801. FRONTAGE ONTO IMPROVED STREETS; NUMBER OF USES OR BUILDINGS; MINIMUM SIZE OF DWELLINGS.
A. Frontage Required onto Improved Street. Each proposed new lot and each land development shall have vehicle access by one of the following methods: 1) onto a “public street” that is usable by motor vehicles and which is maintained by a municipality or the State; 2) a street which is constructed or bonded by the municipality and has been approved for future dedication to the Borough/Township by the subdivision plan which created or creates such lot; 3) onto a stone or hard surfaced private street which meets all of the requirements of the applicable Subdivision and Land Development Ordinance (SALDO) and which provides legal access to connect to a public street; or 4) as provided in Section 801.A.1. 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 an approved street.
1. A lot may have vehicle access to a public street / road using an easement serving no more than 3 single family detached residences (such as one existing dwelling and two new lots) subject to the following requirements:
a. The grant of easement shall be recorded with the deed for each lot.
b. The easement shall be appurtenant to the dominant tenement.
c. The easement shall be the actual route of access to the lot.
d. The level of use of the easement shall be specified in the grant of easement.
e. The grant of easement shall provide that the level of use of the easement shall include use of the easement as the route for provision of all utility services to the dominant tenement.
f. The grant of easement shall define the level of improvement of the easement provided that the minimum level of improvement shall be “mud free”, such as a stone surface.
g. The grant of easement shall specify who is responsible for maintenance of the easement.
h. The route of the easement shall be field surveyed.
i. The route of the easement shall be described by metes and bounds.
j. All easements shall be at least 33 feet wide, unless a pre-existing easement is 25 feet wide.
k. The access easement shall be improved to be suitable for access by a fire truck and ambulance, with an area available for a turnaround. The vehicle accessway shall meet the requirements of the applicable Subdivision and Land Development Ordinance that would apply to a driveway, such as maximum slope.
l. A new principal building shall be setback a minimum of 20 feet from the access easement, unless a larger setback applies under the zoning district in Section 306.
B. Number of Principal Uses and Principal Buildings Per Lot.
1. A lot in a commercial or industrial 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.
a. For example, if Use One requires a one acre lot area and Use Two on the same lot requires a two acre lot area, then the lot shall have a minimum lot area of two acres.
b. The applicant shall submit a site plan that demonstrates that each structure would meet the requirements of this Ordinance.
c. 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 that there will be appropriate legal mechanisms in place.
2. 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 Ordinance.
a. 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 Ordinance are met. A condominium form of ownership of individual dwelling units, with a legally binding homeowners association, may be established if the applicant proves that there will be appropriate legal mechanisms in place.
C. Minimum Size of Dwellings. Each dwelling unit shall include a minimum of 500 square feet of enclosed habitable, indoor, heated floor area, which shall be primarily above the ground level. This 500 square feet requirement may be reduced to 400 square feet within pre-existing buildings in the TC or C-1 districts.
D. 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.
803. SPECIAL LOT AND YARD REQUIREMENTS, SIGHT DISTANCE AND BUFFER YARDS.
A. In General.
1. 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 Ordinance. This includes, but is not limited to: setback areas, non-impervious areas and off-street parking areas.
2. 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.
B. Exceptions to Minimum Lot Areas, Lot Widths and Yards.
1. Corner Lots. For a corner lot, each yard that abuts a public street shall be considered a front yard and meet the requirements for minimum depth of a front yard. See definition of "Lot, Corner" in Section 202.
2. Projections Into Required Yards.
a. Cornices, footers, eaves, roof overhangs, sills or other similar architectural features, rain gutters, chimneys, or other similar structures that do not include space usable by persons may extend or project into a required yard not more than 4 feet.
b. Outdoor steps, stoops, fire escapes, handicapped ramps, doors and landings necessary to provide entrance to a building may be located within a required setback area.
c. For decks, patios and porches, see Section 307. C.
3. Lot Widths Around Curves. Around the bulb of a cul-de-sac turnaround 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 building setback line may be reduced to 75 percent of the width that would otherwise be required.
4. Flag Lots. See Section 307.G.
C. Sight Clearance at Intersections. The provisions in the Subdivision and Land Development Ordinance shall apply.
D. Buffer Yards. Buffer yards including plant screening complying with the following standards shall be required under the following situations, unless a more restrictive provision is established by another section of this Ordinance:
1. A minimum 8 feet wide buffer yard with plant screening shall be required along the rear and side lot lines of any lot used principally for principal non-residential purposes that is contiguous to a lot line of a residentially zoned lot occupied by an existing principal dwelling.
a. If a principal business use will include areas used for manufacturing or will have a loading dock that will be routinely serviced by two or more tractor-trailer trucks or refrigerated trucks, then the minimum buffer yard width along such manufacturing area and/or loading dock shall be increased to 30 feet, and the minimum initial height of plantings shall be increased to 6 feet.
b. If a dwelling will be on the same lot as a principal business use, then a buffer yard shall not be required to protect such dwelling.
c. A buffer yard is also required to be provided by the following if they are abutting and visible from a public street:
(1) Along lot lines and street rights-of-way of any newly developed or expanded outdoor industrial storage, or
(2) Along lot lines and street rights-of-way of any newly developed or expanded area routinely used for the overnight parking of 3 or more tractor-trailer trucks or trailers of tractor-trailers.
2. A required yard may overlap a required buffer yard, provided the requirement for each is met. The buffer yard shall be measured from the district boundary line, street right-of-way line or lot line, whichever is applicable. Required plantings shall not be placed within the right-of-way, except that the County may allow deciduous canopy trees.
3. The buffer yard shall be a landscaped area free of structures, dumpsters, commercial or industrial storage or display, signs, manufacturing or processing activity, materials, loading and unloading areas or vehicle parking or display.
4. Each planting screen shall meet the following requirements:
a. Plant materials needed to form the visual screen shall have a minimum height when planted of 4 feet.
b. Plants needed to form the visual screen shall be of such species, spacing and size as can reasonably be expected to produce within 3 years a mostly solid year-round visual screen at least 6 feet in height.
c. The plant screen shall be placed so that at maturity the plants will not obstruct a street or sidewalk.
d. The plant visual screen shall extend the full length of the lot line, except for: 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 where the plantings cannot feasibly be moved further back, and c) locations needed to meet other specific State, County, Borough/Township and utility requirements, such as stormwater swales.
e. American Arborvitae and similar weak-stem plants shall not be used to meet the buffer yard requirements. Evergreen trees should be planted at diagonal off-sets so that there is room for future growth of the trees. The plant screening shall primarily use evergreen trees.
f. Any fence shall be placed on the inside of any required buffer yard.
A. 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.
B. See also the buffer yard provisions in Section 803. See parking lot setbacks in Section 603.G.
C. Parking Lot Landscaping.
1. A minimum of one deciduous tree shall be required for every 20 new off-street parking spaces.
2. If a lot will include 30 or more new parking spaces, landscaped islands shall be provided within auto parking areas. Otherwise, the trees may be planted around the parking area.
3. Type of Trees. Required trees shall be chosen from the list of approved street trees as contained in the County Subdivision and Land Development Ordinance or applicable Subdivision and Land Development Ordinance, unless the applicant proves to the satisfaction of the County that another type of tree would shade paved areas, be resistant to disease, road salt and air pollution and be attractive.
4. Required trees shall be of symmetrical growth and free of insect pests and disease.
5. The trunk diameter (measured at a height of 6 inches above the finished grade level) shall be a minimum of 2 inches or greater.
6. Trees shall be planted with adequate soil and unpaved surface around each for water and air.
D. Landscape Maintenance. All landscaping required by this Ordinance shall be perpetually maintained by the property-owner. If such landscaping dies, is removed, or is severely damaged, it shall be replaced by the current property-owner as soon as is practical considering growing seasons.
A. Proof 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.
B. Continuation of Nonconformities.
1. A lawful nonconforming use, structure or lot as defined by this Ordinance may be continued and may be sold and continued by new owners.
2. Any expansion of, construction upon or change in use of a nonconformity shall only occur in conformance with this section.
3. If an existing use was not lawfully established, it shall not have any right to continue as a nonconforming use.
C. Expansion of or Construction Upon Nonconformities. The following shall apply, unless the structure is approved under Section 805.D.
1. Nonconforming Structure.
a. The Zoning Officer shall permit a nonconforming structure to be replaced, reconstructed or expanded provided:
(1) that such action will not increase the severity or amount of the nonconformity (such as the area of the building extending into the required yard) or create any new nonconformity, or
(2) that any expanded area will comply with the applicable setbacks in that District and other requirements of this Ordinance, except as may be allowed under subsection 1.c. below.
b. In the case of a nonconforming structure which is used by a nonconforming use, any expansion shall also meet the requirements of this Section regarding nonconforming uses.
c. See provisions in Section 307 that allow reductions in setbacks for certain existing lots.
d. Extension Along a Nonconforming Setback. If an existing building has a lawfully nonconforming front, side or rear building setback, additions may occur to increase the height above such setback or to extend other portions of the building out to the nonconforming front, side or rear setback line, provided that:
(1) the structure shall not be extended beyond the existing nonconforming setback line;
(2) the new nonconforming extension is not greater than 50 percent of the existing floor area of the building being expanded;
(3) all other requirements of this Ordinance shall be met; and
(4) such additions shall not be permitted for a building for a non-residential use that abuts an existing primarily residential use.
2. Nonconforming Lots.
a. 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:
(1) The lot must be a lawful nonconforming lot of record;
(2) Minimum setback requirements shall be met, except as provided elsewhere in this ordinance.
(3) State and Federal wetland regulations shall be met;
(4) If a septic or well is used, the requirements for such shall be met.
b. Lot Width. The fact that an existing lawful lot of record does not meet the minimum lot width requirements of this Ordinance shall not by itself cause such lot to be considered to be a nonconforming lot.
c. Note: The dimensional requirements for certain districts in Section 306 allow reduced side yards for some nonconforming lots.
3. Expansion of a Nonconforming Non-Residential Use. A non-conforming use or building area used by a nonconforming use shall not be expanded, except in accordance with the following provisions:
A nonconforming structure may be expanded up to one hundred (100%) percent of its floor area as it exists at the time of adoption of this Ordinance. A nonconforming structure proposed to be expanded more than 100% of its floor area may be permitted by special exception. Such use shall not be expanded except in accordance with all of the zoning regulations herein.
A nonconforming use may be expanded up to fifty (50%) percent of its lot area as it exists at the time of the adoption of this Ordinance. A nonconforming use proposed to be expanded more than 50% of its lot area may be permitted by special exception. Such use shall not be expanded except in accordance with all of the zoning regulations herein
Such reconstruction or expansion shall be only upon the same lot that the nonconforming use was located upon at the time the use became nonconforming. The above maximum increase shall be measured in aggregate over the entire life of the nonconformity. All expansions of the nonconforming use and/or building(s) that occurred since the use originally became nonconforming shall count towards the above maximum increase. Any expansion of a nonconforming use shall meet the required setbacks and other requirements of this Ordinance, unless the Zoning Hearing Board grants a variance.
4. Expansion of a Nonconforming Residential Use. An existing non-conforming residential use may be expanded as a permitted by right use provided that: a) the number of dwelling units or rooming house units are not increased, b) the expansion meets all applicable setbacks, c) no new types of nonconformities are created and d) a nonconformity is not made more severe.
5. Nonconforming Sign. The provisions of this Ordinance 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 Ordinance. See also Section 707.
D. Damaged or Destroyed Nonconformities.
1 Whenever an existing structure with prior noncomforming elements is partially damaged or totally destroyed by fire or other causes beyond the control of the property owner, that structure may be rebuilt, provided that such rebuilding does not result in a building which is more out of compliance than the building being replaced. A zoning permit to replace the structure must be obtained within twenty-four (24) months from the date of damage or destruction. Any such building or structure shall be allowed to be reconstructed on the same footprint that existed prior to the damage or destruction.
2 Extension. In response to an applicant stating good cause in writing, the Zoning Officer may extend in writing the time limit for substantial completion of work to a maximum total of 48 months after permits are issued.
3 If the structure or use is within the 100-year floodplain, regulations also apply under the Borough / Township floodplain regulations.
E. Abandonment of a Nonconformity.
1. If a nonconforming use of a building or land is discontinued, razed, removed or abandoned for 5 or more years, subsequent use of such building or land shall conform with the regulations of the district in which it is located, except as provided for in the "Damaged or Destroyed Nonconformities" provisions of Section 805.D.
2. The applicant shall be responsible to provide clear and convincing evidence that the nonconformity was not abandoned.
3. An existing lawful separate dwelling unit may be unrented for any period of time without being considered "abandoned" under this Ordinance.
F. Changes from One Nonconforming Use to Another.
1. Once changed to a conforming use, a structure or land shall not revert to a nonconforming use.
2. 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 applicable Zoning Hearing Board conditions that applied to the previous use.
3. Where special exception approval is required for a change of a nonconforming use, the Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equal or less objectionable in external effects than the pre-existing nonconforming use with regard to:
a. Traffic safety and generation (especially truck traffic),
b. Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire, hazardous substances, and explosive hazards,
c. Amount and character of outdoor storage,
d. Hours of operation if the use would be close to dwellings and
e. Compatibility with the character of the surrounding area.
4. A nonconforming use shall not be changed to a nonconforming Adult Use.
G. District Changes. Any uses, structures or lots that become nonconforming because of a zoning district change shall be regulated under this Section on nonconformities.