Loading...
§ 156.108 TEMPORARY STRUCTURES AND USES.
   (A)   Temporary trailers. Temporary construction trailers placed in conjunction with construction work shall be permitted only during the period that the construction work is in progress. Permits for such temporary structures shall be issued for a six-month period and may be renewed while construction is in progress. Temporary structures are subject to all use and setback requirements.
   (B)   Portable storage units and portable roll-off dumpsters. These units are intended for the temporary storage of household goods during moving or remodeling. Units may not be placed within any public right-of-way. Units may remain in place for up to 60 days.
   (C)   Parking, major recreational equipment and licensed commercial vehicles. The outdoor storage of major recreational equipment including, but not limited to, travel trailers, motor homes, tent trailers, pickup campers (designed to be mounted on automobile vehicles), boats and boat trailers, and commercial vehicles with a gross weight greater than 26,000 pounds or three or more axles, as an accessory activity to a dwelling shall be permitted subject to the following requirements: equipment must be registered to the owner or resident of the dwelling unless kept for a period of 30 days or less. Such equipment shall be stored in compliance with the following yard or setback requirements:
      (1)   Front yard. Not permitted, except within a paved driveway and emplaced so that no right-of-way, sidewalk or line of sight is blocked;
      (2)   Side yard. Six feet;
      (3)   Rear yard. Five feet;
      (4)   On a corner lot (reverse frontage lot). The front yard requirement of 25 feet shall be applicable on two lot faces; and
      (5)   Major recreational equipment or licensed commercial vehicles. No permit is required for keeping major recreational equipment or licensed commercial vehicles on a lot when accessory to a dwelling and compliant with setbacks.
   (D)   Tent, truck, temporary retail sales, garage and yard sales.
      (1)   Tents erected for community or family events, auctions or residential yard and garage sales. Tents erected for community or family events, auctions or residential yard and garage sales are exempt from this section provided that temporary structures are removed within five days of erection. However, no such exempt tent or truck shall block any vehicular line of site on a public street.
      (2)   Retail tent sales. Sales of new retail goods within tents are only permitted in the HCLI District. Where the proposed tent, truck used for retail sales, or other temporary sales event will remain in place for more than five days, a zoning certificate for a temporary use must be obtained.
         (a)   The applicant shall show the location of all temporary signs emplaced in conjunction with the sale, and pay a deposit in an amount established by the borough fee resolution to ensure all signs are removed upon conclusion of the sale.
         (b)   If the property owner is not the sponsor of the sales event, the applicant shall have written permission of the property owner.
         (c)   No part of any operation shall be located within any required yard or setback.
         (d)   Mud and dust free parking shall be provided, adequate to the proposed size and use of the tent, truck or other temporary sales structure.
         (e)   The event shall not impede or adversely affect vehicular or pedestrian traffic sight distance, flow or parking maneuver. The driveway shall be clearly delineated and, if necessary, show any PennDOT approval and/or adequate site distance.
         (f)   Unless clearly accessory to another retail operation, the maximum duration of any tent or other temporary retail sale shall be 14 calendar days. No tent sale shall be held upon the same property for 30 days after said event, unless conditional use approval as a flea market is obtained.
         (g)   The applicant shall have sufficient secure trash receptacles on site for all waste generated by the retailer or anticipated customer use.
         (h)   All signs, merchandise, equipment used in such sales, and all debris and waste resulting from a temporary sale shall be removed from the premises within three days of the termination date of the permit.
      (3)   Garage and yard sales. Garage sales are a permitted temporary accessory use to a single-family dwelling, provided that no such sales shall exceed seven days in duration, and no more than 30 days of such sales occur within any calendar year upon the premises.
      (4)   Mobile food vendors. Licensed commercial vehicles or licensed trailers selling food are exempt from this chapter provided they are making local deliveries, catering special events of less than 48-hour duration, or are operating in a zone district where similar uses are otherwise permitted. All mobile food vendors must have written permission of the property owner.
(1980 Code, Ch. 28, Part 5, § 28-504) (Ord. 1419, passed 9-16-2013, § 504)
§ 156.109 HEIGHT LIMITATIONS.
   When the following conditions are met, height limits may be increased.
   (A)   Structure height, in excess of the height permitted above the average ground level allowed in any district may be increased, provided all minimum front, side and rear yard depths are increased by one foot for each additional foot of height; however, such increase shall be limited to no more than ten additional feet.
   (B)   The following structures are exempt from height regulations provided they do not constitute a hazard: church spires; chimneys; elevator bulk heads; smoke stacks; conveyors; flag poles; agricultural barns, silos and similar farm structures; standpipes; elevated water tanks; derricks; and similar structures.
   (C)   However, for the above structures, all yard and setback requirements must be met; in addition, any structure with a height in excess of 50 feet will be first referred to the Fire Department for a review and comments relative to public safety considerations. Such comments shall be considered by the borough as part of a land development application pursuant to the Subdivision and Land Development Ordinance (Chapter 156).
(1980 Code, Ch. 28, Part 5, § 28-505) (Ord. 1419, passed 9-16-2013, § 505)
§ 156.110 PERFORMANCE STANDARDS.
   (A)   No use of land or structure in any district shall involve, or cause, any condition or material that may be dangerous, injurious or noxious to any other property or person in the borough.
   (B)   Furthermore, every industrial or commercial use of land or structure in any district must observe the following performance requirements.
      (1)   Fire protection. Fire protection and fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive material is carried on.
      (2)   Electric disturbance. No activity shall cause electrical disturbances adversely affecting radio, television or other communication equipment in the neighboring area.
      (3)   Noise. Noise which is determined to be objectionable because of volume or frequency shall be muffled or otherwise controlled, except for fire sirens and related apparatus used solely for public safety purposes.
      (4)   Odors. In any district, no malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.
      (5)   Air pollution. No pollution of air by fly-ash, dust, vapors or other substances shall be permitted which is harmful to health, or to animals, vegetation or other property.
      (6)   Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.
      (7)   Erosion. No erosion by wind or water shall be permitted which carry objectionable substances onto neighboring properties.
      (8)   Water pollution. No permit shall be issued until all applicable wastewater, stormwater or erosion/sedimentation control permits have been obtained.
      (9)   Burning. To further protect property from noxious and malodorous nuisances, and provide for protection of property from fire, outdoor open burning of any paper, brush, refuse or similar material is prohibited in all districts. This prohibition does not include outdoor commercial or recreational barbeques, or small campfires burning natural firewood.
(1980 Code, Ch. 28, Part 5, § 28-506) (Ord. 1419, passed 9-16-2013, § 506) Penalty, see § 156.999
§ 156.111 OFF-STREET LOADING AND PARKING.
   (A)   Off-street loading and parking space shall be provided in accordance with the specifications in this section in all districts, whenever any new use is established or an existing one is enlarged.
   (B)   However, any new development in the C-1 Commercial District shall not be subject to parking or loading standards, unless specifically required by conditional use or special exception.
      (1)   Off-street loading.
         (a)   Generally. Every use listed in the following table shall provide off-street loading berths in accordance with its size:
Table 156.111A: Off-Street Loading
Use
First Berth
Additional Berth(s) Per Each Additional Increment
Table 156.111A: Off-Street Loading
Use
First Berth
Additional Berth(s) Per Each Additional Increment
Institutional Uses
Hospitals, nursing homes, personal care homes, auditoriums and arenas
50,000
100,000
Schools
10,000
50,000
Commercial Uses
Convenience store/service station
5,000
40,000
Eating and drinking place
40,000
50,000
Hotel
50,000
100,000
Retail sales/shopping centers
40,000
50,000
Industrial Uses
Heavy manufacturing, wholesale, warehouses truck terminals
5,000
10,000
Light manufacturing
10,000
50,000
Note: All figures given in the above table are the gross feet of floor area for each listed use
 
         (b)   Size and access. Each off-street loading space shall be not less than ten feet in uniform width and 65 feet in length. It shall be so designed so the vehicles using loading spaces are not required to back onto a public street or alley. Such spaces shall abut a public street or alley or have an easement of access thereto. Loading berths may be combined with parking areas if it can be shown that peak loading hours will not conflict with the parking of other vehicles.
      (2)   Off-street parking.
         (a)   Size and access. Off-street parking spaces shall have an area determined by their use. In the case of multi-family dwellings, mobile home parks, industrial and manufacturing establishments, warehouses, wholesale and truck terminals, each space shall be not less than 144 square feet, being at least eight feet wide and 18 feet long. For all other uses, each space shall have a uniform area of 180 square feet, being at least ten feet wide and 18 feet long. These uniform sizes shall be exclusive of access drives or aisles, and shall be in usable shape and condition. Parking areas shall be designed to provide sufficient turnaround area so that vehicles are not required to back onto public streets. Where an existing lot does not abut on a public or private street, alley or easement of access, there shall be provided an access drive leading to the parking or storage areas or loading spaces. Such access drive shall be consistent with requirements for private streets in the Subdivision and Land Development Ordinance (Chapter 156). Access to off-street parking areas shall be limited to well-defined locations, and in no case shall there be unrestricted access along a street.
         (b)   Off-street parking lot design. All off-street parking lots shall be designed in accordance with standards within the Subdivision and Land Development Ordinance (Chapter 156).
         (c)   Number of parking spaces required. The number of off-street parking spaces required is set forth in Table 156.111B. Where the use of the premises is not specifically mentioned, requirements for similar uses shall apply. If no similar uses are mentioned, the parking requirements shall be one space for each two proposed patrons and/or occupants of that structure. Where more than one use exists on a lot, parking regulations for each use must be met, unless it can be shown that peak times will differ.
Table 156.111B: Off-Street Parking
Parking Spaces Required
Use
Parking Spaces Required
Table 156.111B: Off-Street Parking
Parking Spaces Required
Use
Parking Spaces Required
Residential
Family and group day care
2 spaces for the dwelling and at least 1 additional space
Mobile home parks
2 per dwelling unit
Multi-family dwelling
2.0 per dwelling unit, unless limited to persons over the age of 55, or 1-bed-room units, then 1.25 spaces per dwelling unit
Single-family dwelling
2 per dwelling unit
Institutional Uses
Churches, auditoriums, indoor assembly places
1 per each 3 seats or 1 per each 4 persons permitted in maximum occupancy
Hospitals
1 per each staff on the largest shift plus 1 per each bed
Nursing homes and personal care homes
1 per each staff on the largest shift plus 1 per each 4 beds
Schools
1 per each teacher and staff plus 1 for each 4 classrooms plus 1 for each 2 students age 16 and over
Stadiums, sports arenas and places of outdoor assembly
1 per each 6 seats or 1 per each 4 persons permitted in maximum occupancy
Commercial Uses
Auto sales and service, trailer sales and similar outdoor sales
1 per 5,000 square feet developed lot area for vehicle display and 1 per 300 square feet customer service area; to a required maximum of 30 designated customer parking spaces
Convenience store/service stations
1 per 200 square feet gross floor area
Day care centers
1 space for every 8 children under care and 1 space for each employee on shift
Eating and drinking places
1 per each 2.5 patron seats
Fast food, drive through eating and drinking
1 per each 2 patron seats
Funeral home and mortuaries
25 for the first parlor or viewing room, plus 10 per each additional viewing room
Furniture stores, building material and supply yards
1 per each 800 square feet of gross floor area
Hotels/motels
1 per guest room plus 1 per each employee on the largest shift
Indoor commercial recreation
1 per each 3 persons in maximum occupancy
Medical and dental office
8 spaces per doctor
Outdoor commercial recreation
1 per each 2,500 square feet of lot area developed and used for the recreational activity
Professional office and banks
1 per each 250 square feet of gross floor area
Retail stores/shopping centers
1 per each 400 square feet of gross floor area
Industrial Uses
Business parks, light manufacturing, heavy manufacturing, truck terminals and warehouses
1 per each employee on largest shift plus 1 visitor space per each 10,000 square feet gross floor area
 
         (d)   Location and parking. Required parking spaces shall be located on the same lot with the principal use. The borough may permit parking spaces to be located not more than 200 feet from the lot of the principal use, if located in the same zoning district as the principal use, and either a sufficiency of public spaces can be proven, or the developer has leased or owns adequate spaces. In such cases, the application shall be reviewed as a land development plan under the Subdivision and Land Development Ordinance (Chapter 156) as it involves more than one lot.
         (e)   Screening and landscaping. Off-street parking areas for more than five vehicles, and off-street loading areas, shall be effectively screened on any side which adjoins a residential district (see definition of screening) or use. In addition, there shall be a planting strip of at least five feet between the front lot line and the parking lot. Such planting strip shall be suitably landscaped and maintained.
         (f)   Minimum distance and setbacks. No off-street loading or parking area for more than five vehicles shall be closer than ten feet to any adjoining property line containing a dwelling, residential district, school, hospital or similar institution.
         (g)   Surfacing. With the exception of single-family dwellings, all parking and loading areas and access drives shall have a paved surface, graded with positive drainage to prevent the flow of surface water onto neighboring properties. Lots shall be designed to provide for orderly and safe loading and parking.
         (h)   Lighting. Any lighting used to illuminate off-street parking or loading areas shall be arranged so as to reflect the light away from the adjoining premises of any residential district or use and away from roads or highways.
(1980 Code, Ch. 28, Part 5, § 28-507) (Ord. 1419, passed 9-16-2013, § 507) Penalty, see § 156.999
§ 156.112 GROUP RESIDENCES.
   (A)   The borough supports housing choice for persons with disabilities, and group residences that meet the definition under § 156.146 shall be permitted by right in all districts where single-family dwellings are permitted.
   (B)   However, it shall be the applicant’s responsibility to ensure to the borough that:
      (1)   All applicable standards of the Pennsylvania Department of Public Welfare and other licensing entities are met;
      (2)   All standards of the Uniform Construction Code (Chapter 150, §§ 150.25 and 150.26) are met prior to occupancy; and
      (3)   The applicant shall certify that it will provide no group housing on the site for persons who:
         (a)   Have been adjudicated a juvenile delinquent;
         (b)   Have a criminal record;
         (c)   Have a legal status as a sex offender;
         (d)   Are persons who currently use illegal drugs;
         (e)   Are persons who have been convicted of the manufacture or sale of illegal drugs; and
         (f)   Are persons with or without disabilities who present a direct threat to the persons or property of others.
   (C)   The borough will make reasonable accommodation for the need of resident caregivers and disabled persons in applying its definition of family, but the applicant shall show that the number of persons and caregivers proposed to reside in the group residence will be generally consistent with the density of dwellings in the proposed zoning district.
(1980 Code, Ch. 28, Part 5, § 28-508) (Ord. 1419, passed 9-16-2013, § 508) Penalty, see § 156.999
§ 156.113 FORESTRY.
   The practice of forestry, including timber harvesting, is declared as a permitted use in all districts. It is subject to the following conditions:
   (A)   Any harvesting shall be preceded by presenting an approved erosion and sediment control plan prior to the issuance of a zoning permit, as needed. The harvester shall also confer with the owner of any above ground utilities on the property to ensure lines will not be damaged.
   (B)   In all districts, to avoid traffic congestion and sound disturbance, all activities must start after 8:00 a.m. and end by 6:00 p.m. during the week. No Sunday work shall be permitted.
   (C)   No harvesting of timber shall be permitted within any setback area except for necessary removal from storm damage, disease prevention, utility protection, or pursuant to land development.
(1980 Code, Ch. 28, Part 5, § 28-509) (Ord. 1419, passed 9-16-2013, § 509) Penalty, see § 156.999
Loading...