(A) In general.
(1) Creation or development. 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 requirements of this subchapter. This includes, but is not limited to, setback areas, non-impervious areas and off-street parking areas.
(2) Emergency access. All principal buildings shall have adequate provisions o emergency vehicles and fire ladders in order to reach all sides of a building.
(B) Exceptions to minimum lot areas, lot widths and yards.
(1) Corner lots. For a corner lot, the yard depth abutting each public street shall be equal to the minimum depth of the front yard, unless a larger width is provided for a side yard.
(2) Protections into required yards.
(a) Cornices, eaves, sills or other similar architectural features, exterior stairways, fire escapes or other required means of egress, rain leads, chimneys, ground-mounted 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 yard not more than three feet, except as may be required within a drainage or utility easement.
(b) Steps, stoops, fire escapes, handicapped ramps and landings necessary to provide entrance to a building may be located within a required setback area. Stoops, fire escapes and handicapped ramps serving an existing building may extend into a street right-of- way where necessary, if granted written approval by the Zoning Officer.
(c) See also exceptions for decks and accessory buildings in the notes of § 154.051(A).
(3) Front yard setback exception. In any district within a block containing a lot proposed for construction or expansion of a building, where 50% or more of the improved lots on such block frontage currently have front yards of less depth than is currently required for that district, and where the clear majority of such lots are already developed, the average of such existing front setbacks shall establish the minimum front yard depth for the remainder of the frontage.
(C) Sight clearance at intersections.
(1) Where two streets intersect, a clear sight triangle shall be established with two legs of a triangle starting at a point 15 feet back from the edge of the cartway along the centerline of the intersecting street, and a second longer leg of the triangle measured 250 feet along each side of the intersection of the street centerlines. This longer leg shall be connected by two shorter legs to the initial point 15 feet back from the edge of cartway. This is illustrated on the sketch below, with “s” being a length of 250 feet.
(2) In § 154.031, see the definition of alley, which is distinguished from a street.
(3) Where a street intersects with an alley, a clear sight triangle shall be established with one leg of the triangle 15 feet long along the edge of the right-of-way of the street and one leg of the triangle ten feet long along the centerline of the alley, with the two legs connected by a third longer leg.
(4) Where two alleys intersection, a clear sight triangle shall be established with each leg of the triangle ten feet long along the centerline of each alley, and with the two legs connected by a third longer leg. Within these clear sight triangles, no new sight obstruction shall be allowed that obstructs the views of motorists of oncoming vehicle and pedestrian traffic at a height between three and eight feet in elevation. To the maximum extent feasible, this clear sight triangle shall also be cleared of existing obstructions, such as by trimming vegetation.
(D) Buffer yards. Buffer yards and screening complying with the following standards shall be required under the following situations. These buffer yard standards shall supersede the buffer planting requirements of the subdivision and land development ordinance (Chapter 153 of this code of ordinance).
(1) Buffer yard width, when required. Buffer yards shall have a minimum width of ten feet in the NC District and 20 feet in any other district, unless a larger width is required by another provision of this subchapter. Buffer yards shall be required in the following situations, and where otherwise required by this chapter:
Buffer Yard to be Provided by the Following: | When the Use Providing the Screening and Buffer Is: |
Buffer Yard to be Provided by the Following: | When the Use Providing the Screening and Buffer Is: |
Along side and rear lot lines of any new: | Abutting or across an alley from an existing dwelling within a residential district, and visible from such dwelling |
Principal commercial or industrial use; | |
Area of 10 or more new off-street parking spaces; | |
An outdoor industrial storage area; or | |
An area routinely used for the overnight parking of 2 or more tractor-trailers trucks. | |
Along the street right-of-way line or a lot line of any new: | Abutting and visible from a public street |
Outdoor industrial storage area; or | |
Area routinely used for the overnight parking of 2 or more tractor-trailer trucks. | |
(2) Location of buffer yard.
(a) The buffer yard shall be measured from the district boundary line, street right-of-way line or lot line, whichever is applicable.
(b) Plants needed for the visual screen shall not be placed within an existing street right-of-way. However, deciduous trees may be permitted by the borough to be placed within a street right-of-way.
(c) The buffer yard may include areas within a required front, side or rear yard, or a paved area setback area provided the larger yard requirement shall apply in case of overlap.
(3) Characteristics of buffer yards.
(a) The buffer yard shall be a landscaped area free of structures, dumpsters, commercial, industrial storage or display, manufacturing or processing activity, materials, loading and unloading areas or vehicle parking or display. Buffer yards shall primarily include evergreen plants, in addition to any required shade trees.
(b) As a special exception use, the applicant may prove to the satisfaction of the Zoning Hearing Board that an alternative method of screening will satisfactorily avoid conflicts between uses and provide an attractive appearance. For example, the Board may approve a decorative brick wall to be placed between a loading area and an abutting street.
(4) Plant screen.
(a) Each buffer yard shall include a planting screen of trees or shrubs extending the length of the lot line.
(b) Each planting screen shall meet the following requirements.
1. Plant materials needed to form the visual screen shall have a minimum height when planted of three feet. An initial height of two feet may be used where a parking area is intended to be visible from a street for security purposes. In addition, an average of one deciduous shade tree, with a minimum trunk diameter of two inches measured six inches above the ground level, shall be placed for each 50 feet of length of the buffer yard. The shade trees may be clustered or spaced unevenly. Where street trees are approved and provided in the right-of-way, or healthy existing trees will be preserved, those trees may serve in place of this shade tree requirement.
2. Plants needed to form the visual screen shall be of such species, spacing and size as can reasonably be expected to produce within five years a mostly solid year-round visual screen at least six feet in height.
3. The plant screen shall be placed so or sidewalk.
4. The plant visual screen shall be interrupted only at:
a. Approved points of approximately perpendicular vehicle or pedestrian ingress and egress to the lot;
b. Locations necessary to comply with safe sight distance requirements; and
c. Locations needed to meet other specific state, borough and utility requirements.
5. American arborvitae and similar weak-stem plants shall not be used to meet the buffer yard requirements. If more than 20 evergreen plants are proposed, no more than 50% shall be of one species.
6. Where space allows, evergreen trees should be planted at diagonal off sets so that there is room for future growth of the trees.
(5) Parking lot screening. If six or more new off-street parking spaces are provided within 30 feet from the right-of-way of North George Street in the NC District, a six-foot wide planting area shall be provided between the parking and the street right-of-way. To provide security and oversight of the parking area from a street, species of plants should be used that can be trimmed to a height of less than four feet. This provision shall not apply if a more intense buffer is required under division (D)(1) above (such as for truck parking).
(6) Buffer yard plans. See § 154.143.
(7) Fences. Any fence in a buffer yard shall be placed on the inside of any required plant screening. As a condition of any variance or special exception approval, the Zoning Hearing Board may require the installation of a fence in addition to a buffer yard. As a condition of any land development approval, Borough Council may require the installation of a fence in addition, to a buffer yard.
(2006 Code, § 27-803) (Ord. 12/18/2003, passed 12-18-2003, § 803)