(A) General. Accessory buildings, structures or uses that are clearly customary and incidental to a permitted by right, special exception or conditional use are permitted by right, except as is provided for in this chapter. A business shall only be conducted as an accessory to a dwelling if specifically permitted by this chapter, such as by § 154.050 or the home occupation regulations.
(B) Accessory setbacks. The accessory setback requirements of the applicable district shall apply to every accessory building, structure or use unless a standard that is clearly meant to be more restrictive or less restrictive is specifically stated in this subchapter for a particular accessory use. Accessory structure setback requirements shall not apply to permitted surface parking lots, fences or permitted accessory signs.
(C) Front yard setback. No accessory structure, use or building shall be permitted in a required front yard in any district, unless specifically permitted by this chapter.
(D) Special standards. Each accessory use shall comply with all of the following standards listed for that use.
(1) Antenna, standard (includes amateur radio antenna).
(a) Height. No standard antenna, including its supporting structure, shall have a total height above the average surrounding ground level of greater than 75 feet.
(a) Anchoring. An antenna shall be properly anchored to resist high winds.
(2) Bus shelters.
(a) A bus shelter shall be allowed in accordance with this section in order to provide refuge for mass transit riders from adverse weather conditions.
(b) Only the following signs shall be permitted:
1. One two-sided sign with a maximum sign area of 30 square feet (which may be illuminated); and
2. Non-illuminated signs identifying the name of the transit provider, route schedules and maps.
(c) A shelter with illuminated advertising signs shall only be allowed within the NC, MU or LIC Districts. The location of the bus shelter shall be approved in advance by the transit provider. The applicant shall prove to the Zoning Officer that the location will not interfere with pedestrian traffic along the sidewalk and with safe sight distances at intersections. The borough may also require a written agreement for use of the public right-of-way.
(d) The applicant shall prove to the Zoning Officer that there is a legally binding commitment by a responsible entity to properly maintain the bus shelter and to remove the shelter if it is not needed in the future or if it falls into disrepair.
(e) Such shelters shall be durably constructed, with a roof. For security and safety purposes, the majority of the side walls of the shelter shall be constructed of a clear shatter-resistant material.
(f) Any light bulbs/lighting elements shall not be directly visible from outside of the shelters. The lighting may be diffused by an allowed sign. Glare shall not be created.
(3) Commercial communications antenna. The provisions under § 154.066 shall apply.
(4) Day care, child or adult-as accessory to a dwelling, including family day care home and group day care home.
(b) In any case, seven or more persons (other than persons who are “related” to the primary care giver) shall only be cared for at one time within a single-family detached dwelling with a minimum lot area of 12,000 square feet and a ten-foot minimum setback from all existing dwellings on another lot(s). Four to six persons, in addition to persons who are “related” to the primary care giver, shall only be cared for at one time within a single-family detached dwelling. The care of fewer numbers of persons may occur within any lawful dwelling unit.
(c) The dwelling shall retain a residential appearance with no change to the exterior of the dwelling to accommodate the use, other than cosmetic improvements.
(d) The use shall be actively operated by a permanent resident of the dwelling.
(e) If four to six children who are not related to a permanent resident of the dwelling are cared for, then a minimum of 200 square feet of safe exterior play area shall be available.
(g) The use shall comply with any applicable state and federal regulations, including having an appropriate State Department of Public Welfare (or its successor agency) registration certificate or license if required by such agency.
(h) A child day care use shall include a secure fence around any outdoor areas abutting streets that are routinely used for outdoor play.
(5) Drive-through facilities.
(a) The proposed traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(b) On-lot traffic circulation shall be clearly marked. The access lane shall have a minimum width of eight feet.
(c) A drive-through use shall be designed with space for an adequate number of waiting vehicles while avoiding conflicts with traffic onto, around and off of the site. Any drive-through facilities shall be designed to minimize conflicts with pedestrian traffic.
(d) The applicant shall prove that the entrances and exits for the drive-through service have been designed to minimize conflicts with pedestrian travel along George Street. To the maximum extent feasible, drive-through service entrances and exits shall use alleys and side streets, as opposed to crossing major pedestrian routes along George Street.
(6) Fences and walls.
(a) Fences and walls are permitted by right in all districts. Any fence or wall shall be durably constructed and well-maintained. Fences that have deteriorated shall be replaced or removed.
(b) No fence, wall or hedge shall obstruct the sight requirements of § 154.142(C).
(c) Fences:
1. Front yard. Any fence located in the required front yard of a lot in a residential district or a dwelling in the NC District shall:
a. Be an open-type of fence (such as picket or split rail) with a minimum ratio of one to one of open to structural areas;
b. Not exceed four feet in height; and
c. Be constructed of wood (plus any required fasteners and any wire mesh attached on the inside of the fence), chain link or wrought iron or other material such as vinyl that resembles wood or wrought iron.
2. Corner lot. On a corner lot, a fence or wall shall meet the same requirements along both streets a would apply within a front yard. A fence shall not be required to comply with minimum setbacks for accessory structures;
3. Height.
a. The maximum height of a fence in a commercial or industrial district shall be 12 feet, except as provided above in a front yard in the NC District.
b. A fence located in a residential district in a location other than a required front yard shall have a maximum height of six and one-half feet, except a maximum of height of 12 feet shall be permitted where the applicant proves to the Zoning Officer that such taller height is necessary to protect public safety around a specific hazard.
4. Setbacks. No fence shall be built within an existing street right-of-way. A fence of a dwelling may be constructed without a setback from a lot line in a residential district, but a one foot or greater setback is recommended to provide for future maintenance of the fence; and
5. Fence materials. Barbed wire shall not be used as part of fences around dwellings. Electrically charged fences shall only be used to contain farm animals, and shall be of such low intensity that they will not permanently injure humans. No fence shall be constructed out of fabric, junk, junk vehicles, appliances, tanks or barrels:
(d) Walls:
1. Engineered retaining walls necessary to hold back slopes are exempted from setback regulations and the regulations of this section, and are permitted by right as needed in all districts;
2. Walls in the minimum front yard or the side or rear accessory building setback in a residential district shall have a maximum height of three feet. This height limit shall not apply to a wall serving as a backing for a permitted sign as permitted in § 154.118; and
3. Walls that are attached to a building shall be regulated as a part of that building.
(7) Garage sale.
(a) See definition in § 154.031. A garage sale shall not include wholesale sales, nor sale of new merchandise of a type typically found in retail stores.
(b) If accessory to a dwelling, no garage sales as an accessory to a dwelling shall be held on a lot during more than four days total in any three consecutive months.
(c) The use shall be clearly accessory to the principal use.
(8) Home occupations.
(a) All home occupations shall meet the following requirements.
1. The use shall be conducted primarily by a permanent resident of the dwelling, and involve a maximum of one person working on-site at any one time who does not reside within the dwelling. A maximum of one nonresident employee shall visit the property on a daily basis or operate a vehicle based at the property.
2. The use shall be conducted indoors. No outdoor storage or display related to the home occupation shall be permitted. No changes shall occur to the exterior of a building that would reduce its residential appearance as viewed from a street.
3. The use shall occupy an area that is not greater than 25% of the total floor area of the principal dwelling unit. The use shall clearly be secondary to the residential use.
4. One off-street parking space shall be required per nonresident employee. In addition, for a general home occupation, the Zoning Hearing Board shall require additional off-street parking if the Board determines it is necessary for customer parking.
5. The use shall not require delivery or pickup by tractor-trailer trucks.
6. The regulations of division (D)(11)(d) below regarding parking of trucks shall apply to a home occupation. No excavating equipment shall be parked overnight on a residential lot or an adjacent street as part of a home occupation.
7. No equipment or machinery shall be permitted that produces noise, noxious odor, vibration, glare, electrical or electronic interference detectable on another property. The use shall not involve the storage or use of hazardous, flammable or explosive substances, other than types and amounts typically found on a residential property. The use shall not involve the storage or use of “toxic” or “highly hazardous” substances.
8. A home occupation shall not be conducted in a manner that is perceptible to other residents between the hours of 9:00 p.m. and 7:30 a.m.
9. Any tutoring or instruction shall be limited to a maximum of three students at a time.
10. A barber or beauty shop shall not include any nonresident employees.
11. The main office of a medical doctor, chiropractor or dentist shall not be permitted as a home occupation.
12. See home occupation sign requirements § 154.117.
13. The Zoning Hearing Board shall deny a general home occupation application, or limit its intensity through conditions, if the Board determines the use would be too intense for the proposed location. In making such determination, the Board shall review the likely amounts of traffic, the types of operations involved and related nuisances, the amount off-street and on-street parking that is available, the density of the neighborhood, whether the use would be adjacent to another dwelling, and setbacks from other dwellings.
14. The use shall not involve manufacturing, other than of custom crafts and sewing. The use shall not involve commercial repair of motor vehicles.
15. The use may include sales using telephone, mail order or electronic methods. On-site retail sales shall only be permitted within a general home occupation, and shall need special exception approval if located outside of a commercial or industrial district. Such retail sales shall be limited to sales that are clearly accessory to an approved barber shop or similar on-site service.
16. If more than one home occupation is accessory to a dwelling, the total aggregate impact of the home occupations shall be considered in determining compliance with this chapter.
17. A zoning permit shall be required for any home occupation.
(b) In addition to the requirements listed in division (D)(8)(a) above, the following additional requirements shall apply to a light home occupation.
1. The use shall not involve routine daily visits to the home occupation by customers or more than one nonresident employee at a time.
2. The use shall not involve any signs visible from the exterior of the lot, except as is allowed by § 154.117 within a commercial district.
3. The use shall only involve the following activities:
a. Work routinely conducted within an office;
b. Custom sewing and fabric and basket crafts;
c. Cooking and baking for off-site sales and use;
d. Creation of visual arts (such as painting or wood carving);
e. Repairs to and assembly of computers and computer peripherals; and
f. A construction tradesperson, provided that a maximum of one nonresident shall routinely operate from the lot.
4. On-site retail sales shall be prohibited.
(9) Outdoor storage and display. Commercial or industrial as an accessory use.
(a) Location. Outdoor storage or display shall not occupy any part of any of the following: the existing or future street right-of-way, sidewalk or other area intended or designed for pedestrian use or required parking area.
(b) Slope. No such storage or display shall occur on areas with a slope in excess of 25% or within the 100-year floodway.
(c) Screening. See § 154.142.
(d) Used tires. More than ten used tires shall only be stored on a lot of a tire replacement business, and such tires shall only be stored while awaiting imminent disposal.
(10) Pets, keeping of.
(a) This is a permitted by right accessory use in all districts.
(b) No use shall involve the keeping of animals or fowl in such a manner or of such types of animals that it creates a serious nuisance (including noise or odor), a health hazard or a public safety hazard. The owner of the animals shall be responsible for collecting and properly disposing of all fecal matter from pets. No dangerous animals shall be kept outdoors in a residential district, except within a secure, completely enclosed cage or fenced area of sufficient height or on a leash under full control of the owner.
(c) A maximum combined total of five dogs and cats shall be permitted to be kept by residents of each dwelling unit.
1. Such limits shall only apply to dogs or cats over four months in age.
2. Any greater number of dogs and/or cats shall need approval as a “kennel”.
(d) The keeping of one or two total pigeons (except as may be preempted by the State Carrier Pigeon Law, 53 P.S. §§ 3951 et seq.), chickens, ducks, geese and/or similar fowl shall be permitted on lot with a minimum lot area of 10,000 square feet.
(e) Animals shall only be permitted provided they do not create unsanitary conditions or noxious odors for neighbors.
(f) A minimum lot area of two acres shall be required for the keeping of a horse or similar sized animal, with one additional acre for each additional horse or similar sized animal.
(g) Only those pets that are domesticated and are compatible with a residential character shall be permitted as “keeping of pets”. Examples of permitted pets include dogs, cats, rabbits, gerbils and lizards, but do not include bears, goats, wolves, wolf-dog hybrids, cows, venomous snakes that could be toxic to humans, hogs or sheep.
(h) It shall be unlawful on a residential property to maintain any exotic wildlife as defined by the Pennsylvania Game and Wildlife Code 34 Pa.C.S.A. §§ 101 et seq., whether or not an exotic wildlife possession permit has been issued.
(11) Residential accessory structure or use, (see definition in § 154.031).
(a) Accessory structures and uses (other than fences) shall not be located within the required accessory use setback as stated in § 154.051(A), unless specifically exempted by this chapter. Accessory structures shall not be located within a front yard, nor within ten feet of any street right-of-way line (such as on a corner lot).
(b) Accessory buildings in a residential district shall meet the following requirements:
1. Maximum total floor area of all accessory buildings 1,000 square feet; and
2. Maximum of two accessory buildings per lot.
(c) Height: see § 154.051(B).
(d) Parking of trucks and buses: the overnight parking of commercial trucks and buses on a primarily residential lot in a residential district is prohibited, except that the following shall be permitted if such vehicle(s) is used by residents of the dwelling to travel to and from work: the parking of a maximum of two vehicles, each of up to 12,000 pounds aggregate gross vehicle weight.
(e) Repairs: no maintenance or repair of either of the following shall occur on a principal residential lot:
1. Trucks with an aggregate gross vehicle weight of over 12,000 pounds aggregate gross vehicle weight; and
2. Vehicles not owned or leased by a resident of the lot or his or her “relative”. See setback exceptions in § 154.142(B).
(12) Swimming pool, household. (Referred hereafter as “pool”).
(a) Enclosure pools. An new or existing swimming pool shall include a secure fence or other enclosure meeting the requirements of the applicable Building Code (Chapter 150 of this code of ordinances).
(b) Location. Any pool deck or shelter that is elevated above the average surrounding ground level and the water surface of any pool shall be setback a minimum of ten feet from any lot line. Patios around pools that are level with the average surrounding ground level are not required to be setback from lot lines. A pool is not permitted within a required front yard. A pool shall comply with limitations of any water or sewer easement.
(c) Drainage. A proper method shall be provided for drainage of the water from the pool that will not flood other property. Such method may be subject to approval of the Zoning Officer.
(d) Responsibility. The borough does not assume responsibility for guaranteeing to the public that all new and existing pools fully comply with these provisions.
(13) Telephones or vending machines.
(a) No outdoor pay telephone and no outdoor coin-operated vending machine shall be placed on a public sidewalk in the public right-of-way, except for newspaper/periodical vending machines. A newspaper/periodical vending machine shall only be permitted on a sidewalk if a four-foot wide pedestrian path is unobstructed.
(b) No pay telephone and no coin-operated vending machine shall be permitted outdoors as accessory to a dwelling or a vacant lot.
(14) Unit for care of relative.
(a) The use shall meet the definition in § 154.031.
(b) The accessory unit shall be occupied by a maximum of two persons, who shall be close “relatives” of the permanent residents of the principal dwelling unit. At least one resident of the accessory unit shall need such accommodations because of an illness, old age or disability.
(c) The applicant shall prove to the Zoning Officer that the accessory unit has been designed and constructed so that it can be easily reconverted into part of the principal dwelling unit after the relative no longer resides within the unit. A written plan shall be submitted showing how the separate unit will be changed to no longer be a separate unit. The accessory unit may be converted into an additional bedroom(s), permitted home occupation area or similar use. A lawful detached garage may be converted into a unit for care of relative, and then be reconverted to a garage or permitted home occupation area.
(d) The applicant shall establish a legally binding mechanism that will prohibit the use of the accessory unit as a separate dwelling unit alter the relative no longer resides within the unit. Such mechanism shall also be binding upon future owners.
(e) The owner of the property shall be required to annually renew the permit for the use. Such renewal shall be conditioned upon the owner proving that a relative of the occupants of the principal dwelling unit continues to reside within the accessory unit.
(f) Such accessory unit shall not decrease the single-family residential appearance of a single-family dwelling, as viewed from exterior property lines.
(g) Additional parking for the accessory unit may be waived by the Zoning Hearing Board as part of the special exception approval if the applicant proves that the residents) of the accessory unit will not routinely operate a vehicle.
(2006 Code, § 27-403) (Ord. 12/18/2003, passed 12-18-2003, § 403)