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Yoe City Zoning Code

PART 5

Environmentally Sensitive Areas

§ 27-501. Erosion Control.

   See State erosion and sedimentation control regulations and the Borough Stormwater Management Ordinance [Chapter 9].
(Ord. 2014-02, 10/7/2014, §501)

§ 27-502. Nuisances and Hazards to Public Safety.

   1.   No land owner, tenant nor lessee shall use or allow to be used any land or structures in a way that results or threatens to result in any of the following conditions:
      A.   Transmission of communicable disease, including conditions that may encourage the breeding of insects or rodents.
      B.   A physical hazard to the public, or a physical hazard that could be an attractive nuisance that would be accessible by children.
      C.   Significant risks to public health and safety, such as but not limited to, explosion, fire or biological hazards.
   2.   Additional Information. If the Zoning Officer has reason to believe that the proposed use may have difficulty complying with the standards of this Chapter, then the Zoning Officer may require an applicant to provide written descriptions of proposed machinery, hazardous substances, operations and safeguards.
(Ord. 2014-02, 10/7/2014, §502)

§ 27-503. Steep Slopes.

   1.   A new principal building shall not be constructed or placed on any area if the development project would require re-grading on more than 1,000 square feet of land area with a natural slope of 25 percent or greater. This Section shall not apply to slopes that were man-made prior to the enactment of this Chapter.
   2.   Land shall not be re-graded prior to seeking development approval in a manner that seeks to circumvent the requirements of this Section.
   3.   The land adjacent to a proposed or existing building shall not be re-graded in such a way that makes it impossible to reach each side of a building with a fire ladder.
(Ord. 2014-02, 10/7/2014, §503)

§ 27-504. Flood-Prone Areas.

   See the Borough Floodplain Ordinance [Chapter 8], as amended.
(Ord. 2014-02, 10/7/2014, §504)

§ 27-505. Noise.

   See the Borough Noise Ordinance [Chapter 10, Part 1], as amended.
(Ord. 2014-02, 10/7/2014, §505)

§ 27-506. Odors and Dust.

   No use shall generate odors or dust that are offensive to persons of average sensitivities beyond the boundaries of the subject lot. This provision shall not apply to normal farming activities that are exempted under the Pennsylvania Right to Farm Act, 3 P.S. §951 et seq.
(Ord. 2014-02, 10/7/2014, §506)

§ 27-507. Control of Light and Glare.

   This Section shall only regulate exterior lighting that spills across lot lines or onto public streets.
      A.   Street Lighting Exempted. This Section shall not apply to: (1) street lighting that is owned, financed or maintained by the Borough or the State, or (2) an individual light of less than 10 feet total height in a front yard or attached to the front of a building (not including a spot light).
      B.   Height of Lights. No luminaire that is within 150 feet of a lot line of an existing dwelling shall be placed at a height exceeding 35 feet above the average surrounding ground level. This limitation shall not apply to lights needed for air safety nor lights intended solely to illuminate an architectural feature of a building, or lighting of outdoor public recreation facilities.
      C.   Diffused. All light sources, including signs, shall be properly diffused as needed with a translucent or similar cover and/or shielded to prevent exposed lighting elements from being directly visible from streets, public sidewalks, dwellings or adjacent lots.
      D.   Shielding. All light sources, including signs, shall be shielded around the light source and carefully directed and placed to prevent the lighting from creating a nuisance to reasonable persons in adjacent dwellings, and to prevent the lighting from shining into the eyes of passing motorists.
      E.   Flickering. Flashing, flickering or strobe lighting are prohibited, except for non-advertising seasonal lights between October 25 and January 10.
      F.   Spillover. Exterior lighting on an institutional, commercial or industrial property shall not cause a spillover of light onto a residential lot that exceeds 1.0 horizontal foot-candle inside the lot line of a lot occupied by an existing dwelling.
      G.   Gasoline Sales Canopies. Any canopy over gasoline pumps shall have light fixtures recessed into the canopy or screened by an extension around the bottom of the canopy or otherwise controlled so that lighting elements are not visible from another lot or street.
      H.   Lighting of Horizontal Surfaces. For the lighting of predominantly horizontal surfaces (such as parking areas and vehicle sales areas), lighting fixtures shall be aimed downward and shall include cut-off measures as needed to properly direct the light and to meet the maximum spillover requirements of paragraph .F and to prevent glare along streets. The Borough may require that light fixtures for nonresidential uses be placed along the street and be aimed away from the street in a manner that also minimizes light shining onto residential lots.
      I.   Lighting of Vertical Surfaces. For lighting of predominantly vertical surfaces (such as building walls and signs), lighting fixtures shall be shielded and aimed so as to not project light towards neighboring residences and that minimizes light that is directed skyward. Lighting of a billboard should be attached to the top of the billboard and project downward. However, lighting shall be allowed of the United States flag, provided the light source shall have a beam spread no greater than necessary to illuminate the flag.
(Ord. 2014-02, 10/7/2014, §507)