The following regulations shall qualify or supplement the district regulations appearing elsewhere in this chapter.
(A) Use regulations.
(1) Farming. The tilling of the soil, raising of crops, and gardening shall be permitted in any district.
(2) Manufacturing. In order that the Zoning Officer may have a reasonable basis upon which to approve a proposed industrial operation for conformity to the requirements of this chapter, the following data shall be submitted with an application for a permit:
(a) Plot plan;
(b) Architectural plan;
(c) Description of operation;
(d) Engineering and architectural plans for water supply and sewage disposal;
(e) Plans for prevention or control of noise, vibration, glare, fire hazards, air pollution, water pollution, and traffic;
(f) Proposed fuel;
(g) Number of shifts and maximum employment per shift; and
(h) Additional pertinent data as may be required by the Zoning Officer.
(3) Motels. In districts where permitted, motels shall be subject to the following conditions.
(a) Cabins or parts thereof shall be placed no closer to any lot line than 30 feet.
(b) The space between cabins or units shall be not more than 20 feet and the space between the fronts or rears of cabins or units shall be not less than 60 feet.
(c) At least one parking space shall be provided on the premises for each accommodation. Off-street parking and loading spaces for other facilities developed on the motel premises shall be provided as required by § 154.030.
(d) Every cabin or unit shall be provided with running water and toilet facilities for each accommodation.
(e) With the application for a permit, a plan shall be submitted to the Zoning Officer showing the following:
1. Extent and area of the property;
2. Entrances, exits, driveways, roads, and walks;
3. Site of each cabin or unit;
4. Plan for water supply;
5. Plan for sewage disposal; and
6. Plan for supply of electricity.
(4) Municipal uses. In any district, a building may be erected, altered, or extended and land may be developed which is arranged, intended, or designed for municipal uses, including municipal recreation use.
(5) Prohibited uses.
(a) Dwellings in the Flood-Prone and Commercial Districts. Hereafter, a building shall not be erected in the Commercial Districts established on the zoning map for use as a single-family or two-family dwelling unless the dwelling use is incidental to the principal use of the premises.
(b) Prohibited uses. The following uses are prohibited in all districts throughout the borough:
1. The incineration, reduction, or storage of garbage, offal, animals, fish, or refuse, unless by the authority of or under the supervision of the borough;
2. Dumps and dumping of any kind unless by the authority of or under the supervision of the borough;
3. The stripping of top soil for sale, exclusive of the process of grading a lot preparatory to the construction of a building for which a permit has been issued;
4. All trailer coaches, trailer camps, mobile homes, and mobile home parks; or any manufactured or modular homes with a roof pitch less than seven to 12 (seven inches vertical rise over 12 horizontal inches);
5. Occupying for sleeping or living purposes motor homes and camper trailers;
6. Mining and quarrying;
7. Race tracks;
8. Outdoor drive-in theaters;
9. Poultry raising activities;
10. The parking of vehicles, specifically defined/designated as commercial vehicles by the state’s Motor Vehicle Code, on any public right-of-way, excepting temporarily for the purpose of loading and unloading;
11. The parking or storage of construction related vehicles or equipment on any public right-of-way, excepting temporarily while construction is underway provided a permit has been duly granted for the construction activity;
12. The displaying and selling of pornographic material;
13. Produces heat, smoke, odors, dust, or vibration perceptible beyond the property boundary, except during temporary construction or repair activities;
14. Involves explosive materials or processes or creates special fire hazards, except when controlled by insured, licensed, and/or professional person(s) for special events sanctioned by Borough Council or its designee, such as Independence Day celebration(s), or for temporary construction activities;
15. Produces glare from any process which emits harmful ultraviolet rays, including arc welding and acetylene torch cutting, perceptible beyond the property boundary, except during temporary construction or repair activities;
16. Produces electromagnetic radiation or radioactive emissions which exceed applicable local, state, or federal law;
17. Produces noise levels which violate the borough’s noise ordinance or its successor; and
18. Air conditioners, ventilation, heating units, and similar devices of eight tons or greater heating or cooling capacity that emit sound that is plainly audible beyond the property boundary shall be required to apply “best engineering practices for noise mitigation and control” sound mitigation techniques to reduce the sound to the extent feasible.
(c) Outside storage. The out-of-doors parking or storage of equipment, supplies, or other materials on any lot in the S, R-1, R-2, R-3, and R-4 Districts, excepting as may temporarily be required during construction activities.
(d) Commercial vehicle parking. The out-of-doors parking or storage of vehicles, specifically defined/designated as commercial vehicles by the state’s Motor Vehicle Code on any lot in the S, R-1, R-2, R-2T, R-3, R-4, or RLC Districts, excepting temporarily for the purpose loading and unloading.
(6) Public utility facilities. Public utility facilities shall be permitted in any district without regard to the use and area regulations; provided, however, that buildings or structures erected for these utilities shall be subject to the height regulations and front, side, and rear yard regulations of the district in which the facility is located.
(B) Height regulations.
(1) The height of any building may exceed the maximum permitted height by one foot for each additional foot by which the width of each yard exceeds the minimum yard regulation for the district in which the building is located, except for those buildings which are controlled by a floor-area ratio.
(2) Height regulations shall not apply to spires, belfries, cupolas, penthouses, or domes not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, bulkheads, utility poles or towers, silos, grain elevators, and necessary mechanical or ornamental appurtenances.
(3) For all residential uses, accessory buildings shall not exceed 25 feet in height.
(C) Area regulations. Unless the regulations of the district in which they are located require greater lot areas or lot widths, the following regulations shall apply.
(1) Lots not served by a public water or sanitary sewer system or other systems approved by the Department of Environmental Protection shall be not less than 100 feet wide at the building line nor less than 20,000 square feet in area, per dwelling unit.
(2) Lots served by a public water system and a septic tank shall be not less than 60 feet wide at the building line nor less than 9,000 square feet in area, per dwelling unit.
(3) On a lot held in single and separate ownership on the effective date of this chapter which does not fulfill the regulations for the minimum area and yard dimensions for the district in which it is located, a building may be erected, altered, and used thereon, providing the yard space is not less than the minimum specified herein; and said lot may be subdivided upon approval of the subdivision plat or plats by the Borough Planning Commission.
(4) The area, width, and depth of lots shall provide adequate open area for off-street parking space and yards. When necessary, septic tanks and drain fields shall be provided with open space in addition to the open space required for off-street parking and other paved areas, and the area covered by the main building and buildings and structures accessory thereto.
(D) Yard regulations.
(1) Front yards.
(a) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where a main building is proposed to be built on an unimproved lot which is situated between two lots on which one or both of the main buildings have maintained lesser front yard setbacks; from a street, avenue, drive, lane, road, or way that is greater than 20 feet in width; than those required since the enactment of the zoning ordinance in February 1959, then the front yard setback of the middle main building may be reduced to the average of the front yard setbacks of the two adjacent lots, however, the entrance wall/opening of a garage or carport shall not be constructed less than 20 feet from the street line.
(b) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where an unimproved lot is bordered on one side by another unimproved lot and on the other side by a lot on which the main building has maintained a lesser front yard setback; from a street, avenue, drive, lane, road, or way that is greater than 20 feet in width; than required since the enactment of the zoning ordinance in February 1959, then the front yard setback of such middle lot may be the average depth of the front yard setback required for the district and the front yard setback of the main building on the adjoining lot, however, the entrance wall/opening of a garage or carport cannot be constructed less than 20 feet from the street line. The second unimproved lot from the original improved lot must have at least the minimum front yard setback required in the district.
(c) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where the main building is proposed to be built on an unimproved corner lot which is situated beside a lot on which the main building has maintained a lesser front yard setback; from a street, avenue, drive, lane, road, or way that is greater than 20 feet in width; than those required since the enactment of the zoning ordinance in February 1959, then the front yard setback of such unimproved lot may be the average depth of the front yard setback required for the district and the front yard setback of the main building on the adjoining lot, however, the entrance wall/opening of a garage or carport shall not be constructed less than 20 feet from the street line.
(d) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where the main building is proposed to be built on an unimproved corner lot which is situated beside a lot on which the main building has maintained a front yard setback of less than 20 feet; from a street, avenue, drive, lane, road, or way that is equal to or less than 20 feet in width; then the front yard setback of such unimproved lot may be the average depth of the front yard setback required for the district and the front yard setback of the main building on the adjoining lot, however, the front yard setback shall not be less than ten feet. The entrance wall/opening of a garage or carport shall not be constructed less than 20 feet from the street line.
(e) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where the original main building that was constructed prior to February 1959 is proposed to be extended or enlarged on a lot which is situated between two lots on which the main buildings have maintained lesser front yard setbacks; from a street, avenue, drive, lane, road, or way that is greater than 20 feet in width; than those required since the enactment of the zoning ordinance in February 1959, then the front yard setback of the middle main building may be reduced to the average of the front yard setbacks of the two adjacent lots when the front yard setbacks of both of the adjacent lots are less than that of the middle lot, however, the entrance wall/opening of a garage or carport shall not be constructed less than 20 feet from the street line.
(f) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where the original main building that was constructed prior to February 1959 is proposed to be extended or enlarged on a lot which is situated beside a lot on which the main building has maintained lesser front yard setback; from a street, avenue, drive, lane, road, or way that is greater than 20 feet in width; than those required since the enactment of the zoning ordinance in February 1959, then the front yard setback of the one-half width of the main building which is to be extended or enlarged that is situated beside the non-compliant adjacent property may be equal the average of the existing front yard setback of the lot in question and the front yard setback of the non-compliant adjacent lot, however, the entrance wall/opening of a garage or carport shall not be constructed less than 20 feet from the street line.
(g) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where the original main building that was constructed prior to February 1959 is proposed to be extended or enlarged on a corner lot which is situated beside a lot on which the main building has maintained a lesser front yard setback; from a street, avenue, drive, lane, road, or way that is greater than 20 feet in width; than those required since the enactment of the zoning ordinance in February 1959, then the front yard setback of the main building may be equal to the average depth of the existing front yard setback of the lot in question and the front yard setback of the of the non-compliant adjacent lot, however, the entrance wall/opening of a garage or carport cannot be constructed less than 20 feet from the street line.
(h) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where the main building is proposed to be extended or enlarged on a corner lot which is situated beside a lot on which the main building has maintained a front yard setback of less than 20 feet; from a street, avenue, drive, lane, road, or way that is equal to or less than 20 feet in width; then the front yard setback of such main building may be equal to the average depth of the existing front yard setback of the lot in question and the front yard setback of the main building on the adjoining lot, however, the front yard setback shall not be less than ten feet. The entrance wall/opening of a garage or carport shall not be constructed less than 20 feet from the street line.
(i) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where the main building is proposed to be extended or enlarged on a lot which is situated between two lots on which the main buildings have maintained front yard setbacks of less than 20 feet; from a street, avenue, drive, lane, road, or way that equal to or less than 20 feet in width; then the front yard setback of the middle main building may be reduced to the average of the front yard setbacks of the two adjacent lots when the front yard setbacks of both of the adjacent lots are less than that of the middle lot, however, the front yard setback shall not be less than ten feet. The entrance wall/opening of a garage or carport shall not be constructed less than 20 feet from the street line.
(j) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where the main building is proposed to be extended or enlarged on a lot which is situated beside a lot on which the main building has maintained front yard setback of less than 20 feet; from a street, avenue, drive, lane, road, or way that is equal to or less than 20 feet in width; then the front yard setback of the one-half width of the main building which is to be extended or enlarged situated beside the non-compliant adjacent property may be equal to the average of the existing front yard setback of the lot in question and the front yard setback of the non-compliant adjacent lot, however, the front yard setback shall not be less than ten feet. The entrance wall/opening of a garage or carport shall not be constructed less than 20 feet from the street line.
(k) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where the main building is proposed to be extended or enlarged on a lot which has no adjoining lots fronting along a street, avenue, drive, lane, road, or way that is equal to or less than 20 feet in width and has maintained a front yard setback of less than 20 feet, then the front yard setback of the proposed extension or enlargement of the main building shall be equal to the setback of the existing main building, however, the front yard setback shall not be less than ten feet. The entrance wall/opening of a garage or carport shall not be constructed less than 20 feet from the street line.
(l) In Zoning District R-2T, the front yard setback for townhouse units shall not be less than 20 feet.
(2) Side yards.
(a) On corner lots, the side yard abutting a street, avenue, drive, lane, road, or way that is not parallel to the front lot line shall have a minimum width as required in the zoning district.
(b) On an interior lot, held in single and separate ownership, with a lot width less than required for the zoning district only one main building may be erected, and side yards shall be provided according to the following requirements.
1. On lots with a width of 50 feet or more, two side yards shall be provided as required by the district regulations.
2. On lots less than 50 feet but not less than 27 feet in width, two side yards shall be provided, each equaling 20% of the lot width.
3. On lots less than 27 feet but not less than 20 feet in width, the main building shall be 16 feet in width and only one side yard shall be provided, equaling in width the difference between the lot width and 16 feet. One side wall of the main building shall be constructed abutting the lot line and shall have no door openings nor be constructed as a party wall.
4. On lots less than 20 feet in width, a main building shall be constructed the full width of the lot. Side walls abutting the lot lines shall have no door openings and they shall not be constructed as party walls. For dwellings, constructed to a depth of more than two rooms, a court not less than six feet in width shall be provided, abutting the side wall for all rooms beyond the second room.
(c) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where a main building is proposed to be built on a lot which is situated between two lots on which one or both of the main buildings have maintained lesser side yard setbacks than required since the enactment of the zoning ordinance in February 1959, then the side yard setback of the middle main building may be reduced to the side yard setback of the adjacent lot, however, no portion of the main building shall be less than five feet from the side lot line.
(d) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where the main building is proposed to be extended or enlarged on a lot on which the main building has maintained a lesser side yard setback than required since the enactment of the zoning ordinance in February 1959, then the side yard setback of any proposed extension or enlargement of the main building may also be reduced to a point no closer to a side lot line than the shortest setback distance of the existing main building, however no proposed extension or enlargement of the main building shall be less than five feet from the side lot line.
(e) A carport, open on three sides, may be erected within one of the side yards when attached to a main building existing prior to February 1959; provided, the carport shall be not less than three feet from such side lot line.
(3) Rear yards.
(a) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where a main building is proposed to be built on a lot which is situated between two lots on which the main buildings have maintained lesser rear yard setbacks than required since the enactment of the zoning ordinance in February 1959, then the rear yard setback of the middle main building may be reduced to the average of the rear yard setbacks of the two adjacent lots, however, however no part of the main building shall be less than 15 feet from the rear lot line and the entrance wall/opening of a garage or carport cannot be constructed less than 30 feet from the rear lot line.
(b) In zoning districts currently designated as R-1, R-2, R-3, R-4, RLC, C-2, CMR, and for single-family dwellings in the R-2T District, where the main building is proposed to be extended or enlarged on a lot on which the main building has maintained a lesser rear yard setback than required since the enactment of the zoning ordinance in February 1959, then the rear yard setback of any proposed extension or enlargement of the main building may also be reduced to a point no closer to the rear lot line than the shortest setback distance of the existing main building:
1. However, no part of the main building shall be less than 15 feet from the rear lot line and the entrance wall/opening of a garage or carport shall not be constructed less than 30 feet from the rear lot line when the lot in question is an interior lot; and
2. However, no part of the main building shall be less than five feet from the rear lot line and the entrance wall/opening of a garage or carport shall not be constructed less than 30 feet from the rear lot line when the lot in question is a corner lot.
(4) Accessory buildings and swimming pools.
(a) An accessory building may be erected within the front yard of a through lot in the yard fronting along a street, avenue, drive, lane, road, or way that is less than 20 feet in width; provided:
1. The accessory building shall not occupy more than 30% of the required front yard;
2. An exterior wall, having an opening for vehicle access, shall be located at least 20 feet from the street line;
3. An exterior wall, not having an opening for vehicle access, shall be located at least ten feet from the street line; and
4. The accessory building shall be located at least five feet from the side lot lines.
(b) A swimming pool and accessory deck may be erected within the front yard of a through lot in the yard fronting along a street, avenue, drive, lane, road, or way that is less than 20 feet in width, provided:
1. The swimming pool and accessory deck shall be located at least 20 feet from the street line; and
2. The swimming pool and accessory deck shall be located no closer to the side lot line than either five feet or the distance of the required side yard for the zoning district in which it is located, whichever is greater.
(c) An accessory building may be erected within the rear yard of a lot, provided:
1. The accessory building shall not occupy more than 30% of the required rear yard; and
2. The accessory building shall be located at least five feet from the side and rear lot lines.
(d) A swimming pool and accessory deck may be erected within the rear yard of a lot, provided: the swimming pool and accessory deck shall be located no closer to the rear or side lot lines than either five feet or the distance of the required side yard for the zoning district in which it is located, whichever is greater.
(e) An accessory building may be erected within a side yard, provided the accessory building shall be located at least five feet from the side lot line.
(5) Projection in yards.
(a) Cornices, eaves, gutters, bay windows, or chimneys may project into the front, side, or rear yard of a lot not more than two feet.
(b) Covered porches and decks, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into any yard.
(c) Uncovered and unenclosed porches and decks, the floor level of which exceeds two feet in height above the surrounding level of the ground, shall not project into any yard.
(d) Uncovered and unenclosed porches, the floor level of which may not exceed two feet in height above the surrounding level of the ground, may project into the front yard of a lot by not more than four feet.
(e) Uncovered and unenclosed porches and decks, the floor level of which may not exceed two feet in height above the surrounding level of the ground, may project into the rear yard of a lot by not more than ten feet.
(f) For a public building, a handicapped ramp may be constructed regardless of the yard setback requirements of the district.
(g) For a private residence, a handicapped ramp may temporarily be constructed within the yard(s) but shall only extend into the yard(s) a maximum width of four feet and then only for the duration of time as it is required by the occupant of the residence.
(6) Fencing, screening, and retaining walls. Unless otherwise stipulated, the following standards shall apply:
(a) Fences, walls, hedges, or other planted screens may be erected in any yard subject to following height restrictions:
1. Located in a front yard: three and one-half feet maximum;
2. Located in a side or rear yard: six feet maximum or up to eight feet provided the ratio of solid to open portion does not exceed one to four. It is the responsibility of the person who is applying for the zoning permit to determine whether 53 P.S. § 15171 also applies. There shall be no maximum applied to hedges or planted screens (e.g., trees) located along the rear property line; and
3. Located in any yard in the CMR Zoning District where the property is used for commercial or manufacturing purposes: 12 feet maximum. All yards used for the storage of any material needed for the operation or conduct of a manufacturing or commercial enterprise shall be enclosed by a solid wall, uniformly painted board fence, or screen planting on all sides which face upon a street. It is the responsibility of the person who is applying for the zoning permit to determine whether 53 P.S. § 15171 also applies.
(b) Fences, screens, or walls up to ten feet in height may be approved by the Planning Commission for any yard of a public school, recreational facility, building, or a public/essential service provided that the ratio of solid to open portion does not exceed 1:4. It is the responsibility of the person who is applying for the zoning permit to determine whether 53 P.S. § 15171 also applies;
(c) A retaining wall may be erected along any property line or in any yard where it is required to prevent a landslide or other hazardous conditions;
(d) A fence or screen cannot be erected in a public or dedicated right-of-way;
(e) Fences located along a property boundary shall be set back a minimum of six inches from the property line;
(f) Fences shall not contain barbs or similar types of injurious materials, unless specifically approved by the Planning Commission for security reasons;
(g) The finished side of the fence or wall shall always face the abutting properties or street; and
(h) Fencing around swimming pools:
1. In-ground pools, in all zoning districts, shall be enclosed by a fence, constituting a barrier to small children, at least four feet in height and equipped with a gate and lock. Fencing for a pool shall comply with the applicable requirements of this division (D)(6)(h).
2. Above-ground pools in all zoning districts having vertical walls four feet or more above ground level and removable steps are not required to be fenced, but the owner shall remove the steps when the pool is not in use to prevent access by small children.
(7) Obstruction to vision. Walls, fences, signs, or other structures shall not be erected or altered, and hedges, trees, or other growth shall not be planted or maintained, which may cause danger to traffic on a street or driveway or to pedestrians on a sidewalk or street by obstructing the view.
(E) Courts. Courts shall conform to the following requirements.
(1) Generally. An open space in the form of an inner court or outer court shall be provided in connection with any building in any residential or business district wherever any room therein in which a person or persons live, work, sleep, or congregate cannot be adequately lighted and ventilated from the street or yard. Such court shall be adjacent to such room, the windows of which shall open in such court.
(2) Outer court.
(a) The width of any outer court upon which windows open from a living room, bedroom, or dining room shall be not less than the height of any wall opposite such windows except as provided in division (D)(4) above. However, when the depth of such court is less than six feet, the minimum width may be as little as twice the depth.
(b) The depth of an outer court formed by walls on three sides shall be not greater than one- half times the width.
(3) Inner court.
(a) The least dimension of an inner court shall be not less than the full height of the walls enclosing such court, but not less than 50 feet.
(b) An open and unobstructed passageway shall be provided for each inner court. Such passageway shall have sufficient cross section area and headroom for the passage of firefighting equipment and shall be continuous from the inner court to a yard or an unobstructed open area with access to a street.
(F) Habitable floor area. (See § 154.004.) The minimum habitable floor area of a dwelling unit hereafter erected shall be 1,000 square feet. In the case of apartment houses, the minimum habitable floor area shall not be less than 300 square feet.
(G) Reduction of lot dimensions. The area, width, or depth of any lot shall not be reduced by subdivision, sale, or development so that the lot width, lot area, lot area per dwelling unit, courts and yards, or other open spaces are smaller, or so that the coverage is greater, than prescribed herein.
(H) Drainage. No building or zoning permit shall be issued for structures in areas considered by the Zoning Officer to be subject to inundation by floods or excessive storm drainage, unless the structures are constructed to withstand such conditions.
(Ord. 2010-03, passed 3-1-2010; Ord. 2011-01, passed 3-7-2011; Ord. 2017-01, passed 1-3-2017)