
The use shall be compatible with adjoining development and the proposed character of the zone district where it is to be located.
E.
Adequate landscaping and screening is provided as required in § 325-27 and as otherwise provided herein.
F.
Adequate off-street parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets.
G.
The use conforms with all applicable regulations governing the district where located, except as may otherwise be determined for large-scale development.
[1]
Editor's Note: So in original.
§ 325-43 Effect of amendments on applications for special permits.
When an application for a special exception has been filed with the Zoning Hearing Board and the subject matter of such application would ultimately constitute either a land development as defined in Section 107(11) or a subdivision as defined in Section 107(21) of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[1] no change or amendment of the zoning, subdivision or other governing ordinance or plans shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed; provided, further, that, should such an application be approved by the Zoning Hearing Board, the applicant shall be entitled to proceed with the submission of either land development or subdivision plans within a period of six months or longer, or as may be approved by the Zoning Hearing Board, following the date of such approval in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed before the Zoning Hearing Board. If either a land development or subdivision plan is so filed within said period, such plan shall be subject to the provisions of Section 508(1) through (4) of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[2] and specifically to the time limitations of Section 508(4), which shall commence as of the date of filing such land development or subdivision plan.
§ 325-44 Miscellaneous uses.
A.
Conversions, year-round dwellings. Conversion of a single-family residence to a two-family residence shall be permitted, provided that:
(1)
The minimum lot area per dwelling shall be as required for the zone district where the zone lot to be converted shall be located.
(3)
Such structure shall contain not less than 1,700 square feet of living space, and no dwelling unit therein shall contain less than 850 square feet of living space.
B.
Nondwelling structures. No commercial or manufacturing structure originally designed for other than residential use shall be converted to a dwelling structure, nor shall any such structure which was so converted prior to the adoption of this chapter be further converted to provide for additional dwellings.
§ 325-45 Home occupations.
A.
Intent. The purpose of these provisions is to allow for home occupations which are compatible with the neighborhoods in which they are allowed.
B.
Conditions. The Zoning Hearing Board may, upon application and a public hearing thereon, permit a home occupation in any residence subject to the applicant's ability to provide reasonable evidence that all the following conditions will be met:
(1)
The occupation will be conducted entirely within a dwelling or existing accessory structure.
(2)
The occupation is clearly incidental and secondary to the principal use of the dwelling.
(3)
The establishment and conduct of a home occupation shall not change the principal character or use of the dwelling unit involved.
(4)
No more than one person other than members of the immediate family residing on the premises may be employed.
(5)
Not more than 25% of the floor area of one story of the structure is devoted to such home occupation.
(6)
No stock-in-trade is kept or commodities sold other than incidental supplies necessary for and consumed in the conduct of such home occupation.
(7)
No storage or display of materials, goods, supplies or equipment related to the operation of a home occupation shall be visible from the outside of any structure located on the premises.
(8)
No mechanical equipment is used, except such as may be used for domestic or household purposes (or as deemed similar to power and type).
(9)
Such occupation shall not require internal or external alteration or invoke construction features not customarily in a dwelling.
(10)
The use shall not generate noise, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in the applicable zoning district.
(11)
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.
C.
Permitted professions:
(1)
Licensed architect.
(2)
Licensed landscape architect.
(3)
Attorney.
(4)
Instructor in musical instruments, when teaching only one or two students at one time.
(5)
Licensed physician or surgeon, osteopath, dentist or other medical practitioner.
(6)
Licensed professional engineer.
(7)
Licensed land surveyor.
(8)
Artist.
(9)
Tutor dealing with individual students.
(10)
Accountant.
(11)
Tax preparer.
D.
Permitted home occupations:
(1)
Custom dressmaking; millinery.
(2)
Home baking with customary domestic equipment for sale off the premises.
(3)
Hairdresser.
(4)
Barber.
(5)
Telephone answering service.
(6)
Real estate sales.
(7)
Home-based retail or wholesale sales operation with no sales on the premises.
(8)
Conduct of an elected public office.
§ 325-46 Outdoor storage areas.
Such uses shall not abut existing residential development, a residential street or any R District, and the operation thereof shall be governed by the following provisions and any other conditions as may be required by the Zoning Hearing Board to protect the public health, safety, comfort, convenience and general welfare and especially with regard to abutting properties and the occupants thereof:
A.
Flammable and explosive liquids. No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground, except as permitted by state and federal regulations. Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.
B.
Fencing and setbacks. All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property. Such walls and fences shall be distant not less than 20 feet from all property lines which abut an R District or existing residential development but, in any other case, shall be distant not less than 10 feet from any property line and shall be distant not less than 25 feet from any public street.
C.
Deposit of wastes. No materials or wastes shall be deposited on any premises in such form or manner that they may be transferred off such premises by natural causes or forces.
D.
Other hazardous materials. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.
§ 325-47 Signs.
[Amended 10-25-1988 by Ord. No. 8-1988; 3-5-1990 by Ord. No. 2-1990; 9-9-2002 by Ord. No. 5-2002]
Within the Borough of Towanda, Pennsylvania, signs may be erected and maintained, subject, however, to the following provisions:
A.
Signs in districts zoned residential.
(1)
Only the following types of noninternally illuminated signs may be erected in a district zoned residential:
(a)
Nameplates and identification signs.
[1]
Nameplate and identification signs may be erected and maintained:
[a]
The sign shall only indicate the name and/or address of the dwelling home occupation.
[b]
Only one sign may be erected per dwelling unit, except in the case of a corner lot or through lot, in which case two signs may be erected, one sign facing each street.
[c]
The sign shall not exceed two square feet in surface area.
[2]
Regarding hotels and buildings other than dwellings identification signs may be erected; however:
[a]
The sign shall only indicate the name and/or address of the building or the name and/or address of the management which operates the building.
[b]
The sign shall not exceed six square feet in surface area.
[c]
Only one sign may be erected on a building except in the case of a corner lot, in which case up to two signs may be erected, one sign facing each street.
(b)
Sale and rental signs. Sale and rental signs may be erected and maintained on the subject premises; however:
[1]
The sign shall only include information pertinent to the proposed sale or rental except in the case where the subject premises have already been sold or rented; however, the signs may also indicate the name of the person who effected the sale.
[2]
Only two signs may be erected on the premises except where the premises fronts on more than one street, in which case up to two signs may be erected along each frontage.
[3]
The sign shall not exceed six square feet in surface area.
[4]
A sign relating to the sale or rental of premises shall be fully removed from the premises within 30 days of the day the premises are rented or the sale finalized.
(c)
Institutional signs. Signs identifying schools, colleges, churches, hospitals or other institutions of a similar public or semipublic nature may be erected and maintained; however:
(d)
(e)
Development signs. Signs advertising the sale or development of premises may be erected and maintained on the subject premises when erected in connection with the development of the premises and erected by the building contractor, developer or other person interested in the sale or development; however:
[1]
Only two signs may be erected upon any premises unless the premises front on more than one street, in which case up to two signs may be erected along each street.
[2]
No sign may exceed 20 square feet in area.
[3]
The sign must be removed from the premises within 30 days of the sale of the premises.
(f)
Directional signs. Signs indicating the location and direction of premises available for, or in the process of, development but not yet erected may be erected; however:
[1]
Only the name, address and/or telephone number of the developer, builder, agent or owner may be inscribed upon the sign.
[2]
No sign may exceed six square feet in surface area.
[3]
No sign may exceed four feet in length.
[4]
Only one sign may be erected on any premises for every 500 feet of street frontage.
(g)
Artisan's signs. Signs identifying the name, address, telephone number and/or occupation of a mechanic, painter, or other artisan working on the premises may be erected and maintained on the subject premises; however:
(h)
"Private driveway" and "no trespassing" signs. Signs indicating the private nature of a driveway as well as "no trespassing" signs may be erected and maintained; however, no sign may exceed two square feet in surface area.
B.
Signs in districts zoned commercial or manufacturing. Only the following types of signs may be erected in a district zoned commercial or manufacturing:
(1)
Detached signs. Detached signs may be erected and maintained; however:
(a)
No detached sign shall have a gross surface area for all sides in excess of 50 square feet in a district zoned C-2, nor more than 100 square feet in a district zoned C-3, nor more than 150 square feet in a district zoned Manufacturing, except where only one surface of the sign is visible, in which case the gross permitted area shall be 50% less than aforementioned.
(b)
Only one detached sign may be erected and maintained on a single premises.
(c)
Regarding corner lots, a maximum of two signs with one sign facing each frontage are permitted. The setback requirements of § 325-21D applicable to residential districts shall also be applicable to signs erected under this section in districts zoned commercial or manufacturing.
[Amended 8-7-2017 by Ord. No. 2017-2]
(d)
No sign shall exceed eight feet in height.
(2)
Illuminated signs. Illuminated signs may be erected and maintained; however, flashing signs, revolving illuminated signs and stationary internally illuminated signs are prohibited.
(3)
Walls signs. Wall signs may be erected and maintained; however:
(4)
Projecting signs. Projecting signs may be erected and maintained; however:
(5)
Outdoor advertising signs. Outdoor advertisement signs, such as billboards, are prohibited except in districts zoned C-3 (Highway Commercial) or M (manufacturing); however:
(a)
No outdoor advertisement sign shall be erected within 400 feet of any district zoned residential or any public or parochial school, library, church, hospital or similar institutional use.
(b)
No two outdoor advertisement signs shall be located closer to one another than a distance equal to 1/5 of their combined gross square foot area, except that no two advertisement signs shall be closer to one another than 120 feet.
(c)
No outdoor advertisement sign shall be erected or maintained unless it conforms to the setback requirements for the district in which it is located.
(d)
No outdoor advertisement sign shall have a total surface area, exclusive of structural support and trim, exceeding in square feet, four times the frontage of the lot or tract on which it is placed, nor shall any individual advertisement sign of a poster panel exceed 300 square feet or painted advertisement sign exceed 600 square feet.
(6)
Awning signs. Awning signs may be erected and maintained; however:
(a)
Awning signs shall be constructed of a fire-resistant fabric. Such material shall be approved by the Building Code Official and shall be periodically treated in accordance with the manufacturer's specifications.
(b)
The only information allowed on an awning sign shall be the business name, logotype, slogan, and street address and/or telephone number.
(c)
Awning signs shall have a clearance of at least seven feet above the sidewalk.
(d)
An awning without a visual message shall not be considered an awning sign.
(7)
Freestanding signs. A freestanding sign, a self-supporting sign in a fixed location, not attached to any building or structure may be erected and maintained; however:
(a)
Signs shall have no more than two faces.
(b)
Signs shall not exceed 25 square feet in area.
(c)
The bottom of any sign shall be at least nine feet above grade.
(d)
The top of any sign shall not exceed 25 feet above grade.
(e)
There shall be no more than one sign per single premises.
(f)
Signs shall be erected so as to not obstruct free egress to or from any building or public right-of-way.
(g)
Signs shall not be located upon a public right-of-way.
(h)
Freestanding signs shall not overhang any sidewalk, driveway, curb or street.
(8)
Show window signs. Show window signs inside of store display windows may be erected and maintained; however:
[Added 11-2-2009 by Ord. No. 2009-2]
C.
Exceptions to permit requirements. No zoning or building permit or permit fee shall be required for the erection and maintenance of the following:
(1)
Real estate signs which do not exceed four square feet in surface area and which advertise the sale, rental or lease of the premises to which the sign is in, upon or affixed.
(2)
Professional nameplates which do not exceed two square feet in surface area.
(3)
Bulletin boards which are not over 12 square feet in surface area and which are for public, charitable or religious institutional use when the sign is located on the premises of said institutions.
(4)
Signs identifying an architect, engineer or contractor when placed upon work under construction and which do not exceed 12 square feet in surface area.
(5)
Occupational signs indicating the name and profession of an occupant in a commercial building, public institution, building or dwelling house and which do not exceed two square feet in surface area.
(6)
Memorial signs or tablets, names of buildings and date of their erection when cut into any masonry surface or when constructed of bronze or noncombustible materials.
[Amended 11-2-2009 by Ord. No. 2009-2]
(7)
Traffic and other municipal signs, legal notices, railroad crossing signs, "danger" and such temporary emergency or nonadvertising signs as may be approved by the Borough of Towanda, Pennsylvania.
(8)
Window lettering on facades which occupy no more than 20% of a window area, which have no opaque background and which have letters no larger than eight inches in height.
(9)
Sidewalk signs, otherwise known as "sandwich boards," which are no more than 10 square feet in area and are placed within three feet of the curb or a building.
(10)
All sidewalk signs are temporary by nature and shall not be considered as existing signage.
(11)
Promotional banners will be considered temporary in nature, provided they are displayed no more than 45 days.
D.
General regulations. The following regulations shall apply to all permitted signs:
(1)
Maintenance. The owner of any sign shall be required to reasonably maintain said sign so that it is safe and does not significantly deteriorate. Any sign which is visually deteriorated due to peeling paint, rust or disintegration of materials shall be considered significantly deteriorated.
(3)
Permits for signs.
(b)
A sketch of the proposed sign shall be attached to the zoning permit.
(c)
Regarding signs in the interest of public information or convenience, the Zoning Officer or the Zoning Hearing Board may issue temporary zoning permits for a designated period of time. Such signs shall be removed by the property owner at the expiration of the designated period of use.
(d)
A building permit may be required by the Zoning Officer for any signs which would result in a modification to the structure to which it is attached.
(4)
Fees. No fee shall be charged for any permit connected with the erection of any sign necessary to the public welfare.
(5)
Nonconforming signs. No sign heretofore approved and erected shall be significantly altered or moved, nor shall any sign or any substantial part thereof, which is destroyed or removed, be reerected, reconstructed, rebuilt or relocated unless the same is done in compliance with all applicable requirements of this section.
(6)
Sign construction quality.
(a)
All signs shall be constructed of durable materials and be of workmanlike quality.
(b)
All signs shall be safe from wind loads of not less than 40 per square foot of area.
(c)
The Zoning Officer may require plans to be prepared by a professional engineer or architect if the Zoning Officer believes it necessary.
(7)
Sign design style. All signs requiring a zoning permit shall be compatible with the architectural style, such as Victorian, of the building or structure with which the sign is associated.
(8)
Removal of signs. Any sign now or hereafter existing which no longer advertises a bona fide business conducted or product sold shall be taken down, and removed by the owner, agent or person having the beneficial use of the building or structure upon which the sign may be found within 10 days of written notice sent by the Borough of Towanda, Pennsylvania, or its agent. Upon failure to comply with such notice within the ten-day time period, the Borough of Towanda, Pennsylvania or its agent may cause the sign to be removed, and the reasonable expense incident thereof shall be paid by the owner of the building or structure to which the sign is attached.
§ 325-48 Temporary tract office.
[Amended 10-25-1988 by Ord. No. 8-1988]
A temporary tract office in any district shall be located on the property to which it is appurtenant and shall be limited to a six-month period, at the expiration of which time the applicant may request a further extension of time. Otherwise, the tract office shall be removed at the expense of the owner. Such temporary tract office may also be conducted in a building in a housing development as a real estate office for said development.
§ 325-49 Adult entertainment and drug paraphernalia.
A.
Legislative findings. The Council finds that:
(1)
There has been an establishment of an adult bookstore in a municipality adjacent to the Borough of Towanda.
(2)
A concentration of such adult bookstores can cause a deleterious effect on the aesthetics and economics of the areas in which these uses are located.
(3)
In order to prevent the deterioration of communities and neighborhoods in the Borough of Towanda and to provide for the orderly, planned future development of the Borough, in addition to existing zoning regulations, certain additional special regulations are necessary to ensure that these adverse effects will not continue to contribute to the blighting or downgrading of surrounding neighborhoods.
(4)
For the purpose of controlling the concentration of certain uses, special regulations relating to the location of these uses are necessary.
B. ADULT BOOKSTORE ADULT MINI-MOTION-PICTURE THEATER ADULT MOTION-PICTURE THEATER CABARET DRUG PARAPHERNALIA STORES SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES
Definitions. As used in this section, the following terms shall have the meanings indicated:
An establishment having a substantial or significant portion of its stock-in-trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or related to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material.
An enclosed building with a capacity for less than 50 persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to specified sexual activities or specified anatomical areas, for observation by patrons therein.
An enclosed building with a capacity of 50 or more persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to specified sexual activities or specified anatomical areas, for observation by patrons therein.
An adult club, restaurant, theater, hall or similar place which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers exhibiting specified anatomical areas or performing specified sexual activities.
Any retail store selling paraphernalia commonly related to the use of any drug or narcotic of which the sale, use or possession of is subject to the provisions of the Controlled Substance Drug, Device and Cosmetic Act, April 14, 1972, P.L. 233, No. 64, 51 et seq., 35 P.S. § 780-101 et seq., including but not limited to water pipes, pipe screens, hashish pipes, roach clips, coke spoons, bongs and cigarette rolling paper, except that this shall not be deemed to include the sale of cigarette rolling papers by a store that also sells loose tobacco or the sale by prescription of implements needed for the use of prescribed drugs or narcotics.
D.
Prohibited conduct. No regulated use shall be permitted:
E.
Signs and other visible messages. All regulated uses shall be permitted signs and visible messages based on the allowable sign area of the zoning district in which they are located, provided that the following requirements shall be met:
(2)
Other visible messages.
(a)
Messages which are visible or intended to be visible from outside the property (such as on or within doors or windows) shall not display material, items, publications, pictures, films or printed material available on the premises; or pictures, films or live presentation of persons performing or services offered on the premises.
F.
Discontinuance of operation. Should any of the related uses listed in Subsection C(1) through (5) above cease or discontinue operation for a period of 90 or more consecutive days, it may not resume nor be replaced by any other regulated use unless it complies with all the requirements set forth in Subsections D and E above.
§ 325-50 Standards and requirements for mobile home park developments.
A mobile home park shall have a minimum area of at least five contiguous acres of land. The location of all mobile home parks shall be free from adverse influence by swamps, marshes or other potential breeding places for insects or rodents, not subject to flooding and not subject to any hazard or nuisance such as excessive noise, vibration, smoke, toxic matter or radiation.
A.
Erosion and sediment control. The provisions of this chapter shall be applicable to all mobile home park development.
B.
Soil and ground cover requirements. Exposed ground surfaces in all parts of every park shall be paved or covered with stone screenings or other solid material or protected with a vegetative growth that is capable of preventing soil erosion and the emanation of dust during dry weather.
C.
Park areas for nonresidential uses.
(1)
No part of any mobile home park shall be used for nonresidential purposes, except when so designated on the plan as uses required for the direct servicing and well-being of park residents, for the management and maintenance of the park and/or commercial activities related to the park development.
(2)
Nothing contained in this section shall be deemed as prohibiting the sale of a mobile home located on a mobile home lot and connected to utilities.
D.
Required setbacks, buffer strips and screening.
(1)
All mobile homes shall be located at least 50 feet from any park property boundary line abutting on a public street or highway and at least 35 feet from other park property boundary lines.
(2)
There shall be a minimum distance of 15 feet between an individual mobile home, including accessory structures attached thereto and adjoining pavement of a park street or common parking area or common areas and structures.
(3)
All mobile home parks located adjacent to industrial or commercial land uses shall be required to provide screening so as to block out view of such areas. Such screening may be of fencing or of natural growth and shall be placed on the property boundary line separating the park and such adjacent nonresidential structures.
E.
Erection and placement of mobile homes.
(1)
Mobile homes shall be separated from each other and from other buildings and structures as follows:
(a)
Between parallel ends of adjacent mobile homes: 20 feet.
(b)
Between parallel sides of adjacent mobile homes: 50 feet.
(c)
Between the end of one mobile home and the parallel side of an adjacent mobile home: 35 feet.
(d)
Determination of relationship of adjacent mobile home: Sides or ends of adjacent mobile homes shall be considered parallel if they form an angle, when the adjacent sides or ends are extending to intersection, of not less than 45° or more than 135°.
(2)
An enclosure of compatible design and material shall be erected around the entire base of each mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure, with access provided.
F.
Park street system.
(1)
A safe and convenient vehicular access shall be provided from abutting public streets and roads to each mobile home lot.
(2)
The entrance road or area connecting the park with a public street or road shall have a minimum pavement width of 28 feet.
(3)
Surfaced roadways shall be of adequate width to accommodate anticipated traffic and, in any case, shall meet the requirements of all pertinent sections.
(4)
All streets shall be constructed and surfaced in accordance with municipal specifications applicable to streets in conventional residential developments and approved by the municipal engineer.
(5)
Curbs and gutters shall be installed in compliance with all pertinent sections of the Towanda Borough Code.
G.
Off-street parking areas. Off-street parking areas with dust-free stabilized surfaces shall be provided in all mobile home parks for the use of park occupants and guests. Required parking spaces shall be located as to provide convenient access to the mobile home but not exceed a distance of 200 feet from the mobile home that is intended to be served and shall consist of two off-street parking spaces for each mobile home.
H.
Sidewalks.
(1)
All parks may provide safe, convenient, all-season pedestrian walkways of adequate width for intended use, durable and convenient to maintain, between individual mobile homes, the park streets and all community facilities provided for park residents, meeting the minimum standards of the Towanda Borough Code.
I.
Construction of mobile home lots.
(1)
The total number of lots in a park shall not exceed six per acre.
(2)
Each mobile home lot shall be improved to provide an adequate foundation for the placement and tie-down of the mobile home and in such a position as to allow a minimum of 15 feet between the mobile home and the pavement of the park street which serves the lot.
(3)
The mobile home stand shall not heave, shift or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration or other forces acting on the structure. Anchors or tie-downs, such as cast-in-place concrete "dead men," eyelets embedded in concrete screw augers or arrowhead anchors shall be placed at least at each corner of the mobile home stand, and each device shall be able to sustain a minimum load of 4,800 pounds.
J.
Recreation area.
(1)
Not less than 10% of the gross site area shall be devoted to recreational facilities for both passive and active recreation. Recreation areas may include space for community buildings and community use facilities such as indoor recreation areas, swimming pools, hobby and repair shops and service buildings.
(2)
Where compliance with this provision results in undue hardship and/or individual lot areas are substantially above minimum standards and provide for sufficient outdoor recreation, an exemption shall be granted to an extent that an absolute minimum of 100 square feet per lot be considered sufficient for the site of a recreation area, provided that no recreation area shall contain less than 10,000 square feet.
(3)
The construction, modification, maintenance and operation of any bathing place (swimming pool) in a mobile home park shall be subject to the provisions of the regulations of the Pennsylvania Department of Environmental Protection.
K.
Location of mobile homes. All mobile homes as set forth in this chapter shall be located in mobile home parks.
§ 325-51 Fences and retaining walls.
[Added 11-2-2009 by Ord. No. 2009-3]
A. FENCE RETAINING WALL
Definitions. As used in this section, the following terms shall have the meanings indicated:
A man-made barrier/structure placed or arranged as a line of demarcation, an enclosure or a visual barrier located entirely within the Borough of Towanda, Pennsylvania, as well as that part of a structure located within said Borough where not all of the structure is located within said Borough constructed of wood, steel, chain-link, wire, vinyl, masonry or similar material erected for the purpose of screening one property from another to assure privacy, protection or confinement of property. A wall other than a retaining wall shall be considered a fence.
Any wall located entirely within the Borough of Towanda Pennsylvania as well as any part of a wall located within the Borough of Towanda where not all of the wall is located within said Borough designed to resist the lateral displacement of soil or other material.
B.
Permit and maintenance.
(1)
A building permit shall be obtained from a code enforcement official of the Borough of Towanda, Pennsylvania, for any fence or part of a fence located within the Borough of Towanda, Pennsylvania.
C.
Placement.
(1)
No fence shall be erected in a right-of way.
(2)
No retaining wall, masonry or concrete fence shall be located within any easement.
(a)
No other fence constructed in or on an easement shall be constructed without a written certification from all the owners of the land in or upon which the fence is to be placed indicating that each owner agrees that at the request any owner of the easement, the fence shall be promptly removed and that the Borough of Towanda, Pennsylvania shall be relieved of any liability relating thereto.
D.
Materials and height.
(1)
Materials.
(a)
Any fence must be constructed of wood, steel, chain-link, wire, vinyl, masonry or similar material.
(b)
Any fence constructed in whole or in part of concrete block, barbed wire, plywood, corrugated material or other fences with sharp points or edges protruding there from and electrical fences shall not be permitted.
(2)
Height.
(a)
In residential district, the following restrictions shall apply:
[1]
No masonry or concrete fence shall exceed three feet in height.
[2]
No front yard fence shall exceed four feet in height. "Front yard" is considered from the front of the house building line forward to the front property line.
[3]
No rear yard or side yard fence shall exceed six feet in height. "Rear yard" is considered from rear of house building line back to the rear property line. "Side yard" is the remaining yards on the side of the house building lines to the side property line.
E.
Sight and aesthetics.
(1)
No fence shall obstruct the clear sight distances at streets or driveway intersections as the same are mandated by the Pennsylvania Department of Highways in 67 Pa. Code, Chapter 441.
(2)
The finished side of any fence shall face an abutting real property or street.
(3)
No structural support for a fence, such as a post, rail or framing, shall face an abutting real property or street.
F.
Code enforcement office responsibilities. It shall be the responsibility of the Code Enforcement Department of the Borough of Towanda, Pennsylvania, to enforce this section.
G.
Compliance. Wherever a newly erected or replacement fence or retaining wall does not comply with this § 325-51, it shall be the responsibility of any owner of the noncompliant fence or retaining wall who receives written notice of the noncompliance, within 30 days of said notice, shall either bring the fence or retaining wall into compliance or to dismantle the noncompliant fence or retaining wall.
H.
Penalties. Any person or other legal entity who violates Subsection G of this § 325-51 shall commit a summary offence and for each day the fence or retaining wall shall not be in compliance at the expiration of the thirty-day notice set out in § 325-51 and, a fine of not more than $300 may be imposed and/or a sentence of imprisonment up to 30 days.