1.   Frontage Required onto Improved Street. Each proposed new lot, each land development and each proposed principal building shall be on a lot which directly abuts a public street, a street proposed to be dedicated to the Borough by the subdivision plan which created or creates such lot, or a private street which meets all of the require ments of the Subdivision and Land Development Ordinance. This requirement shall not be met by an “alley.” In the case of townhouses, manufactured/mobile home park, or apartments, each unit may have access onto a parking court which then has access onto a public or private street meeting Borough standards.

   2.   Number of Principal Uses and Principal Buildings per Lot.

      A.   A lot in a C or TC District may include more than one permitted principal use per lot and/or more than one permitted principal building per lot, provided that all of the requirements are met for each use and each building. If differing dimensional requirements apply for different uses on the lot, then the most restrictive requirement shall apply.

         (1)   For example, if use one requires a 1-acre lot area and use two on the same lot requires a 2-acre lot area, then the lot shall have a minimum lot area of 2 acres.

         (2)   The applicant shall submit a site plan that demonstrates that each structure would meet the requirements of this Chapter.

         (3)   The uses and buildings shall be in common ownership. However, a condominium form of ownership of individual buildings, with a legally binding property owners association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Borough Solicitor, that there will be appropriate legal mechanisms in place.

      B.   A lot within a residential district shall not include more than one principal use and shall not include more than one principal building unless specifically permitted by this Chapter.

         (1)   A manufactured/mobile home park, condominium residential development or apartment development may include more than one principal building per lot, provided all other requirements of this Chapter are met. A condominium form of ownership of individual dwelling units, with a legally binding homeowners association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Borough Solicitor, that there will be appropriate legal mechanisms in place and compliance with applicable State law.

   3.   Minimum Size of Dwellings. Each dwelling unit shall include a minimum of 500 square feet of enclosed habitable, indoor and heated floor area, which shall be primarily above the ground level. This 500 square footage may be reduced to 400 square feet for each dwelling unit that is permanently legally restricted to occupancy by at least one person age 55 and older, with no residents under age 18.

   4.   Maximum Occupancy. No recreational vehicle shall be occupied on a lot for more than 30 days in a calendar year, except as may be approved within a campground with suitable central water and sewage service. No mobile/manufactured home shall be occupied on a lot as a dwelling unless it meets all of the requirements for a dwelling. A mobile/manufactured home shall not be used as a storage building, except as may be allowed temporarily during on-site construction under a Borough construction permit.

(Ord. 2014-02, 10/7/2014, §801)

   The maximum structure height specified for each district shall not apply to: antenna and communications towers that meet the requirements of this Chapter, water towers, clock or bell towers, steeples and religious symbols attached to places of worship, utility lines and poles and towers, elevator shafts, rooftop stairways, wind turbines that comply with this Chapter, skylights, chimneys, heating/ventilation/air conditional equipment, industrial mechanical equipment areas that are not occupied by humans, solar energy collection devices, or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy. See also definition of “height” in §27-202 and provisions in §27-307.2.

(Ord. 2014-02, 10/7/2014, §802)

   1.   In General.

      A.   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 require ments of this Chapter. This includes, but is not limited to: setback areas, non- impervious areas and off-street parking areas.

      B.   Emergency Access. All uses and structures shall have adequate provisions for access by emergency vehicles and fire ladders. Such access shall be maintained in a passable condition by the owner of the lot, or where applicable by the property- owner association.

   2.   Exceptions to Minimum Lot Areas, Lot Widths and Setbacks.

      A.   Corner Lots. For a corner lot, each setback that abuts a public street shall be considered a front setback and meet the requirements for minimum depth of a front setback. See definition of “lot, corner” in §27-202.

      B.   Projections into Required Setbacks.

         (1)   Cornices, footers, eaves, roof overhangs, sills or other similar architectural features, exterior stairways, unenclosed fire escapes or other required means of egress, rain leads, chimneys, slanted exterior doors for basement access, window awnings, chaise for heating pipes or other similar structures that do not include space usable by persons may extend or project into a required setback not more than 3 feet.

         (2)   Exterior steps, stoops, fire escapes, handicapped ramps, and landings necessary to provide entrance to a building may be located within a required setback area.

         (3)   For decks and porches, see §27-307.

      C.   Lot Widths Around Curves. Around the bulb of a cul-de-sac street or on the outside of the curve of a street with a radius of less than 150 feet, the minimum lot width at the minimum required building setback line may be reduced to 60 percent of the width that would otherwise be required.

      D.   Front Setbacks. See Note D at the end of §27-307.1, which may allow a reduced front setback where adjacent buildings have smaller existing front setbacks.

   3.   Sight Clearance at Intersections. At the intersection of two streets, a clear sight triangle shall be provided. Within this triangle, no visual obstructions shall be allowed between the height of 3 feet and 10 feet above the ground level, except for fences that are almost entirely transparent fences (such as chain link), utility posts, mailboxes, single sign posts less than 1 feet in diameter and the trunks of canopy trees. Re-grading shall also not reduce visibility within the sight clearance triangle. The triangle shall be measured along the centerline of the streets. Each leg of the triangle shall be measured 75 feet from the intersection of the centerlines of the travel lanes of a local or collector street and 150 feet along an arterial street. A third longer leg shall connect the ends of the two legs to form the triangle.

      A.   However, in place of the above sight triangle, where a local street intersects a collector or arterial street with a stop sign only at the local street, the leg of the triangle along the collector or arterial street in each direction shall be increased to 250 feet and the leg along the local street shall be decreased to 20 feet back from the edge of the intersecting travel lane.

      B.   The clear sight triangle shall be kept free of such obstructions in perpetuity.

      C.   Note: As of 2014, the Comprehensive Plan that includes Yoe Borough classified Main Street as an arterial street, George Street as a collector street, and all other streets as local streets.

      D.   Where an alley intersects with a street, a clear sight triangle shall be required that is 15 feet along the closest cartway of a street and 10 feet long along the centerline of the alley. Where an alley intersects with another alley, a clear sight triangle shall be required that is 10 feet long along the centerlines of both alleys. For example, this sight triangle may require that a rear garage be set back from a corner or that a solid fence be angled near the intersection to avoid intruding into the sight triangle.

      E.   For driveway sight clearance, see §27-603.4.

   4.   Buffers and Planting Screening.

      A.   All subdivisions and land developments shall be landscaped with the following two components:

         (1)   Property line buffers, which act to integrate new development with its surroundings and to separate incompatible land uses.

         (2)   Site element screens, which act to minimize or eliminate views to certain site elements located within 100 feet of property lines or street rights- of-way (either public or private).

      B.   The following requirements are minimum standards, and additional plant material, berms, or architectural elements may be included at the developer’s discretion.

      C.   Property Line Buffer Requirements.

         (1)   Property line buffers shall be required for all proposed development, in accordance with this Section.

         (2)   All on-site investigation by the applicant shall determine the adjacent land uses along each property boundary.

         (3)   In the case of vacant land, the existing zoning district shall be used.

         (4)   Where more than one use is proposed on a lot, the more restrictive buffer requirement shall apply.

         (5)   The amount and type of plant material required shall be determined by the intensity of the proposed land use and the adjacent use, as provided below:

            (a)   Where a new single-family attached building is proposed adjacent to an existing single-family detached dwelling, a low intensity buffer is required.

            (b)   Where a new multi-family/apartment building or rooming house is proposed adjacent to an existing single-family detached dwelling, a medium intensity buffer is required.

            (c)   Where a new or expanded principal commercial use or an off- street parking area of five or more new motor vehicle parking spaces is proposed adjacent to an existing principal residential use, a medium intensity buffer is required. For the purposes of this Section, a nursing home, personal care center or similar use shall be considered to be a residential use.

            (d)   Where a new or expanded principal industrial use or related trucking or industrial processing area is proposed adjacent to an existing principal residential use, a high intensity buffer is required.

            (e)   If an area is routinely used for the loading or unloading or overnight parking of one or more tractor-trailer trucks within 200 feet of an existing principal residential use, then a high intensity buffer is required.

            (f)   Where a new electric sub-station or sewage pump station is proposed adjacent to an existing principal residential use, a medium intensity buffer is required.

            (g)   If an area is routinely used for the loading or unloading or overnight parking of one or more tractor-trailer trucks or for industrial outdoor storage within 100 feet of a public street and is visible from that street, a low intensity buffer is required.

            (h)   If two or more inoperable motor vehicles or vehicles that do not display current registration and/or safety inspection stickers are kept on a lot for more than 7 days within view of a public street or a dwelling on another lot, they shall be screened from view of the dwelling or street by a high intensity buffer or by a well-maintained solid fence constructed of wood, vinyl or similar materials with a minimum height of 6 feet.

         (6)   Buffer Area Location and Dimensions.

            (a)   A buffer area of not less than 20 feet in width shall be established along all property lines of a lot of a use required to provide a buffer under this Section, unless otherwise specified. The Zoning Officer may allow the width to be reduced to 8 feet in the TC District where the applicant proves that a 20 feet width is not feasible.

            (b)   The buffer area shall not include trash dumpsters or driveways, except at necessary perpendicular crossings.

            (c)   The buffer area shall be a continuous pervious planting bed consisting of trees and shrubs, with grass or other vegetative ground cover.

            (d)   Parking is not permitted within the buffer area. A pedestrian trail may be located in a buffer area.

            (e)   Site element screens are permitted within the buffer area.

            (f)   Hard-surfaced stormwater basins are not permitted within the buffer area.

            (g)   Wetlands are permitted within the buffer area.

         (7)   Plant Material Quantities and Types. For every 100 linear feet of property line to be buffered, the following minimum quantities and types of plant material shall be required:

            (a)   Low intensity–one canopy tree and two ornamental trees. (One evergreen tree may be substituted for one of the required ornamental trees.)

            (b)   Medium intensity–one canopy tree, two ornamental trees, two evergreen trees, and five shrubs.

            (c)   High intensity–an average of one evergreen tree shall be placed for each 8 feet of length of the area being buffered, with the trees being staggered so that the center of each tree is at least 10 feet diagonally away from each other tree to provide room for future growth and more complete buffering. In addition, an average of two ornamental trees and one canopy tree shall be provided for every 100 feet of property line length to be buffered.

               1)   Such landscaping may be combined with an earth berm. This berm should have an average minimum height of 5 feet and maximum side slopes of 3:1, except that a retaining wall may be used on a commercial or industrial side.

               2)   If landscaping is combined with a berm, at least 60 percent of the landscaping shall be placed on the outside slope of the berm. Landscaping may be placed on the top of the berm if there will be proper moisture at the top of the berm. Any other required landscap ing shall be placed between the berm and the adjacent street or lot line.

         (8)   Design Criteria.

            (a)   The required plant material shall be distributed over the entire length and width of the buffer area.

            (b)   Buffer plant material may be arranged symmetrically (formal) or asymmetrically (informal) and may be grouped to form plant clusters. However, informal groupings that reflect a more natural character are encouraged.

            (c)   Plants shall be spaced to provide optimum growing conditions.

            (d)   All plant materials shall meet the requirements of this Chapter.

            (e)   A variety of tree species is required according to the following:

 

 

         (10)   Where buffering is required to be provided by more than one Section of the Borough ordinances and the provisions of such Sections differ, the requirements that will provide the most buffering shall apply.

         (11)   The following species of trees and other plants are not allowed to be used to meet Borough requirements:

            (a)   Species listed officially as “invasive species” by the State Department of Conservation and Natural Resources.

            (b)   Paper/White Birch.

            (c)   Box Elder.

            (d)   Catalpa.

            (e)   Cottonwood.

            (f)   Silver Maple.

            (g)   Bradford Callery Pear.

            (h)   Poplar.

            (i)   Willow.

      D.   Site Element Screens.

         (1)   One of the following types of site element screens shall be required to be installed on the property of a proposed development around the following site elements, when such elements are located partially or fully within 100 feet of the affected property line of an existing dwelling or an existing public street right-of-way:

            (a)   Parking lots for five or more motor vehicles that are located within 100 feet of a public street–site element screens 1, 6, 7, 8 or 9.

            (b)   Trash dumpsters that are visible from a dwelling or a public street–site element screens 3, 4, 5 or 8.

            (c)   Single-family attached dwelling (townhouse) or multi-fam ily/apartment dwelling rear setbacks that abut a public street–site element screens 1, 2, 7 or 8.

            (d)   Stormwater detention basins planned to hold more than 5 feet of water depth that are visible from a dwelling or a public street–site element screens 1, 6, 7 or 8.

            (e)   Sewage pump stations that are visible from a dwelling or a public street–site element screens 1, 6, 7 or 8.

         (2)   Site elements not included in the above list but with similar visual impact shall be screened according to the requirements for the most similar elements.

         (3)   The site element screen shall be placed between the site element and the property line and shall be designed to block views from a street and dwelling to the maximum extent possible. The screen shall surround the element as much as practical without impeding the functions on the lot or encroaching on sight clearance triangles.

         (4)   Design of Alternative Screen Types. The following types of screens shall be used where specified in paragraph .D(1) above:

            (a)   Screen Type No. 1, Evergreen or Deciduous Shrubs. Shrubs shall be placed 3 feet on center in a minimum 5-foot wide bed surrounding the site element and arranged to provide a continuous hedge-like screen up to a minimum height of 3 feet at maturity. Shrubs shall be at least 2 feet in height at the time of planting.

            (b)   Screen Type No. 2, Evergreen Hedge with Ornamental and Canopy Trees. An average of one evergreen tree shall be placed for each 8 feet of length of the area being screened, with the trees being staggered so that the center of each tree is at least 12 feet away diagonally from each other tree to provide room for future growth. In addition, an average of two ornamental trees and one canopy tree shall be provided for every 100 feet of property line length to be screened.

               1)   Such landscaping may be combined with an earth berm with an average minimum height of 5 feet and maximum side slopes of 3:1.

               2)   If a berm is used, the majority of landscaping shall be placed on the outside slope of the berm. Landscaping may be placed on the top of the berm if there will be proper moisture at the top of the berm. Any other required landscaping shall be placed between the berm and the adjacent street or lot line.

            (c)   Screen Type No. 3, Opaque Fence. A 6-foot opaque fence surround ing the site element on at least three sides shall be provided.

            (d)   Screen Type No. 4, Opaque Fence with Ornamental Trees and Shrubs. A 6-foot opaque fence surrounding site element on at least three sides with additional plantings at the minimum rate of three shrubs and two ornamental trees or large shrubs for each 10 linear feet of proposed fence, arranged formally or informally next to fence, shall be provided.

            (e)   Screen Type No. 5, Architectural Extension of the Building. An 8- foot minimum-height architectural extension of the building (such as a wing wall) shall enclose the service or loading dock. The extension shall be consistent in building materials and style with the main building.

            (f)   Screen Type No. 6, Berm with Ornamental Trees. A 2- to 3-foot high continuous berm with ornamental trees at the rate of one tree for every 20 feet clustered or arranged informally shall be provided. The maximum slope of the berm shall be 3:1.

            (g)   Screen Type No. 7. A 2- to 3-foot high continuous berm with grass or groundcover shall be provided. The maximum slope of the berm shall be 3:1, except that a retaining wall may be used on a commercial or industrial side.

            (h)   Screen Type No. 8, Evergreen Hedge. An evergreen hedge with a minimum height at planting of 6 feet, planted a maximum of 3 feet on center, shall be provided.

            (i)   Screen Type No. 9, Low Wall. A wall with an exterior surface with the appearance of brick, stone or architectural masonry (not concrete block), and no less than 3 and no more than 4 feet in height, shall be provided.

         (5)   Existing healthy trees, shrubs, or woodlands may be substituted for part or all of the required plant material. The minimum quantities and/or visual effect of the existing vegetation shall be equal to or exceed that of the required screen.

(Ord. 2014-02, 10/7/2014, §803)

   1.   Any part of a commercial, industrial, institutional or apartment 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 vegetative groundcover, and shall be landscaped with trees and shrubs. Landscaped areas shall be kept free of junk, debris, rubbish and noxious weeds.

   2.   See also the buffer yard provisions in §27-803. See the parking lot landscaping and parking lot setbacks in the Subdivision and Land Development Ordinance.

   3.   Landscape Maintenance. All trees and other landscaping required by this Chapter or the Subdivision and Land Development Ordinance shall be perpetually maintained by the property-owner. If any landscaping that is needed to meet an ordinance requirement dies, is removed, or is severely damaged, it shall be replaced by the current property owner, within a maximum of 180 days. Note: In certain cases the developer will be responsible for replacement within an initial time period under a subdivision requirement.

   4.   Street Trees. Street trees shall be required along a new street or an extension of an existing street of more than 100 feet in length. Street trees are not required where the Borough determines that existing healthy trees proposed to be preserved will serve the same function.

      A.   The Borough Council may approve other species of trees than those listed below if the applicant proves to the satisfaction of the Borough Council that the trees would be sturdy, attractive and resistant to disease and road salt.

      B.   A tree required by this Section shall be of the following species. This list shall not regulate types of trees that are not required to be planted by this Chapter.

 

      C.   If more than 10 trees are required to be planted, then no more than 50 percent shall be of one species.

      E.   Quality of Trees. Trees shall be of symmetrical growth, free of insect pests and disease and durable under the maintenance contemplated. The developer shall water trees as needed until a property is sold.

      E.   Minimum Sizes and Standards. The trunk diameter (measured at a height of 4.5 feet above the finished grade level) of deciduous shade trees required by this Chapter shall be a minimum of 2.5 inches.

      F.   Planting and Maintenance.

         (1)   Trees shall be planted in conformance with good landscaping practices.

         (2)   Trees adjacent to or within parking areas shall be properly protected from damage by vehicles by raised curbs, raised earth, protective devices and/or sufficient setback.

      G.   Required Number and Spacing of Street Trees. Where required, an average of one street tree shall be planted for every 50 feet of distance along the street right-of-way line on each affected side of the street. Trees shall be distributed along the length of the street, but are not required to be evenly spaced.

      H.   Location of Street Trees. The trunks of required street trees shall be planted outside of but immediately adjacent to the street right-of-way, unless an alternative location is specifically approved by the Borough or required by PennDOT.

(Ord. 2014-02, 10/7/2014, §804)

   1.   Proof and Registration of Nonconformities. It shall be the responsibility of, with the burden of proof upon a party asserting a nonconformity to provide the evidence that it is lawful. A property owner may request a written statement of nonconformity from the Zoning Officer after providing sufficient evidence.

   2.   Continuation of Nonconformities.

      A.   A lawful nonconforming use, structure or lot as defined by this Chapter may be continued and may be sold and continued by new owners.

      B.   Any expansion of, construction upon or change in use of a nonconformity shall only occur in conformance with this Section.

      C.   If an existing use was not lawfully established, it shall not have any right to continue as a nonconforming use.

   3.   Expansion of or Construction Involving Nonconformities. The following shall apply, unless the structure is approved under subsection .4.

      A.   Nonconforming Structure.

         (1)   The Zoning Officer shall permit a nonconforming structure to be reconstructed or expanded provided:

            (a)   That such action will not increase the severity or amount of the nonconformity (such as the area of the building extending into the required setback) or create any new nonconformity.

            (b)   That any expanded area will comply with the applicable setbacks in that district and other requirements of this Chapter, except as may be allowed under paragraph .B(3) below.

         (2)   In the case of a nonconforming structure which is used by a noncon forming use, any expansion shall also meet the requirements of this Section regarding nonconforming uses.

      B.   Nonconforming Lots.

         (1)   Permitted Construction on a Nonconforming Lot. A single permitted by right principal use and its customary accessory uses may be constructed, reconstructed or expanded on a nonconforming lot provided all of the following additional requirements are met:

            (a)   The lot must be a lawful nonconforming lot of record.

            (b)   Minimum setback requirements shall be met, except as is allowed in subparagraph (3) below.

            (c)   State and Federal wetland regulations shall be met.

            (d)   If a septic or well is used, the requirements for such shall be met.

         (2)   Lot Width. The fact that an existing lawful lot of record does not meet the minimum lot width requirements of this Chapter shall not by itself cause such lot to be considered to be a nonconforming lot.

         (3)   Reduction of Side Setbacks. On an existing lawful lot with a noncon forming width, as a special exception, the Zoning Hearing Board may approve a reduction of up to 50 percent in each side setback if the applicant proves such reduction is necessary to allow a customary addition to an existing dwelling, a replacement of an existing undersized dwelling with a new dwelling, or to avoid the construction of a new dwelling that would be inconsistent with the building width of adjacent dwellings. This subsection shall not allow a reduction in setback to increase the number of dwelling units on the lot, except for a unit for care of relative.

         (4)   Where part of an existing one family dwelling has side setback that is smaller than would normally be required, other parts of that dwelling may be expanded on that same side, provided that the extension does not go beyond the side setback that already exists on that side.

      C.   Expansion of a Nonconforming Nonresidential Use. A nonconforming use or a building used by a nonconforming use shall only be expanded if there is compliance with the following provisions:

         (1)   An expansion of more than 5 percent in total building floor area shall require special exception approval from the Zoning Hearing Board under Part 1.

         (2)   Such reconstruction or expansion shall be only upon the same lot that the nonconforming use was located upon at the time the use became noncon forming.

         (3)   The (a) total building floor area used by a nonconforming use or the (b) total land area covered by the nonconforming use, whichever is more restrictive, shall not be increased by greater than 35 percent beyond what existed in the nonconforming use at the time the use first became noncon forming.

            (a)   The above maximum increase shall be measured in aggregate over the entire life of the nonconformity. All expansions of the noncon forming use and/or building(s) that occurred since the use originally became nonconforming shall count towards the above maximum increase.

         (4)   Any expansion of a nonconforming use shall meet the required setbacks and other requirements of this Chapter, unless the Zoning Hearing Board grants a variance.

      D.   Expansion of a Nonconforming Residential Use. An existing nonconforming residential use may be expanded as a permitted by right use provided that: (1) the number of dwelling units or rooming house units are not increased, (2) the expansion meets all applicable setbacks, (3) no new types of nonconformities are created and (4) a nonconformity is not made more severe.

      E.   Nonconforming Sign. The provisions of this Chapter shall not provide a right to expand or extend a nonconforming sign. Instead, any expansions or extensions of a nonconforming sign shall comply with this Chapter. See also §27-707.

   4.   Damaged or Destroyed Nonconformities. A nonconforming structure or nonconforming use that has been destroyed or damaged may be rebuilt in a noncon forming fashion only if: (A) the application for a building permit is submitted within 12 months after the date of damage or destruction, (B) work begins in earnest within 12 months after the building permit is issued and continues, and (C) no nonconformity may be newly created or increased by any reconstruction. The property shall be properly secured during such time in such a way to keep out trespassers and to avoid harm to neighboring properties. See the Property Maintenance Code [Chapter 5, Part 2].

   5.   Abandonment of a Nonconformity.

      A.   If a nonconforming use of a building or land is discontinued, razed, removed or abandoned for 12 or more months, subsequent use of such building or land shall conform with the regulations of the district in which it is located, except:

         (1)   As provided for in the “damaged or destroyed nonconformities” provisions of subsection .4.

      B.   The applicant shall be responsible to provide clear and convincing evidence that the nonconformity was not abandoned.

      C.   An existing lawful separate dwelling unit may be unrented for any period of time without being considered “abandoned” under this Chapter.

   6.   Changes from One Nonconforming Use to Another.

      A.   Once changed to a conforming use, a structure or land shall not revert to a nonconforming use.

      B.   A nonconforming use may be changed to a different nonconforming use only if approved as a special exception by the Zoning Hearing Board. However, special exception approval is not needed for a simple change within an existing building from one lawful nonconforming retail store use to another retail store use or from one lawful nonconforming personal service use to another personal service use provided that the new use complies with any Zoning Hearing Board conditions that applied to the previous use and is not more objectionable in external effects than the previous use.

      C.   Where special exception approval is required for a change of a noncon forming use, the Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equal or less objection able in external effects than the preexisting nonconforming use with regard to:

         (1)   Traffic safety and generation (especially truck traffic).

         (2)   Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire, hazardous substances, and explosive hazards.

         (3)   Amount and character of outdoor storage.

         (4)   Hours of operation if the use would be close to dwellings.

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

      D.   A nonconforming use shall not be changed to a nonconforming adult use.

   7.   District Changes. Any uses, structures or lots that become nonconforming because of a zoning district change shall be regulated under this Section on noncon formities.

(Ord. 2014-02, 10/7/2014, §805)

   1.   See §27-803.4.D for screening requirements. Site plans submitted to the Borough shall show the proposed location of any garbage dumpsters. The Borough may require that such proposed location be modified to provide compatibility with adjacent uses.

   2.   The Borough staff may issue a permit to place a temporary dumpster within a street right-of-way where necessary for on-site work, provided such dumpster does not obstruct traffic or safe sight distances. A maximum time period shall be established on the permit.

(Ord. 2014-02, 10/7/2014, §806)

   1.   This Section shall apply to a portable storage container that is kept outside of a building and which has a length greater than 10 feet and which is not currently attached to a motor vehicle or railroad and which is not part of a permitted industrial use.

   2.   The following regulations shall apply on a principally residential lot:

      A.   A portable storage container shall not be kept on a principally residential lot for a total of more than 4 months in any 2-year period, unless it is being used as part of an active construction permit for the lot. A temporary zoning permit shall be required if the portable storage container is kept on the lot for more than 30 days.

      B.   A maximum of one portable storage container shall be allowed per lot.

   3.   On a lot that is not a principally residential lot, any portable storage container that is kept on a lot for more than 30 days shall meet the setbacks that apply to a principal building, unless it is necessary to temporarily hold materials for on-site construction.

   4.   The following shall apply to any portable storage container:

      A.   The container shall not obstruct safe sight distances at intersections.

      B.   The container shall not obstruct travel lanes of a street or a public sidewalk.

      C.   The container shall only be allowed to be placed within a street right-of- way if a permit for such placement is issued by the Borough. Such permit shall specify a maximum number of days during which the container may be placed within the right-of-way.

      D.   The container shall not be used to store hazardous, explosive or toxic substances or putrescent garbage.

      E.   A facility that stores portable storage containers that have been leased by others or are available for lease shall be considered a warehouse.

(Ord. 2014-02, 10/7/2014, §807)

For a printable PDF of the Zoning Map, click HERE