HomeMy WebLinkAboutMercersburg Zoning OrdDRAFT M 0 F URG FRANKLIN COUNV, PENNSYLVANIA Ordinance No. Revised D r a f t -October 1993 4 Adopted by the Mercersburg Borough Council on , 199-. hine\Software\Classes\CLSID\{4C904448-74A9-11d0-AF6E
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' I I DEVELOPED UNDER THE DIRECTION OF: EOROUGH COUNCIL AND PLANNING COMMISSION To be Added. BOROUGH MANAGER BOROUGH CONSULTING ENGINEERS BOROUGH STAFF BOROUGH SOLICITOR PLANNING & ZONING
CONSULTANT Urban Research and Development Corporation Bethlehem, Pennsylvania
CONTENTS ‘I ENACTMENT ARTICLE I ADMINISTRATION 101. PURPOSE AND OBJECTIVES 102. APPLICABILITY 103. ENFORCEMENT, VIOLATIONS AND PENALTIES 104. FILING FEES AND COSTS 105. INTERPRETATION
AND SIMILAR USES 106. GENERAL PROCEDURE FOR PERMITS 107. PERMITS AND CERTIFICATES 108. AMENDMENTS TO THIS ORDINANCE 109. CURATIVE AMENDMENTS 110. ZONING OFFICER 11 1. ZONING HJXUNG BOARD
AND VARIANCES 112. HEARINGS AND DECISIONS 113. APPEALS 114. PUBLIC UTILITY EXEMPTIONS 115. BORUGH AND MUNICIPAL AUTHORITY EXEMPTION 116. SITE PLAN REVIEW PROCEDURES FOR CERTAIN USES
117. SUBMISSION REQUIREMENTS FOR SITE PLAN REVIEWS 118. SPECIAL EXCEPTION USE PROCESS 119. LIABILITY ARTICLE I1 DEFINITIONS; ADDITIONALREQUIREMENTS FOR SPECIFIC USES 201. WOrcD USAGE
202. TERMS DEFINED; ADDITIONAL REQUIREMENTS FOR SPECIFIC USES ARTICLE I11 DISTRICTS, PERMITTED USES AND YARD REQUIREMENTS 301. DESIGNATION OF DISTRICTS AND PURPOSES 302. APPLICATION
OF DISTRICT REGULATIONS 303. ZONING MAP 304. DISTRICT BOUNDARIS 305. SETBACKS AND BUFFERS ACROSS MUNICIPAL BOUNDARIES 306. TABLE OF PERMITTED USES BY DISTRICT 307. TABLE OF AREA AND
SETBACK REQUIREMENTS BY DISTRICT 308. HEIGHT ARTICLEIV Reserved for Future Use PAGE 1-1 1-1 1-1 1-1 1-1 1-1 1-2 1-2 1-4 1-5 1-5 1-6 1-8 1-10 1-10 1-10 1-10 1-11 1-11 1-12 2-1 2-1 2-1
3-1 3-1 3-2 3-2 3-3 3-3 3-3 3-14 3-16 i
CONTENTS ARTICLE V ENVIRONMENTALPROTECTION 501. ENVIRONMENTAL PRESERVATION REQUIRED 502. NUISANCES AND HAZARDS TO PUBLIC SAFETY 503. WETLANDS 504. SETBACKS FROM JOHNSTON’S RUN 505. STEEP
SLOPES 506. STORAGE OF EXPLOSIVE AND HAZARDOUS SUBSTANCES 507. SEWAGE DISPOSAL 508. NOISE 509. VIBRATION 510. ODORS, DUST AND AIR AND WATER POLLUTION 511. LIGHT, GLARE AND HEAT CONTROL
512. FILLING, EXCAVATION AND GRADING 513. PLACEMENT AND SCREENING OF WASTE CONTAINERS AND 514. RADIOACTIVITY AND ELECTRICAL DISTURBANCES REQUIRED FENCING OF OUTDOOR STORAGE 515. FLOOD-PRONE
AREAS ARTICLEVI OFF-STREET PARKING AND LOADING 601. REQUIRED NUMBER OF OFF-STREET PARKING SPACES 602. GENEWV. REGULATIONS FOR OFF-STREET PARKING 603. DESIGN STANDARDS FOR OFF-STREET
PARKING 604. OFF-STREET LOADING ARTICLEVII SIGNS 701. APPLICABILITY 702. NONCONFORMING SIGNS 703. MISCELLANEOUS SIGNS NOT REQUIRING PERMITS 704. FREESTANDING, WALL AND WINDOW SIGNS 705.
ABANDONED OR OUTDATED SIGNS 706. LOCATION OF SIGNS 707. ILLUMINATION OF SIGNS 708. VEHICLES FUNCTIONING AS SIGNS 709. PROHIBITED SIGNS 710. CONSTRUCTION OF SIGNS 711. MEASUREMENT AND
MAJOR TYPES OF SIGNS 712. OFF-PREMISE SIGNS (Including Billboards) ii PAGE 5-1 5-1 5-1 5-2 5-2 5-2 5-8 5-9 5-9 5-10 5-10 5-11 5-11 5-12 5-13 5-13 6-1 6-1 6-6 6-7 6-14 7-1 7-1 7-1 7-1
7-5 7-7 7-7 7-8 7-8 7-8 7-9 7-9 7-10
I CONTENTS I I ARTICLEVIII GENERAL REGULATIONS 801. FRONTAGE ONTO IMPROVED STREETS; NUMBER OF USES OR BUILDINGS; MINIMUM SIZE OF DWELLINGS 802. HEIGHT EXEMPTION 803. SPECIAL LOT AND
YARD REQUIREMENTS, SIGHT DISTANCE AND BUFFER YARDS 804. LANDSCWING 805. INDUSTRIAL DRIVEWAYS 806. NONCONFORMITIES 807. TEMPORARY STRUCTURE OR USE ARTICLE IX HISTORIC DISTRICT 901. TITLE
AND PURPOSES 902. CREATION OF HISTORIC DISTRICT 903. BOARD OF HISTORICAL ARCHITECTURAL REVIEW 904. DUTIES OF THE HARB 905. PERMITS WITHIN THE HISTORIC DISTRICT 906. APPLICATION PROCEDURE
907. HARB PROCEDURE 908. STANDARDS FOR DECISIONS 909. MODIFICATIONS IN APPLICATIONS 910. REPORT OF HARB 911. BOROUGH COUNCIL'S DUTIES 912. DENIAL OF PERMIT 913. DEMOLITION 914. ENFORCEMENT
915. EMERGENCIES INDEX ZONING MAP STREET CLASSIFICATION MAP PAGE 8-1 8-1 8-1 8-2 8-7 8-7 8-8 8-11 9-1 9-1 9-1 9-2 9-2 9-3 9-3 9-4 9-4 9-5 9-5 9-6 9-6 9-6 9-6 9-7 Inserts at end 1 I iii
ARTICLE I GENERAL PROVISIONS AND ADMINISTRATION 101. PURPOSES AND OBJECTIVES. This Ordinance is hereby adopted: 1) in accordance with the requirements and purposes (including Section
604 or its successor section, which is included by reference) of the PA. Municipalities Planning Code, as amended, 2) in accordance with the community development goals and objectives
(which are included by reference) of the Mercersburg Borough Comprehensive Plan of 1993 (as may be amended), which constitutes an overall program, 3) in consideration of the character
of the Borough, its various parts and the suitability of the various parts for particular uses and structures, and 4) to assist in carrying out the purposes and provisions of the Constitution
of the Commonwealth of Pennsylvania (especially Article I, Section 27), the PA. Floodplain Management Act, PA. Storm Water Management Act, PA. DER regulations on erosion and sedimentation
control, PA. Dept. of Transportation regulations on highway access control and other relevant Federal and State laws, regulations, official policies and relevant Court decisions. 102.
APPLICABILITY. 102.A. Any activity regulated by this Ordinance shall only occur in such a way that conforms with the regulations of this Ordinance. 102.B. This Ordinance regulates matters
authorized by Section 603 "Ordinance Provisions" of the State Planning Code, or such successor section. 102.C. AI1 readers maintain the responsibility to procure the latest amendments
to this Ordinance. 103. ENFORCEMENT. VIOLATIONS AND PENALTIES. See Sections 616 and 617 of the PA. Municipalities Planning Code. 104. FILING FEES AND COSTS. The Borough Council has established
by resolution a schedule of fees and a collection procedure relating to all applications filed pertaining to this Ordinance. No application or appeal shall be considered filed until
all fees are paid. 105. INTERPRETATION AND SIMILAR USES. 105.A. Minimum Requirements. The provisions of this Ordinance shall be interpreted as the minimum requirements to promote public
health, safety and general welfare. Where a provision of this Ordinance differs or conflicts with any other provision of this Ordinance or any other ordinance, regulation or law, the
provision that is more restrictive upon uses and structures shall apply. 105.B. Uses Not S~ecificallvR ecrulated. If a use clearly is not permitted by right, by condition or by special
exception by this Ordinance within any Zoning District, the use is prohibited in the Borough, except the applicant may apply to the Zoning Hearing Board. The Zoning Hearing Board may
permit such use if the applicant proves all of the following to the satisfaction of the Zoning Hearing Board: 1. 2. 3. 4. that the use would clearly be less offensive in impacts and
nuisances than uses permitted in that district, that the use would be compatible with permitted uses in that District, that the proposed use would be compatible with the purposes of
the district, that the use can meet the general criteria listed in Section 118 entitled "Standards for Decisions," and Administration Page 1 -1
5. that the use is not "specifically prohibited" in the District. 105.C. Sketches, Sketches in this Ordinance are for illustrative purposes only and are not regulatory. 105.D. Interpretation
of Ordinance Text and Boundaries. The Zoning Officer shall apply the wording of this Ordinance and the location of all District boundaries to particular applications. In case of uncertainty
by the Zoning Officer, he/she shall request an interpretation of the specific uncertainty by the Zoning Hearing Board, with the applicant not liable for the application fee for that
particular request. The Zoning Officer may also request an advisory opinion from the Borough Solicitor or the Zoning Hearing Board Solicitor. See Section 11 1 and the Borough fee schedule
concerning appeals by an applicant. 105.E. Definitions. In matters of dispute, the Zoning Hearing Board shall have the authority to define words that are not specifically defined in
this Ordinance. 106. GENERAL PROCEDURE FOR PERMITS. 106.A. After receiving a proper application, the Zoning Officer shall either 1) issue the permit under this Ordinance or 2) refuse
the Permit indicating the reason. After receiving a proper application, reasons for a refusal shall then be stated in writing. 106.B. Reviews. Certain activities require review and/or
approval of the Zoning Hearing Board and/or of the Borough Council, and/or the recommendations of the Historic Architectural Review Board and/or the Planning Commission. 106.C. Appeal.
If refused a Permit by the Zoning Officer, the applicant may appeal to the Zoning Hearing Board for further consideration. 106.D. After an applicant has received a permit under this
Ordinance, the applicant may undertake the action permitted by the permit under this Ordinance, within compliance with other Borough Ordinances. However, it is recommended that applicants
wait 30 days to begin construction if there is a possibility of an appeal by another party to have the permit revoked. Any commencement of construction or a use within this 30 day appeal
period shall be at the risk of the applicant. 107. PERMITS AND CERTIFICATES. 107.A. A~plicabilitv. Any of the following activities or any other activity regulated by this Ordinance shall
only be carried out after receipt of any required approval or permit and in compliance with this Ordinance: 1. 2. 3. 4. Erection, construction, movement, placement or extension of a
structure, building or sign, Change of the type of use or expansion of the use of a structure or area of land, Establishment of a use, and/or Creation of a lot or alteration of lot lines.
107.B. Twes of Uses. 1. Permitted by Right Uses. The Zoning Officer shall issue a permit under this Ordinance in response to an application for a use that is "permitted by right" if
it meets all of the requirements of this Ordinance. Administration Page 1-2
i u 'I 2. Special Exception Use or Application Requiring a Variance, A permit under this Ordinance for an application requiring a Special Exception or Variance shall be issued by the
Zoning Officer only upon the written order of the Zoning Hearing Board after a hearing. 107.C. Applications. 1. 2. 3. Any request for a decision, interpretation or variance by the Zoning
Hearing Board or for a permit under this Ordinance shall be made in writing on a form provided by the Borough. Such completed application, with any required fees, and with any required
site plans or other required information, shall be submitted to a Borough employee responsible for processing such application. The applicant is responsible to ensure that a responsible
Borough official notes the date of the official receipt on the application. Five copies of a site plan shall be submitted if an application requires action by the Zoning Hearing Board,
and 2 copies shall be submitted if action by the Board is not required. Such site plan shall be drawn to scale. Any application to the Zoning Officer or Zoning Hearing Board shall include
the following information, unless the Zoning Officer determines that a site plan or such information is unnecessary to determine compliance with this Ordinance: a. b. c. d. e. f. g.
the location and dimensions of the lot, locations, dimensions and uses of existing and proposed structures, parking and loading areas, and locations of existing and proposed uses of
areas of land, name and address of the applicant, or appellant, name and address of the owner of the subject property, a description of the proposed use of the property, such additional
information that the Zoning Officer may determine is reasonably necessary to determine compliance with this Ordinance and all other applicable information listed on the official Borough
application form. 4. Submittals to the Board. In addition to the information listed in part "3." above, an application requiring a site plan and action by the Zoning Hearing Board shall
also include the following information, unless the Zoning Officer determines that such information is unnecessary for determination of whether the proposal complies with this Ordinance:
a. b. the present zoning district and major applicable lot requirements, a description of any proposed non-residential operations and storage in sufficient detail to indicate potential
nuisances and hazards regarding noise, large truck traffic, glare, odors, dust, fire or toxic or explosive hazards or other significant public health and safety hazards, if a non-residential
use is proposed within close proximity to dwellings, a description of hours of operation, a listing of any sections of this Ordinances being appealed, with the reasons for any appeal.
c. d. 5. Other Laws. The Zoning Officer may delay or suspend issuance of a permit under this Ordinance if there is knowledge by him or her that such a use would violate another Borough,
State or Federal law or regulation, until the applicant proves to the satisfaction of the Zoning Officer that such use is in compliance with such law or regulation. Ownership. No person
other than a landowner or their specifically authorized agent or a tenant or Ieasee with written permission of the landowner shall submit a zoning application (see definition of "landowner"
in Article 11). 6. Administration Page 13
7. The Zoning Officer may submit a copy of any plan and application to any appropriate agencies and/or individuals (such as the Planning Commission, the County Conservation District
or the Borough Engineer) for review and comment. 107.D. Issuance of Permit. 1. 2. At least 2 copies of any permit required under this Ordinance shall be made. One copy of any such permit
shall be retained in Borough files. One copy shall be retained by the applicant. A copy of any such permit shall be shown by the applicant to the Zoning Officer upon the Zoning Officer's
request. -_ 107.E. Revocation of Permits. The Zoning Officer shall revoke a permit or approval issued under the provisions of the Zoning Ordinance in case of 1. any false statement or
misrepresentation of fact in the application or on the plans on which the permit or approval was based (The Pennsylvania Criminal Code provides for penalties for providing false information
to a municipal employee in the carrying out of hisher duties.), or upon violation of any condition lawfully imposed upon a special exception use, conditional use or variance, any work
being accomplished or use of land or structures in such a way that does not comply with this Ordinance or an approved site plan or approved permit application or for any other just cause
set forth in this Ordinance. 2. 3. 4. 107.F. Temporary Permit. See Section 807. 107.G. Chanqes to Approved Plans. 1. 2. After the issuance of a permit and/or approval of a site plan
under this Ordinance by the Borough, such approved application and/or site plan shall not be changed without the written consent of the Zoning Officer. Changes to a site plan approved
by the Zoning Hearing Board as a special exception use or by the Borough Council as a conditional use shall require re-approval of the changes by such bodies if the Zoning Officer determines
that such changes significantly affect matters that were within their approval. Such approval by the Hearing Board or the Supervisors is not required for minor technical adjustments
or corrections of information that do not affect the significant features of the site plan and the intensity of the use, as determined by the Zoning Officer. 108. AMENDMENTS TO THIS
ORDINANCE. 108.A. Borough Council may amend, challenge, or repeal any or all portions of this Ordinance on 1) its own motion or 2) upon agreeing to hear a written request of any person,
entity or the Planning Commission. 108.B. Before voting on the enactment of an amendment, the Borough Council shall hold a public hearing thereon, following the procedural requirements
of the PA. Municipalities Planning Code, including public notice. 108.C. Review of Amendments. Administration Page 14
1. In the case of an amendment other than that prepared by or under the direction of the Planning Commission, the Borough Council shall submit each such amendment to the Planning Commission
at least 30 days prior to the hearing on such proposed amendment and permit the Commission an opportunity to provide recommendations. 2. County Review. The Borough shall submit the proposed
amendment to the County Planning Commission for recommendations at least 30 days prior to the hearing on such proposed amendment. No adion shall be taken by the Borough Council until
any County comments are received, unless 30 days pass without such comments being received. 108.D. Changes After a Hearinq. If, after any public hearing held upon an amendment, the proposed
amendment is revised, or further revised, to include or exclude land previously not affected by it, the Borough Council shall hold another public hearing, pursuant to public notice,
before proceeding to vote on the amendment. 108.E. Application for Ordinance Amendment. Amendment. Any request for amendment of the Zoning Ordinance (including supplement, change or
repeal) by any person or entity (other than the Borough Staff, Planning Commission, Borough Council or committee appointed by the Borough Council or under the direct oversight of such
entity) shall include the following: 1. 2. 3. 4. 5. A statement of why the change may be in the best interests of the Borough; A statement addressing any adverse affects on adjacent
residences; A statement addressing any major traffic access or congestion concerns; A map showing the proposed boundaries of any proposed map changes, the existing zoning of the land
and of adjacent lands and the current uses of adjacent lots; and A statement explaining proposed extensions and major improvements, if needed, of public water and sewer systems to serve
the land area. 109. CURATIVE AMENDMENTS. 109.A. Submittal. A landowner who desires to challenge on substantive grounds the validity of this Ordinance which prohibits or restricts the
use or development of land in which he has an interest, may submit a curative amendment to the Borough Council with a written request that this challenge and proposed amendment be heard
and decided as provided in the Municipalities Planning Code. 109.B. Curative Fees. For a curative amendment request, the applicant shall pay the Borough all fees required under the applicable
Borough fee schedule, and at a minimum, shall compensate the Borough for all actual expenses for legal advertising. 110. ZONING OFFICER. llO.A. Amointment. The Zoning Officer(s) shall
be appointed by the Borough Council. The Zoning Officer(s) shall not hold any elective office within the Borough, but may hold other appointed offices. 1lO.B. Duties and Powers. The
Zoning Officer shall: 1. administer the Zoning Ordinance; 2. 3. receive and examine all applications required under the terms of this Ordinance, and issue or refuse permits within this
Ordinance; receive complaints of violation of this Ordinance, and issue a written notice of violation to to any person violating any provision of this Ordinance; Administration Page
15
4. keep records of appljcations, permits, certificates, written decisions and interpretations issued, of variances granted by :he Board, of complaints received, of inspections made,
of reports rendered, and of notice or orders issued; and make all required inspections and perform all other duties as called for in this Ordinance; not have the power to permit any
activity which does not conform to this Ordinance, or all other Ordinances of the %rough. 5. 111. ZONING HEARING BOARD ACTIONS AND VARIANCES. l l l . A . Appointment. The Zoning Hearing
Board shall be continued and shall consist of 3 residents of the Borough appointed by the Borough Council, unless a differing number of members are authorized by another valid Borough
ordinance. Alternate members may be appointed within the provisions of the PA. Municipalities Planning Code. Board members shall serve terms of 3 years, so fixed that the term of office
of no more than one member expires each year. Members of the Board shall hold no elected office in the the Borough. I lll.B. Vacancies. The Board shall promptly notify the Borough Council
of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of a term. lll.C. Removal of Members. See Section 905 of the Municipalities Planning
Code. lll.D. Oraanization. t 1. Officers. The Board shall elect officers from its own membership. Officers shall serve annual terms and may succeed themselves. I 2. Quorum. For the conduct
of any hearing and taking of any action a quorum shall be not less than a majority of all members of the Board, except that the Board may appoint a hearing officer from its own membership
to conduct any hearing on its behalf and the parties may waive further action by the Board, as provided by the PA. Municipalities Planning Code. 3. Rules. The Board may make, alter,
and rescind rules and forms for its procedure, consistent with all applicable Borough ordinances and State law. lll.E. Zoning Hearing Board Functions. In addition to any other duties
specified specified in the PA. Municipalities Planning Code, the Zoning Hearing Board shall be responsible for the following: 1. Appeal of a Decision by the Zoning Officer a. The Board
shall hear and decide appeals where it is alleged by the appellant (a person affected or any agency of the Borough) that the Zoning Officer has failed to follow prescribed procedures,
or has misinterpreted or misapplied any valid provision of this Ordinance. b. See time limitations for appeals in Section 111 . F. 2. Challenge to the Validity of the Ordinance or Map.
a. The Board shall hear challenges to the validity of this Ordinance filed with the Board in writing by the landowner affected, any officer or agency of the Borough, or any person aggrieved.
Administration Page 1-6
b. After the conclusion of the hearing(s), the Board shall decide all questions and shall make findings on all relevant issues of fact, within the time limits of the PA. Municipalities
Planning Code. 3. Variance. a. b. The Board shall hear requests for variances filed with the Board in writing by any landowner (or any tenant with the permission of such landowner).
Standards. The Board may grant a variance only within the limitations of State law. (As of 1993, the PA. Municipalities Planning Code provided that all of the following findinas must
be made, where relevant: i) ii) iii) iv) v) -There are unique physical circumstances or conditions (including irregularity, narrowness, or shallowness of lot size or shape, or exceptional
topographical or other physical conditions peculiar to the particular property) and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally
created by the provisions of this Ordinance in the neighborhood or district in which the property is located; Because of such physical circumstances or conditions, there is no possibility
that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and a variance is therefore necessary to enable the reasonable use of the property;
Such unnecessary hardship has not been created by the appellant; The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property
is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and The variance, if authorized,
will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.) c. In gmnting any variance, the b a r d may
attach such reasonable conditions and safeguards as it may deem necessa y to implement the purposes of this Ordinance and to protect the public health and safety and to avoid public
nuisances. Conditions imposed by the Zoning Hearing Board shall automatically become conditions of the construction permit issued pursuant thereto, and any failure to comply with said
conditions shall be a violation of this Ordinance. 4. Special Exception Uses. a. The Board shall hear and decide requests for all special exceptions filed with the Board in writing by
any landowner (or any tenant with the permission of such landowner), as provided in this Ordinance and in accordance with such standards and criteria contained in this Ordinance and
the procedures in Section 119. Conditions. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards (in addition to those expressed
in the Ordinance) as it may deem necessary to implement the purposes of this Ordinance, to protect the public health and safety and to avoid public nuisances. Conditions imposed by the
Zoning Hearing Board shall automatically become conditions of the construction permit issued pursuant thereto, thereto, and any failure to comply with said conditions shall be a violation
of this Ordinance. b. 5. Hearings. See Section 112. 6. Records and Reports. The staff to the Board shall keep full public records of its business. Administration Page 1-7
7. Court Appeals. In the case of an appeal from the Board to the Court of Common Pleas, the Appellant shall make the return required by law, and should promptly notify the Borough Zoning
Hearing Board Solicjtor of such appeal. 8. Appeal by the Zoning Officer. See Section 105.D. lll.F. Time Limitations for Appeals. The time limitations for appeals shall be as follows:
1. No person shall be allowed to file any appeal with the Zoning Hearing Board later than 30 days after the decision by the Zoning Officer that is being appealed has been officially
issued, or appeal with the County Court of Common Pleas later than 30 days after a decision of the Zoning Hearing Board has been officially issued, except as may be provided under Section
914.1 of the PA. Municipalities Planning Code. 2. The failure of an zggrieved person other than the landowner to appeal an adverse decision directly related to a preliminary subdivision
or land development plan shall preclude an appeal from a final plan approval except in the case where the final submission substantially deviates from the approved preliminay plan. 3.
This 30 day time limit for appeals shall not apply to the revocation of a permit under Section 107.F., and shall not limit action by the Borough where a use operated or a structure was
erected or expanded without a required Borough approval or permit. lll.H. Stay of Proceedinqs. See Section 916 of the State Planning Code. 111.1. Time Limitations on Permits and Variances.
1. After a variance is approved or approval is officially authorized under this Ordinance, then a permit shall be secured by the applicant within 6 months after the date of such approval
or authorization. Such action under such permit shall then begin within 12 months of the issuance of the permit. 2. If the applicant submits complete plans for a required site plan review
or subdivision or land development approval or special exception or conditional use approval that is related to the variance or issuance of a permit under this Ordinance within the above
above time limits, then such time limits shall begin after such plan review is completed or such plan approval is granted. 3. For good cause the Zoning Officer may, upon application
in writing stating the reasons therefore, extend in writing the 6-month application period to up to 18 months. 4. If an applicant fails to obtain the necessary permits within the above
time period, or after obtained the permit fails to diligently commence substantial construction within 12 months or alJows interruptions in substantial construdion of longer than 6 months,
it shall be conclusively presumed that the applicant has waived, withdrawn or abandoned the approval, and all such approvals, variances and permits shall be deemed automatically rescinded.
5. Any building construdion shall be completed within 36 months of issuance of an applicable permit, unless a written extension is granted by the Zoning Officer for good cause. 112.
BOARD HEARINGS AND DECISIONS. The Board shall conduct hearings and make decisions in accordance accordance with the following: I' I1 Administration Page 2 8 I
(I I I ‘I 112.A. Notice of Hearinss. Notice of all hearings of the Board shall be given as follows: 1. Ad. Public notice shall be published, as defined by Section 107 of the Municipalities
Planning
Code. The Notice shall state the time and place of the hearing and the particular nafure of the matter to be considered. 2. Posting. Notice of such hearing shall be conspicuously posted
on the affected tract of land at least one week prior to the hearing. It is the responsibility of the applicant to ensure that such notice is posted and remains posted until the hearing.
3. Persons Given Notice. Written notice shall be given to the Applicant and the Zoning Officer. Notice shall be given to owners of property of record abutting or directly across the
street from the lot lines of the subject property. Also, such notice shall be given to any other person or group (including civic or community organizations) who has made a written timely
request for such notice. Any such notices should be mailed or delivered by a Borough representative to the last address known to the Borough. Such notice should be intended to be received
at least 5 days prior to the hearing date. 112.B. Oaths and Subpoenas. The chair of the Board or Hearing Officer shall have power to administer oaths and issue subpoenas to compel the
attendance of witnesses and the production of relevant documents and papers, including witnesses and documents reasonably needed by and requested by the parties. 112.C. Remesentation
by Counsel. The parties shall have the right to be represented by legal counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse
witnesses on relevant issues. 112.D. Evidence and Record. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded. The Board
or the hearing officer, as applicable, shall keep a record of the proceedings as required by State law. 112.E. Communications Outside of Hearinss. 1, The Board shall not meet meet with,
visit the site with or directly communicate specifically on the matter with the applicant or any officially protesting party or their representatbes in connection with any issue involved,
except if opportunity is provided for the applicant and any officially protesting party to participate. 2. The Board shall not take notice of any communication, reports, staff memoranda,
or other materials unless the parties are afforded an opportunity to examine and contest the material so noticed. This restriction shall not apply to advice from the Board’s solicitor.
112.F. Advison, Reviews. The Zoning Hearing Board may request that the Planning Commission or Borough Engineer provide an advisory review on any matter before the Board. Such action
may involve a continuation of the hearing to another date to allow a representative of the Planning Commission or the Borough Engineer to testify. 112.G. Initiation of Hearinw. A hearing
required under this Ordinance shall be initiated within 60 days of the date of an applicant’s request for a hearing, unless the applicant has agreed in writing to an extension of time.
A request for a hearing by an applicant shall not be accepted prior to submission of a duly filed application. 112.H. DecisionlFindinas. Administration Page 1-9
1 1. The Board shall render a written decision or make written findings (when no decision is called for) on each application within 45 days after the last hearing on that application
before the Board, unless the applicant has agreed in writing to an extension of time. 2. Where the application is contested or denied, the decision shall be accompanied by findings of
fact and conclusions based thereon, together with the reasons for such conclusions. 3. Any denial based on provisions of the PA. Municipalities Planning Code or of this Ordinance shall
contain a reference to the principal provision relied upon. 112.1. Notice of Decision. A copy of the final decision or a copy of the findings (when no decision is called for), shall
be personally delivered or mailed to the applicant or his/her representative or their last known address not later than the time limit established by Section 907 of the PA. Municipalities
Planning Code. 113. APPEALS. 113.A. In General. All appeals of this Ordinance or any action of the Borough Council, the Zoning Officer or the Board under this Ordinance shall conform
with Article X-A of the State Planning Code. 113.B. Procedural Defects in Enactment. Allegations that this Ordinance or any amendment was enacted in a procedural defective manner shall
be appealed directly to the court and be filed not later than 30 days from the intended effective date of the Ordinance or amendment. 113.C. To the Zoninq Hearinq Board. Appeals to the
Board shall comply with Section 112, "Hearings." 114. PUBLIC UTILITY EXEMPTIONS. See Section 619 of the PA. Municipalities Pianning Code. 115. BOROUGH AND MUNICIPAL AUTHORITY EXEMPTION.
The minimum lot area and minimum lot width requirements of this Ordinance shall not apply to uses or structures owned by Mercersburg Borough or by a municipal authority created solely
by Mercersburg Borough, for uses and structures that are intended for a legitimate governmental, recycling, public utility or public health and safety purpose. 116. SITE PLAN REVIEW
PROCEDURES FOR CERTAIN USES. 116.A. When Site Plan Required. A site plan review by the Planning Commission and Borough Council is required for any of the following uses if the physical
layout of the use will not be approved as: a) a conditional use, b) a subdivision or c) a land development. 1. 2. 3. 4. Any expansion of more than 2,000 square feet in the floor area
of a non-residential building. Any new or expansion of a paved area of greater than 5,000 square feet. Conversion of a non-residential principal building to what the Zoning Officer determines
to be a clearly distinctly different non-residential use. Any construction of a new non-residential principal building(s) that is not regulated under the "land development" definition
of the Borough Subdivision and Land Development Ordinance. 116.B. Site Plan Procedures. The following procedures shall be followed for any use required to be reviewed under this Section:
1 'I I Administration Page 1-1 0
I' I B I 1. Submission. 7 complete copies of any required site plan shall be submitted to the Borough. The Zoning Officer shall refuse to accept an application if it does not contain
sufficient information to determine compliance with this Ordinance. A minimum of 1 copy shall be retained in Borough files. The Site Plan shall include the information listed in Section
117. The Zoning Officer shall seek a review by the Borough Engineer if engineering matters are involved. . 2. Time. The Planning Commission and Borough Council shall be given an opportunity
to review the site plan and provide any advisory comments in writing to the Zoning Officer within the time limit stated or in part "3."b elow. 3. The Zoning Officer shall review the
site plan and determine its compliance or noncompliance with this Ordinance, based upon hidher review and any comments of the Borough Council and Planning Commission. For a permitted
by right use, the Zoning Officer should make such determination within 90 days after the first scheduled Planning Commission regular meeting after the receipt of a complete site plan
submission, unless the applicant grants a written time extension. B. Compliance With Approved Plan -See Section 107.H. 117. SUBMISSION REQUIREMENTS FOR SITE PLAN REVIEW. Where a site
plan is required by Section 116, the submittal shall include all of the same infomation as would be required for a preliminary plan under the Borough Subdivision and Land Development
Ordinance. 118. SPECIAL EXCEPTION USE PROCESS. 118.A. Purpose. The Special Exception Process is designed to allow careful review of uses that have some potential of conflicts with adjacent
uses or areas. 118.B. Special Exception Procedure. 1. All applicants for a special exception use shall submit 5 sets of Site Plans for the proposed use to the Secretary to the Zoning
Hearing Board together with a written application. The Zoning Officer may waive the site plan requirement for home occupations that are not intense and other uses not involving new buildings
nor additional off-street parking. Photographs of the existing site or buildings may also be requested to be presented by the applicant. 2. All Site Plans shall contain the information
required in Section 107.D. A minimum of 1 copy shall be retained in the Borough files. 3. The Zoning Officer should, prior to the next Zoning Hearing Board meeting where the application
will be discussed, review the Plan to determine compliance with this Ordinance and report these findings to the Zoning Hearing Board. The Board may request an advisory review by the
Planning Commission or the Borough Engineer. 4. The Board shall hear and decide such request for a special exception use under the procedures of Article I and the State Planning Code.
The Bo'ard shall schedule the first hearing within 60 days of submittal of a proper application, unless granted a written extension by the applicant. The Board shall issue a decision
within 45 days after the conclusion of the final hearing on the matter. Administration Page 1-1 1
5. The decjsion of the Board shall be in writing and shall be communicated to the applicant or their representative in accordance with Article I. 6. A site plan review by the Planning
Commission and the Borough Council may also be required for certain uses. See Section 116. 118.C. Approval of Special Exception Uses, The Zoning Hearing Board shall approve any proposed
special exception use if they find adequate evidence that any proposed use will meet: 1. 2. 3. Generally be capable of meeting applicable sections of the Subdivision and Land 4. Any
specific standards for the proposed use listed in Sections 402 or 403. Other applicable sections of this Ordinance. Development Ordinance. Comply with all of the following standards:
a. b. c. d. Other Laws. Will not clearly be in conflict with other Borough Ordinances or State or Federal laws or regulations known to the Borough. Traffic. Will not result in or significantly
add to a significant traffic hazard or significant traffic congestion. Safety. Will not create create a significant public safety hazard, including fire, toxic or explosive hazards.
Storm Water Management, Will follow adequate, professionally accepted engineering methods to manage storm water, Stormwater shall not be a criteria of a decision under this Ordinance
if the application clearly would be subject to a separate engineering review and an approval of storm water management by the Borough Council under the Subdivision and Land Development
Ordinance. Neighborhood. Will not significantly negatively affect the desirable character of an existing residential neighborhood. Site Planning. Will involve adequate site design methods,
including plant screening and setbacks as needed to avoid significant negative impacts on adjacent uses. Performance Standards. Will not have a serious threat of inability to comply
with the performance standards of this Ordinance, as stated in Article V. e. f. g. 118.D. Conditions. See Section 11 1.E.4. 119. LIABILITY. 119.A. Neither the approval nor the granting
of any review, issuance of permit or approval related to construction, activity within the floodplain, site plan review, subdivision or land development approval, erosion control, storm
water runoff, activity on steep slopes or any other review or permit of this Ordinance, by an officer, employee, consultant or agency of the Borough, shall constitute a representation,
guarantee or warranty of any kind by the Borough, or its employees, offjcials, consultants or agencies, of the practicality or safety of any structure, use or subdivision, and shall
create no liability upon, nor a cause of action against such public body, official, consultant nor employee for any damage that may result pursuant thereto. 119.B. If the Zoning Officer
mistakenly issues a permit under this Ordinance, the Borough shall not be liable for any later lawful withdrawal of such permit for valid cause shown. 1 I I I I( I I I Administration
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,* -, . , _ . ' , i u t 1. 2. 3. Ordinance No. MERCERSBURG BOROUGH Z ~ N OGRD INANCE ENACTMENT TITLE. An Ordinance: a) dividing the Mercersburg Borough into districts and regulating
the use of land and the location, use and density of buildings within these districts; b) providing for the administration, implementation and enforcement of this Ordinance; c) permitting,
prohibiting, regulating and determining the uses of land, watercourses and other bodies of water, the size, height, bulk, location, erection, construction, repair, maintenance, alteration,
razing, removal and use of structures, the areas and dimensions of land and bodies of water to be occupied by uses and structures, as well as areas, courts, yards and other open spaces
and distances to be left unoccupied by uses and structures, d) establishing the maximum density and intensity of development; and e) establishing provisions for special exceptions and
variances to be administered by a Zoning Hearing Board. SHORT TITLE. This Ordinance shall be known and be cited as the "Mercersburq Borouqh Zoninq Ordinance" of 1993. SEVERABILITY. It
is hereby declared to be the legislative intent that: 3.A. If a court of competent jurisdiction declares any provisions of this Ordinance to be invalid or ineffective in whole or in
part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this Ordinance
shall continue to be separately and fully effective. 3.B. The Borough Council hereby declares that it would have passed this Ordinance and each section or part thereof irrespective of
the fact that any one or more sections or parts thereof be declared invalid. 4. REPEALER. AI1 other Borough ordinances or resolutions or parts thereof that were adopted prior to this
Ordinance and are clearly in direct conflict with this Ordinance are hereby repealed, including the preexisting Mercersburg Borough Zoning Ordinance of 1975, as amended, and including
sections of the Mercersburg Borough Subdivision and Land Development Ordinance of 1974, as amended, that directly conflict with this new Ordinance, including but not limited to Section
1002. parts e., f. and h.. 5. ENACfMENT. Under the authority conferred by the PA. Municipalities Planning Code, as amended, the Borough Council of Mercersburg Borough hereby enacts and
ordains into an Ordinance the attached document this date of ___---_----____1_9-9-3_. T-h_is, Ordinance shall become effective immediately. Date of Planning Commission Public Meeting:
-_-_____--_-_--_----1 1993 Date of Borough Council Public Hearing: -----,-----,--------1, 993 II I
~,~ ~~ ~ ENACTMENT -ZONING ORDINANCE (Continued) MAYOR APPROVAL: approved. Now this _-_--___--___-_d-a-y_ -o-f -1 993, the foregoing Ordinance is
ARTICLE I1 DEFINITIONS; ADDITIONAL REQUIREMENTS FOR SPECIFIC USES 201. GENERAL INTERPRETATION. For the purposes of this Ordinance, words and terms used herein shall be interpreted as
follows: A. Words in the present tense shall include the future tense. B. "Used" or "occupied" as applied to any land or building include the words "intended, arranged, or designed to
be used or occupied". C. 'Should" means that it is strongly encouraged but is not mandatory. "Shall" is always mandatoy. D. 'Sale" shall also include rental. E. The singular shall include
the plural and vice-versa. The masculine gender shall include the feminine and neuter, and vice-versa. F. If a word is not defined in this Ordinance, but is defined in the Borough Subdivision
and Land Development Ordinance, as amended, the definition in that Ordinance shall apply. If a word is defined in both this Ordinance and another Borough ordinance, each definition shall
apply to the provisions of each applicable ordinance. G. Any word or term not defined in in this Ordinance or in the Borough Subdivision and Land Development Ordinance, as amended, shall
be used with the meaning of standard usage within the context of the Section of this Ordinance within which the word is used. H. The words "such as", "includes", "including" and "specifically"
shall provide examples. These examples shall not, by themselves, limit a provision to the examples specifically mentioned if other examples would otherwise comply with the provision.
202. TERMS DEFINED. When used in this Ordinance, the following words, terms and phrases shall have the following meanings, unless expressly stated otherwise or unless the context clearly
indicates othewise: Abut. Definition: Areas of contiguous lots that share a common lot line, excluding any lot that is entirely separated by a street or a perennial waterway. See definition
of "adjacent." Accessorv Structure. Definition: A structure, such as a private garage or private swimming pool, serving a purpose customarily incidental and subordinate to to the use
of the principal building and located on the same lot as the principal building. An accessory building is a type of accessory structure that also meets the definition of a "building."
Definitions; Additional Requirements Page 2-1
Use Standards: a. The accessory setback requirements of the applicable district shall apply to eve y accessory building, structure or use unless a standard that is clearly meant to be
more restrictive or less restrictive is specifically stated in this Article for a particular accessory use. b. Accessory buildings on a jot with a lot area of 1 acre or less in a residential
district shall meet the following requirements: 1) Maximum total floor area of all accessory buildings shall be 1,000 square feet. 2) Maximum of 2 accessory buildings per lot. c. Maximum
height -See Section 308. d. The following accessory uses are permitted by right as accessow uses to a lawful principal use in all districts, within the requirements of Section 403 and
all other requirements of this Ordinance: 1. Air Conditioning Equipment, other than central equipment for a commercial or industrial use 2. Adult Day Care Center, including care of up
to 4 persons 3. Antennae, Household* 4. Crop Storage as an Accessory Use to Crop Farming 5. Day Care Center as an accessory use, within the limits on number of children in Section 403*
6. Fence* or Wall* 7. Flag Pole 8. Garage, Household 9. Garage Sale* 10. 11. Keeping of Pets* 12. 13. 14. 15. 16. 17. Satellite Antennae* 18. 19. Solar Ejlergy System 20. Stable, Household*
21. Swimming Pool, Household 22. Tennis/Racquetball/Volleyball Court 23. Windmill 24. Such other accessory use or structure that the applicant proves to the satisfaction of the Zoning
Officer is clearly customary and incidental to a lawful principal use. e. Permitted Accessory Uses to Non-Residential Uses. The following are permitted by right accessory uses only to
a lawful use in a commercial, industrial or academic district, provided that all requiremeent of this Ordinance are met: 1. Amusement machines, coin or token operated, maximum of 4 machines
as an accessory use 2., Food, beverage and toy machines, coin operated 3. Newspaper sales machines, coin operated 4. Telephones, coin operated 5. Storage of fuels for on-site use or
to fuel company vehicles 6. The following accessory uses, provided that the use is clearly limited to employees, patients, residents and families of employees of the use: a) Cafeteria
without drive-thru service and without exterior signs, b) Day care center, c) Noncommercial recreational facilities, or d) Meeting facilities. 7. Recycling Collection Center as an accessory
use Indoor Storage that is customarily accessory to a permitted use Loading, Off-street, only to serve a use that is permitted in that district Parking, OffStreet, only to serve a use
that is permitted in that district Recreational Facilities limited to use by employees of a lot or a development and their occasional guests Recreational Facilities limited to use by
residents of a development and their occasional invited guests Residential accessory structure (see definition in Article II)* Signs, as permitted by Article VI1 Definitions; Additional
Requirements Page 2-2
Accessorv Use. Definition: A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building. Acre. Definition:
43,560 square feet. Adiacent. Definition: Includes contiguous lots that share a common lot line or that are separated only by a street or waterway. Adult Bookstore. Definition: A use
with a significant portion of the market value of or total number of items for sale or rent being books, films, magazines, video tapes, coin-or token-operated films or videotapes, novelties,
items, paraphernalia or other periodicals which are distinguished or characterized by a clear emphasis on matter depicting, describing, displaying or relating to uncovered male or female
genitals or "specified sexual activities" (see definition). This shall include but not be limited to materials that would be illegal to sell to persons under age 18 under State law.
Use Standards: The standards for Adult Use shall apply. Adult Day Care Center. Definition: A use providing supervised care and assistance primarily to persons who are over age 60, mentally
retarded and/or physically handicapped who need such daily assistance because of their limited physical abilities, Alzheimers disease or mental retardation. Use Standards: This use shall
not include persons who need oversight because of behavior that is criminal or violent. This use may involve occasional overnight stays, but shall not primarily be a residential use.
The use shall involve typical stays of less than a total of 60 hours per week per person. This use shall not include a "Treatment Center" unless such use is permitted in the applicable
district and the requirements of that use are also met, The use shall be fully licensed by the State, if applicable. Adult Live Entertainment Use or Facilitv. Definition: A use including
live entertainment involving persons (which may include, but is not limited to, waiters, waitresses, dancers, clerks, bartenders, contractors or others) displaying uncovered male or
female genitals or nude or nearly nude (such as wearing of "pasties) female breasts or engaging in simulated or a h a 1 "specified sexual activities" related to some form of monetary
compensation paid to a person, company or organization operating the use or to persons involved in such activity. Use Standards: The standards for Adult Use shall apply. Adult Movie
Theater. Definition: A use involving the presentation typically to 3 or more persons at one time of motion pictures, video tapes or similarly reproduced images distinguished or characterized
by an emphasis on depiction of "specified sexual activities" for observation by patrons therein and that is related to sume form of monetary compensation by the persons viewing such
matter. A theater that only shows such films or video tapes for a maximum of 14 days in any calendar year shall not be considered an "adult movie theater." Use Standards: The standards
for Adult Use shall apply. Adult Use. Definition: This shall include only the following: Adult kokstore, Adult Movie Theater, Massage Parfor or Adult Live Entertainment Use. Use Standards:
Definitions; Additional Requirements Page 23
8 II 1 8 a. b. C. d. e. f. 9. h. i. j. k. 1. m. n. 0. P. No such use shall be located within 500 lineal feet of the lot line of any primary or secondary school, place of worship, public
park, day care center, child nursery, library, existing dwelling, or any site marked as a proposed future park location on any Borough Official Map. No such use shall be located within
1,500 lineal feet of any other existing or approved "adult use." A 30 feet buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance
with Section 803, but with plantings of an initial minimum height of 5 feet. No pornographic material, displays or words shall be placed in view of persons who are not inside of the
establishment. Definite precautions shall be made to prohibit minors from entering the premises. No such use shall be used for any purpose that violates any Federal, State or Borough
law. Any violation of this zoning requirement involving a serious criminal offense that the proprietor has continuing knowledge of and allows to occur shall be sufficient reason for
the Borough to revoke Borough permits. See Section 709, Prohibited Signs. No such use shall be allowed in combination with the sale of alcoholic beverages. The use shall not include
the sale or display of "obscene" materials, as defined by State law, as may be amended by applicable Court decisions. These uses are specifically prohibited in all Districts except where
specifically permitted by Article 111. A minimum lot area of 2 acres is required. For public health reasons, private or semi-private viewing booths of any kind are prohibited. This specifically
includes, but is not limited to, booths for viewing adult movies or nude dancers. No room of any kind accessible to customers shall include less than 150 square feet, other than required
restrooms. No use may include live actual or simulated sex acts or any sexual contact between entertainers or between entertainers and customers. Only "lawful" massages as defined by
State court decisions shall be performed in a massage parlor. Except within a permitted adult live entertainment use, persons within any adult use shall wear non-transparent garments
that cover their genitals and the female areola. The applicant shall provide a written affidavit stating that helshe has mailed or delivered a written notice of the proposed hearing
date to all property-owners of record within 500 feet of the subject property at least 10 days prior to the hearing date. Adult Use Owners and Managers. The applicant shall submit a
written list of all persons having an ownership interest of more than 1 percent in the business, including shareholders and partners of any corporation. The applicant shall also submit
the name of the manager who is responsible to ensure that all Borough and State regulations are enforced on a day-today basis. Such manager shall be a person who resides within a 40
mile radius of the use. Such information shall include the person's business and home addresses and phone numbers and shall be a matter of public record. Such information shall be kept
up-to-date. Failure to keep such information up-to-date shall be a violation of this Ordinance and be reason for suspension of Borough permits. Alley. Definition: A public thoroughfare
having a right-of-way width of 20 feet or less, regardless of the name of such thoroughfare. ADartment. See "dwelling types." Applicant. Definition: The person(s) , company, partnership,
profit or non-profit corporation or trust responsible for a particular application for an approval or permit under this Ordinance, and hisher heirs, successors and assigns. Auditorium,
Commercial. Definition: Acommercial area or structure invoking indoor or outdoor space for exhibits, meetings, live performances or sports events, but not a use that meets the definition
of a movie theater, adult live entertainment use or standard or fast-food restaurant. 1 Definitions; Additional Requirements Page 24
Auto, Boat and/or Mobile/Manufactured Home Sales. Definition: A building or area, other than a street, used for the outdoor or indoor display, sale or rental of one or more of the following
in operable condition: motor vehicles, recreation vehicles, boat trailers, farm machinery, motorcycles, trucks, utility trailers, construction vehicles or boats, or transportable mobile/manufactured
homes in a livable condition. Thjs use may include an auto repair garage as an accessory use provided that all requirements of such use are complied with. This use shall not include
a mobile/manufactured home park or a junkyard. Auto Repair Garaqe. Definition: A building and/or land where repairs, improvements and installation of parts and accessories for motor
vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "auto service station." An auto repair garage shall
include, but not be limited to, any use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding or rebuilding of transmissions.
Any use permitted as part of a "auto service station" is also permitted as part of an "auto repair garage." This
use shall not include a use meeting the definition of a "truck stop." Use Standards: a. All major repair, welding and paint work shall be performed within a building, with a fume collection
and ventilation system that directs fumes away from any adjacent dwellings. b. An individual "junk vehicle" (as defined by Article 11) shall not be stored within view of a public street
or a dwelling for a total of more than 20 days. No junk vehicles shall be stored within 20 feet of an existing street right-of-way line. A maximum of 6 junk vehicles may be parked on
a lot outside of an enclosed building at any one time. Auto Service Station. Definition: A building and/or land where gasoline is sold, and where no repairs are conducted, except work
that may be conducted that is closely similar in character to the following: sale and installation of oil, lubricants, batteries and belts and similar accessories and safety and emission
inspections. This use may include the sale of ready-toeat food for consumption off the lot and of common household products as a clearly accessory use. An accessory use providing only
motor fuel to vehicles operated by that business shall not be considered to be a gasoline service station. This use shall not include a use meeting the definition of a "truck stop."
Use Standards: a. Fuel pumps shall be at least 25 feet from the existing street right-of-way. Basement. Definition: An enclosed floor area partly or wholly underground, other than a
building which is completely underground. A basement shall be considered a "story" if: a. the majority of the basement has a clearance from floor to ceiling of 6 feet or greater and
b. the roof of the basement is an average of 4 or more feet above the finished grade of the front side of the building that faces onto a street. Bed and Breakfast Use. Definition: The
use of a preexisting single family detached dwelling, single family semidetached ("twin") dwelling or townhouse dwelling and/or accessory structure of such dwelling for the rental of
overnight sleeping accommodations and bathroom access for clearly temporary visitors to the area. Definitions; Additional Requirements Page 25
Use Standards: a. In a residential district, the use shall include a maximum of 7 rental units or rental units occupying a maximum of 50 percent of the pre-existing habitable building
floor, whichever is more restrictive. b. A maximum of 3 adults may occupy one rental unit. c. A minimum of 1 off-street parking space shall be provided per rental unit, in addition to
1 space for the operators of the use. The location of the off-street parking spaces shall be shown on a site plan. d. For a use within a residential district that would involve 5 or
more off-street parking spaces: 1) the proposed parking location and site plan shall be offered to the Planning Commission for an advisory review at one legally advertised meeting; 2)
a maximum of 5 off-street parking spaces shall be located within the required front yard of the lot; 3) if 4 or more off-street parking spaces are located within a side or rear yard
abutting a public street or primarily resjdential lot, then such spaces shall be separated from such street or lot by primarily evergreen plants, Such plants shall be of such height
and intensity to, at a minimum, prevent headlights from shining into any abutting or adjacent dwelling. e. Within a residential district, no exterior alterations shall occur to the principal
building that would reduce its residential character, except for alterations needed for historic rehabilitation, fire safety and handicapped access. f. The use shall be operated by permanent
residents of the lot, but is not required to be owned by residents of the lot. g. There shall not be separate cooking facilities in any guest room. h. In a residential district, shall
be restricted to buildings that existed prior to January 1, 1960. i. The use shall not involve providing meals to non-guests, unless a restaurant is also permitted in the applicable
district and the requirements of a restaurant are also met. j. The use shall not routinely involve renting sleeping accommodations to persons for periods totalling longer than 14 days
in any month. Board. Definition: The Zoning Hearing Board of the Borough of Mercersburg. BoardinQ House. Definition: A residential use in which: a) 2 or more individual rooms that do
not meet the definition of a dwelling unit are rented for habitation by a total of 2 or more persons or b) a dwelling unit includes greater than the permitted maximum number of unrelated
persons. A boarding house shall not include a use that meets the definition of a hotel, dormitory, motel, life care center, personal care center, bed and breakfast use, group home or
nursing home. A college fraternity or sorority house used as a residence shall be considered a type of boarding house. A boarding house may either involve or not involve the providing
of meals to residents. Use Standards: a. Each sleeping room shall be limited to a maximum of 2 adults, plus any children. b. Interior Space. A minimum of 200 square feet of heated, interior
floor area per resident. c. Maximum number of residents: 20. d. See also standards for "personal care homes" which is a separate use. e. Rooms shall be rented for a minimum period of
5 consecutive days. Borouqh. Definition: Mercersburg Borough, Franklin County, Pennsylvania. BorouQh Council. Definition: The Borough Council of the Borough of Mercersburg. @I I R- I
1 rn Definitions; Additional Requirements Page 2-6
Buffer. Definition: A strip of land that a) separates one use from another use or feature, and b) is not occupied by any building, parking, outdoor storage or any use other than open
space or approved pedestrian pathways. A buffer yard may be a part of the minimum setback distance but land within an existing or future street right-of-way shall not be used to meet
a buffer requirement. Buildinq. Definition: Any structure having a permanent roof and intended for the shelter, work area, housing or enclosure of persons, animals, vehicles, equipment
or materials and that has a total area under roof of greater than 50 cubic feet. "Building" is interpreted as including "or part thereof." See the separate definition of "structure".
Any structure involving a permanent roof (such as a covered porch or a carport) that is attached to a principal building shall be considered to be part of that principal building. Buildinq
Coveraqe. Definition: The percentage obtained by dividing: a) the maximum square feet of the horizontal area of all principal and accessory buildings and attached structures covered
by a permanent roof on a lot by b) the total lot area of the lot upon which the buildings are located. Buildinq, Principal. Definition: A building used for the conduct of the principal
use of a lot, and which is not an accessory building. Buildins Lendh. Definition: The horizontal measurement between the two most distant portions, other than portions measured diagonally,
of any 1 building or of attached buildings. Buildins Line or Buildinq Setback Line. Definition: See "Setback Line." Buildins Width. Definition: The horizontal measurement between 2 structural
walls of 1 building that are generally parallel, measured in one general direction that is most closely parallel to the required lot width. For a townhouse, this width shall be the width
of each dwelling unit. Bulk or Bulk Storaqe. Definition: Storage or processing beyond what is reasonably needed for customary use on-site and for customary use for fuel for vehicles
based based on-site. This specifically includes storage or processing of substances intended to be sold or re-sold for use off-site. Bulk Recyclinq Center. Definition: A use involving
the bulk commercial collection, separation and/or processing of types of waste materials found in the typical household for some productive reuse, but which does not involve the actual
processing or recycling of hazardous or toxic substances, and which does not primarily involve the processing of non-recycled solid waste, unless the use also meets the applicable requirements
for a solid waste transfer facility. This definition shall not include a "junkyard." Carhvav. Definition: The paved portion of a street designed for vehicular traffic and on-street parking,
but not including the shoulder of the street. Cemetery. Definition: Land or buildings used for the burial of deceased humans, but not animals. The internment or scattering of remains
of properly cremated humans is not regulated by this ordinance. Commercial Communications Antennae or Tower. Definition: A structure, partially or wholly exterior to a building, used
for transmitting or retransmitting electronic signals. Commercial communications towers include, but are not limited to, antenna used for transmitting commercial radio or television
signals or cellular telephone communications, but shall not include a "household antenna." Definitions; Additional Requirements Page 2-7
Use Standards: a. If freestanding, shall be setback a minimum distance equal to half of its height from all lot lines and existing street right-of-way lines. b. Such freestanding antennae
with a height greater than 60 feet above the natural ground level shall not be located in a residential district unless the applicant proves to the satisfaction of the Zoning Hearing
Board that no other appropriate sites in other Districts are available within the Borough, especially space on existing towers. c. The base of a freestanding antennae shall be surrounded
by a secure fence with a minimum height of 8 feet. d. Any freestanding antennae higher than 60 feet that is within 100 feet of a public street or dwelling shall be surrounded (except
at the driveway crossing) by evergreen screening or presewed woods meeting the requirements of Section 803. Commercial District. Definition: The TC1, TC2, PC and GC Zoning Districts.
Commercial Outdoor Recreation. Definition: An use that a) has a total building coverage of less than 15%, b) is used principally for active or passive recreation (such as a driving range)
and c) is used for a profit-making purpose. Commercial Use. Definition: Includes retail sales, offices, personal services, auto sales, auto repair garages and other uses of a similar
nature. The sale of goods or services from a vehicle on a lot shall also be considered to be a commercial use. Commission. Definition: The Planning Commission of the Borough of Mercersburg.
Community Center. A noncommercial use that exists solely to provide leisure and educational activities and programs to the general public or certain age groups. The use also may include
the noncommercial preparation and/or provision of meals. This shall not include residential uses or a "treatment center." Definition: Comprehensive Plan. Definition: The document entitled
the Mercersburq Borouqh Comprehensive &, or any part thereof, adopted by the Borough Council, as amended. Convenience Store. Definition: A use that primarily sells routine household
goods, groceries and prepared ready-toeat foods to the general public, but that is not primarily a restaurant, and that includes a building with a floor area of less than 4,000 square
feet. This use may also include the accessory sale of gasoline, provided the requirements for an "auto service station'' are also met. County. Definition: The County of Franklin, Commonwealth
of Pennsylvania. Crop Farminq Definition: The cultivating, raising and harvesting of products of the soil and the storage of these products produced on the premises. The definition of
crop farming shall also include orchards and Christmas tree farms, but shall not include animal husbandry, commercial forestry, riding academies or kennels. If a crop farming lot includes
more than 15 acres, it may also include the keeping of up to 10 additional animals as a permitted accessory use, in addition to what is permitted under the "keeping of pets". Cultural
Center. Definition: A building and/or land open to the public which primarily contains exhibits exhibits of clearly artistic or cultural interest, such as a museum, library, art gallery
or indoor nature study area. This shall not include uses that are primarily commercial in nature. I I ' I I Definitions; Additional Requirements Page 2-8 l i
;I I 1 Curative Amendment. Definition: A proposed zoning amendment made to the Borough Council by any landowner who desires to challenge on substantive grounds the validity of an ordinance
which prohibits or restricts the use or development of land in which they have an interest. Day Care, Child. Definition: A use involving the supervised care of children under age 16
outside of the children's own home primarily for periods of less than 18 hours during the average day. This use may also include educational programs that are supplementary to State-required
education, including a "nursery school." The following three types of day care are permitted without regulation by this Ordinance: 1) care of children by their own relatives, 2) care
of children within a place of worship during regularly scheduled weekly religious services and 3) care of 1 to 3 children within any dwelling unit, in addition to children who are relatives
of the care giver. See also the definition of "adult day care center." a. Child Day Care Center, as an Accessory Use. Definition: A type of "day care" use that provides care for 6 or
fewer children at one time who are not relatives of the care giver. See Section 403. Use Standards: 1) A maximum number of 6 children under age 15 who are not related to a permanent
resident of the dwelling may be cared for in any dwelling unit. 2) The dwelling shall retain a residential appearance with no change to the exterior of the dwelling to accommodate the
use, other than cosmetic improvements. 3) Any day care center involving 7 or more children shall be considered a principal use and meet the standards for such use, if permitted. 4) The
use shall be actively operated by a permanent resident of the dwelling. b. Child Dav Care Center, as a Principal Use. Definition: A type of "day care" use that provides care for 7 or
more children at any one time who are not relatives of the primary operator. See Section 402. A day care center is also permitted as an accessory use of a business under Section 306.E.
Use Standards: 1) See also day care center as an accessory use, as described above. 2) Shall include adequate measures to ensure the safety of children from lraffic or other nearby hazards.
This shall include a secure fence around any outdoor areas abutting streets that are routinely used for outdoor play. 3) In residential districts, any permitted day care center shall
maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood. 4) A day care center may occur in a building that also includes permitted
or non-conforming dwelling units. 5) See also the standards for a "Place of Worship" in this Section, which allows a day care center as an accessory use. See also Section 306.D. which
allows day care centers limited to employees of a business or institution. Density. Definition: The total number of dwelling unjts proposed on a lot divided by the "lot area", unless
othewise stated. D.E.R. (or "DER"). Definition: Shall mean the Pennsylvania Department of Environmental Environmental Resources, or its successor, and its relevant subparts. Definitions;
Additional Requirements Page 2-9
Detached build in^. Definition: A building that is surrounded on all sides by open yards and that is not attached to any other building. Distribution. Definition: The processing of materials
so as to sort out which finished goods are to be transported to different locations, and the loading and unloading of such goods. This use usually involves inventory control, material
handling, order administration and packaging. This term shall not include a "trucking company terminal." District (or Zonins District). Definition: A land area within the Borough within
which certain uniform regulations and requirements apply under the provisions of this Ordinance. Dormitorv. Definition: A principal or accessory building that includes residential areas
occupied exclusively by faculty or students of an accredited college or university or State licensed teaching hospital or accredited public or private primary or secondary school. Drivewav.
Definition: A privately owned, constructed, and maintained vehicular access from a street or access drive to only 1 dwelling unit, commercial unit, institutional or industrial principal
use. Dwellins. Definition: A building used as non-transient living quarters, but not including a boarding house, hotel, motel, hospital, nursing home or dormitory. See also definition
of "Dwelling Unit." a. Conversion Apartment. Definition: A new dwelling unit created within an existing building and where permitted by Article 111 and meeting the floor area requirements
of a dwelling unit. Use Standards: 1) The building shall maintain the appearance of a single family detached dwelling, with a single front entrance. Additional entrances may be placed
on the side or rear of the building, and/or the two dwelling units shall share a single entrance. 2) Separate cooking, sleeping and sanitary facilities shall be provided for each dwelling
unit. 3) One of the dwelling units shall be owner-occupied or occupied by a "relative" of the owner for a minimum of 24 months following the conversion. 4) The dwelling as it preexists
shall have a minimum floor area of 1,600 square feet. The principal dwelling unit shall retain a minimum floor area of 800 square feet, and the accessory dwelling unit shall have a minimum
floor area of 600 square feet. 5) The lot may contain a maximum of 2 dwelling units. b. Apartments. Definition: Three or more dwelling units within a building that are separated by only
horizontal floors or by a combination of horizontal floors and vertical walls (see definition of townhouses). The individual dwelling units may be leased or sold for condominium ownership.
Use Standards: 1) Building Separation -Each principal building shall be separated by a minimum of 20 feet from any other principal building on the same lot. 2) Additional Requirements:
For Construction of Private Streets -See Section 801. For preservation of natural buffers -See Section 803.D. For dumpster screening -See Section 513. 3) Paved Area Setback -All off-street
parking spaces, except spaces on driveways immediately in front of carport or garage entrance, shall be setback a minimum of 10 feet from any dwelling. Definitions; Additional Requirements
Page 2-10
4) Common Open Space -If an apartment development includes more than 20 dwelling units, then a minimum of 8 percent of the total lot area shall be set aside for recreation use of the
residents and/or the public. 5) Utilities -Both public sewage and public water service shall be provided to each dwelling unit. AI1 utilities within the development, including cable
television where available, shall be placed underground, unless the applicant proves to the satisfaction of the zoning officer that underground placement is impractical. c. Sinqle Famib
Detached Dwellins. Definition: One dwelling unit in 1 building accommodating only 1 family and having open areas on all sides. 1) Mobile/Manufactured Home. Definition: A type of single
family detached dwelljng that meets all of the following requirements: a) was built to be transportable, b) is designed for permanent occupancy, c) includes one substantial piece or
two substantial pieces (in addition to minor added structures and components) that are designed to be joined into one integral unit, d) which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations, e) is constructed so that it may be used with or without a permanent foundation, f) is not a "Recreation
Vehicle," and g) includes a minimum of 300 square feet of interior floor space. The terms "mobile home" and "manufactured home" have the same meaning for the purposes of this Ordinance.
See the different definition for t'Sectional home." Use Standards: a) Construction. Shall be constructed in accordance with the Safety and Construction Standards of the US. Department
of Housing and Urban Development. These standards supersede the BOCA Code for the actual construction of the unit itself. b) Shall have a site graded to provide a level, stable and welldrained
area. c) Shall have the hitch mechanism removed. The axle and wheels shall be removed and/or made not visible. d) Foundation. Shall be securely attached to the ground in such as way
as to prevent overturning, shifting or uneven settling of the home. This shall involve the following method, unless the applicant proves to the satisfaction of the Zoning Officer that
another method will be used that a) is recommended by the manufacturer of the home or by the manufacturing housing industry or b) is specified by the BOCA codes: 1. The foundation system
shall consist of 10 inch diameter concrete piers, concrete footing perpendicular to the main longitudinal frame, or equivalent and shall be installed from ground ievel to below the frost
line (36 inches minimum). This foundation system shall be placed on 8 feet centers (or another distance specified by the manufacturer) along each of the iwo main longitudinal frames
for each section of the home with no more than 3 feet overhang at each end of the section. 2. One-half inch diameter by 12 inch long eyebolts, u-shaped bars or equivalent metal bars
shall be cast in pface at each comer and at two midpoints in the concrete piers, concrete footing, slab or equivalent foundation. Concrete blocks shall be used to support the home on
the foundation system and wood shims may be used for final leveling. The concrete support blocks shall not be wider than the support foundation. 3. The mobile/manufactured home shall
be securely anchored or tied down with cable and turn buckles or equivalent connecting the frame to the cast in place eyebolts on at least 4 comers and two midpoints. The tiedown shall
also be in accordance with the manufacturers' recommendations furnished with each home. 4. Mobile homes shall not be placed more than 4 feet above the supporting ground area. e) Skirting.
Shall be enclosed from the bottom of the home to the ground or stand using industry-approved skirting material compatible with the home. Definitions; Additional Requirements Page 2-1
1
f) Shall have a pitched instead of a flat roof. g) Should be located with the longest side facing the public street. e. Sinsle Family Semi-Detached Dwellinq. Definition: One dwelling
unit accommodating 1 family that is attached to only 1 additional dwelling unit. This use is commonly known as one-half of a duplex or one-half of a "twin home." Each unit may or may
not be on a separate lot. f. Townhouse. Definition: One dwelling unit that is attached to 2 or more dwelling units, and with each dwelling unit being completely separated from and attached
to each other by unpierced vertical fire resistant walls. Townhouses are also commonly referred to as "row houses" or "single family attached dwellings." Use Standards: 1) Each dwelling
unit shall have its own outside access. Side yards shall be adjacent to each end unit. 2) Building Separation -Each principal building shall be separated by a minimum of 20 feet from
any other principal building on the same lot. 3) Minimum Private Area. a) For each townhouse that is not located on a fee simple lot of 1,000 square feet or more, there shall be a yard,
balcony, patio or other outdoor area other than a driveway immediately adjacent to the front, back or side of each dwelling of not less than 200 square feet for the exclusive use of
the occupants of that dwelling. b) Design measures shall be used to seek an appropriate level of privacy in any rear yards. Such measurements might include landscaped screening, compatible
fencing or earth berming. The intent is to avoid the placement of inconsistent fencing by individual lot. 4) Additional Requirements: For Construction of Private Streets -See Section
801. For preservation of natural buffers -See Section 803.D. For dumpster screening -See Section 513. 5) Paved Area Setback -All off-street parking spaces, except spaces on driveways
immediately in front of carport or garage entrance, shall be setback a minimum of 10 feet from any dwelling. 6) Common Open Space -If a townhouse development includes more than 20 dwelling
units, then a minimum of 8 percent of the total lot area shall be set aside for recreation use of the residents and/or the public. 7) Utilities -Both public sewage and public water service
shall be provided to each dwelling unit. All utilities within the development, including cable television, shall be placed underground, unless the applicant proves to the satisfaction
of the zoning officer that underground placement is impractical. Dwellins Unit. Definition: A single habitable living unit occupied by only one "family." See definition of "family."
Use Standards: a. Each dwelling unit shall have: a) its own toilet, bath or shower, sink, sleeping and cooking facilities and b) separate access to the outside or to a common hallway
or balcony that connects to outside access at ground level. No dwelling unit shall include a separate living area that is completely separated by interior walls so as to prevent interior
access from the remainder of the living area. b. Each dwelling unit shall include a minimum of 600 square feet of habitable, indoor, heated floor area, except for apartment units which
are permanently limited to either persons over age 60 or the physically handicapped in which case the minimum floor area shall be 450 square feet. Definitions; Additional Requirements
Page 2-12 1 1 I 8
1 I l I Easement. Definition: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of the owner's property. Ememencv Services
Station. Definition: A building for the housing of fire, emergency medical or police equipment and for related activities. A Membership Club may be included if it is a permitted use
in that District. This may include housing for emergency personnel while oncall. Emplovees. Definition: The highest number of workers (including both part-time and full-time, both compensated
and volunteer and both employees and contractors) present on a lot at any one time, other than clearly temporary and occasional persons working on physical improvements to the site.
Essential Services. Definition: Utility or municipal uses that are necessary for the preservation of the public health and safety and that are routine, customary and appropriate to the
character of the area in which they are to be located. See standards in Section 306. Essential services shall not include a central sewage treatment plant, a solid waste disposal area
or facility, commercial communications towers, a power generating station, septic or sludge disposal, offices, storage of trucks or equipment or bulk storage of materials. Use Standards:
a. Essential Services -Not Required to Meet Lot Requirements. The following are "Essential Services" that are permitted by right as a principal or as an accessory use in all districts.
The following essential services are not required to meet the accessory or principal setback, lot area or other lot requirements of this Ordinance, except that any newly created lot
shall meet the applicable lot requirements if future building or subdivision of the lot would reasonably be possible for a different use. 1) Oil pipelines and natural gas transmission
and distribution lines and accessory compressing stations. 2) Electrical transformers as an accessory use to dwellings. 3) Electrical, telephone and street light poles. 4) Electrical
transmission and and distribution lines and meters. 5) Wells, water transmission lines, cisterns and meters. 6) Sewage pumping stations, but not including a central sewage treatment
plant, provided that such use be setback a minimum of 60 feet from any dwelling or any residential lot line. 7) Cable television and telephone lines. 8) Storm water pipes, outfalls,
detention basins, swales and catch basins. 9) Shelters and benches for buses that transport school children or that are owned, operated or financed by a public transit authority, and
that do not include off-premise signs. 10) U.S. mailboxes. 11) 12) Railroad lines. 13) 14) 15) SidewaIks and curbs. 16) Residential driveways. 17) Ramps primarily intended for handicapped
access. 18) Steps leading
into the entrance of a building. 19) Construction. Temporary storage of vehicles, roll-off dumpsters, materials and/or constructjon office bailers that are clearly needed and being
actively used for current construction or renovation work on the same or an adjacent lot or within the same subdivision, provided such items are removed from the site within 20 days
of completion of the portion of the construction that they relate to. Construction vehicles and materials Boxes for receiving individual newspapers. Fire hydrants and emergency callboxes.
Engineered retaining walls that are clearly necessary to hold back slopes. Definitions; Additional Requirements Page 2-13
p.. shall only be stored outdoors on a lot while the related Borough construction permit is actively still in effect. b. Essential Services -Required to Meet Lot Requirements. The following
are permitted by right essential services in all districts and are required (except within Section 106) to meet all of the applicable requirements of this Ordinance: 1) Electrical substations
and bulk industrial or commercial transformers that are not an accessory use to dwellings. Electric substations involving outdoor structures at least 10 feet in height shall be required
to provide evergreen screening within the requirements of Section 803 on sides that are within 200 feet of a "residential lot line" or an expressway or an arterial street. 2) Water towers
(see height exemptjon jn Section 308), water filtration plants and pressure stations. 3) Emergency and other electrical generators and compressors. 4) Solid waste bulk dumpsters and
bulk compactors. 5) Telephone switching stations. 6) Industrial or commercial central air conditioning equipment. 7) Central sewage treatment facility meeting all PA. DER and Borough
regulations Exercise Club. Definition: A facility that offers indoor or outdoor recreational facilities, such as the following: weight rooms, exercise equipment, non-household pool and
racquetball courts. Familv. Definition: One or more persons living in a single dwelling unit and functioning as a common household unit. A family shall not include more than 4 persons
who are not related to each other by blood, marriage, adoption or formal foster relationship. Fence. Definition: A man-made barrier placed or arranged as a line of demarcation, an enclosure
or a visual barrier. Man-made barriers constructed principally of masonry, concrete, cinder block or similar materials shall be considered a "wall." The term "wall" does not include
engineering retaining walls, which are permitted uses as needed in all Districts. The terms "fence" and "wall" do not include hedges, trees or shrubs. Use Standards: a. b. C. d. Fences
and walls are permitted by right in ali Districts. Any fence or wall shall be durably constructed and well-maintained. Fences that have deteriorated shall be replaced or removed. A zoning
permit is required for all fences and walls other than seasonal temporary snow fences and temporary fences around active construction sites. Such temporary fences may have a maximum
height of 8 feet in a residential district. Sight Distance, Stormwater and Easements. No fence, wall or hedge shall obstruct the sight distance requirements of Section 803.C., nor obstruct
safe sight distance within an alley. No fence or wall shall obstruct the flow of stormwater, except as part of a Borough-approved stormwater system. No fence, wall or continuous hedge
shalt be constructed within an easement in such a way that it would prevent use of the easement for its intended purpose. Setbacks. No fence or wall shall be built within the existing
right-of-way of a street. A fence or wall may be constructed on a lot line, except: 1) a fence fence or wall of a non-residential use shall be setback a minimum of 3 feet from any abutting
lot line of a "residential lot line" and 2) no fence or wall shall be located within the paved area setback required under Section 603. 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. Definitions; Additional Requirements
Page 2-14 I Il
Financial Institution. Definition: An establishment primarily involved with loans and monetary, not material, transactions and that has routine interactions with the public. Flood~lain
(100-Year). Regulations." See definitions in Section ' 515 of this Ordinance entitled "Floodplain Floor Area or Total Floor Area. Definition: The gross horizontal floor space within
a building(s) measured from the exterior faces of exterior walls or from the centerlines of walls separating buildings. Floor area shall specifically include, but not be limited to:
a) fully enclosed porches and b) basement or cellar or attic space that is potentially habitable and has a minimum head clearance of at least 6.5 feet, Floor area specifically shall
not include unenclosed porches, decks or breezeways. Garaqe, Private or Household. Definition: An enclosed building for the storage of 1 or more motor vehicles. Use Standards: a. No
business, occupation or service shall be conducted in a private garage that is accessory to a dwelling, except as may be allowed as a home occupation. The rental to a person who does
not reside on the property of storage space that would accommodate 4 or more cars or for commercial purposes shall be regulated as a business use. Garaae Sale. Definition: The accessory
use of any lot for the occasional sale or auction of only common household goods and furniture and items of a closely similar character. See Section 403. Use Standards: a. A garage sale
shall not include wholesale sales, nor sale of new merchandise of a type typically found in retail stores. b. No garage sales shall be held on a lot during more than 4 days total in
any 3 consecutive months. c. The use shall be clearly accessory to the principal use. Glare. Definition: A sensation of brightness within the visual field which causes annoyance, discomfort
or loss in visual performance, visibility and/or ability to focus. Group Home. Definition: The use of any lawful dwelling unit which meets gJJ of the following criteria: a. Involves
persons functioning as a common household. b. Involves providing non-routine support services and oversight to persons who need such assistance to avoid being placed within an institution,
because of physical disability, old age, mental retardation or other "handicap0* as defined by applicable Federal law. c. Does not meet the definition of a "treatment center." d. Does
not involve the housing or treatment of persons who could reasonably be considered a threat to the physical safety of others. * NOTE: As of 1992, the Federal Fair Housing Act defined
"handicap" as follows: "1) a physical or mental impairment which substantially limits one or more of such person's major life activities, 2) a record of having such an impairment, or
3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined in Section 802 of Title 21."
Definitions; Additional Requirements Page 2-15
Use Standards: a. Supervision. There shall be adequate supervision as needed by an adequate number of person(s) trained in the field for which the group home is intended. b. Certification.
The use shall be licensed or certified under an applicable State, County or Federal program for group housing, if applicable. c. Registration. The group home shall register its location,
general type of treatmentkare, maximum number of residents and sponsoring agency with the Borough. Such information shall be available for public review upon request. d. The use shall
not meet the definition in Article I1 of a "treatment center." e. Appearance. If the group home is within a residential district, the building shall be maintained and/or constructed
to ensure that it is closely similar in appearance, condition and character to the other residential structures in the area. The following maximum number of persons shall reside in a
group home, includinq the maximum number of employees and care providers routinely in the group home at any point in time: 1) Single Family Detached Dwelling with minimum lot area of
12,000 square feet and minimum building setbacks from all "residential lot lines" of 10 feet: 6 total persons. 2) Single Family Detached Dwelling with minimum lot area of 25,000 square
feet and minimum building setbacks from all "residential lot lines'' of 20 feet: 8 total persons. 3) Any other lawful dwelling unit: 5 total persons. f. Heicrht. Definition: The vertical
distance measured from the average elevation of the average proposed ground level along the front of the building to the highest point of a structure. For a building with a roof, such
height shall be measured to the highest point of the structural roof. See Article 111, Section 308. For height of signs, see Article VI1 entitled "Signs." Home Occupation. Definition:
A routine, accessory and customaly non-residential use conducted within or administered from a portion of a dwelling or its permitted accessory building that: a. is conducted primarily
by a permanent resident of the dwelling; b. only include uses that are clearly incidental and secondary to the principal residential use; c. does not include any retail or wholesale
sales on the premises (other than over the phone and through the mail or routine occasional ancillary sale of items such as crafts that were manufactured on the premises) nor any industrial
use (other than custom crafts and sewing); Use Standards: a. b. C. d. e. f. 9. The burden of proof shall be upon the applicant to prove that the standards of this Section will be met,
especially regarding possible nuisances and truck traffic. The total amount of floor area of all buildings used for a home occupation shall not be greater than 25% of the total floor
area of the principal dwelling unit. There shall be no outdoors operations or outdoors storage of materials, products or equipment. Truck Traffic -The use shall not require the parking
or servicing by a vehicle with more than 1 ton loading capacity, except for deliveries a maximum of two times per day. The use shall not involve the parking of more than 2 trucks of
any type on the lot or on adjacent streets at any period of time. The use shall not need servicing by, deliveries by or parking of tractor-trailer trucks. Uses permitted as a home occupation
include but are not limited to: art studio, office, custom sewing, tax preparation or musical instruction. The following uses shall not be permitted as a home occupation: veterinarian
office, stable, kennel, funeral home, retail store, restaurant, auto repair or trucking company terminal. Nuisances. No machinely or equipment shall be permitted that produces noise,
noxious odor, vibration, glare, electrical interference or radio or electromagnetic interference beyond the boundary of the property. Only general types and sizes of machinery that are
typically found in dwellings for hobby or domestic purposes shall be permitted. No use shall generate noise or glare in excess of Definitions; Additional Requirements Page 2-1 6
I 1 R c I B h. 1. j. k. 1. m. n. what is typical in a residential neighborhood. Parking and Loading -In any case, a home occupation shall include an absolute minimum of 1 off-street
parking space (which may include a space for the dwelling). The Zoning Officer shall require a total of 3 off-street parking spaces if the use is intended to have patrons or visitors
routinely on the property, unless the applicant proves that there is sufficient on-street parking. Building Appearance -The exterior of the building and the lot shall not be changed
in such a way as to decrease its residential appearance, except for permitted parking spaces and the permitted sign. Hours -A home occupation shall not be conducted in a way that is
perceptible from beyond the lot line between the hours of 9:00 p.m. and 7:30 a.m. This time limit shall also apply to any loading or unloading of vehicles on the property or on a street
that causes noise to adjoining residents. Number of Employees -A total maximum of 1 person shall work on the premises who is not a permanent resident of the dwelling. Instruction -Any
instruction or tutoring shall be limited to a maximum of 3 students on the property at any one time and 8 students on the property on any day. If the home occupation involves permitted
work on a vehicle(s) (such as installation of accessories), such vehicle(s) shall not be parked on the lot or on abutting streets overnight. Signs -See Article 7. Hospital. Definition:
A use involving the diagnosis, treatment or other medical or hospice care of humans that includes, but is not limited to, care requiring stays overnight. A medical care use that does
not involve stays overnight shall be considered a "Medical Office or Clinic." Hotel or Motel. Definition: A building or buildings including rooms rented out to persons as clearly transient
and temporary living quarters. Any such use that customarily involves the housing of persons for periods of time longer than 30 days shall be considered a %oarding house" and shall meet
the requirements of that use. See also "bed and breakfast" use. A hotel or motel may include a restaurant, nightclub, newsstand or tavern, provided that such uses are clearly accessory
to the principal use of overnight accommodations. Household Antenna. Definition: A device exterior to a building that is used for receiving and/or transmitting electronic signals or
short-wave or citizens band radio frequencies, and that does not meet the definition of a "Commercial Communications Antennae." This includes any accessory supporting structures. This
term includes satellite dish antennaes used to receive broadcasts. Use Standards: a. Height. No household antenna, including its supporting structure, shall have a total height above
the average surrounding ground level of greater than 75 feet. b. Anchoring. Any household antenna shall be properly mounted to resist high winds. c. A household antenna shall be a permitted
by right accessory use in all Districts for all uses. d. Location and Number of Satellite Dish Antennae. 1) In a residential district, a satellite dish antenna shall not be located within
the required front yard. 2) A satellite dish antenna shall comply with the accessory setback requirements of the applicable district. 3) A satellite antenna of more than 3 feet diameter
shall not be roof-mounted on a dwelling in a residential district. 4) A maximum of 1 satellite dish antenna shall be permitted on any residential lot in a residential district. Definitions;
Additional Requirements Page 2-1 7
e. Size and Height. A ground-mounted satellite dish antenna shall have a maximum diameter of 9 feet and a maximum total height of 14 feet in a residential district if visible from a
public street or a dwelling. No maximum shall apply within other districts. Screening. Any satellite dish antenna in a residential district that is ground-mounted and visible from a
public street shall be screened by appropriate evergreen plantings with a minimum height of 3 feet between the antenna and any public street, unless the applicant proves to the satisfaction
of the Zoning Officer that screening in such a location would make it impossible to receive the electronic signals. f. Impervious Coveraae. Definition: The total area of all "impervious
surfaces" on a lot (including building coverage) divided by the total lot area. Areas being voluntarily dedicated as common open space may be included in the total lot area for determining
impervious coverage of an adjoining lot. Impervious Surface. Definition: Area covered by roofs, concrete, asphalt or other man-made cover which has a coefficient of runoff of 0.7 or
higher. In case of dispute, the Borough Engineer shall decide any dispute over whether an area is "impervious." Industrial District. Definition: The I District. Industrial Use. Definition:
Includes manufacturing, distribution, warehousing and other operations of an industrial and not primarily of a commercial, institutional or residential nature. Junk. Definition: Any
discarded, unusable, scrap or abandoned man-made or man-processed material or articles, such as the following types: metal, furniture, appliances, motor vehicle parts, aircraft, glass,
plastics, machinery, equipment, containers and building materials. Junk shall not include: a) solid waste that is temporarily stored as is customary in an appropriate container that
is routinely awaiting collection and disposed of in a manner consistent with State regulations, b) toxic wastes, c) grass clippings, leaves or tree limbs, or d) items clearly awaiting
imminent recycling at an approved recycling use. Junk Vehicle. Definition: Includes any vehicle or trailer that meets any of the following conditions: a. does not display a license plate
with a current registration sticker and does not have a valid State safety inspection sticker (except for licensed antique cars not required to have an inspection sticker), (licenses
or inspection stickers that expired less than 90 days ago shall be considered current for the purposes of this Section), b. has been demolished beyond repair, c. has been separated from
its axles, engine, body or chassis, and/or d. includes onfy the axJe, engine, body parts and/or chassis, separated from the remainder of the vehicle. Ju n kva rd . Definition: a. Land
or a structure used for the collection, storage, dismantling, processing and/or sale, other than within a completely enclosed building, of material of 1 or more of the following types:
1) "Junk." (see definition). 2) A greater number of junk vehicles than is permitted under Section 604 that are are partly or fully visible from an exterior lot line, dwelling and/or
public street. This shall not apply to such vehicles allowed to be stored within the specific requirements of an auto repair garage or auto service station. 3) One or more mobile/manufactured
homes that are not in a habitable condition. b. Junk stored within a completely enclosed building for business purposes shall be considered a warehouse and shall be regulated as a warehouse.
Definitions; Additional Requirements Page 2-1 8
1 f iI 'l ; Use Standards: a. b. C. d. e. f. 9. h. i. Storage of garbage or biodegradable material is prohibited, other than what is customarily generated on-site and routinely awaiting
pick-up. Outdoor storage of junk shall be at least: a) 80 feet from any residential lot line and b) 40 feet from any other lot line and the existing right-of-way of any public street.
The site shall contain a minimum of 2 exterior points of access, each of which is not less than 20 feet in width. One of these accesses may be limited to emergency vehicles. Cleared
driveways shall be provided throughout the entire use to allow access by emergency vehicles. Adequate off-street parking areas shall be provided for customers. Outdoor storage shall
be completely enclosed (except at approved driveway entrances) by a 40 foot wide buffer yard which complies with Section 803, unless such storage is not visible from an exterior lot
line or street. The initial height of the evergreen planting shall be 6 feet. Secure wood or chain link fencing with a minimum height of 8 feet shall be provided and well-maintained
around all outdoor storage areas, Such fencing shall be provided inside of the evergreen screening. Burning or incineration of vehicles or junk is prohibited. See the noise and dust
regulations of Article V. All gasoline and oil shall be drained from all vehicles and properly disposed of. All batteries shall be removed from vehicles and properly stored in a suitable
area on an impervious, properly drained surface. Lot area -3 acres minimum; 20 acres maximum. Tires -see the "Outdoor Storage and Display" standards in Section 403. Kennel. Definition:
The keeping of a greater number of dogs or cats on a lot or within a dwelling unit beyond that number permitted under the "Keeping of Pets" or the "Crop Farming" provisions of this Ordinance.
A non-profit animal shelter is a type of kennel. Use Standards: a. All buildings in which animals are housed and all runs shall be located at least 150 feet from all "residential lot
lines" and 30 feet feet from all other lot fines. b. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any adjacent
dwelling. c. No animal shall be permitted to use outdoor runs from 8 p.m. to 8 a.m. that are within 300 feet of an existing dwelling. Runs for dogs shall be separated from each other
by visual barriers a minimum of 4 feet in height, to minimize dog barking. d. See State law regulating kennels. e. A kennel may be used for breeding. f. Minimum lot area -2 acres. g.
An evergreen screen meeting the requirements of Section 803 shall be required between any outdoor animal runs and any abutting "residential lot line." Landowner. Definition: The owner
of a legal or equitable interest in land, including the holder of a written, signed and active option or contract to purchase or a person leasing the property (if authorized under the
lease to exercise the right of the landowner and if such lease is for a remaining period of at least 12 months), or authorized officers of a partnership or corporation that is a "landowner"
or other person having a proprietary interest in land. A person who has clearly received formal notarized powers of attorney relating to a landowner may act in the capacity of the landowner,
if legally authorized. Librarv. Definition: See "Cultuml Center." Definitions; Additional Requirements Page 2-1 9
Livestock, Raisinq of. Definition: The raising and keeping of livestock, poultry or insects for any commercial purposes or the keeping of any animals for any reason beyond what is allowed
under the "Keeping of Pets" section of this article and beyond what is allowed within the definition of "crop farming." For the purposes of this Ordinance, the "keeping of livestock"
shall have the same meaning as "animal husbandly." The raising of livestock shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter. Use
Standards: a. Minimum lot area -7 acres. b. Any newly developed indoor area used for the keeping of animals or indoor or outdoor manure storage areas or feeding areas that are part of
a raising of livestock use shall be located a minimum of 250 feet from the following: "residential lot lines" (except the dwelling of the operator of the livestock use) and lot lines
of existing restaurants and existing office uses, and a minimum of 100 feet from all other exterior lot lines. c. Any additions to an existing indoor area used for the raising of livestock
or indoor or outdoor manure storage areas or feeding areas that are part of raising of livestock use shall be located a minimum of 200 feet from the lot lines of existing dwellings (except
the dwelling of the operator of the livestock use) and undeveloped residentially zoned lots. d. Any area used for the keeping of animals as part of a raising of livestock use that is
not regulated by the standards b. and c. above shall be separated by a fence or wall and setback 50 feet from any lot line of an existing dwelling or an undeveloped residentially zoned
lot. e. The keeping of minks or garbage-fed pigs shall be setback a minimum of 300 feet from all lot lines. -Lot. Definition: A separate parcel of land that is recorded or that will
be recorded after Borough final subdivision approval in the office of the County Recorder of Deeds. A parcel under common ownership that is completely separated into two parts by a public
street shall be considered to be one tract but two lots. Lot Area. Definition: The horizontal land area contained within the lot lines of a lot (measured in acres or square feet), but
excluding the following: a. Areas within the "existing" legal rights-of-way of any proposed or existing public streets or alleys, based upon such width after the development is completed,
b. Areas that are currently or will be required to be dedicated as common open space, or c. Areas within rights-of-way intended for overhead electrical lines of 35 kilovolts or higher
capacity, which shall only be excluded for residential lots. Lot. Comer. Definition: A lot abutting on 2 or more intersecting streets which has an interior angle of less than 135 degrees
at the intersection of right-of-way lines of two streets. A lot abutting upon a curved street or streets shall be considered a "comer lot" if the tangent to the curve at the points beginning
within the lot or at the points of intersection of the side lot lines with the street lines intersect at an angle of less than 135 degrees. Lot Depth. Definition: The average horizontal
distance between the front and the rear lot lines, measured through the approximate center of the lot. Lot Lines. Definition: The property lines bounding the lot. Wherever a property
line borders a public street, the lot line shall be considered to be the existing street right-of-way. See definition of yards. Definitions; Additional Requirements Page 2-20
Lot Width. Definition: The horizontal distance between the side lot lines measured at the minimum prescribed front yard setback line, unless otherwise stated. In the event of a curved
lot line, the lot width shall be measured using a straight line from end to end. Manufacture. Definition: The making, with substantial use of machinery, of some product for sale, and/or
associated assembly, fabrication, cleaning, testing, processing, recycling, packaging, conversion, production, distribution and repair, with substantial use of machinery, of products
for sale. This term shall not include the following: retail sales, personal services, solid waste disposal facility or trucking company terminal. Massase Parlor. Definition: An establishment
that meets all of the following criteria: a. Manipulative exercises are performed on 1 person by another person who is not a "relativet' and that is related to some form of valuable
compensation. b. The person conducting the massage is not licensed as a health care professional professional or a licensed massage therapist by the State. c. The massages are not conducted
within a licensed hospital, nursing home, personal care center or office of a medical doctor or chiropractor. d. The massages are conducted within private or semi-private rooms. e. The
use is not clearly a customary and incidental accessory use to a permitted exercise club or to a high school or college athletic program. Use Standards: The standards for an "adult use''
shall apply. Medical Office or Clinic. Definition: A use involving the treatment and examination of patients by State-licensed physicians or dentists, provided that no patients shall
be kept overnight on the premises. This use may involve the testing of tissue, blood or other human materials for medical or dental purposes. Membershiu Club. Definition: An area of
land or building used by a recreational, civic, social, fraternal, religious, political or labor union association of persons for meetings and routine socializing and recreation that
are limited to members and their occasional guests, and persons specifically invited to special celebrations, but which is not routinely open to members of the general public and which
is not primarily operated as a for-profit business. Use Standards: The club shall involve a meaningful and substantial membership system, as opposed to a token system. This use shall
not include a target range for outdoor shooting, boarding house, a tavern, a restaurant or an auditorium unless that particular use is permitted in that District and the requirements
of that use are met. Mobilehlanufactured Home. See under "Dwelling Types." Mobile/Manufactured Home Park. Definition: A parcel of land under single ownership which has been planned and
improved for the placement of 2 or more mobile/manufactured homes for non-transient residential use. The individual manufactured homes may be individually owned. A development of mobile/manufactured
homes that is subdivided into individual lots shall be regulated in the same manner,as a subdivision of site-built Definitions; Additional Requirements Page 2-21
homes, and shall not be considered to be a "mobile home park." Use Standards: I a. b. I C. I d. e. f. 9. h. i. j. k. 1. m. In no case shall the maximum average density of a mobile home
exceed a total of more than 5 dwelling units per
acre. This density shall be determined by dividing the total proposed number of dwelling units by the total lot area of the mobile home park. An evergreen buffer yard meeting the requirements
of Section 803 shall be provided by a mobile home park abutting any "residential lot line." A minimum avemq-e of 1 deciduous shade tree shall be planted and maintained per dwelling unit.
building within a mobile home park shall be placed within: 75 feet of a lotline of an existing single family detached or single family semidetached dwelling lot or undeveloped residentially
zoned land, and within 50 feet of any other exterior lot line of the mobile home park. From the cartways of streets within the mobile home park that serve 10 or more homes: 25 feet.
From the cartways of parking courts or streets within the mobile home park that serve less than 10 homes: 10 feet. The use shall comply with all of the provisions of the Subdivision
and Land Development Ordinance that apply to a land development, including the submission, approval and improvements provisions, other than specific provisions altered by this Section.
The placement of each mobile home unit shall require a building permit. Minimum tract size of 2 contiguous acres, which shall be under single ownership. Minimum separation between dwelling
units-20 feet, except that carports, awnings and unenclosed porches may be setback a minimum of 15 feet from another dwelling unit on the tract. Recreation Area. A minimum of 10 percent
of the total lot area of the mobile home park shall be permanently set aside for recreation use of the residents. Areas within 15 feet of any principal building, other than a recreation
building, shall not count towards the required open space. Each unit shall comply with the requirements for Mobile/Manufactured Homes, in Section 402. A mobile/manufactured home park
may include a recreation center for residents, a rentallmanagement office, maintenance buildings for the park, a swimming pool(s) and the sale of mobile/manufactured homes that will
be placed on the tract. A mobile home park shall not include the sale of homes for placement off the tract. In addition to the required parking per dwelling, an appropriate area shall
be set aside for the parking of recreational vehicles of residents and for overflow guest parking. The maximum height, building coverage and impervious coverage of the applicable zoning
district shall apply. All mobile home spaces shall be wired underground for cable television and telephone lines. -Motel. See "Hotel.'' Municipalities Planninq Code or State Planninq
Code. Definition: The Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988, and as may be further amended. Nature Presetve. Definition: A noncommercial
presexvation of land for providing wildlife habitats, forests or scenic natural features that involves no buildings other than a nature education and/or study center and customary maintenance
buildings. Nisht Club. Definition: A tavern or restaurant that has a primary or substantial portion of the total trade in the sale of alcoholic beverages, which frequently charges admission
or cover charges for entertainment or music for dancing and which has a capacity of more than 2% persons for such entertainment or dancing. I 3 1 I' I f 3 1 Il Definitions; Additional
Requirements Page 2-22 I
:' 6 'I- R Nonconformins Lot. Definition: A lot which does not conform with the minimum lot width or area dimensions specified for the district where such lot is situated, but was lawfully
in existence prior to the effective date of this Ordinance or is legally ,established through the granting of a variance by the Zoning Hearing Board, and which is not abutted by other
another nonconforming lot owned by the same owner. Nonconforminq Structure. Definition: A structure or part of a structure manifestly not designed to comply with the applicable lot area,
dimensional and other provisions in this Ordinance, as amended, where such structure lawfully existed prior to the enactment of such Ordinance or applicable amendment. Such nonconforming
structures include but are not limited to signs. Nonconforminq Use. Definition: A use, whether of land or of a structure, which does not comply with the applicable use provisions in
this Ordinance or amendments heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this Ordinance or applicable amendment. Nursinq Home.
Definition: A facility licensed by the State for the housing and intermediate or fully-skilled nursing care of 3 or more persons. Office. Definition: A use that involves administrative,
clerical, financial, governmental or professional operations and operations of a similar character. This use shall include neither retail nor industrial uses, but may include business
offices, medjcal or dental offices, clinics or laboratories and/or television or radio broadcasting studios. Official Map. Definition: Any Official Map that may be adopted or amended
by the Borough Council in accordance with the PA. Municipalities Planning Code. Official Street Classification MaD. Definition: The map as adopted by the Borough Council classifying
the streets of the Borough. See definition of "Street Classification." This map may be amended by resolution of the Borough Council. Official Zonins Map. Definition: The map as adopted
by the Borough Council which designates the location and boundaries of zoning districts. Open Space, Common. Definition: A parcel or parcels of land within a tract which is designed,
intended and suitable for active or passive recreation by residents of a development or the general public. Use Standards: a. if not intended to be publicly owned, is covered by a system
for perpetual maintenance, b. will be deeded to the Borough and/or deed restricted to permanently prevent uses of land other than "common open space" and noncommercial recreation and
c. does not use any of the following areas to meet minimum open space requirements: 1) existing or future street rights-of-way, 2) vehicle accessways, 3) buildings (other than accessory
buildings and pools clearly intended for noncommercial recreation), 4) off-street parking (other than that clearly intended for noncommercial recreation), 5) any area needed to meet
a requirement for an individual lot, 6) any area deeded over to an individual property owner for hisher own use or 7) land with rights-of-way intended eventually for overhead electrical
transmission of 35 kilovolts or greater capacity. Ordinance, This. Definition: The Mercersbum broush Zoninq Ordinance, including the Official Zoning Map and Official Street Classification
Map, as amended. Definitions; Additional Requirements Page 2-23
-PA. Definition : Pe nnsy Iva n ia . Parkins. Definition: Shall mean off-street parking and aisles for vehicles unless otherwise stated. Paved Area. Definition: All areas covered by
gravel and/or impervious surfaces, other than areas covered by buildings, bicycle paths and pedestrian sidewalks. PennDOT. Definition: The Pennsylvania Department of Transportation,
or its successor, and its subparts. Permit. Definitions: A document issued by the proper Borough authority authorizing the applicant to undertake certain activities. a. Zonincr Permit.
A permit indicating that a proposed use, building or structure is, to the best knowledge of the Borough Staff, in accordance with this Ordinance and which authorizes an applicant to
proceed with said use, building or structure, within all other applicable laws and regulations. For the purposes of this Ordinance, a zoning permit or "a permit under this Ordinance"
shall mean the applicable portions of a construction permit, unless a specific system of zoning permits has been established. b. Buildins or "Construction" Permit. A permit indicating
that a proposed construction, alteration, or reconstruction of a structure is, to the best knowledge of the Borough Staff, in accordance with the provisions of the Building Code which
may be adopted by the Borough. Permitted By Risht Uses. Definition: Uses that do not have to be approved as uses by the Zoning Hearing Board or the Borough Council. (A site plan review
by the Planning Commission and the Borough Council is required for certain permitted by right uses to ensure that the use would comply with all Borough ordinances.) A "nonconforming
use" shall not be considered to be a "permitted use." Personal Care Home or Center. Definition: A residential use providing residential and support services primarily to persons who
are over age 60, physically handicapped and/or mentally retarded and that is licensed as a Personal Care Center by the Commonwealth of Pennsylvania. (See "nursing home" in Table of Permitted
Uses, Article 111.) Personal Service. Definition: An establishment that provides a service oriented to personal needs of the general public and which does not involve primarily retail
or wholesale sales or services to businesses. Personal services include barber and beauty shops, State-licensed massage therapists, photography studios, shoe repair shops, household
appliance repair shops, and other similar establishments, but shall not include any "adult uses." Pets, Keepins of. Definition: The keeping of domestic animals that are normally considered
to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include dogs, cats, small birds, gerbils, rabbits and other animals commonly sold in retail
pet shops. See Section 403. Use Standards: a. This is a permitted by right accessory use in all districts. Only those types of pets that are domesticated and those numbers and types
of pets that are compatible with a residential character shall be permitted as "Keeping of Pets." Examples of permitted pets include dogs, cats, rabbits, snakes that are not poisonous
to humans, gerbils and fish, but do not include bears, goats, cows, snakes that are poisonous to humans, wolves, wolfdog hybrids, pigs (other than miniature breeds) or sheep. Definitions;
Additional Requirements Page 2-24
" I I 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 regularly collecting and properly disposing of all fecal matter from pets. No dangerous animals shall be
allowed outdoors, except within a completely secure enclosure or on a leash under full control of the owner. The total number of dogs and cats shall be a combined maximum of 6, except
a maximum of 12 shall apply if the animals are regularly kept at least 200 feet from a residential lot line. This maximum number shall not apply to cats and dogs of less than 3 months
age. Keeping of more than the specified number of cats or dogs shall be considered a kennel. d. Horses. In any zoning district it is permitted to maintain up to 2 horses on a lot of
2 acres or more. Any horse barn, corral, fenced-in area or stable shall be a minimum of 30 feet from any abutting lot line (other than a street right-of-way) and 150 feet from any existing
dwelling other than that of the owner of the horses. Keeping of more than the specified number of horses shall be considered a "stable." e. Keeping of carrier pigeons is permitted provided
such use complies fully with the applicable State law. c. Places of Worship. Definition: Buildings, synagogues, churches, religious retreats, monasteries, seminaries and shrines used
primarily for religious and/or spiritual worship and that are operated for nonprofit and noncommercial purposes. Use Standards: A place of worship may include 1 dwelling unit as an accessory
use. If a religious use is primarily residential in nature, it shall be regulated under the appropriate "dwelling type." Plannins Commission. Definition: The Planning Commission of the
Borough of Mercersburg. Plant Nurserv. Definition: The indoor and/or outdoor raising of trees, plants, shrubs or flowers for sale, but not primarily including commercial forestry for
lumber. A A plant nursery may include the growth of trees for sale for internal decoration of homes, such as a Christmas tree farm. Portable Classroom. Definition: A building used for
instruction as part of a primary or secondary school, and which is located on the same lot as such school, which is not intended to be used on that site for more than 10 years, and which
is designed with modular construction so that it could be relocated at another site. PrinciDal Buildins. Definition: The building in which the principal use of a lot is conducted. Any
building that is physically attached to a principal building shall be considered part of that principal building. Principal Use. Definition: A dominant use(s) or main use on a lot, as
opposed to an accessory use. Propertv Line. Definition: Has the same meaning as "lot line." Public Notice. Definition: Notice required by the PA. Municipalities Planning Code. Publiclv-Owned
Recreation. Definition: Land andlor facilities that are owned by a government agency or the Borough and are available for use by the general public for leisure and recreation. Definitions;
Additional Requirements Page 2-25
Recyclinq Collection Center. Definition: A use for collection and temporary storage of more than 500 pounds of common household materials for recycling, but that does not involve processing
or recycling other than routine sorting, baling and weighing of materials. This term shall not include the indoor storage of less than 500 pounds of household recyclables and their customary
collection, which is a permitted by right accessory use in all zoning districts, without additional regulations. A recycling collection center is also a permitted by right accessory
use to a public or private primary or secondary school, a place of worship, a Borough-owned use, an emergency services station or a college or university. Use Standards: a. b. C. d.
e. f. g. h. This use shall not be bound by the requirements of a Solid Waste Disposal Facility. All materials shall be kept in appropriate containers, with appropriate sanitary measures
and frequent enough emptying to prevent the attraction of insects or rodents and to avoid fire hazards. Adequate provision shall be made for movement of trucks if needed and for off-street
parking. A 10 feet buffer yard with screening as described in Section 803 shall be provided between this use and any abutting "residential lot line." Materials to be collected shall
be of the same character as the following materials: paper, fabric, cardboard, plastic, metal, aluminum, yard waste and glass. No garbage shall be stored as part of the use, except for
that generated on-site and that accidentally collected with the recyclables. Only materials clearly being actively collected for recycling may be stored on site. The use shall only include
the following operations: collection, sorting, baling, loading, weighing, routine cleaning and closely similar work. No burning or landfilling shall occur. No mechanical operations shall
routinely occur at the site other than operations such as baling of cardboard. The use shall not routinely include the collection or processing of pieces of metal that have a weight
greater than 50 pounds, except within an industrial district. The use shall include the storage of a maximum of 200 tons of materials on the site if the use is within a residential district
and within 250 feet of an existing dwelling. Residential District. Definition: The SFR, TR and GR Zoning Districts. Residential Lot Lines. Definition: The lot line of a lot that: 1)
contains an existing dwelling on a lot of less than 3 acres or b) is undeveloped, zoned as a Residential District and is not approved by the Borough for a principal non-residential use.
Additional setbacks or buffering shall not be required from a "Residential lot line" if such lot is currently owned by the same landowner as the use that would be required to provide
the additional setbacks or buffering. Restaurant. Definition: An establishment that sells ready-to-consume food or drink, that routinely involves the consumption of at least a portion
of such food on the premises. A restaurant may include the accessory sale of alcoholic beverages. However, if such sale is a primary or substantial portion of the total trade, the requirements
of a "tavern" or nightclub must also be met. Use Standards: a. Dumpster Screening and Waste Containers -See Section 513. b. A maximum of two outdoor menu boards are permitted, beyond
the signs normally permitted, with a maximum sign area of 40 square feet each if drive-thru service is provided, if the words on such signs are not readable from beyond the lot line.
c. Traffic cjrculation onto, within and off of the lot shall be clearly marked. A drive-thru 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. Definitions; Additional Requirements Page 2-26 ~ 1 I ,
Retail Store or Retail Sales. Definition: A use in which merchandise is sold or rented to the general public, but not including the following: sales of motor vehicles or boats, adult
use, manufacturing, tavern, car wash, auto service station, auto repair garage, hotel/motel, convenience store or any restaurant. Rishtaf-Way. Definition: Land reserved for the public
or others for use as a street or other purpose, Unless otherwise stated, "right-of-way" shall mean the existing street right-of-way line. a. Risht-of-Way, Existinq or Lesal. Definition:
The line separating a lot from the established official street right-of-way that either the Borough or the Commonwealth will own after the completion of any proposed subdivision, land
development or development of a use under this Ordinance. School, Public or Private Primarv or Secondary School. Definition: An educational institution primarily for persons between
the ages of 5 and 19 that primarily provides State-required or largely State-funded educational programs. This term shall not include "Trade Schools" (such as privately operated schools
of trade, vocation or business). Self-Storase Development. Definition: A building or group of buildings divided into individual separate access units which are rented or leased for the
storage of personal and small business property. Use Standards: a. Outdoor storage shall be limited to recreational vehicles, boats and trailers. No "junk vehicles" shall be stored within
view of a public street or a dwelling. b. Trash, radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous Substances, animal carcasses or
skins, or similar items shall not be stored. c. Nothing shall be stored in interior traffic aisles, required off-street parking areas, loading areas or accessways. d. Major body work
on vehjcles shall not be permitted. The use shall not include a commercial auto repair garage unless that use is permitted in the district and the use meets those requirements. e. Adequate
lighting shall be provided for security, but it shall be directed away or shielded from any adjacent residential uses. f. Any areas of the use that are within 200 feet of the existing
right-of-way of an arterial street or collector street shall be separated from that street by a buffer yard with screening under Section 803. g. Maximum building length-250 feet. h.
Minimum separation between buildings-20 feet. Setback Line. Definition: a. b. C. d. The line within a lot defining the required minimum distance between any structure to be erected or
use to be developed and the adjacent street right-of-way or exterior lot line (when the property is not abutted by a right-of-way). Such line shall be measured at right angles from and
parallel to the front lot line. Any building setbacks shall be measured from the foundation, exterior wall or other component of a structure that is closest to the right-of-way line
or lot line from which the setback is being measured. See exceptions for eaves and cornices in Section 803.B. Unless otherwise stated, setback distances are for both accessory and principal
structures. Private Streets -For a building setback measured from a private street, the setback shall be measured from the existing right-of-way of such a street, if a right-of-way exists.
If a private street does not have a right-of-way, the setback shall be measured from the edge of the cartway. Definitions; Additional Requirements Page 2-27
SewaQe Disposal Svstem. Definition: A system to collect, treat and dispose of sewage. No such system shall be permitted that does not comply with local, State and Federal requirements.
Shoppins Center. A use involving 5 or more retail or personal service uses or establishments and that primarily involves retail sales. If 2 or more abutting lots each include 5 or more
retail sales uses and are developed under common or closely related ownership, then those lots shall together be considered as 1 shopping center. A shopping center may also include a
mix of permitted personal service, office and/or commercial recreation uses. Definition: Siqht Distance. Definition: An area required to be kept free of visual obstruction. See Section
803. & Definition: Any physical device for visual communication that is used for the purpose of attracting attention from the public and that is visible from beyond an exterior lot line,
including all symbols, words, models, displays, banners, flags, devices or representations. This shall not include displays that only involve symbols that are clearly and entirely religious
in nature, and which do not include advertising. See definitions of types of signs in Sections 711 and 703. Siqn Area. See Section 711. Sisn, Off-Premise. Definition: A sign which directs
attention to an object, product, service, place, activity, person, institution, organization, or business that is primarily offered or located at a location other than the lot upon which
the sign is located. Slauqhter House. Definition: A use involving the killing of animals for the production of food or some other commercial product. A commercial stockyard or similar
facility that primarily involves the bulk storage or transferring of animals on the way to slaughter shall also be considered a slaughter house. This shall not include a custom ''butcher
shop" that does not involve killing of animals (which is a retail sales use). Slope. Definition: The vertical change of an area of land divided by the horizontal change, measured in
percent. Solid Waste. Definition: a. Any garbage, refuse, sewage sludge or other discarded material, including solid, liquid, semi-solid or contained gaseous material resultjng from
industrial, jnstjtutional, public, household, commercial or mining activities. b. For the purposes of thjs Ordinance, the following materials shall not be considered to be solid waste:
1) portions of trees or shrubs, leaves, mulch and rocks, 2) substances legally disposed of into the air or water through a Federal or State pollution discharge permit, 3) customary residual
wastes from a permitted mineral extraction use or 4) materials of a character such as paper, plastic, aluminum and metal that have been separated from the waste stream for recycling.
Solid Waste Facilik. Definition: a. Land or structures where solid waste is processed, incinerated or disposed of. This shall only include the following facilities, each of which shall
be required to have all permits required by the State in place prior to initiation of the use: sanitary landfill, solid waste transfer facility or solid waste-toenergy facility. Dejnitions;
Additional Requirements Page' 2-28 1 I I
R 8 4 I I I t I 1 I 8 E 8 1 1 I I I t b. The following uses for the purposes of this Ordinance shall not be considered to be a solid waste disposal facility: junkyard, recycling collection
center, leaf composting, clean fill or septage or sludge application. Solid Waste-to-Enerw Facility. Definition: A type of "Solid Waste Disposal Facility" that utilizes waste (such as
trash, sludge or any other nonhazardous commercial, residential or industrial materials) as a fuel to produce usable energy (such as steam or electricity) in bulk to be marketed for
reuse as energy. Also see the definition of this term in Title 25 of PA. DER regulations. Solid Waste Transfer Facility. Definition: A type of "Solid Waste Disposal Facility" which receives
and temporarily stores solid waste at a location other than the generation site, and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing
or disposal, and which may or may not involve the separation of recyclables from solid waste. Also see the definition of this term in Title 25 of PA. DER regulations. Use Standards:
a. b. C. d. e. f. 9. h. i. jkk I. m. All solid waste storage, disposal and incineration shall be at last 200 feet from the following: public street right-of-way, exterior Jot line, 100
year floodplain, edge of a surface water body (including a water filled quarry) or wetland of more than 2 acres in area. All areas to be used for the storage or disposal of solid waste
shall be a minimum of 500 feet from any "residential lot line" or publicly-owned recreation area or the banks of any perennial creek or river. The use shall be served by a minimum of
2 paved access roads, each with a minimum cartway width of 24 feet. One of these roads may be restricted to use by emergency vehicles. No burning or incineration shall be permitted.
Any solid waste that is to be stored for more than 3 hours shall be stored in an enclosed structure. The operation and day-today maintenance of the solid waste disposal area sliall comply
with all applicable State and Federal regulations as a condition of the continuance of any permit of the Borough. Violations of this condition shall also be considered to be violations
of this Ordinance. The applicant shall prove to the satisfaction of the Zoning Hearing Board that the existing street network can handle the additional truck tmffic, especially without
bringing extraordinary numbers of trash hauling trucks through or alongside existing residential or residentially zoned areas. The applicant shall prove to the satisfaction of the Zoning
Hearing Board that the use would not routinely create noxious odors off of the tract. A chainlink or other approved fence with a minimum height of 8 feet shall surround active solid
waste disposal areas to prevent the scattering of litter and to keep out children, unless the applicant proves to the satisfaction of the Zoning Hearing Board that this is unnecessary.
The Board shall require earth berms, evergreen screening and/or shade trees as needed shall be used to prevent operations from being visible from an expressway or arterial streets or
dwellings. A minimum total lot area of 5 acres is required for the first 250 tons per day of capacity to treat or dispose of waste, plus 1 acre for each additional 100 tons per day of
capacity. The facility shall have a maximum total capacity of 750 tons per day. Health Hazards. Any facility shall be operated in such a manner to prevent the attraction, harborage or
breeding of insects, rodents or vectors. Attendant. An attendant shall be present during all periods of operation or dumping. Gates. Secure gates, fences, earth mounds and/or dense vegetation
shall prevent unauthorized access. Emergency Access. The operator of the use shall cooperate fully with local emergency services. This should include allowing practice exercises on the
site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided. Definitions; Additional
Requirements Page 2-2-29
n. Under authority granted to the Borough under Act 101 of 1988, the hours of operations that are perceptible beyond the lot lines of an adjacent lot shall be limited to between 7 a.m.
and 9 p.m. 0. Tires. See "Outdoor Storage and Display" in Section 403. p. Litter. The operator shall regularly police the area of the facility and surrounding streets to collect litter
that may escape from the facility or trucks. q. Dangerous Materials. No radioactive, hazardous, chemotherapeutic or infectious materials may be stored or processed in any way. Infectious
materials are defined as medical wastes used or created in the treatment of persons or animals with seriously contagious diseases. r. The applicant shall provide sufficient information
for the Borough to determine that the requirements of this
Ordinance will be met. s. The applicant shall provide the Zoning Officer with a copy of all written materials and plans that are submitted to PA. DER at the same time as they are submitted
to DER. t. All loading and unloading of solid waste shall only occur within an enclosed building, and over an impervious surface drains to a holding tank that is then adequately treated.
Special Exception. Definition: A use for which the Zoning Hearing Board may grant permission following a public notice, a public hearing and findings of fact consistent with this Ordinance,
provided the use complies with the conditions and standards required by this Ordinance. See Section 119. Specified Sexual Activities. Definition: One or more of the following: a. Human
male genitals in an visible state of sexual stimulation. b. Acts of human masturbation, sexual intercourse, oral sex or sodomy. c. Fondling or other erotic touching of human genitals.
Stable, Non-household. Definition: Keeping of more than 2 horses, which may include a commercial or private riding club. The housing of 1 or 2 horses shall be considered an accessory
use under the "Keeping of Pets" (see Section 403). State. Definition: The Commonwealth of Pennsylvania and its agencies. State State PIannins Code. See Municipalities Planning Code.
Storaqe Shed. Definition: An enclosed accessory building maintained primarily for the convenience of the occupant(s) of the principal building on the lot and which is not used for the
housing of a motor vehicle. Stow (and Half-Stow). Definition: A level of a building routinely accessible to humans having an average vertical clearance 6 feet or greater shall be considered
a full story, except as provided for in the definition of "basement." Any level of a building having an average vertical clearance from floor to ceiling of less than 6 feet shall be
considered a "half-story." Street. Definition: A public or private thoroughfare which provides the principal means of access to abutting lots or that is an expressway, but not including
an alley or a driveway. The terms "street", "highway" and "road" have the same meaning and are used interchangeably. Street Classification. Definition: The functional classification
of streets into the following types, as shown on the Official Street Classification Map at the end of this Ordinance for existing streets and as determined by the Borough Engineer for
future streets: a. Arterial Street. Designed for large volumes of traffic. b. Collector Street. Designed to carry a moderate volume of traffic to intercept local (residential) streets,
to provide routes to minor arterial streets and to community facilities. Definitions; Additional Requirements Page 230
c. Local Street. Designed to provide access to the abutting properties and a route to collector routes. Structure. Definition: Any man-made object having an ascertainable stationary
location on, below or in land or water, whether or not affixed to the land, subject to the following specific standards: a. The following specifically shall be considered to be structures:
buildings, signs, stadiums, platforms, communications towers, walkways, porches or decks that are covered by a permanent structure; swimming pools (whether above or below ground); storage
sheds, carports, and garages. b. Any structure shall be subject to the principal or accessory setbacks of this Ordinance, as applicable, unless specifically exempted or unless a specific
setback is established for that particular type of structure by this Ordinance. Subdivision. Definition: See the definition in the Borough Subdivision and Land Development Ordinance.
Subdivision Ordinance or Subdivision & Land Development Ordinance. Definition: The Mercersburg Borough Subdivision and Land Development Ordinance, as amended. Swimminq Pool, Household.
Definition: A man-made area with walls of man-made materials intended to enclose water at least 30 inches deep for bathing or swimming and that is intended to serve the residents of
only 1 dwelling unit and their occasional guests. Use Standards: a. b. C. d. e. Enclosure Around In-Ground Pools. Any new or existing in-ground pool shall be completely surrounded by
a secure fence, wall, portion of a building and/or similar enclosure not less than 4 feet in height. This enclosure shall be constructed to make it very difficult for small children
to climb up or slip through the enclosure. All gates or door openings through such enclosure (other than a door to a building) shall be self-closing and include a self-latching device
on the pool side for keeping the gate or door securely closed times when not in use. Enclosure Around Above-Ground Pool. Any existing or new above-ground pool shall include a secure
fence, wall or other enclosure a minimum of 3.5 feet high above the surrounding average ground level. This enclosure may include the walls of the pool itself. Such pools shall be equipped
with an access ladder that can be raised and locked in a position so that it is a minimum of 3.5 feet above the surrounding ground level or otherwise completely inaccessible to children
when the pool is unattended. Location. 1) Any deck or shelter that is elevated above the average surrounding ground level shall meet the applicable setback requirement for an accessory
building. 2) Patios around pools that are level with the average surrounding ground level are not required to meet setbacks. 3) Where practical, a pool shall be located to the rear of
a dwelling. A pool is not permitted within a required front yard. 4) The structural walls of a pool shall be setback a minimum of 10 feet from a "residential lot line" and from an existing
street right-of-way. The Borough does not assume responsibility for guaranteeing to the public that all new and existing pools fully comply with these provisions. Wiring. All electrical
wiring uses in conjunction with a pool shall be installed underground or within a conduit to the nearest point of use. AI wiring and all electrical connections shall be waterproof. All
electrical motors, lights, pumps and other electrical equipment shall be properly grounded. Definitions; Additional Requirements Page 231
Swimmins Pool, Non-Household. Definition: A man-made area with walls of man-made materials intended to enclose water at least 30 inches deep for bathing or swimming and that does not
meet the definition of a "household" swimming pool. This includes: 1) a "semi-public" pool that serves only residents of a development or members of a club and their occasional guests
or 2) a "public" pool intended to serve the general public. See also the provisions for "Recreational Facilities" limited to use by employees of a use or residents of a development as
an accessoty use, which may include a swimming pool, at the end of Section 306. Use Standards: a. The water surface shall be setback at least 50 feet from any existing dwelling. b. Minimum
lot area-1 acre. c. Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by evergreen screening meeting the requirements of Section 803. d.
The water surface shall be surrounded by a secure, well-maintained fence at least 6 feet in height. Tavern. Definition: A place where alcoholic beverages are served as a primary or substantial
portion of the total trade and which does not meet the definition of a "nightclub" or an "after-hours club." The sale of food may also occur. See also the definition of restaurant. Theater.
Definition: A building or part of a building devoted to the showing of motion pictures or theatrical or performing arts productions as a principal use, but not including an outdoor drive-in
theater or adult movie theater. Townhouse. See "Dwelling Types." Tract. Definition: In certain zoning districts, the tract is the minimum amount of adjacent land area (which may be separated
by alleys, streets or waterways) within the Borough that is required to be approved as part of an overall preliminary subdivision or land development plan in order to allow either certain
types of uses or to allow the creation of lots smaller than a certain specified lot area. An area of land shall meet the following requirements in order to be considered a a "tract"
a. shall only include lands within an approved subdivision or land development plan that includes a well-defined internal circulation system, maximum coordination between lots and carefully
limited points of vehicular access onto streets exterior to the tract, and b. shall only include lands that at the time of the approval of the preliminary plan have one "landowner" (as
defined by Article II), unless the applicant proves to the satisfaction of the Zoning Officer that there is a legally binding commitment between two or more "landowners" to coordinate
the access and development of the tract as shown in the approved preliminary plan. Trade School. Definition: A facility that is primarily intended for education of a work-related skill
or craft or a hobby and that does not primarily provide State-required education to persons under age 16. This shall include a dancing school, martial arts school or ceramics school.
Treatment Center. Definition: A use (other than a prison or a permitted accessory use use in a "hospital") providing housing facilities for persons who need specialized housing, treatment
and/or counseling for stays of less than 1 year and who need such facilities because of: a. criminal rehabilitation, such as a criminal half-way house or a treatmentlhousing center for
persons convicted of driving under the influence of alcohol, b. addiction to alcohol and/or a controlled substance, or 1 I Ii I' E Definitions; Additional Requirements Page 2-32 I
c. a type of mental illness or other behavior that could cause a person to be a threat to the physical safety of others. Use Standards: a. The applicant shall provide a written description
of all types of residents the use is intended to include over the life of the permit. Any future additions or modifications to this list shall require approval of the Zoning Hearing
Board as a special exception. b. The applicant shall prove to the satisfaction of the Zoning Hearing Board that such use will involve adequate supervision and security measures to protect
public safety. c. The Zoning Hearing Board may place conditions on the use as necessary to protect public safety, including conditions on the types of residents and security measures.
Truckinq Company Terminal. Definition: A use involving a large variety of materials, including materials owned by numerous corporations, being transported to a site to be unloaded primarily
from tractor-trailer trucks and reloaded onto tractor-trailer trucks, and that does not involve substantial processing or repackaging of the materials. a. A use that primarily involves
either loading materials from tmctor-trailers onto smaller trucks or loading materials from smaller trucks onto fractor-trailers shall be considered a "distribution" use. b. A trucking
company terminal may include the following as clearly accessory uses if they are closely related to the principal use: repair, washing, refueling and maintenance facilities for trucks
using the terminal, administrative uses for the terminal and rest facilities for truck drivers using the terminal. Truck Stop. Definition: A commercial use that primarily involves providing
fuel and other services to tractor-trailer trucks. This use may also involve providing repair services, sale of gifts and various household items, a restaurant, showers and a motel.
This use shall not include an "adult use." Use. Definition: The purpose, activity, occupation, business or operation for which land or a structure is designed, arranged, intended, occupied
or maintained. Uses specifically include but are not limited to the following: adivity within a building, activity outside of a building, any structure, recreational vehicle storage
or parking of commercial vehicles on a lot. Variance. Definition: The granting of specific permission by the Zoning Hearing Board to use, construct, expand or alter land or structures
in such a way that compliance is not required with a specific requirement of the Zoning Ordinance. Any variance shall only be granted within the limitations of the PA. Municipalities
Planning Code. Veterinarian Office. Definition: A building routinely used for the treatment of animals and related housing or boarding of sick animals. Housing primarily healthy animals
shall be considered a "kennel" and shall meet the requirements of that use. -Wall. See "Fence." Warehouse. Definition: A building or group of buildings primarily used for the indoor
storage, transfer and distribution of products and materials, but not including retail uses or a truck terminal, unless such uses are specifically permitted in that zoning district.
Water System. Definition: A system designed to tmnsmit water from a source to users, in compliance with the requirements of the appropriate state agencies and the Borough. a. "Public"
Water Service. Central water service by a system owned by a municipality or a municipal or county authority and which serves more than 30 dwellings or principal uses. Definitions; Additional
Requirements Page 233
b. On-Lot or Non-Public Water Service. Service by a water system that does not meet the definition of a "public water service." In most cases, this would involve an individual well serving
an individual lot, but may also include a common well or another duly approved system. Wetlands. Definition: An area of land and/or water meeting one or more definitions of a "wetland"
under Federal and/or Pennsylvania law and/or regulations. Zonincr MaD. Definition: Pennsylvania. I The Official Zoning Map of Mercersburg Borough, Franklin County, Zonincr Officer. Definition:
The administrative officer($) charged with the duty of enforcing the provisions of the Zoning Ordinance, or his or her officially designated assistant(s). (NOTE: As of 1992, the following
was the official U.S. Army Corps of Engineers' definition of wetlands: "Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to
support, and that under normal circumstances do support, a prevalence of vegetation vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs and similar areas." Wetlands are technically defined on the basis of types of vegetation and soils and the level of the water table below the surface. As of 1992, the US.
Amy Corps of Engineers and DER enforce the wetlands regulations.) Wholesale. Definition: Sales that primarily involve transactions with other businesses and their agents and not to the
general public. Yard. Definition: An area not covered by buildings and that is on the same lot as the subject structure or use. Regulations of specific districts prohibit principal and
accessoty structures within specified required minimum yards. Yard, Front. Definition: A "yard" between the front lot line (which usually is the street right-of-way line) and the closest
portion of the subject structure or use that extends the full width of the lot from side lot line to side lot line. a. The front yard shall be on a side that faces towards a public street,
whenever one public street abuts the lot. b. When a lot abuts onto 2 or more public streets, the applicant may choose which is the front yard, unless the Zoning Officer determines that
the front yard should follow the clearly predominant front yard orientation of the development of abutting lots. c. No accessory or principal structure shall extend into the required
front yard, except as provided in this Ordinance, except as is otherwise specifically permitted. Yard, Rear. Definition: A "yard" extending the full-width of the lot and situated between
the rear line and the closest portion of the subject structure, and stretching between the side lot lines parallel to the rear lot line. (A principal building shall not extend into the
required rear yard for a principal building, and an accessory structure shall not extend into the required rear yard for an accessory Structure, except as provided in this Ordinance.)
Yard, Side. Definition: A "yard" situated between the closest portion of the subject structure and the entire length of the side lot line, and extending from the front lot line to the
rear lot line. A structure shall not extend into the applicable minimum side yard, except as provided for in this Ordinance. Zoninu Ordinance. Definition: The Mercersburg Borough Zoning
Ordinance, as amended. I Definitions; AdditionalRequirements Page 234 I I "J
I I 'I I I I i I I I I 1 I I 1 I I 1 ARTICLE I11 DISTRICTS 3Ol.DESIGNATION OF DISTRICTS AND PURPOSES. 30 1 .A. 301.B. 301.C. For the purpose of this Ordinance, Mercersburg Borough is
hereby divided into the following zoning districts: SFR TR GR AC GC PC TC1 TC2 I HD FP Single Family Residential District Town Residential District General Residential District Academic
District General Commercial District Planned Commercial District Town Center 1 District Town Center 2 District Industrial Dishrict Historic District (overlay district to all underlying
districts) -See Article IX 100 Year Floodplain (overlay district to all underlying districts) -See Section 515 The zoning districts stated in Section 301.A. shall be of the number, size,
shape and location shown on the "Official Zoning Map." Any use of the abbreviations listed in Section 301.A. shall mean the district name that is listed beside the abbreviation. Pumose
of Each District. The following are summaries of the purposes of each zoning district, in addition to the overall purposes of this Ordinance as stated in Article I and the Comprehensive
Plan. 1. 2. 3. 4. 5. SFR District -To provide for the orderly expansion of neighborhoods of single family detached houses at a low density. To carefully protect these areas from uses
that may not be fully compatible. To encourage similar development next to existing neighborhoods. TR District -To provide for the orderly expansion of areas that offer residential neighborhoods
at a medium density. To recognize existing medium density residential areas of the Borough. To provide for a carefully selected variety of housing types. To carefully protect these areas
from uses that may not be fully compatible. GR District -To provide for a full variety of carefully-designed housing types at medium high densities. To make sure that varied housing
types are compatible with any existing single family detached houses. To make sure that the street system of the Borough and other community facilities and services are fully able to
handle moderately dense growth in an area. To work to encourage affordable housing, especially for young families, senior citizens and non-traditional types of households. AC District
-To provide for academic and related light institutional uses, in a campus setting. PC District -To provide for a variety of commercial uses within well-planned and coordinated unified
developments, such as shopping centers. Districts Page 3-2
1 8 I 1 I I 1 6. 7. 8. 9. 10. 11. GC District -To provide for a wide range of needed commercial uses in locations that are less likely to involve conflicts with existing residences and
that have excellent access to major highways. To use special care and control on access onto arterial and collector streets to avoid traffic hazards. TC1 District -To encourage a pedestrian-scale
of development that respects the historic character of the Downtown. To avoid incompatible types of auto-related uses, such as restaurant drive-thru service, car washes and auto repair.
To seek to strengthen service, office, retail and restaurant businesses. To provide for a mix of residential and commercial uses. TC2 District -To encourage a pedestrian-scale of development
that respects the historic character of the Downtown. To avoid incompatible types of auto-related uses, such as restaurant drive-thru service, car washes and auto repair. To provide
for a mix of light service businesses, offices and retail stores of limited size that are compatible with existing homes. I District -To provide sufficient space in appropriate locations
to meet current and anticipated future regional needs for light industries, offices and limited types of related commercial development. To carefully control uses to protect the public
health and safety. To maintain an attractive physical environment that will aid in attracting new businesses. HD Overlay District -See Article IX FP Overlay District -See Section 515
302. APPLICATION OF DISTRICT REGULATIONS. 302.A. The regulations set by this Ordinance shall apply uniformly to each class or kind of structure or land, except as provided for in this
Ordinance. 302.B. No structure or land shall hereafter be erected, used, constructed, reconstructed or structurally altered and no structure or part thereof shall hereafter be used or
occupied unless it is in conformity with the regulations herein specified for the use and district in which it is located. 302.C. No yard or lot existing at the time of passage of this
Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Ordinance shall meet at least
the minimum requirements established by this Ordinance. 302.D. Annexation. Any territory which may hereafter be annexed to the Borough shall be classified as the zoning district of the
Borough most similar to the zoning of such territory before annexation' (as determined by the Zoning Hearing Board) until otherwise classified. 303. ZONING MAP. 303.A. A map entitled,
"Mercersburg Borough Zoning Map" accompanies this Ordinance and is declared a part of this Ordinance. The Official Zoning Map should bear the adoption date of this Ordinance and the
words "Official Zoning Map." This map shall be retained in the Borough Offices. If the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of changes
and additions, or needs to have drafting errors or omissions Districts Page 3-2
corrected, Borough Council may, by resolution, adopt a new copy of the Official Zoning Map which shall supersede the prior Official Zoning Map. 303.B. Amendments. See Section 108. 304.
DISTRICT BOUNDARIES. Where uncertainty exists as to boundaries of any district as shown on the Zoning Map, the following rules shall apply: 304.A. District boundary lines are intended
to follow or be parallel to the center line of street rights-of-ways, streams and railroads, and lot lines as they existed on a recorded deed or plan of record in the County Recorder
of Deeds’ office at the time of the adoption of this ordinance, unless such district boundary lines are fixed by dimensions as shown on the Zoning Map. 304.B. Where a district boundary
is not fixed by dimensions and where it approximately follows lot lines, such boundary shall be construed to follow such lot lines unless specifically shown otherwise. 304.C. In unsubdivided
land or where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of the scale appearing on the
maps. 304.D. Interpretation of Boundaries. See Section 105.D. 305. SETBACKS AND BUFFERS ACROSS MUNICIPAL BOUNDARIES. This Ordinance requires additional setbacks and the provision of
buffer yards when certain uses would abut an existing dwelling or a residential zoning district. These same setback and buffer yard provisions shall be provided for uses proposed within
Mercersburg Borough if such an abutting dwelling or abutting primarily residential zoning district is located in an abutting municipality. 306. TABLE OF PERMITTED USES BY DISTRICT 306.A.
For the purposes of this Section 306, the following abbreviations shall have the following meanings: P = Permitted by right (zoning decision by Zoning Officer) SE = Special exception
use (zoning decision by Zoning Hearing Board) N = Not Permitted 306.B. Unless otherwise provided by law or specifically stated in this Ordinance (including Section 105.B.), any land
or structure structure shall &be used or occupied for a use specifically listed in this Ordinance as permitted in the zoning district within which the land or structure is located. Any
use shall also only be permitted if the use complies with all other requirements of this Ordinance. Districts Page 3-3
TYPES OF USES (See definitions in Article 11) SFR TR GR AC TC1 TC2 PC GC I AGRICULTURAL USES Raising of Livestock as a principal use N N N N N N N N SE Crop Farming (in addition to accessory
home gardening) P P P P N N P P P RESIDENTIAL USES Boardins House N N N N N N N SE N Group Home Within a lawful Dwelling Unit, P P P P P P P P N not including a Treatment Center Apartments
N N P P P P P P N Single Family Detached Dwelling P P P P P P N P N Single Family Semi-Detached Dwelling (1/2 of twin) N P P ,P P P N P N Townhouse N N P P P P N N N ManufacturedlMobile
Home Park N N N N N N N N SE Canversion of an Existing Building to Result in an Increased Number of Dwelling Units (See also creation of an accessory N P** P N P P N P N Mixed Residential
Development, which may include a mix of P N N N N N N N N (including manufactured/mobile home) apartment within a single family detached dwelling) ** = maximum of 2 dwelling units per
lot (this may include apartments in combination with a lawful commercial use) single single family detached dwellings, single family semi-detached dwellings, townhouses and/or low-rise
apartments, provided that any building including apartments or townhouses shall be setback a minimum of 75 feet from any abutting lot line of a single family detached dwelling that existed
prior to January 1, 1993. Accessory Apartment -See under Accessory Uses in this Table. COMMERCIAL USES Adult Bookstore, Adult Movie Theater, Adult Live Auditorium, Commercial Auto Repair
Garage Entertainment Use or Massage Parlor N N N N N N N N SE N N N N P . N N N P N N N N N N P P P *** = See additional requirements for the TC2 district in Section 306.C. P = Permitted
by right (zoning decision by Zoning Officer) SE = Special exception use (zoning decision by Zoning Hearing Board) N = Not Permitted Districts Page 34
TYPES OF USES (See definitions in Article 11) SFR TR GR AC TC1 TC2 PC GC 1 Auto Service Station which may or may not indude a convenience store N N N N N N P P P Auto, Boat or MobileFIanufactured
Home Sales N N N N N N P P P Bakery N N N N P P*** P P P Bed and Breakfast Use N P P P P P N P N Beverage Distributor N N N N P P P P P Business Services N N N N P P*** P P P Car Wash
N N N N N N P P P Catering of Food Establishment for OffSite Consumption N N N N P P*** P P P Commercial Outdoor Recreation N N N N N N P P P Commercial Indoor Recreation (includes bowling
alley, amusement N N N N P P*** P P P Construction Company or Contract Tradesperson’s Headquarters/Storage N N N N P* P* P P P Convenience Store, not include sale of gasoline N N N N
P P*** P P N Custom Crafts or Artisan’s Studio N N N N P P*** P P P Exercise Club N N N N P P*** P P P Financial Institution N N N N P P*** P P N Financial Services -See Offices Funeral
Home -with a 20,000 square feet minimum lot area N N N N N N P P P Kennel N N N N N N P P P Laundromat for Primarily SelfService Use N N N N P P*** P P P Laundry, Commercial or Industrial
N N N N N N P P P Lumber Yard N N N N N N P P P Medical Office or Qinic N N N N P P*** P P N Motel or Hotel N N N N P P P P N (may be combined with a restaurant or retail sales if such
use(s) are also permitted) (includes miniature golf course, golf driving range) ,I arcade, roller or ice skating, batting practice and closely similar uses) Communications Antennae,
Commercial N N N N N N N SE SE * Not including outdoor storage of materials that is visible from a street, alley or dwelling. *** = See additional requirements for the TC2 district in
Section 306.C. P = Permitted by right (zoning decision by Zoning Officer) SE = Special exception use (zoning decision by Zoning Hearing Board) N = Not Permitted Districts Page 3-5
TYPES OF USES (See definitions in Article 11) SFR lR GR AC TC1 TC2 PC GC I COMMERCIAL USES (Cont.) Nightclub Office Personal Services (includes tailoring, custom dressmaking, Plant Nursery
Repair of Household Items Restaurant Retail Store (not including uses listed individually in this table) Shopping Center Stable, Nonhousehold Tavern Theater as a principal use Trade
School Truck Stop Veterinarian Office I haircutting/siyling, dycleaning, shoe repair and closely similar uses)
(D) = INSTITUTIONAL USES Cemetery without Crematorium Crematorium College or University -Educational and Support Uses Community Center or Library Cultural Center or Museum N N N N N
N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ,P N N N N N N N N N N N N N N N N N N N N Drive-thru service prohibited. N N N N N N N N N N N P N P P P N SE SE P N N N
N SE P P*** P P P P P*** P P N P P*** P P P P P*** P P P P(D) P(D)*** P P N P*** P N P N P N P N P P*** P N N P*** P P N P N P P P N P P P P N SE P P N N P P P N N N N SE P P P P P N
P P P P N P P P P N *** See additional requirements for the TC2 district in Section 306.C. P = Permitted by right (zoning decision by Zoning Officer) SE = Special exception use (zoning
decision by Zoning Hearing Board) N = Not Permitted Districts Page 3-6 ~-
~ --n m = m = m ~ m ~ = ~ r n -~ m m TYPES OF USES (See definitions in Article 11) SFR TR GR AC TCl TC2 PC GC I INSTITUTIONAL USES (Cont.1 Day Care Center, Adult Day Care Center, Child
as a principal use Hospital Membership Club Nursing Home or Personal Care Home Place of Worship Picnic Grove, Private School, Public or Private, Primary or Secondary Treatment Center
INDUSTRIAL USES Assembly of Materials Manufactured Elsewhere Asphalt Plant -Beverage Bottling Building Supplies, Wholesale Sales of Distribution as a principal use (other than Trucking
Company Terminal) Finishing of Previously Prepared Resin, Vinyl, Polymer or Rubber Products Industrial Equipment Sales, Rental and Service, other than vehicles primarily intended to
be operated on public streets Junk -outdoor storage, display or processing of, other than within an approved junkyard or solid waste disposal area N N P P P P P P N N N N P P P*** P
P N N N N N P N P P P N N N N P P*** P P P N SE P P P P P P P N P P P P P P P P N N N N P P*** P P P N P P P P P P P P N N N N N N N N SE N N N N N N N N P N N N N N N N N N N N N N
N N N N P N N N N SE N P P P N N N N N N N N P N N N N N N N N P N N N N N N N P P N N N N N N N N N *** = See additional requirements for the TC2 district in Section 306.C. P = Permitted
by right {zoning decision by Zoning Officer) SE = Special exception use (zoning decision by Zoning Hearing Board) N = Not Permitted Districts Page 3-7
TYPES OF USES (See definitions in Article 11) SFR TR GR AC TC1 TC2 PC GC I INDUSTRIAL USES (Cont.1 Junk Yard Liquid Fuel Storage, Bulk for Off-Site Use, Manufacture and/or bulk processing
of the following, provided other than for company vehicles based on-site manufacturing occurs only indoors: -Agricultural Chemicals, Fertilizers or Pesticides -Apparel, Textiles, Shoes
& Apparel Accessories -Cement, actual manufacture of -Cement, Gypsum, Concrete or Plaster -Ceramics Products -Chemicals, Bulk Manufacture or Bulk -Chemical Products that are not highly
-Clay and Pottery Products -Cuke or Potash Work, including Coke Oven -Creosote, including Treatment with -Electrical & Electronic Machines, Supplies & Equipment -Explosives, Fireworks,
Ammunition or Gunpowder, or bulk storage of (except government-owned facility) -Fabricated Metal Products (except Ammunition or Explosives) -Food Products, bulk manufacture (not including
uses listed Products, other than actual manufacture of cement Storage of Highly Hazardous or Toxic Chemicals hazardous or toxic, other than fertilizers or pesticides individually in
this table, such as Catering) N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N , I N N N N SE N N N N N
N N N N SE N N N N P N N N N N N N N N SE N N N N SE *** = See additional requirements for the TC2 district in Section 306.C. **** = See also Custom crafts and artisan's studios and
catering, which are listed separately in this table. P = Permitted by right (zoning decision by Zoning Officer) SE = Special exception use (zoning decision by Zoning Hearing Board) N
= Not Permitted Districts Page 38
m m = ~ ~ ~ m m ~ m = m -m ~ m -TYPES OF USES (See definitions in Article 11) SFR TR GR AC TC1 TC2 PC GC I Manufacture and/or bulk processing of the following, provided manufacturing
occurs only indoors: -Furniture and Wood Products (not N N -Glass and Glass Products N N -Incineration, Reduction, Distillation, Storage or Dumping of N N Slaughterhouse Refuse, Rancid
Fats, Garbage, Bones, Dead Animals or Offal including raw paper pulp) -Jewelry and Optical Goods -Leather Products -Manufactured or Modular Housing -Metal Products, Primary -Microelectronic
Components -Paper and Cardboard Products (not -Paper, Raw or Paper Pulp -Paving or Roofing Materials, other than bulk manufacture -Petroleum or Kerosene Refining or Distillation -Pharmaceuticals
-Plastics, Polymers, Resins or Vinyl -Products from Previously Manufactured Materials, such as -Rubber, Natural or Synthetic -Scientific, Electronic and Other Precision Instruments -Soaps,
Detergents, Paints, Varnishes or Enamels -Tar, including tar distillation -Tire Retreading -Transportation Equipment including manufacture of paper pulp) of asphalt glass, leather, plastics,
cellophane, textiles, rubber or synthetic rubber N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
N N N N N N N N N N N N N N N N N N N N N N P N N N N N N N N N N N N P P N P N N N P N N N N N N N N P N N N N P P N P P P SE P P N SE N P SE P SE P SE N SE P *** = See additional requirements
for the TC2 district in Section 306.C. **** P = Permitted by right (zoning decision by Zoning Officer) SE = Special exception use (zoning decision by Zoning Hearing Board) N = Not Permitted
See also Custom crafts and artisan’s studios, which are listed separately in this table. Districts Page 3-9
RPES OF USES (See definitions in Article 11) SFR TR GR AC TC1 TC2 PC GC I INDUSTRIAL USES (cont.1 Packaging as a principal industrial use N N N Package Delivery Services Center N N N
* Other than a routine drop-off center, which is permitted by right. Photo Processing, Bulk Printing or Bookbinding Recycling Collection Center Recycling Center, Bulk or Industrial (other
than Research and Development, Engineering or Testing Facility Sawmill/Planing Mill SelfStorage Development Slaughterhouse or Stockyard Solid Waste to Energy Plant Solid Waste Transfer
Facility Trucking Company Terminal Warehousing as a principal use (other than trucking co. terminal) Welding Shop Wholesale Sales a solid waste disposal or transfer facility) or Laboratoy,
not involving manufacture of toxic substances N N N N N N N N N N N N N N All Uses that would have a serious threat of being unable to comply with N the performance standards of this
ordinance, especially including the "Environmental Protection" requirements of Article V N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
N , N N* N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N P P P P P N P N P N N N N N N N N P P P P P N P N P N N N N N P P N P P P P P SE P P P N N SE P P P P N *** =
See additional requirements for the TC2 district in Section 306.C. P = Permitted by right (zoning decision by Zoning Officer) SE = Special exception use (zoning decision by Zoning Hearing
Board) N = Not Permitted Districts Page 3-1 0 -~ ~
TYPES OF USES (See definitions in Article 11) SFR TR GR AC TC1 TC2 PC GC I I PUBLICjSEMI-PUBLIC Borough-Owned Uses for governmental, utility, public safety or recreation purposes Emergency
Services Station Nature Preserve Publicly-Owned Recreation Public Utility Facility, other than Borough-owned facilities, facilities exempted by Section 103 or facilities permitted as
"Essential Services" in Section 202 Swimming Pool, Non-household U.S. Postal Service Facility MISCELLANEOUS Any Principal Use not Specifically Listed in this Section 306 P P P P P P
P P P SE SE SE SE SE SE SE SE SE P P P P P P P P P P P P P P P P P P N N N N SE N SE SE SE SE SE SE SE P SE P P P P P P P P P P P P N N N N N N N N N (Except as permitted by Section
105 for uses that are similar to permitted uses) ACCESSORY USES Accessory Apartment, Total of 1, as an accessoy use to an existing Single Family Detached Dwelling P P P P P P P P P Day
Care Center accessory to a Place of Worship, P P P P P P P P P School or College or University N N N P N N N N N Home Occupation P P P P P P P P P with a minimum lot area of 20,000 square
feet in a residential district Dormitoy accessoy to a permitted Primary or Secondary See also accessory uses listed in Sections 306.D., E., F. and G. *** = See additional requirements
for the TC2 district in Section 306.C. * = Provided the lot abuts an arterial street (such as Main Street). P = Permitted by right (zoning decision by Zoning Officer) SE = Special exception
use (zoning decision by Zoning Hearing Board) N = Not Permitted Districts Page 3-1 1
I I i 8 I I 1 I a 1 I I I I I 1 I 306.C. Additional Requirements for a Commercial Use in a TC2 district. The following additional requirements shall apply for any commercial use in a
TC2 district: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. the lot shall include a total maximum of 1,200 square feet of total floor area of all such uses, except the total of a11 such uses
plus accessory storage areas may total a maximum of 2,000 square feet of total floor area, the lot shall abut an arterial street (which includes Main Street), shall be limited to within
buildings that existed prior to January 1, 1993, without any building additions except for such building additions clearly needed only for fire safety or handicapped accessibility, shall
comply with the noise regulations of Article V, between 9 p.m. and 7:30 a.m., the use shall not be open to the public and shall not have operations that are perceptible from a residential
lot line, signs -See Article VII, the use shall not include any internally illuminated sign or or any exterior lighting beyond what is customary in a residential area, shall not include
any use listed as prohibited in Section 306.B., any drive-thru facilities, any adult-use or any motorcycle or auto parts sales store (other than nonmechaanica accessories). the use shall
not be permitted if it would result in the demolition of a contributing building within the Historic District, as determined by the Historical Architectural Review Board, within the
Historic District, see the provisions of Article IX of this Ordinance which generally requires a11 signs and exterior building alterations visible from a street or dwelling to be reviewed
by the Historic Architectural Review Board and approved by Borough Council, the use shall have a maximum of 8 employees on the lot at any point in time, and the use may be established
in combination with 1 dwelling unit, or in combination with any dwelling units that lawfully existed at the time of adoption of this Ordinance. 306.D. Additional Requirements -See the
following sections: 1. Off-Street Parking -Article VI (including paved area setbacks in Section 603) 2. Signs -Article VI1 3. Buffer Yards -Section 803 4. Environmental Protection -Article
V 5. Temporary Structures -Section 807 6. Site Plan Review for certain uses -Section 116 -i 12
I 8 I Min. Lot Area (sq.ft.) 8 8 I I I 1 a B 1 I I I 1 8 Min. Lot Width I I 1 SFR: Any permitted use, except for a "Mixed Residential Development" the provisions of Section 307.B. shall
apply instead of the provisions of this table. 307. AREA AND SETBACK REQUIREMENTS BY DISTRICT. I 7,500 75 Dwellings shall have a minimum building width of 20 feet. 307.A. The following
area and building requirements shall apply for the specified zoning district, unless a more restrictive requirement for a specific use is required by Article JJ or another sectjon of
this Ordinance. All measurements shall be in feet unless otherwise stated. ~ a) 5,000 Zoning District: Type of Use (See Definitions of Terms in Article 11) a) 5,000 c) 5,000 b) 4,000
per tract a) 3 c) 50 b) 40 per dwelling unit TR: a) Single family detached dwelling b) Single family semidetaache dwelling (twin) c) Other permitted use GR: a) Single family detached
dwelling b) Single family semidetaache dwelling (twin) c) Townhouse d) Permitted apartments e) Other permitted use AC: a) Permitted types of dwelling units b) Other permitted use. ~
~-~~ GC: Any permitted use -may include more than 1 principal use per lot b) 8,000 per tract c) 10,000 per tract d) 15,OOO per tract e) 5,000 a) within the requirements of the GR district
b) may be subdivided into 5,000 per lot, provided that tract includes more than 5 acres b) 40 per dwelling unit c) See "Dwellings, Townhouuses in Section 202 d) 100 e) 100 a) within
the requirements of the GR district b) 60 ~ Districts Page 3-13 Coverage Lot AI-per Dwelling Unit (Note A) (sq.ft.) 60% 70% 70% 70% a) _ _ _ _ b) 4,000 c) 3,500 d) 3,500, except 2,000
for units permanently limited to persons age 60 and over or the physically handicapped e) 3,500 a) within the requirements of the GR district b) 4,000, except 2,000 for units permanently
limited to persons age 60 and over andor the physically handicapped 4,000, except 2,000 for units permanently limited to persons age 60 and over and/or Ihe physically handicapped
I E 8 IIE I ! I 1 s I 1 I I I B I 8 I a Min. Lot Area (sq-ft.) 18,750 Zoning District: Type of Use (See Definitions of Terms in Article 11) Min. Lot Width Max. Building Min. Average
Coverage Lot Area per Dwelling Unit (Note A) (sq.ft.) PC: Any permitted use -may 150 70% 4, ax, include more than 1 principal use Der lot 20,000 TC1 and TC2: a) Permitted primarily residential
we b) Other permitted use May include more than 1 principal use per lot. 100 70% ----See Section 306.C. for additional regulations foi permitted commercial uses in the TC2 district.
I: Any permitted use. May include more than 1 principal use per lot. I I I a) 2,000 per dwelling unit b) I (Note A) = This calculation shall involve dividing the total lot area of all
lots in the proposed development and dividing that total lot area by the number in the column below to determine the number of dwelling units permitted. Therefore, areas of a lot intended
to be used for common open space, stormwater detention basins, buffer yards, common parking areas or other similar features may be counted in the total lot area for the purposes of determining
density. The creation of Condominium units is specifically permitted -each lot of each townhouse or apartment dwelling unit is not required to have its own lot of any particular size.
Abbreviations: sq. ft. = square feet min. = minimum max. = maximum 307.B. The following setback and yard requiremenis shall apply for principal structures in the specified zoning district,
unless a more restrictive requirement for a specific use is required by Article II or another section of this Ordinance. All measurements shall be in feet unless otherwise stated. District
Minimum Yard and Setback Requirements for Principal Structures SFR 15 feet front yard (5 feet of which may include an unenclosed front porch); 25 feet rear yard; 10 feet side yard. m
15 feet front yard (10 feet of which may include an unenclosed front porch); 25 feet rear yard; 10 feet side yard. Districts Page 3-14
GR AC GC PC 20 feet front yard (10 feet of which may include an unenclosed front porch); 25 feet rear yard; 5 feet side yard; except that any newly constructed townhouse or apartment
building shall be setback a minimum of 50 feet from an abutting lot line of a single family detached dwelling that existed at the time of adoption of this Ordinance. Any permitted dwelling
unit: the same setbacks shall apply as are listed for the GR district. Any other permitted use: 25 feet front yard; 20 feet rear yard; 20 feet side yard; except that non-residential
principal buildings and dormitories shall be setback a minimum of 50 feet from an abutting lot line of an existing dwelling that is not owned by an institution. 20 feet front yard, 15
feet rear yard, 10 feet side yard; except that any principal comme'rcial building shall be setback a minimum of 20 feet from any abutiinglot lines of an existing single family detached
dwelling or single family semi-detached (twin) dwelling. 30 feet front yard, 10 feet rear yard, 10 feet side yard; except that any principal commercial building shall be setback a minimum
of 50 feet from any abutting lot line(s) of an existing single family detached dwelling or single family semi-detached (twin) dwelling. TC1 & TC2 Any permitted primarily residential
use: a) 0 feet front yard, except that a front yard setback of 10 feet shall apply (which may include an unenclosed front porch) if existing principal buildings on abutting lots on each
side are setback 10 feet or greater; b) 25 feet rear yard; c) 5 feet side yard. Any other permitted use: a) 0 feet front yard, except that a front yard setback of 10 feet shall apply
(which may include an unenclosed front porch) if existing principal buildings on abutting lots on each side are setback 10 feet or greater; 0 feet rear yard and 0 feet side yard, except
that a 5 feet side yard requirement shall apply a principal non-residential building from any abutting lot line(s) of an existing single family detached or single family semi-detached
dwelling. b) I 25 feet front yard; 10 feet rear yard; 15 feet side yard; except a minimum setback of 40 feet shall apply for any non-residential building from any abutting lot line(s)
of an existing single family detached or single family semidetached dwelling. 307.C. Accessory Structure Setbacks In All Districts Districts Page 3-15
1. A permitted detached residential accessory structure may have a minimum side and rear setback of 3 feet, except for fences which may be upon a lot line, and except as follows: a)
b) if such structure has a floor area of 600 square feet or greater, it shall have a minimum side yard setback of 10 feet from an abutting lot line of an existing single family detached
dwelling; a side yard setback (other than abutting a street) for such an accessory structure may be waived if all owners of record of lots abutting the subject lot line sign a notarized
written, dated letter agreeing to such action; a 0 feet minimum setback shall apply for an accessoy structure along a lotline along which the principal buildings are attached, provided
that the structure does not obstruct safe sight distance along a street or alley. c) 2. Any other structure that is accessoy to a non-residential use shall have a minimum setback of
a) b) 10 feet from any abutting lot line of an existing single family detached dwelling or single family semi-detached dwelling or undeveloped residentially zoned land; and 5 feet from
any other lot line, unless a less restrictive setback is permitted in the applicable district regulations for a principal building with the same type of use. 3. See also "Accessoy Structure"
provisions in Article 11. 4. An access0 y building shall not be placed within a required front yard setback. 307.D. Mixed Residential Development. Where permitted in the SFR District,
a Mixed Residential Development shall meet the following additional requirements: 1. 2. 3. 4. 5. The development shall meet the requirements for such use stated in Section 306. The development
shall not exceed a total maximum of 10 dwelling units per acre, based upon the average of the entire tract. Each individual dwelling unit, at an absolute minimum, shall meet the same
requirements as would apply in the GR district. The development shall be on a minimum tnrct of 3 acres that abuts existing low-rise apartments or townhouses. Any proposed apartments
and/or or any parking lot of 5 or more parking spaces within 100 feet of a single family detached dwelling that existed prior to Janua y 1, 1993 on an abutting lot shall be separated
from such single family detached dwelling by a buffer with evergreen screening meeting the requirements of Section 803. 308. HEIGHT. All districts shall have a maximum height for buildingsof2.5
stories and 35 feet, whichever is more restrictive, except as follows: A. within the TC1 district, the maximum height for buildings shall be 4 stories and 50 feet; B. unless specifically
stated otherwise in this Ordinance for a specific use; C. the maximum building heights shall not apply to the following structures: farm silos and associated agricultural structures,
communications towers, antennaes, water towers, clock or bell towers, steeples of places of worship, electrical transmission lines, elevator shafts, windmills, chimneys and similar appurtenances
customarily placed above the roof level and not intended for human occupancy; D. for residential accessory structures on lots of less than 1 acre, the maximum height shall be 1.5 stories
and 25 feet. Districts Page 3-1 6
ARTICLE V ENVIRONMENTAL PROTECTION 501. PERFORMANCE STANDARD INFORMATION. If the Zoning Officer has reason to believe that the proposed use may have difficulty complying with the standards
of this Article, then the Zoning Officer may require an applicant to provide written descriptions of proposed machinery, hazardous substances, operations and safeguards. 502. NUISANCES
AND HAZARDS TO PUBLIC SAFETY. 502.A. No land owner, tenant nor leasee shall use or allow to be used land or structures in a way that seriously threatens to or creates any of the following
conditions: 1. Communicable disease or other public health hazards, including activities that encourage the breeding of disease-prone insects or rodents. 2. Significant physical hacrds
to the public, especially hazards that would be easily accessible by small children. 3. Activity that prevents a neighboring landowner of ordinay sensitivities from making reasonable
use of hidher property. 4. Activity that creates a significant hazard to public health and safety because of serious explosive, fire, biological, biogenetic or toxic hazards. (See Sedion
506 "Storage of Hazardous and Explosive Substances.") 5. Activity that causes serious pollution to groundwaters or surface waters. 502.B. It is the responsibility of every property owner
to ensure that hisher property does not threaten public health or safety, and to remove or alter any structure or situation that threatens the public health and safety. This includes,
but is not limited to structurally unsound structures, including those damaged by fire. See also the &>rough Nuisance Ordinance. 502.C. Borouqh Removal of Hazards. If the Zoning Officer
becomes aware of a serious threat to the public heafth and safety, the Zoning Officer may, but is not required to, order the property owner to resolve the hazard. If the hazard is not
resolved within a reasonable specified period of time after such notice, the Borough may, at the option of Borough Council, remove the hazard or contract for its removal. In such case,
the property owner shall be required to compensate the Borough for all such expenses for such work and any reasonable accompanying legal and administrative costs. However, the Borough
does not take responsibility for identifying or removing all hazards. 503. WETLANDS. 503.A. If the Zoning Officer or the Borough Engineer have reason to believe that a portion of a site
proposed to be altered may possibly meet the State or Federal definitions of a "wetland", the Zoning Officer may require the applicant to provide a study by a qualified professional
delineating the locations of wetlands. However, the Borough accepts no responsibility to identify all wetlands or to warn all parties of such possibilities. Environmental Protection
Page 5-1
503.B. All permits of the Borough are issued on the condition that the applicant comply with Federal and State wetlands regulations, and such permits may be revoked by the Zoning Officer
for noncompllianc with such regulations. 504. SETBACK FROM JOHNSTON’S RUN. 504.A. Purpose. To protect the water quality of surface waters, preserve physical access to surface waters
in case of future public acquisition, minimize erosion and sedimentation, preserve the natural stormwater drainage system of the area, conserve sensitive wildlife and aquatic habitats,
preserve vegetation along waterways that will help screen out eroded soil and other pollutants and provide for setbacks that can be used as required yard areas for a use. 504.B. Setback
From Johnston’s Run. No building or paved area (other than approved street and driveway crossings) shall be located within 30 feet of the center of Johnston’s Run creek. See the Borough
floodplain map in case a wider area is regulated for buildings under the floodplain regulations. regulations. 504.C. Exemption. The setbacks of this Section shall not apply to public
utility facilities or publicly-owned recreational -facilities. 504.D. Setback Areas and Construction. During any filling, grading or construction activity, all reasonable efforts shall
be made to leave the setback areas of this section undisturbed, except at approved waterway crossings. 505. STEEP SLOPES. Any alteration of non-man-made slopes over 15 percent shall
require the submission of a sod and erosion control plan. The Zoning Officer may require such plan to be submitted for acceptance by the County Soil Conservation District. Compliance
with such plan shall automatically be a condition of any permit issued by the Borough. 506. STORAGE OF EXPLOSIVE AND HAZARDOUS SUBSTANCES. 506.A. Near Residences. No aboveground or surface
storage of potentially explosive or hazardous liquids, gases or chemicals in any quantity in excess of 250 cubic feet in volume shall be stored or maintained within 150 feet of an abutting
dwelling, except for the following and closely similar substances for on-lot use: building heating fuels, fire suppression chemicals, fertilizers, janitorial chemicals and printing supplies.
506 .B. Waterways. 1. No substance shall be stored in such a way that it could be washed into the groundwater or surface water, if such substance could seriously contaminate groundwater
or surface water or serious harm aquatic life of a waterway. 2. If a substance threatens groundwater or surface water contamination, it shall be stored within an impermeable containment.
Such storage shall be surrounded if needed by a berm that would drain any spilled substance to a engineered collection area, or other method that the applicant proves is safe. 506.C.
Toxic, biological, electrical and other significant hazards involving stationary outdoor machinery and storage shall be marked with signs. 507. SEWAGE DISPOSAL. All methods of wastewater
disposal shall meet requirements of DER, the Borough and the Official Borough Sewage Facilities Plan, as amended, as applicable. Environmental Protection Page 5-2
508. NOISE. 508.A. No use shall generate a sound level exceeding the limits established in the table below, when measured at the specified locations: LAND USE OR ZONING DISTRICT RECEIVING
THE NOISE 10 feet inside a Residentially Zoned Lot HOURS/DAYS 1) 7 a.m. to 9 p.m. other than Sundays, Christmas Day, Thanksgiving Day, New Years Day, 4th of July, Labor Day and Memorial
Day 2) 9 p.m. to 7 a.m. plus all day Sundays, Christmas Day, Thanksgiving Day, New Years Day, 4th of July, Labor Day and Memorial Day 10 feet inside an Industrially All times and days
Zoned Lot Sound Level Limits by Receiving Land Use/District MAXIMUM SOUND LEVEL 1) 70 dBA 2) 65 dBA 79 dBA ~~ ~ ~~ 10 feet inside any Lot Line Not Listed Above AI1 times and days I 70dBA
Note-dBA means "A" weighted decibel. 508.B. For any source of sound which emits a pure tone, the maximum sound level limits set forth in the above table shall be reduced by 5 dBA. 508.C.
The maximum permissible sound level limits set forth in the above table shall not apply to to any of the following noise sources: 1. 2. Sound needed to alert people about an emergency.
Repair or installation of utilities or conshuction of structures, sjdewaks or streets beiween the hours of 7 a.m. and 9 p.m., except for clearly emergency repairs which are not restricted
by time. Household power tools and lawnmowers between the hours of 8 a.m. and 9 p.m. Agricultural activities, including permitted raising of livestock, but not exempting a commercial
kennel. Public celebrations specifically authorized by the Borough Council or a County, State or Federal Government agency or body. Routine ringing of bells and chimes by a place of
worship or municipal clock. 3. 4. 5. Railroads and aircraft. 6. 7. Unamplified human voices. 8. 509. VIBRATION. No use shall generate vibration that is perceptible to an average person
through hisher senses, without the use of measuring instruments, on private property beyond the exterior lot line of the use generating the vibration. This requirement
shall not apply to occasional non-routine blasting that may be necessary during construction of streets, structures and utilities. Environmental Protection Page 5-3
510. ODORS, DUST AND AIR AND WATER POLLUTION. 510.A. Odors and Dust. No use shall generate odors or dust that are significantly offensive to persons of average sensitivities beyond the
boundaries of the subject lot. This restriction shall not apply to odors or dust created by permitted agricultural uses that are using "normal farming practices" within: a) Act 133 of
1982, as amended, the State "Right to Farm Act" or b) an official Agricultural Security Area. This odor restriction shall apply to uses that do not follow the farming practices referenced
in those State laws, such as if manure is not plowed under within a reasonable period of time. 510.B. Air and Water Pollution. All uses shall comply with Federal and State air and water
pollution regulations as a condition of any Borough permit. 511. LIGHT. GLARE AND HEAT CONTROL. 511.A. Street Lishtinq ExemDted. This Section 511 shall not apply to street lighting that
is owned, financed or maintained by the Borough or the State. 511.B. All uses, signs and other sources shall be designed and operated to reasonably minimize: a) the heat or glare they
generate beyond lot lines of such source and b) the light they generate at night onto adjacent dwellings. 511.C. Heiqht of Liqhts. No luminaire, spotlight or other light source that
is within 200 feet of a dwelling or residential district shall be placed at a height exceeding 35 feet above the average surrounding ground level. This limitation shall not apply to
lights needed for air safety nor lights intended solely to illuminate an architectural feature of a building. 511.D. Diffusion and Shieldins. All light sources, including signs, shall
be properly diffused as needed with a translucent or similar cover to prevent exposed bulbs from being directly visible from streets, public sidewalks, dwellings or adjacent lots. All
light sources, including signs, shall be shielded around the light source and carefully directed and placed to prevent the lighting from creating a nuisance to reasonable persons in
adjacent dwellings dwellings or undeveloped residentiallyzoone areas, and to prevent the lighting from shining into the eyes of passing motorists. 511.E. Flickerins. Flashing, flickering
or strobe lighting are prohibited, except for non-advertising seasonal lights between October 25th and January 10th. 512. EROSION CONTROL. All Borough permits are granted on the condition
that State erosion and sedimentation regulations and any officially submitted erosion and sedimentation plan are complied with. The Zoning Officer may require the submittal of an erosion
and sedimentation control plan whereever soil will be disturbed. Failure to comply with such regulations or plan shall be cause for suspension of Borough permits. 513. PLACEMENT AND
SCREENING OF WASTE CONTAINERS AND OUTDOOR MACHINERY: FENCING OF STORAGE. 513.A. Placement. Whenever reasonable, commercial, industrial and institutional outdoor machinery that could
create a noise nuisance shall be placed towards a side of a building that does not face an abutting existing dwelling, residential district, school or other noise sensitive use. --I
Environmental Protection Page 5 4 I 8
513.B. Solid Waste Containers. 1. 2. 3. Screening. AI1 trash dumpsters shall be screened on 3 of 4 sides (not including the side it is to be emptied from) as needed to screen the dumpster
from view from public streets or dwellings on abutting lots. A solid wooden fence, brick wall, evergreen plants or structure designed to be architecturally compatible with the principal
building shall be used for such screening . Setback from Dwellings. If physically possible, any solid waste container with a capacity of over 15 cubic feet shall be kept a minimum of
15 feet from any window or door of a dwelling unit on an abutting lot. Food Sales. Any use that involves the sale of ready-to-eat food for consumption outside of a building shall provide
and maintain adequate outdoor solid waste receptacles at convenient locations on the property for customer use. 513.C. FencinQ of Outdoor Stomqe and Machinery. The following shall be
secured by fencing or walls that are reasonably adequate to make it extremely difficult for small children to enter: 1. 2. 3. outdoor industrial storage areas involving storage covering
more than 5,000 square feet of land, stationary hazardous machinery and equipment that are outdoors and outdoor bulk aboveground or surface storage of potentially explosive or hazardous
liquids, gases or substances. 514. RADIOACTIVITY AND ELECTRICAL DISTURBANCES. No use shall routinely cause electrical, radio or eli.ctromagnetic disturbances to equipment on other lots.
No radioactive wastes shall be disposed of in any district. 515. FLOOD-PRONE AREAS. 515.A. Purposes. To prevent loss of life and destruction and damage of property; to avoid government
expenditure for flood protection, rescues and reconstruction; to avoid public health and safety hazards; to avoid increases in flood levels and velocities; and to reduce the numbers
of persons unknowingty investing in land or new structures that are prone to flooding. 515.B. Floodplain A~~licabilitvT.h e regulations of this Section shall apply throughout the entire
Borough Borough as "overlay" zoning regulations that supplement the zoning district regulations. Where the regulations of this Section differ from the regulations of any other section
of this Ordinance, the provision that is more restrictive on development shall apply. See the "Liability" section in Article I. 515.C. Description of Flood~lainA reas. For the purposes
of this Article, the "100 Year Floodplain" shall be those areas identified as 'Special Flood Hazard Areas Inundated by 100 Year Flood" on the latest version of the official Flood Insurance
Study for the Borough as issued by the U.S. Federal Emergency Management Agency or its successor agency -which shall hereafter be referred to as the "Federal Floodplain Study." As of
1993, the latest official version was dated July 15, 1992. The 100 Year Floodplain shall consist of both a 100 Year Floodway and a 100 Year Flood-Fringe (although as of 1993, the distinction
between such areas has not been mapped). 1. Floodway -shall mean the channel of a stream plus any adjacent portions of the 100 Year Floodplain that must be kept free of encroachment
in order to prevent the increase of floodlevels by more than 1 foot. Environmental Protection Page 55
2. Flood-Frinse -shall mean portions of the 100 Year Floodplain that are not within the 100 Year Floodway. 3. Floodplain Amendments. The Borough Council may officially amend the 100
Year Floodplain to account for man-made or natural changes, or to incorporate an updated Federal or State study or to accept an appropriate professional study that provides a detailed
analysis of a specific segment of a waterway. However, any such official amendment of the official Floodplain Map requires prior approval of the Federal Insurance Administration or its
successor agency. 4. Interpretation. a. The Zoning Officer shall initially determine the location of the 100 Year Floodplain areas based upon the Federal Floodplain Study. b. Where exact
measurements do not exist, the boundaries of the 100 Year Floodplain areas shall be determined by scaling distances from the official Floodplain Map. The Zoning Officer may request the
advice of the Borough Engineer. The applicant may appeal such determination to the Zoning Hearing Board as a variance. In such case, the full burden of proof shall be on the applicant
to prove that the determination of the Zoning Officer or the study being used is not accurate. See the standards for a professional floodplain study in part "515.D.4" below. c. 5. Definitions.
For the purposes of this Ordinance, the following terms shall have the following meanings: a. Development. Any man-made change to improved or unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. The term "development" shall also include but not be limited
to the placement or development of a "mobile/manufactured home" (as defined below) on a lot. b. Historic Structure. A structure that is: 1) listed individually on the National or PA.
Register of Historic Places or preliminary determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register, or certified or preliminarily
determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary of
the Interior to qualify as a registered historic district, or individually listed on a local inventory of historic places under a program that has been certified by the PA. Historical
and Museum Commission. 2) 3) c. MobileD4anufactured'Home. Shall mean either: a) a structure, transportable in one or more sections, which is built on a permanent chasis and is designed
for use with or without a permanent chasis and is designed for use with or without a permanent foundation when connected to the required utilities; or b) any recreational vehicle or
travel trailer that is placed on a lot for more than 180 consecutive days. d. Substantially Improved. See Section D.6.c. Environmental Protection Page 5-6
515.D. Permitted and Prohibited Uses in the 100 Year Floodplain. 1. Prohibited Uses. Within the 100 Year Floodplain (except in areas that an applicant proves are not within the "100
Year Floodway), each of the following is prohibited: a. b. C. d. e. f. construction, development, placement or extension of a structure that could inhibit the passage of 100 Year floodwaters
or that could reduce the water capacity of a 100 Year Floodplain, filling in or grading within the 100 year floodplain, other than minor finished grading or excavation that the applicant
proves to the written satisfaction of the Borough Engineer will not result in a net reduction in the water carrying capacity of the floodplain, redirections of a perenial waterway, other
than stream improvements authorized by the PA. Fish and Boat Commission that are intended solely to improve aquatic habitats, the development 0.r expansion of any of the following buildings:
1) 2) jails or prisons, 3) nursing homes or hospitals, 4) 5) bulk manure storage, 6) 6) cemeteries or 7) manufactured/mobile homes or manufactured/mobile home parks, junkyards or solid
waste disposal facilities, commercial forestry (other than routine thining of woods). storage of any of the following materials or items that would be: 1) 2) toxic, 3) highly hazardous,
4) explosive or 5) radioactive. buoyant and not anchored or tied down or easily moved within the time available after a flood warning, any new or substantially improved structure that
will be used for the production or storage of any of the following substances or substances invofving a similar degree of hazards any use involving the maintenance of more than 550 gallons
of any of the following substances: Acetone Ammonia Benzene Calcium Carbide Carbon disulfide Celluloid Chlorine Hydrochloric acid Hydrocyanic acid Magnesium Nitric acid and oxides of
nitrogen Environmental Protection Page 5-7
12) Petroleum products (such as gasoline and fuel oil) 13) Phosphorus 14) Potassium 15) Sodium 16) Sulphur and sulphur products 17) Pesticides (including insecticides, fungicides and
rodenticides) 18) Radioactive substances, insofar as such substances are not otherwise regulated 19) Such other substances regulated as "hazardous" under Federal or State regulations
that would represent a threat to water quality 20) For toxic substances -see "e." above. 2. Standards. Before any action affecting the 100 Year Floodplain occurs, the applicant shall
prove to the written satisfaction of the Borough Engineer that: a. b. c. all applicable Borough, State and Federal requirements have been met and applicable permits have been granted,
compensating improvements will be made to prevent any net increase in flood levels or adverse affects on flood velocities and drainage patterns, prior notice has been given of such proposal
to: any municipalities that will be affected by a change in a alteration or relocation of a watenvay has been given prior notice of such proposal, the PA. Department of Community Affairs
and the U.S. Federal Emergency Management Agency, and no development will occur within the 100 year Floodway that would cause an increase in the 100 year flood elevations. d. 3. Permitted
Uses. Permitted uses in the 100 year floodplain (except areas that an applicant proves are riot within the 100 year floodway) shall be limited to the following uses and uses that the
Zoning Officer are closely similar: a. b. d. e. f. 9. h. i. C. nature preserves, plant nurseries, outdoor recreation uses, golf courses, parking areas, yard/setback areas, parking areas
(see setback from Johnston's Run in Section 504) and crop farming. bridges, culverts and similar strtlctures that the applicant proves to the satisfadion of the Borough Engineer will:
1) 2) 3) float over floodwaters or 4) pass over the 100 Year Floodplain or carry stormwater within a Ebrough-approved stormwater improvement or allow 100 Year floodwaters to easily pass
through the structure without causing debris to block the flood channel. 4. Flood-Frinqe Areas. To avoid the application of the prohibition on construction of structures within the 100
Year Floodplain, an applicant may prove to the satisfaction of the Zoning Hearing Board as a special exception, based upon review by the Borough Engineer, that a particular portion of
the 100 Year Floodplain is within the 100 Year Floodfringe and not within the 100 Year Floodway. Such proof shall be based upon a professional hydrological study. Such study shall: Environmental
Protection Page 5 8
1 I a. b. c. only be conducted by a professional engineer, licensed surveyor, registered landscape architect or hydrologist, follow current accepted hydraulic technical methods and Federal
standards, provide sufficient analysis and computation information for the Borough Engineer to determine that such study is accurate. 5. Flood-Frinse. If a floodplain study provided
for within the standards of part ff4." above is accepted by the Zoning Hearing Board, then such study shall be used to define the areas within the 100 Year Floodway and 100 Year Floodfringe
within the studied areas. Structures and additions to structures may then be permitted within the areas determined to be within the 100 Year Floodfringe. In such case, within those areas
of the 100 Year Floodplain found not to be within the 100 Year Floodway, the following provisions may apply: a. all new buildings and all existing buildings that are "substantially improved",
as specified in Section "6" below, shall be: 1) anchored to resist flotation, collapse and lateral movement and 2) fully floodproofed in compliance with this Ordinance and all Borough
Building Codes. This shall include but not be limited to the following: 1) The elevation of the lowest floor (including the basement) of any new or substantially improved residentjal
structure shall be a minimum of 1.5 feet above the 100 year flood elevation. Enclosed areas below this lowest floor are prohibited. 2) The elevation of the lowest floor (including the
basement) of any new or substantially improved non-residential structure shall a) be a minimum of 1.5 feet above the 100 year flood elevation b) be floodproofed up to that height. a)
b) Enclosed areas below this lowest floor (including the basement) are prohibited. Such required floodproofing -shall follow the standards for completely or essentially dry structures
stated in the Army Corps of Engineers' "Flood-Proofing Regulations" publication or some equivalent standard acceptable to the Borough Engineer. The applicant shall ensure that plans
for such floodproofing shall be certified by a professional engineer or architect -certifying that a building has been adequately designed to withstand the 100 Year Flood elevations,
pressures, velocities, impact and uplift forces associated with a 100 Year Flood and that utility extensions have been designed to take the 100 year flood levels fully into account.
6. ExistinQ Structures in Flooddains. a. Structures that existed prior to the adoption of this Section within the 100 Year Floodplain shall not be expanded or enlarged, except: 1) if
a professional floodplain study proves that the area is not within the 100 Year Floodway and the expansion meets the requirements for the 100 Year Floodfriing or for upper story additions
that are not "substantial improvements" and that do not decrease the water carrying capacity of the 100 Year Floodplain or if any negative effects on flood heights are fully offset by
accompanying improvements. 2) 3) Environmental Protection Page 5-9
b. C. d. e. f. Any modification, alteration, reconstruction or improvement to a structure that existed prior to the adoption of this Section within the 100 Year Floodplain +at is equal
in value to less than 50 percent of the structure's market value ** shall to the greatest extent possible be elevated and/or floodproofed. Any modification, alteration, reconstruction
or improvement to a structure that existed prior to the adoption of this Section within the 100 Year Floodplain that is equal in value to 50 percent or more of the structure's market
value ** (which shall be considered to be "substantially improved") shall only occur in full compliance with the provisions of this Article. ** Based upon the value of the structure
before the improvement or repair started and before any flood damage that may be being repaired. Historic and Safety Exception. Parts "b" and "c" above shall not apply to improvements
that are necessary to comply with a Borough, County or State health, safety or sanitary regulation or to to historically rehabilitate and restore a "historic structure" (see definition
above). The applicant shall provide written information to the Zoning Officer on the lowest floor elevation of each structure approved within the 100 Year floodplain. Basement shall
be defined for the purposes of this Section as any area of a building having its floor below ground level on all sides. 7. Floodplain Variances. a. b. C. d. A variance shall not be granted
to the provisions of this Article if such variance would result in unacceptable increased flood heights or to increased threats to the public safety. Any variances to this Article shall
be annually reported to the Federal Insurance Administration. If a variance is granted to allow construction of a structure below the 100 Year Floodplain elevation, the applicant should
be notified in writing by the Zoning Officer that such construction will likely result in increased premium rates for flood insurance, and that the applicant may be creating a risk to
life and property, and that the applicant is completing such work at hisher own risk. The variance shall be the minimum necessary to afford relief. A variance shall not be granted for
any development within the 100 Year Floodway that would cause an increase in the 100 year flood elevations. Environmental Protection Page 5-10
I 1 I I I I I I I I I I I I I 8 ARTICLE VI OFF-STREET PARKING AND LOADING 601. REQUIRED NUMBER OF PARKING SPACES. 601.A. Overall Requirements. 1. Number of Spaces. Each use that is newly
developed, enlarged, significantly changed in type or increased in number of establishments shall provide and maintain off-street parking spaces in accordance with Table 6.1 and the
regulations of this Article. 2. Uses Not Listed. Uses not specifically listed in Table 6.1 shall comply with the requirements for the most similar use listed in Table 6.1, unless the
applicant proves to the satisfaction of the Zoning Officer that an alternative standard should be used for that use. 3. Multiple Uses. Where a proposed lot contains or includes more
than one type of use, the number of parking spaces required shall be the sum of the parking requirements for each separate use, except as may be allowed under Section 601.B. 4. Calculation.
Where the calculation of required parking spaces does not result in a whole number, the calculation shall be rounded to the closest whole number. 601.B. Reduction of Parkins Requirements
by Special Exception 1. Purposes. To minimize impervious surfaces, while ensuring adequate parking; to recognize unique circumstances may justify a reduction in parking. To encourage
the most efficient use of limited space through shared parking. 2. The Zoning Hearing Board may permit a reduction, through the Special Exception process of Section 119, of the number
of parking spaces required if the Applicant proves to the satisfaction of the Board that less parking spaces are needed. a. Proof. To prove that less parking spaces are needed, the applicant
shall provide existing and projected employment, customer, resident or other relevant data. Such data may include a study of parking at similar developments during peak periods of use.
b. Shared Parking. Under this Section, an applicant may seek to prove that parking shared with another use or on an adjacent lot with shared internal access will reduce the total amount
of parking needed because the uses have different peak times of parking need or overlapping customers. Any shared parking using more than 1 lot shall be guaranteed through a long-term
legally binding method acceptable to the Zoning Hearing Board Solicitor, such as an easement or lease. c. Reservation of Future Parking Areas. If a reduction is permitted under this
Section, the Board may require, as a condition of the special exception, that the lot include the reservation (permanently or for a specified number of years) of areas for use if needed
in the future for additional parking. i) Such reservation shall be provided in a legal form acceptable to the Zoning Hearing Board Solicitor. A legally binding deed restriction is recommended.
Parking Page 6-1
In such case, the Applicant shall be required to submit site plans to the Zoning Officer showing where and how the additional parking could be accomplished. Such future parking areas
shall be designed to meet all Borough requirements, including stormwater runoff. Such future parking areas shall not be covered by buildings and shall be attractively landscaped unless
needed for parking. Such additional parking shall be required to be provided within 1 year by the owner of the lot at that time after the Zoning Officer may determine in writing to such
owner that such parking has become needed to meet actual use. Such determination shall be based upon the Zoning Officer’s on-site review on least 3 different days. -_ _ ~ ~ USE TABLE
6.1 OFF-STREET PARKING REQUIREMENTS (See definition of employee in Article 11) NUMBER OF OFF-STREET PARKING SPACES REQUIRED PARKING SPACE FOR PLUS 1 OFF-STREET EACH: A. AGRICULTURAL
USES: 1. Kennel or Non-Household Stable 1 per employee 20 animals of capacity 3. Seasonal Sale of Agricultural Products B. RESIDENTIAL USES: 1. Dwelling Unit 2. Home Occupation 2. Plant
Nursery 1 per non-resident employee 2 per dwelling unit, except 1 per 1 bedroom or efficiency apartment. 1 space plus spaces required for the dwelling unit(s), unless the applicant provides
evidence to the Zoning Officer that the use will not routinely have on-site visitors Non-Resident Employee 1 per employee 4. Boarding House 5. Group Home 250 sq. ft. of indoor sales
floor area and 10,OOO sq.ft. of outdoor sales area ~ 1 per rental unit 1 per every 2 residents capable of driving a vehicle Non-Resident Employee Non-Resident Employee C. INSTITUTIONAL
USES: 1. Place of Worship (indudes Church) ~~~ 3. Housing Permanently Restricted to Persons 55 Years and Older and/or the Physically Handicapped 0.75 per dwellingl rental unit 1 per
4 seats in room of largest capacity Non-Resident Employee 2. Hospital 3. Nursing Home or Personal Care Home 1 per 2 beds Employee 1 per 6 beds Employee Parking Page 6-2 ‘I I 1 1 1 I
I I I I
I USE 4. Day Care Center, Adult or Child MJMBER OF OFFSTREET PARKING SPACES REQUIRED PARKING SPACE FOR PLUS 1 OFFSTREET EACH: 1 per 10 persons cared for Employee 5. School, Primary or
Secondaly 1 per 4 students aged 16 or older, unless such students are not permitted by the institution to have vehicles. Students and Employee 6. Utility Faciliiy 7. Dormitory 8. College,
University or Trade School 9. Library, Community Center or Cultural Center or Museum employees living in dormitories may be considered separately. Vehicle routinely needed to service
facility 1 per 2 residents aged 16 or older, unless such residents are not permitted by the institution to have vehicles 1 per 1.5 students not living on campus who attend class at peak
times (plus required spaces for on-campus housing) Employee Non-resident employee Employee 1 per 4 seats (or 1 per 250 sq. ft. of floor area accessible to patrons if seats are not typically
provided) Employee D. COMMERCIAL USES: ~ ~~ ~ 10. Treatment Center 11. Swimming Pool, Non-Household 1. Auto Service Station or Repair Garage ~ 1 per 2 residents aged 16 years or older
1 per each 4 swimmers of capacity Non-Resident Employee Employee 2. Auto, Boat, Recreational Vehicle or Manufactured Home Sales 3. Bed and Breakfast Use or Motel/Hotel 4. Car Wash All
commercial uses, as applicable, shall provide additional parking or storage needed for maximum number of vehicles stored, displayed or based at the lot at any point in time. These additional
spaces are not required to meet the stall size and parking aisle width requirements of this Ordinance. 5 per repaid service bay and 1/4 per fuel nozzle, plus any spaces required for
retail sales 1 per 15 vehicles, boats, RVs or homes displayed ~~ I per rental unit, plus for a bed and breakfast use plus the 2 per dwelling unit, plus any parking needed for a restaurant
open to nonquests 2 spaces per washing lane or stall, which may indude waiting, dxying or vacuuming areas Non-resident employee Employee Employee Employee Parking Page 63
USE 1 per employee working on-site on peak shift 1 per 25 storage units NUMBER OF OFFSTREET PARKING SPACES REQUIRED Employee 5. Financial Institution (includes bank); Personal Service
Use; Indoor Recreation; Membership Club; Retail Sales 6. Offices or dinic, Medicaydental or veterinaly veterinarian 7. Offices, not including medical/dental offices 8. Outdoor Recreation
9. Restaurant; Tavern; Nightclub 1 per 200 sq. ft. of indoor floor area accessible to customerdmembers 6 per physician, dentist, chiropractor or 1 per 225 sq. ft. of total floor area
accessible to people, minimum of 3 per establishment 1 per 3 persons of capacity 1 per 4 seats 10. Funeral Home 11. Adult Use 12. Theater or Auditorium E. INDUSTRIAL USES: All industrial
uses (including warehousing, distribution and manufacturing) SelfStorage Development 1 per 4 seats, based upon rooms intended to be in use at one time 1 per 30 sq. ft. of total floor
area 1 per 5 seats In addition to parking or storage needed for maximum number of vehicles stored, stored, displayed or based at the lot at any point in time, which spaces are not required
to meet the stall size and aisle width requirements of this Ordinance PLUS 1 OFFSTREET PARKING SPACE FOR EACH: Employee Employee Employee 1.5 Employees 1.5 Employees hdovee Employee
601.C. Town Center Exemption and Reduction. In recognition of the need to encourage reuse of building space in the downtown, and recognizing the availability of on-street parking, off-street
parking shall: 1. not be required for uses located within the TC1 or TC2 district, except any net increased number of dwelling units or rooming house units; on a lot compared to what
lawfully existed at adoption date shall be required to provide parking. 602. GENERAL REGULATIONS FOR OFF-STREET PARKING. 602.A. General. Parking spaces and accessways shall be laid out
to result in safe and orderly use, and to fully take into account all of the following: vehicular access onto and off the site, vehicular movement within the site, loading areas, pedestrian
patterns and any drive-thru facilities. No parking area shall cause a safety hazard or impediment to traffic off the lot. Parking Page 64 I
602.B. Existins Parkinq. I ' (I 1 I I I 1 I I I I I I I ' 1. Structures and uses in existence at the effective date of this Ordinance shall not be required to add additional parking
spaces for that existing structure
or area of use to meet the requirements of this Article, except as provided in 602.C. below. Any existing parking spaces serving structures or uses that exist at the time of adoption
of this Ordinance shall not be reduced in number below the number required by this Ordinance, as long as the use or building to which the spaces serve continues to exist. 2. 602.C. Chanqe
in Use or Expansion. A building or use shall provide the total number of parking spaces that would be required if the entire preexisting and proposed uses would be newly developed under
this Article, instead of only being required to provide the additional uses for the change or expansion, if both of the following conditions would be met: 1. the principal use significantly
changes in type or expands by a measure used in this Article to determine parking need (such as floor area, maximum number of employees, number of dwellings units or seating capacity),
and if such expansion or change would increase the number of required parking spaces from what would have been required for the previous use by at least 10 percent or 20 spaces, whichever
is less. 2. 602.D. Use of Parkinq and Loadins Spaces. No required parking area or off-street loading spaces shall be used for any other use (such as storage or display of materials)
that interferes with the spaces' availability for parking. 602.E. Location of Parkinq: OffSite Parkinq Required off-street parking spaces shall be on the same lot, or abutting lot in
common ownership, with the principal use served, except: 1. if the applicant proves to the satisfaction of the Zoning Officer that the required parking spaces will be provided within
400 feet of the entrance of the principal use being served. In such case, the applicant shall prove such parking will be available through a long-term lease or other appropriate guaranteed
legally-binding method during the entire time period such use or building will be in use. 602.F. Junk Vehicles. A "Junk Vehicle" (as defined by Article 11) shall not be parked or stored
on a lot outside of an enclosed buiJdjng if such vehicle is visible from a street or dwelling, except as permitted junkyard, service station or auto repair. 603. DESIGN STANDARDS FOR
OFF-STREET PARKING. 603.A. General Requirements. 1. Access and Separation from Street. a. No parking area shall be designed to require or encourage parked vehicles to back into a public
street in order to leave a parking space, except for a single family or two-family dwelling that has its access onto a local or collector street or parking court. All areas for off-street
parking, off-street loading and unloading and the storage or movement of motor vehicles shall be physically separated from the street by a raised curb, planting strip, wall or other
suitable barrier against unchanneled motor vehicle entrance or exit, except for necessary and approved vehicle entrances and exits to the lot: b. Parking Page 65
2. 3. 4. 5. 603.B. 1. 2. 3. 4. 603.C. 1. 2. 3. c. AI1 commercial and industrial parking areas approved after the adoption of this Ordinance shall be separated from the street by a grass
or landscaped strip of land. See Section 603 .G . d. See Borough ordinances pertaining to sidewalks and streets. Every required parking space shall be designed so that each motor vehicle
may proceed to and from the parking space provided for it without requiring the moving of any other vehicle, except for a single family, two-family or townhouse dwelling. Parking areas
shall not be within any of the following: a required buffer, an existing street right-of-way or a required paved area setback. Defined Traffic Ways. In any lot with more than 30 off-street
parking spaces, raised curbs and landscaped areas shall be used to direct traffic within the lot. Major vehicular routes shall be separated as much as is reasonable from major pedestrian
routes within the lot. Stacking. Each lot shall provide adequate area upon the lot to prevent back-up of vehicles on a public street while awaiting entry to the lot, or while waiting
for service at a drive-thru facility. Size and Markincr of Parkinq Spaces. Each parking space shall be a rectangle with a minimum width of 9 feet and a minimum length of 18 feet, except:
For single family detached and single family semidetached dwellings, each space shall be a rectangle of a minimum of 8 by 15 feet. The minimum length shall be 22 feet for parallel parking.
All spaces on paved parking lots of over 30 spaces shall be marked to indicate their location. If a parking area is permitted to not be paved, then a minimum width of 10 feet per space
shall be used (see Section 603.E.2.). Aisles. Each aisle providing access to stalls for one-way traffic only shall be at least the minimum aisle width specified as follows: Angle of
Parking Minimum Aisle Width Parallel or 30 degrees 45 degrees 60 degrees 90 degrees ~~~ 12 feet 14 feet 16 feet 18 feet Each aisle providing access to stalls for two-way traffic shall
be at least 24 feet in width, except a width of 20 feet may be allowed for: a) b) areas of parking that are clearly primarily for employees or parking areas with spaces that are parallel
or involve an angle of parking of 45 degrees or less. Maximum length of parking aisle-250 feet. Parking Page 6-6 I I I 1 I I I I I I I I I 1 I 1 I I I
603.D. 1. 2. 603.E. 1. 2. 603.F. 603.G. 1. 2. Access Drives and Driveways. Width of Driveway/Accessway at Entrance onto Public Street (at the edge of the cartway)* l-Way Use 2-Way Use
Minimum 12 feet 20 feet Maxi mum 35 feet 50 feet * Unless a different standard is required by PennDOT for an entrance to a State road. ................................................................
..................... Sight Distance for Driveways. See SALDO. Pavinq, Gtadins and Dminaqe. Parking and loading facilities and including driveways shall be graded and adequately drained
to prevent erosion or excessive water flow across streets or adjoining properties. Adequate provisions shall be made to maintain uninterrupted parallel drainage along a public street
at the point of driveway or access drive entry. Except for landscaped areas, all portions of required parking, loading facilities and driveways shall be surfaced with asphalt, concrete,
tar and chip or paving blocks or similar impervious surface that applicant proves to satisfaction of Zoning Ordinance is suitable, except that portions or all of parking areas may be
left in grass or stones where the applicant proves to the full satisfaction of the Zoning Officer that: a. b. the frequency and duration of the use of the parking area would not cause
any need for paving and dust will be adequately controlled on any stoned areas. Liqhtinq of Parkinq Areas. Any parking area of 10 or more spaces designed for use during night hours shall
be adequately illuminated for security purposes at no cost to the Borough. See also Section 511 "Light, Glare and Heat Control." Paved Area Setbacks (inchdins Offstreet Parkinq Setbacks).
Intent. To ensure that parked or moving vehicles within a lot do not obstruct sight distance or interfere with pedestrian traffic, to aid in storm water management along streets and
to prevent vehicles from entering or exiting a lot other than at approved driveways. Uses Within the Paved Area Setback. a. The paved area setback required by this section (together
with any existing street right-of-way area that is not used as a cartway, street shoulder or on-street parking) shall be maintained in natural groundcover (such as grass) and shall not
be used for any of the following: 1) paving, except for approved perpendicular driveway/access drive crossings and except any brick or concrete sidewalks or asphalt bikepaths of 8 feet
wide or less, 2) fences or 3) parking, storage or display of vehicles or items for sale or rent. The paved area setback may include the following: 1) permitted freestanding signs, 2)
storm water facilities that are not impervious, 3) concrete or brick sidewalks or asphalt bikepaths of 8 feet wide or less or 4) approved perpendicular driveway crossings. b. Parking
Page 6-7
3. A minimum paved area setback of 5 feet shall apply between the curbline of a street and any paved areas developed after the adoption of this Ordinance serving new townhouse, apartment
or commercial or industrial developments. 4. Buffer Areas Between Uses. See Section 803. 603.H. Paved Area Landscapinq, 1. Any lot that would include more than 20 parking spaces shall
be required to provide landscaped areas within the paved area. A maximum of 15 consecutive and contiguous parking spaces in a row shall be allowed without being separated by a landscaped
area. 2. One deciduous tree shall be required for every 3,000 square feet of paved area. This number of trees shall be in addition to any trees required by any other section of this
Ordinance or by the Borough Subdivision and Land Development Ordinance. 3. Trees required by this section shall meet the following standards: a. Type of Trees Permitted, Required trees
shall be chosen from the following list of approved street trees, unless the applicant proves to the satisfaction of the Zoning Officer that another type of tree would shade paved areas,
be attractive and be resistant to disease, road salt and air pollution. TYPES OF DECIDUOUS TREES PERMITIED TO MEET ORDINANCE REQUIREMENTS ~ ~~~~ ~~~ _ _ Acer rubrum -American Red Maple
Acer saccharum -Sugar Maple Celtis occidentalis -Common Hackberry Fagus sylvatica -European Beech Fraxinus americana -White Ash Fraxinus pennsylvania -Green Ash Ginko biloba fastigiata
-Maiden Hair Tree (male only; female has noxious odor) Gleditsia triacanthos -Thornless Locust Liriodendron tulipifem -Tulip Poplar Quercus alba -White Oak Quercus acutissima -Sawtooth
Oak ~ ~~ Quercus borealis -Red Oak Quercus coccinea -Scarlet Oak Quercus macrocarpa -Bur Oak Quercus imbricaria -Shingle Oak Quercus montana -Chestnut Oak Quercus velutina -Black Oak
Quercus phellos -Willow Oak Sophora japonica -Chinese Scholar Tree Tilia americana -American Ljnden Tilia cordata -Little Leaf European Linden Tilia euchlora -Crimean Linden Tilia petiolaris
-Silver Linden Zelkova serrata -Zelkova Note-This Ordinance only regulates the species of trees that are used to meet requirements of the Borough. The species of trees that are not required
by Borough ordinances are not regulated. b. c. d. Quality of Trees. Required trees shall be of symmetrical growth and free of insect pests and disease. Minimum Size. The trunk diameter
(measured at a height of 1 foot above the finished grade level) shall be a minimum of 2 inches or greater. Planting and Maintenance. Required trees shall be: i) planted in conformance
with good landscaping practices, with adequate unpaved surface around each for water and air and ii) properly protected by raised curbs, distance or other devices from damage from vehicles.
Parking Page 6-8
I i I i. TOTAL NO. OF REQUIRED PARKING SPACES ON THE LOT 1 REQUIRED MINIMUM NO./PERCENT OF HANDICAPPED PARKING SPACES I I 151 to 200 201 to 300 301 to 400 1 6 7 8 I 401 to 500 501 to
Lo00 1 8 1 1 I E 9 2% of required number of spaces 603 .I. 1. 2. 3. 4. 5. e. A required tree shall not be removed without being replaced by another tree that meets the requirements of
this section. Trees which have died or have become diseased or pest ridden shall be replaced by the property-owner at such time. Handicapped Parkincr. Number of Spaces. Any lot including
4 or more off-street parking spaces shall include a minimum of one handicapped space. The following number of handicapped spaces shall be provided, unless a revised regulation is officially
established under the Federal Americans With Disabilities Act: 11 4 to 25 1 11 26 to 50 1 2 11 51 to 75 3 II 76 to 100 1 4 11 101to 150 1 5 II 1,001 or more 20 plus 1% of required number
of spaces over Location. Handicapped parking spaces shall be located where they would result in the shortest reasonable accessible distance to a handicapped accessible building entrance.
Curb cuts shall be provided as needed to provide access from the handicapped spaces. Minimum Size. Each required handicapped parking space shall be 8 by 18 feet. In addition, each space
shall be adjacent to a 5 feet wide access aisle. Such access aisle may be shared by two handicapped spaces by being placed between them. However, 1 out of every 8 required handicapped
parking spaces shall have an adjacent access aisle of 8 feet width instead of 5 feet. Slope. Handicapped parking spaces shall be located in areas of less than 6 percent slope in any
direction. Marking. All required handicapped spaces shall be well-marked by clearly visible signs and/or pavement markings. Parking Page 6-9
604. OFF-STREET LOADING. 604.A. General Requirements. 1. Each use shall provide off-street loading facilities, which meet the requirements of this Section, sufficient to accommodate
the maximum demand generated by the use. 2. At the time of site plan or land development review, the applicant shall provide evidence to the Planning Commission, who may advise the Zoning
Officer, on whether the use will have sufficient numbers and sizes of loading facilities. For the purposes of this Section, the words "loading" and "unloading" are used interchangeably.
604.B. Desian and Lavout of Loadins Facilities. Off-street loading facilities shall meet the following requirements: 1. Each off-street loading space shall be at least (in feet): Trucks
Other than tmctortraiilers pick-ups or vans 10 25 Pick-Up Truck or Van 9 18 2. Each space shall have sufficient maneuvering room located entirely on the lot being served to avoid conflicts
with parking and traffic movements within and outside of the lot. No facility shall be designed or used in such a manner that it threatens a safety hazard, public nuisance or a serious
impediment to traffic off the lot. Loading spaces and maneuvering areas shall not intrude into required buffer areas or paved area setbacks. 3. An appropriate means of access to a street
shall be provided. 4. Paving, Grading and Drainage. See Section 603.E. 604.C. Fire Lanes. Fire lanes shall be provided where required by State or Federal regulations or other local ordinances.
The specific locations of these lanes are subject to review by Borough Fire Officials. Parking Page 6-10
1 !I ARTICLE VI1 SIGNS 70 1. APPLICABILITY. 701 .A. Purposes. This Article is intended to: promote and maintain overall community beautification; establish reasonable time, place and
manner regulations on the exercise of free speech, without regulating content; promote traffic safety by avoiding distractions and sight distance obstructions; protect property values
and ensure capatibility with the character of neighboring existing and planned land uses; and assist in carrying out the goals of the Pennsylvania Outdoor Advertising Act, as amended.
701.B. Permit Required. A permit under this Ordinance shall be required for all signs except for: a) signs meeting the requirements of Section 703 and b) window signs that are not of
a permanent nature. Only types, sizes and heights of signs that are specifically permitted by this Ordinance within the applicable District shall be allowed. 701.C. Chanqes on Siqns.
Any lawfully existing sign (including nonconforming signs) may be painted or repaired or changed in message without a new permit under this Ordinance provided that the changes do not
increase the sign area or otherwise result in noncompliance or an increased non-conformity with this Ordinance. 702. NONCONFORMING SIGNS. Signs legally existing at the time of enactment
of this Ordinance and which do not conform to the requirements of the Ordinance shall be considered nonconforming signs. Any nonconforming sign which is removed or destroyed shall be
replaced only with a conforming sign, except as provided as follows: 1. If a non-conforming sign had been specifically approved by the Zoning Hearing Board, then it may be replaced by
right with a similar non-conforming sign that is not greater in height or sign area. 2. The Zoning Hearing Board may by special exception allow the voluntary replacement of existing
lawful nonconforming signs with new non-conforming signs, provided that the applicant proves to the satisfaction of the Zoning Hearing Board that all new signs would be significantly
less nonconforming than the the signs being replaced. 703. MISCELLANEOUS SIGNS NOT REQUIRING PERMITS. The following signs shall be permitted by right within all zoning districts within
the following regulations, and shall not be required to have a permit under this Article, but shall be subject to the requirements of Article IX if located in the Historic District.
A non-permanent sign that is not permitted by this Article may be removed by the Zoning Officer. Signs Page 7-1
TYPE AND DEFINITION OF SIGNS NOT REQUIRING PERMITS MAX. NO. OF I SIGNS ~ PER LOT -~ Asricultural Products Siqn -Advertises the sale of agricultural or livestock products clearly primarily
produced or raised on the premises of a principal agricultural use, or the seasonal sale of Christmas trees. Directional Sign -signs providing information indicating traffic direction,
entry or exit, loading or service area, directions to apartment numbers or parking courts in a development, fire lanes, parking or closely similar information regarding the same lot
that the sign is on, and that do not include advertising. 2 ~~ Garaqe Sale or Real Estate Open House Siqn-advertises a garage sale/porch sale or auction or an open house of a property
for sale. 10 MAX. SIGN AREA PER SIGN NO maximmum OTHER REQUIREMENTS Shall only be posted during seasons when such products are actively offered for sale. Shall be placed a max. of 72
hrs. before permitted garage sale or auction begins, and be removed max. of 24 hrs. after event ends. Identification Siqn-only identifies the name of the resident and/or the name, street
address and/or use of a lot, but that does not include advertising. Official Sisn-posted within the existing right-of-way of a public street and officially authorized by the State, County,
Borough or other legally constituted governmental body, or specifically authorized by Borough ordinance or resolution, and which exists for public purpos&s. this may also include signs
memorializing a historic person or feature or event. Signs Page 7-2 Not regulated by this Ordinance.
TYPE AND DEFINITION OF SIGNS NOT REQUIRING PERMITS Political Siqn-advertises a person or party seeking political office or a political cause or opinion on a referendum or matter of political
concern and which relates to a scheduled election or matter of upcoming vote by a governmental body. MAX. NO. OF SIGNS PER LOT Proposed Development Siqnannoounce a proposed subdivision
or land development for which a sketch, preliminary or final plan has been submitted to the Borough, and which would involve a minimum of 10 dwelling units or a nonresidential principal
building. Real Estate Siqn-advertises the availability of property on .which the sign is located for sale, rent or lease. 4 1 1 per street the lot abuts MAX. SIGN m PER SIGN 10 per sign
20 10 OTHER REQUIREMENTS Shall be placed a max. of 120 days prior to election, vote or referendum and removed a max. of 14 days after such election, vote or referendum. If a political
sign does not meet these requirements, then it shall be regulated as an "offpremmise sign." Shall only be placed after the submission of a sketch, preliminary or final subdivision or
land development plan to the Borough, and shall be removed when any of the following occur: 1) if such plan is rejected or withdrawn, 2) for a residential development, when all of the
approved units are sold or 3) for a nonresidential development, when a permanent sign is placed. Shall only be placed on the property while it is actively for sale, lease or rent, and
shall be removed a max. of 7 days afier settlement or start of lease. I I Signs Page 7-3
TYPE AND DEFINITION OF SIGNS NOT REQUIRING PERMITS Temporary Siqns. Signs advertising a charitable event, work being done by a contractor on-site and closely similar signs that are not
posted for more than 60 days in any calendar year. Small Siqn-signs that: -state the name of a recognized incorporated service organization or place of worship and that states the place
and times of meetings or services and/or an arrow directing persons to such location, -that indicate trespassing is prohibited on a lot, -that only include information required to be
posted outdoors by a government agency or the Borough, -that canr-!ot be read by a person of normal eyesight from a public street or exterior lot line, or -that state the availability
of restrooms, telephone or other similar public convenience, MAX. NO. OF SIGNS PER LOT MAX. SIGN AREA PER SIGN 20 4 OTHER REQUIREMENTS If such signs are not removed within 60 days (other
than contractor's signs posted for a longer period while work is actively underway), the Borough may removed such signs at the expense of the owner of the property. Not regulated by
this Ordinance. * Maximum sign areas are for each of 2 sides of each permitted sign, measured in square feet. 704. FREESTANDING, WALL AND WINDOW SIGNS. 704.A. The following are the signs
permitted on a lot within the specified districts and within the following regulations, in addition to "Exempt Signs" and "Temporary Signs" permitted in all districts by other provisions
of this Article. See definitions of the types of signs in Section 711. Signs Page 7 4
I 1 I 1 8 I 8 I 1 I I I 8 I 1 8 ZONING DISTRICT OR TYPE OF USE 1. In a Residential District for: a) permitted nonresiddentia principal buildings (such as places of worship) or b) for
developments of more than 15 rental dwelling units 2. In a Residential District-other than uses listed in row “1.“ above 3. In a Commercial District -not within the Historic District
4. In portions of the “Historic District” that are not residentially zoned. No sign in the Historic District shall be internally illuminated. See Section 905.A. 5. In the “I” District
~~ MAXIMUM HEIGHT OF FREESTANNDIN AND PROJECTING SIGNS ** 12 feet 6 feet 20 feet 10 feet 20 feet MAX. SIGN AREA (each of 2 sides) STANDING SIGNS AND NUMBER OF FREEMaax of 1 sign per
street which the use abuts upon, with a max. sign area of 12 sq. ft. on each side of such sign. Such signs shall not be internally illuminated. Maximum of 4 square feet. Such signs shall
not be internally illuminated. Max. of 1 sign per abutting public street, each with a max. area of 20 sq. ft. on each of 2 sides. *** Max. of 1 freestanding sign, which shall not obstruct
walkways and which shall only be allowed if within a landscaped area between the building and the street right-of-way. Such sign shall have a max. area of 10 sq. ft. on each of 2 sides.
Maximum of 1 sign per abutting public street, with a maximum of 20 sq. ft. on each of 2 sides. MAX. SIGN ARE(\ OF WALL AND PROJECTING SIGNS (see Section 704.B. for height of wall signs)
(see Section 704.D. for “window signs“) Wall or projecting sign: Max. total of 20 sq. ft. of each of 2 faces. No sign shall project more than 3 feet from a building. Shall not project
more than 3 feet from a building. Total maximum of 1 freestanding, wall or projecting sign, which may advertise a lawful home occupation. For projecting sign: maximum of 1 per building,
with maximum of 12 sq. ft. per side, and which shall be not be internally illuminated. For wall signs: max. total of 20 sq. A. per building face on up to 2 faces of a building. For projecting
sign: maximum of 1 per building, with maximum of 12 sq. fi. per side. For wall signs: total maximum of 12 sq. ft. per building face on up to 2 faces of a building. The total of all wall
and projecting signs shall not be greater than a total of 10% of the area of the building face on which each sign or set of signs are located, up to a maximum total of 50 sq. ft. per
building face on up to 2 faces of a building. Signs Page 75
** *** See definition of Sign Height in Section 711. AI freestanding signs abutting one street may together have a total maximum sign area of 80 square feet per side if the lot includes
6 or more separate and distinct retail, industrial and/or wholesale business establishments. 704.B. Heiqht of Proiectinq and Wall Siqns. 1. The maximum height of wall signs shall be
equal to the total height of the building to which they are attached. Projecting signs where pennitted shall have a maximum height of 12 feet and a minimum clearance over a public sidewalk
of 8 feet. The applicant shall prove to the satisfaction of the Zoning Officer or Building Officer that any projecting sign will be adequately secured to the building. 2. 704.C. Siqns
on Mobile Stands. 704.D. 1. 2. 3. Purpose. These standards recognize signs on mobile stands as a particular type of sign that has the characte-ristics of a temporary sign but that has
been inappropriately used as a permanent sign. -This Section is based on the policy that if a use use desires to regularly display a sign for regularly changing messages, that it erect
a permanent sign within all of the requirements of this Ordinance. Definition of a "Sign on a Mobile Stand"-A freestanding sign that is attached to a chassis that allows it to be towed
from one location to another, or that is designed to be transported on the back of a truck, and that has no permanent foundation. A Sign on a Mobile Stand, including any such sign that
may have been displayed prior to the adoption of this Ordinance and which does not have a lawful permit as a permanent sign, shall only be permitted if it meets all of the following
requirements: a. b. c. d. e. f. 9. Shall be permitted only in the GC District. Shall have a maximum sign area of 40 square feet on each of a maximum of two sides. Shall only include
1 such sign per principal use or per lot, whichever is more restrictive. Shall need a sign permit, which shall state the dates during which the sign may be displayed. Shall only be displayed
on a lot for one period per year, which shall not exceed 30 days. Shall not obstruct safe sight distance to vehicles within or off the lot. Shall not be placed within the existing street
right-of-way. Shall not include flashing or blinking lights. Window Siqns. 1. Window signs which are constructed of paper or cardboard, which are not illuminated and which are placed
in the interior of a building and which advertise goods or prices and which are designed to be changed on a periodic basis are not regulated by this Ordinance. Other types of window
signs that are readily visible and can be at least partially read from an exterior lot line and which are attached to a window or transparent door or that can be read through a window
or transparent door shall be regulated as wall signs. 2. Signs Page 7-6
705. ABANDONED OR OUTDATED SIGNS. Signs advertising a use no longer in existence (other than a sign relating to a building that is clearly temporarily vacant and being offered to new
tenants or for purchase) shall be removed within 180 days of the cessation of such use. 706. LOCATION OF SIGNS. The following shall regulate the location of signs: 706.A. Setback From
Streets. No sign or portion thereof shall be erected within or project over any existing street right-of-way and/or a public sidewalk, except: Official Signs, Directional Signs, specifically
permitted "Projecting Signs" and non-commercial bannners authorized by Borough Council. Projecting signs may extend a maximum of 5 feet from a building and 5 feet into a street right-of-way,
unless otherwise stated. 706.B. Siqht Distance. No sign shall be so located or arranged that it interferes with safe sight distances for vehicles within a lot. Signs in a location that
may reduce sight distance shall have a minimum clearance of 4 feet above the ground, except for structural posts. 706.C. Off-Premises. No sign except a permitted Off-Premise, Official,
Political, Garage Sale, Open House or Public Service Sign shall be erected on a property to which it does not relate. 706.D. Setbacks. No freestanding sign for a commercial or industrial
business shall be located within 15 feet of the lot line of an existing principally residential use or undeveloped residentially zoned land. A sign is not required to meet setback requirements
for accessory structures. 707. ILLUMINATION OF SIGNS. 707.A. See Section 511, "Light, Glare and Heat Control." 707.B. Times of Illumination. It is strongly encouraged that signs within
100 feet of and shining towards a dwelling or a residential district not be illuminated between the hours of 1O:OO p.m. and 6:OO a.m. 708. VEHICLES FUNCTIONING
AS SIGNS. Any vehicle or structure to which a sign is affixed in such a manner that the carrying of such sign or signs no longer is incidental to the primay purpose of the vehicle or
structure but becomes a primay purpose in itself shall be considered a freestanding sign and as such shall be subject to requirements for freestanding signs in the district in which
such vehicle or structure is located. 709. PROHIBITED SIGNS. The following signs are prohibited in all zoning districts: 709.A. Flags and banners that contain a commercial message and
that do not meet the requirements for a permitted sign. 709.B. Flashing, blinking, twinkling, animated or moving signs of any type, except time and temperature signs. This restriction
specifically includes window signs, but does not prohibit Christmas lighting or displays, within Section 703. 709.C. Signs which emit smoke, visible vapors or particles, sound or odor.
709.D. Signs which contain information that states or implies that a lot may be used for any purpose not permitted under the applicable provisions of this Ordinance. Signs Page 7-7
709.E. Signs that are of such character, form, shape or color that they imitate or resemble any official traffic sign, signal or device or that have any characteristics which are likely
to confuse or distract the operator of a motor vehicle on a public street (such as prominent use of the words "Danger" or "Stop"). 709.F. Signs that use reflective materials to give
the appearance of flashing, blinking, twinkling or electronically changing messages. 709.G. Signs or displays that include words or images that are obscene, pornographic or that an average
reasonable person would find highly offensive to public decency. 709.H. Balloons of greater than 25 cubic feet that are tethered to the ground or a structure and are primarily intended
for advertising purposes, except as provided as a "special sale sign." 709.1. Floodlights and Lasers, except as is permitted as a "special sale sign" under Section 703. 710. CONSTRUCTION
OF SIGNS. Every permanent sign permitted in this section shall be constructed of durable materials and shall be kept in good condition and repair. Any sign which becomes dilapidated
or unsafe-may be repaired or removed by the Borough at the expense of the owner or leasee of the property on which it is located, after providing written notice to such owner or leasee.
711. MEASUREMENT AND MAJOR TYPES OF SIGNS. 711.A. Siqn Definitions. The following definitions shall be used in determining whether signs meet the measurement and type requirements of
this Article: 1. 2. 3. 4. 5. 6. 7. 8. Buildinq Face. The vertical area of a particular side of a building, but not including the area of any slanted roof. Freestandinq Siqn. A sign which
is self-supporting upon the ground or which is primarily supported by poles attached to the ground and not primarily supported by a building. Heiqht of Siqn. The vertical distance measured
from the average ground level surrounding a sign to the highest point of the sign and its supporting structure. Religious symbols, when not accompanied by lettering, shall not be restricted
restricted by the sign heights of this Article when attached to a tower or spire of a place of worship. Illuminated Siqn, Externally. A sign that is not "internally illuminated." Illuminated
Sian. Internally. A sign illuminated by light from within the sign rather than a source adjacent to or outside of the sign. A sign within a display case with lights only shining onto
the front of the sign shall be considered to be "externally" illuminated. Off-Premise Siqn. See Article 11. Proiectina Siqn. A sign that projects more than 18 inches from the wall of
a building, and which is permanently attached to such wall. Sian. See Article 11. Signs Page 7-8
9. Wall Siqn. A sign primarily supported by or painted on a wall of a building and which does not project more than 18 inches from such wall, or that is displayed on the surface of a
permitted awning or canopy. 711.B. Measurement of Siqn area. 1. 2. 3. 4. 5. Sign area shall include all lettering, wording and accompanying designs and symbols, together with related
background areas on which they are displayed. One "freestanding sign" may include several signs that are all attached to one structure, with the total "sign area" being 'the total area
of all signs on the structure. The sign area shall not include any structurally supporting framework, bracing, or clearly defined wooden framing if such area does not include any display,
lettering or sign and if such area is clearly incidental to the sign area itself. Where the sign consists of individual letters or symbols attached to or painted directly on a building
or window, other than an illuminated background that is a part of the sign, the sign area shall be be the smallest rectangle that includes all of the letters and symbols. In computing
the permitted sign area of a sign with 2 sides, the permitted total sign area shall be based upon the sign area of only one side (the larger of any two if they differ). If the interior
angle formed at the inside of the two sides of a two-sided sign is greater than 60 degrees, then the total area of both sides shall not be greater than the permitted total sign area.
No sign shall have more than 2 sides or faces. Unless otherwise specified, all square footages in regards to signs are maximum sizes. 712. OFF-PREMISE SIGNS (Includincr Billboards).
712.A. Purposes: Off-premise signs are controlled by this Ordinance for the following purposes, to: ensure that a physical environment is maintained that is attractive to desirable types
of development, especially light industrial and office parks; prevent visual pollution in the Borough and protect property values, especially in consideration of the fact that most commercial
areas of of the Borough are within close proximity to existing residences; prevent glare on adjacent property and streets; avoid the creation of additional visual distractions to motorists,
especially along busy arterial streets that involve complex turning movements, congestion and numerous traffic hazards; recognize the numerous alternative forms of free speech available
in the Borough, including existing nonconforming off-premise signs, on-premise signs and temporary signs and printed and electronic media; recognize that this Ordinance allows every
landowner a reasonable use for their land; avoid off-premise signs that would have an unfair advantage over on-premise signs in the competition for attention, because off-premise signs
typically are higher and larger than on-premise signs; carry out the purposes listed in Section 701. 712.B. Nonconformins Off-Premise Siclns. This section is not intended to require
the removal of an existing lawfully-placed off-premise sign that is in structurally sound condition. 712.C. Commercial and Noncommercial. This section applies to both commercial and
noncommercial off-premise signs except as may be specifically provided for elsewhere in this Ordinance. Signs Page 7-9
712.D. PennDOT Sian. Signs erected and maintained by the PennDOT are permitted by right in all Districts. Such signs that identify business services available at an interchange are specifically
encouraged as an appropriate and orderly means of providing information without causing visual pollution or traffic hazards. 712.E. Permitted Off-Premise Sians. Based directly on the
intent statements within this Ordinance, off-premise signs are only permitted if they meet the following requirements, except for exempt signs under Section 703. 1. 2. 3. 4. 5. 6. 7.
District. An off-premise sign is only permitted in the PC and I Districts. Location. An off-premise sign is only permitted within a maximum of 200 feet of existing right-of-way of an
arterial street and a minimum of 10 feet from any non-residential lot line. Maximun Sign Area -300 square feet. Maximum Height -80 feet. See definition in Section 711. Spacing. Any off-premise
sign shall be separated by a minimum of 600 feet from any other off-premise sign, including signs on either side of a street and including existing signs in other municipalities. No
lot shall include more than 1 off-premise sign. Attached. No off-premise sign or sign face shall be attached jn any way to any other off-premise sign. Off-premise signs shall have a
maximum of 1 sign face. Lighting and Glare. See standards in Section 511. Residences. No off-premise sign shall be located within 150 feet of an existing dwelling or undeveloped residentially
zoned land, and shall be directed in such a way that lighting shines directly onto abutting dwellings. Signs Page 7-1 0
ARTICLE VI11 GENERAL REGULATIONS 801. FRONTAGE ONTO IMPROVED STREETS: NUMBER OF USES OR BUILDINGS; MINIMUM SIZE OF DWELLINGS. 801.A. Frontacre Reaujred onto an Improved Street. 1. Every
principal building shall be built upon a lot with permanent access onto a public street which has a minimum paved cartway width of 16 feet, unless one of the following exceptions exist:
a. if Borough Council specifically approves a private street under the Subdivision and Land Development Ordinance, b. in the case of townhouses or apartments, if the dwellings have access
onto a parking court or shared driveway which then has access onto such public street, c. a pre-existing lawful lot which has access onto an existing private street or alley that does
not meet Borough standards, the lot may be used for a single permitted by right principal building; however, any new lots shall only be created if they meet the street access requirement.
801.B. Multiple Uses in a Buildinq, Occupancy of a principal commercial or industrial building by more than one permitted use is specifically allowed, provided that all other requirements
of this Ordinance are satisfied. 801.C. Multi~le Buildinss on a Lot. An approved commercial, institutional, industrial or low-rise apartment lot may include more than one principal building.
In such case, the minimum front, side and rear yard requirements shall only be apply at lot lines of the property. Individual buildings or portions of such buildings may be held in approved
condominium ownership, but the lot shall be owned by a single legal entity. 802. SPECIAL LOT AND YARD REQUIREMENTS EXCEPTIONS. 802.A. In Genem!, 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, nonimpervious areas and off-street parking areas. 2. Emergency Access. All uses and structures shall have adequate provisions for access by emergency vehicles. 3. 3. Accuracy.
The applicant is responsible to make sure that all measurements submitted to the Borough are accurate. 802.B. ExceDtions to Minimum Lot Areas, Lot Widths and Yards. 1. Nonconforming
Lots. See Section 806. 2. Triangular Lots. A three-sided lot shall have one side yard and one rear yard. General Regulations Page 8-1
3. 4. 5. 6. Projections Into Required Yards. a. Miscellaneous Projections. Cornices, eaves, sills or other similar architectural features, exterior stainva,ys, fire escapes or other
required means of egress, wheelchair ramps, rain leads or chimneys or other similar structures that do not include space usable by persons may extend or project into a required yard
a maximum of 3 feet. b. Porches. Residential porches may project into a maximum of one-half of the distance of a required yard if they meet all of the following requirements: 1) may
or may not be covered by a permanent roof, 2) are not enclosed, 3) do not have walls of mostly solid material, glass or plexiglass, 4) are raised a maximum average of 3 feet above the
underlying ground level and 5) abut the principal building. Previously Approved Setbacks. Where a subdivision or land development was granted final approval prior to the adoption of
this Ordinance, and the lawful setbacks in effect at such time are shown on the approved plans, at the option of the developer, those approved setbacks may apply in place of any revised
setbacks in this Ordinance. Front Yard Setback Exception. In any District where more than 75 percent of the block frontage includes existing principal buildings having front yards of
less depth than that required for the particular Zoning District, then the required front yard setback may be decreased for such block to the average existing setback of the buildings
that do not conform to the setback. Exceptions for Existing Nonconforming Buildings. The Zoning Hearing Board may grant a special exception to reduce the parking requirements or to reduce
lot area, lot width, yard, off-street parking or similar dimensional requirements to allow reasonable reuse of space within a building that existed prior to the adoption of this Ordinance,
if all of the following conditions are met: a. b. c. The overall use of the lot or building will otherwise be in conformity with this Ordinance; and If the special exception use is denied,
it will be very difficult to make reasonable use of the building or lot; and The granting of the special exception will not create serious nuisances or hazards to adjacent property owners
or the general public. 802.C. Buffers. Buffer yards with evergreen screening complying with the following standards shall be required under the following situations: General Regulations
Page 8-2
2. A parking lot of more than Visible from and within 100 feet of an existing residential lot 15 spaces. line. 2. Location of Buffers. a. b. Plants needed for the visual screen shall
not be placed within a future street right-of-way. The buffer may include areas within a required front, side or rear yard setback, or a paved area setback. 3. Characteristics of Buffer
Yards. a. Preservation of existing vegetation or slopes. If an applicant proves to the satisfaction of the Zoning Officer that an existing healthy tree line, attractive thick vegetation,
natural earth berm and/or steep slopes will be preserved and serve the same buffer purposes as plant screening that would otherwise be required, then such preserved existing buffer shall
be permitted to be used in place of planting new plants. If this existing buffer requirement is removed, the applicant shall be required to plant a buffer that will meet the planting
requirements of this section. bc. Fence. Any fence shall be placed on the inside of any required required evergreen screening. 4. Plant Screening in Buffer Yards. a. b. Each buffer shall
include a planting screen of trees or shrubs extending the full length of the lot line. Each planting screen shall meet the followjng requirements: i) ii) iii) iv) v) Plant materials
needed to form the visual screen shall have a minimum height when planted of 4 feet. 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 solid year-round visual screen at least 6 feet in height. The plant screen shall be permanently maintained by present and future landowners. Any
plants needed to form the visual screen that die or are removed shall be replaced within 120 days. The plant screen shall be placed so that at maturity the plants will be at least 5
feet from any cartway and will not grow over an exterior lot line. The plant visual screen shall be interrupted only at: a) approved points of vehicle or pedestrian ingress and egress
to the lot, b) locations necessary to comply with the sight distance requirements of Section 803.C. and c) locations needed to meet other specific State and Borough requirements. General
Regulations Page 83
803. INDUSTRIAL DRIVEWAYS. A new driveway serving a principal industrial use shall not be permitted within a residential district. This restriction shall not apply to a driveway that
will be clearly limited to use by only emergency vehicles. 804. NONCONFORMITIES. (See definitions in Article 11). 806.A. Proof of and Reqistration of Nonconformities. It shall be the
responsibility of a party asserting a nonconformity to provide the evidence that it is lawful (Le, either existed prior to 1975 or was allowed by action of the Zoning Hearing Board).
A property owner may request a written statement of nonconformity from the Zoning Officer after providing sufficient evidence. 806.B. Continuation. A lawful nonconforming use, structure
or lot as defined by this Ordinance may be continued and may be sold and continued by new owners. Any expansion of, construction upon or change in use of a nonconformity shall only occur
in conformance with this section. 806.C. Expansion of, Construction Upon or Chanqe in Use of Nonconformities. 1. Nonconforming Structure. a. The Zoning Officer sha11 permit a nonconforming
structure to be reconstructed or expanded provided: i) that such action will not increase the severity or amount of the nonconformity (such as the area of the building extending into
the required setback) or create any new nonconformity, and that any expanded area will comply with the applicable setbacks in that District and other requirements of this Ordinance.
ii) b. If a nonconforming structure is used by a nonconforming use, any expansion shall also meet the requirements of this Section regarding nonconforming uses. 2. Nonconforming hts.
a. New permitted structures for a single permitted by right principal use and its customary accessoly uses may be constructed, reconstructed or expanded on a nonconforming lot of record
as a permitted by right use if all of the following requirements are met: i) ii) iii) iv) The lot area is at least 30 percent of the minimum lot area. The lot width is at least 30 percent
of the minimum lot width. The lot is a lot of record that lawfully existed prior to the adoption of this Ordinance or an applicable subsequent amendment. Minimum setbacks and other requirements
of this Ordinance are complied with for any new construction or expanded area. b. Setback Reduction. The Zoning Hearing Board may grant a special exception to reduce the required setbacks
concerning construction on a nonconforming lot if the Board determines that such reduction would result in a building that would be more compatible with neighboring residences than would
be built if the setback requirement was not reduced. C. Small Nonconforming Lots. If a proposed development on a lawful nonconforming lot does not meet the lot area, lot width or setback
requirements of the above Section 806.C.2. parts a. and b., then development of the lot shall not occur unless the Zoning Hearing Board grants a variance. General Regulations Page 84
3. Expansion of a NonConforming Non-Residential Use. A nonconforming use or a building used by a nonconforming use shall not be expanded, except in accordance with the following provisions:
a. b. 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. The expansion
shall be limited to the same lot or lot(s) on which the use existed at the time the use became nonconforming. 804.D. Damaoed or Destroved Nonconformities. 1 ,. A nonconforming structure
that has been destroyed or damaged may be rebuilt in the same nonconforming fashion only if: a) the application for a building permit is submitted within 12 months after the date of
damage or destruction, b) work begins in earnest within 6 months afterwards, and c) the destruction or damage was the result of fire, windstorm, lightning or similar cause deemed to
have not been caused by the owner. Extension to this section may be granted by the Zoning Hearing Board. 804.E. Discontinuation and Abandonment of a Nonconformity. 1. Discontinuation.
Any person desiring to temporarily discontinue a non-conforming use may do so, and may resume the same or otherwise permissable non-conforming use within 18 months after such discontinuance.
Extensions of the period may be permitted by the Zoning Hearing Board. A discontinued use will not be deemed to be resumed unless such use is operated on a regular basis for 6 months
after such resumption begins. 804.F. Chanqes from One Nonconforminq 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 another nonconforming use only if permitted as a Special Exception by the Zoning Hearing Board, except that the Zoning Officer may permit a change
from one nonconforming use to a use the Zoning Officer determines to be of the same general type (such as from one retail sales use to another, or from one personal service use to another),
provided that the new use complies with any applicable Zoning Hearing Board conditions placed on the previous use. 3. For a change of a nonconforming use, except for a change permitted
pursuant to Section 806.F.2. above, the Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equally or less objectionable
in external effects than the preexisting nonconforming use with regard to: a) b) c) d) e) Traffic generation (especially truck traffic), Noise, dust, fumes, vapors, gases, odor, glare,
vibmtjon, fke and explosive hazards, Amount and character of outdoor storage, Hours of operation if the use would be close to dwellings and Compatibility with the character of the surrounding
area. 804.G. Historic District. All changes to a nonconformity within the Historic District shall also comply with the Historic District regulations of the Borough. General Regulations
Page 8-5
805. TEMPORARY STRUCTURE OR USE: SPECIAL EVENTS. 805.A. General Temporaw Uses (such as tents). In addition to the special exception procedure provided for in this Section, the temporary
erection of a tent or similar temporary structure that is not totally enclosed is permitted for a maximum of 7 days in any 4 month period for clearly routine customarily accessory uses
such as the following: a wedding in the rear yard of a dwelling, a festival by a place of worship or a special sale within the lot of a lawful commercial use. 805.B. Removal. If the
structure or use is not removed in a timely fashion after proper notification, the Borough may remove the use or structure at the cost of the person who owns the land upon which the
structure or use is located. 805.C. Construction Vehicle Parkinq and Temporary Offices. See "Essential Services", a permitted by right accessory use, in Section 306. General Regulations
Page 8-6
ARTICLE IX H HISTORIC DISTRICT 901. TITLE AND PURPOSES. A. This Article may be known and cited as "The Mercersburg Borough Historic District Regulations." B. These Historic District
regulations are intended to serve the following purposes: 1. To protect the cultural, economic, social and political and architectural history of Mercersburg and the surrounding region.
2. To promote the use, preservation and restoration of historic buildings to enhance the quality of life and to encourage interest in the area's history. 3. To strengthen the economy
of Mercersburg by improving property values and promoting tourism. To provide for new buildings and alterations in ways that are harmonious with the existing historically and architecturally
significant buildings. 4. 902. CREATION OF HISTORIC DISTRICT. Pursuant to the Act 167 of Assembly of 1961, P.L. 282, (53 P.S. 8001), as amended, there is hereby created in the Borough
of Mercersburg an historic district to be known as "Mercersburg Borough Historic District." The ""H Historic District shall be an overlay zoning district to the existing zoning districts.
All of the provisions of the underlying zoning districts shall remain in full force, except that these additional procedures and requirements of this Article also apply. For the purposes
of the following description, "PA." shall mean Pennsylvania," To.'' shall mean "County," "St." shall mean "Street" and "Ave." shall mean "Avenue." The limits of the said district are
as follows: BEGINNING at the point formed by the intersection of the centerlines of South Main St., Mercer Ave., Third Alley South and Linden Ave.; thence in a southerly direction along
the centerline of Linden Ave. to a point formed by the intersection of the centerlines of said Linden Ave. and Fourth Alley South; thence in an easterly direction along the centerline
of Fourth Alley South to a point formed by the intersection of the centerlines of said Fourth Alley South and Alley "C" East; thence in a southerly direction along the centerline of
Alley "C" C" East to a point at the intersection of the centerline of the aforesaid Alley "C East and the south boundary line extended of the William L. Horgan and Katherine P. Horgan
property, more fully described in the deed recorded in the office of the Recorder of Deeds for Fmnklin Co., PA., in Deed Book Volume 518, page 151; thence in an easterly direction along
the southern boundary line of the aforesaid Horgan property to a point at the intersection of the aforesaid south boundary line extended and the centerline of PA. Route 75; thence in
a northerly direction along the centerline of PA Route 75 to a point at the intersection of the aforesaid PA. Route 75, South Main St., and Constitution Ave.; thence continuing in a
northerly direction along the centerline of Constitution Ave. to a point formed by the intersection of the centerline of the aforesaid Constitution Ave. and the northern boundary line
extended of the property of J. Albert Metcalfe and Esther M. Metcalfe, his wife, more fully described in the deed deed recorded in the office of the Recorder of Deeds for Franklin Co.,
PA., in Deed Book Volume 920, page 85, thence in a westerly direction along the northern boundary line of the aforesaid Metcalfe property to a point at the intersection of the aforesaid
north boundaly line extended of the Metcalfe property and the centerline of South Fayette St.; thence in a northerly direction along the centerline of South Fayette St. to Historic DWct
Page 9-1
a point at the intersection of the centerline of South Fayette St. and the centerline of Fourth Alley South; thence in a westerly direction along the centerline of the aforesaid Fourth
Alley South to a point at the intersection of the centerline of the aforesaid Fourth Alley South and the eastern boundary line extended of the property of Joseph E. Rockwell, more fully
described in the deed recorded in the office of the Recorder of Deeds for Franklin Co., PA., in Deed Book Volume 874, page 40; thence in a northwesterly direction along the rear property
lines of all properties of various owners fronting on South Main St. between Fourth Alley South and Third Alley South to a point in the centerline of Third Alley South; thence in a northerly
direction across or along the eastern most boundaries of those properties of various owners fronting on South Main St. between Third Alley South and Second Alley South to the point of
intersection of the centerlines of Second Alley South and Alley "A" East; thence on the same northerly course along the centerline of Alley "A" East to the point of intersection with
the centerline of First Alley South; thence in an easterly direction along the centerline of First Alley South to the point of intersection with the centerline of Alley "B" East; thence
on the same easterly course across, or along the southern most boundaries of properties of various owners lying along East Seminary St. to the point of intersection with Constitution
Ave.; thence in a northerly direction along the centerline of Constitution Ave. to the point of intersection with the centerline of East Seminay St.; thence in an easterly direction
along the centerline of East Seminary St. to the point of intersection of the centerlines of East Seminay St. and Rutledge Road; thence in a northerly direction along the centerline
of Rutledge Road to the point of intersection with the centerline of Second Alley North; thence in a westerly direction along the centerline of Second Alley North to a point 200 feet
more or less east of the point of intersection of the centerline of Second Alley North with the centerline of North Main St. being the eastern most boundary of those properties lying
across, or along the eastern most boundaries of properties of various owners fronting on North Main St. to the centerline of Oregon St.; thence southwesterly along the centerline of
Oregon St. to the point of intersection with North Park Ave. and North Main St. (PA Route 16); thence continuing in a southwesterly course along the centerline of North Park Ave. to
the point of intersection
with Alley "A" West; thence in a southerly direction along the centerline of Alley "A" West to the point of intersection with the centerline of Second Alley North; thence in a westerly
direction along the centerline of Second Alley North to the point of intersecctio with the centerline of North Park Ave.; thence in a southwesterly direction along the centerlhe of North
and South Park Ave. to a point midway between West Seminay St. and West California St.; thence in an easterly direction across the property of the Presbyterian Church to the centerline
of First Alley South and continuing along the centerline of First Alley South to the point of intersection with the centerline of Alley "A" West; thence in a southerly direction along
the centerline of Alley "A" West to the point of intersection with the centerline of Mercer Ave.; thence in an easterly direction along the centerline of Mercer Ave. to the place of
dosure and Beginning, at the point of intersection of Mercer Ave., South Main St., Third Alley South and Linden Ave.. 903. HISTORICAL ARCHITECTURAL REVIEW BOARD. (Hereinafter referred
to in this Article as "the Board" or "the HAFB,") A. Members. A Historical Architectural Review Board is hereby established to be composed of 7 members appointed by the Borough Council,
1 of whom shall be a registered architect, 1 of whom shall be a licensed real estate broker, 1 of whom shall be an appointed Borough building permit official and 4 of whom shall be residents
of of the Borough having a knowledge of and interest in the preservation of the District and/or having an educational background in history, historical preservation, architecture, fine
arts, archeology or other related disciplines. B. Members shall serve terms of 5 years. The existing terms shall be continued, with 1 iem expiring in 1997, 1 in 1998, 1 in 1999,2 in
2000 and 2 in 2001. If a member leaves office prior to the expiration of the term, a person shall be appointed to serve the unexpired portion of the term. 904. DUTIES OF THE HARB. I
I 1' I ' I ' Historic District Page 9-2
A. The HAFB shall provide advice to property-owners and the Borough Council regarding the issuance of certificates required under this Article and within the State Historic District
Act of 1961, as amended. B. The HARB may establish and amend rules and regulations for its own organization and procedures consistent with this Article and the laws of the Commonwealth.
C. A majority of the HARB shall constitute a quorum. A vote by the HAR€3 shall only constitute an official recommendation if there is an affirmative vote or a negative vote by a simple
majority of the entire Board. Regardless of whether the Board is able to make an official recommendation, the matter shall be forwarded to Borough Council. The members of the HARB shall
serve without compensation, except as provided otherwise by Borough Council, such as reimbursement for expenses. 905. PERMITS WITHIN THE HISTORIC DISTRICT. A. Action Requiring a Permit.
Any erection, rehabilitation, exterior alteration, sandblasting, restoration, demolition or razing of any building in the District or any erection or posting of any sign (of a type that
requires a permit under Borough ordinances) that will be visible from a public street or public sidewalk shall first require an issuance of a Certificate of Appropriateness by Borough
Council under this Article IX. 1. 2. Such Borough Council action shall be required prior to the issuance of any other Borough permit for such work. An approval under this Article is
not required for work that would onjV be visible from an alley, and that is not visible from a public street or public sidewalk. B. Exceptions. Repairs and minor restorations that do
not affect the exterior appearance of a building shall not require the issuance of such a certificate and, unless required by other , Ordinances of the Borough, shall not require the
issuance of a building permit. The following items and closely similar work as determined by the Borough Staff shall be included in this exemption: 1. 2. painting of previously painted
surfaces with colors that are historically appropriate to the building and district; the addition of items such as painted storm windows, storm sashing and storm doors which are of a
color matching the trim of the building and of utility to the homeowner and which do not substantially alter the architecture of the building; the pointing of brick or stone with a similar
color mortar; the cleaning of buildings provided that the exterior is not sandblasted or otherwise modified or permanently harmed by the cleaning process; and any other work which does
not change the exterior appearance of the building but which consists solely of normal and routine maintenance designed and carried on to protect and preserve the building. 3. 4. 5.
906. APPLICATION PROCEDURE. Upon receipt of an application for a building permit for proposed work in the Historic District, the appropriate Borough staff shall: A. Forward to the HARB
a copy of the application for a building permit, together with a copy of any site plan and building plans and specifications filed by the applicant. Historic District Page 93
B. Maintain in hidher office a record of all such applications and of hisher handling and the final dispositions of the same. C. Require applicants to submit a reasonable number of copies
of materials required in the application. 907. HARB PROCEDURE. The HARB, upon receipt of an application for a permit concerning a building(s) or sign in the District, shall consider
said application at its next scheduled meeting, unless the Chairperson establishes a special meeting date for such purpose. The applicant shall be advised of the time and place of the
meeting and may appear to explain hisher requests for approval. The HARB or applicant may invite other persons to attend the meeting. All such meetings shall be open to the public, within
the provisions of State law. 908. STANDARDS FOR DECISIONS. The HARB shall consider the following matters: A. The "Secretary's Standards for Historic Rehabjljtatjon" and accompanying
explanatory guidelines and reports as officially issued by the US. National Park Service; B. The effect of the proposed change upon the general historic and architectural character of
the District; C. The appropriateness of exterior architectural features which can be seen from a public street or public sidewalk (features not visible from a public street or a public
sidewalk are not regulated by this Article). 909. MODIFICATIONS IN APPLICATION. A. If the HARB, on the basis of the information received at the meeting and from its general background
and knowledge, decides to advice against the granting of a Certificate of Appropriateness, the HARB shall indicate to the applicant the changes in the plans and specifications, if any,
which would protect the distinctive historic character of the District. B. The HARB shall withhold its report to the Borough Council for a period of 5 days following its decision to
allow the applicant to make the suggested changes in the plans and specifications. C. If the applicant determines that he/she will make the changes suggested by the HARB, helshe shall
so notify the HARl3 in a written statemen: and the HARB shali advice the Borough Council accordingly. 910. REPORT OF HARB. A. The HARE3, after the hearing provided for in Section 907
and after considerjng any changes in the application as provided in Section 909, shall submit to the Borough Council its written recommendation concerning the issuance of a Certificate
of Appropriateness. B. Such written report shall set out the following matters: 1. The exact location or address of the area in which the work is to be done; Historic Districf Page 94
2. 3. 4. 5. 6. 7. 8. The exterior changes to be made or the exterior characteristics and materials of the structure to be erected; A description of the surrounding structures with their
general exterior characteristics; The effect of the proposed change upon the general historic and architectural nature of the District; The general design, arrangement, texture and material
of the building or structure and the relation of such factors to similar features of buildings or structures in the District; A discussion of whether the work proposed conforms to the
Secretary's standards. The opinion of the HARB (including any dissent) as to the appropriateness of the work proposed as it will preserve or harm the historic character of the District;
and The specific advice of the HARE3 as to whether the Certificate of Appropriateness should be issued or denied by the Borough Council. 911. BOROUGH COUNCIL'S DUTIES. A. B. C. D. E.
Upon receipt of the written report of the IIARB, the Borough Council shall consider whether to issue a Certificate of Appropriateness authorizing a permit for the work covered by the
application. The applicant shall be advised of the time and place of the meeting at which hisher application will be considered and shall have the right to attend and be heard as to
his reasons for filing the same. In determining whether or not to issue a Certificate of Appropriateness the Borough Council shall consider the same factors as the HARB. If the Borough
Council approves the application, it shall issue a Certificate of Appropriateness authorizing the Building Permit Officer to issue a permit for the work covered. Any disapproval of the
application by Borough Council shall be made in writing, with copies mailed to or given to the applicant and to the Pennsylvania Historical and Museum Commission. The disapproval shall
indicate what changes in the plans and specifications would meet the conditions for protecting the distinctive historical character of the District. 912. DENIAL OF PERMIT. Upon receipt
of the written disapproval of the Borough Council, the Building Permit Officer shall disapprove the application for a building permit and so advise the applicant. The applicant may appeal
from the disapproval as provided by law. 913. DEMOLITION. A. Purpose. The intent of this section is to ensure that valuable historic resources are not permanently destroyed unless there
are no reasonable alternatives available. Historic District Page 9-5
B. This section shall apply to any existing building or portion of such building within the Historic District. C. No building defined by subsection “B.” above shall be demolished unless
one of the following is satisfied, in the determination of the Borough Council, based upon the recommendations of the HARB: 1. That the building is non-contributing to the historic district,
based upon the advice of the HARI3; 2. That the applicant proves that no reasonable beneficial use of the building is possible, and that such situation is not the result of intentional
neglect by the current owner; or 3. That the applicant proves that the denial of the demolition would greatly result in unreasonable economic hardship to the owner. 914. ENFORCEMENT.
The Borough Council shall have the power to institute any proceedings at law or in equity necessary for the enforcement of this Article in the same manner as the enforcement of the Zoning
Ordinance and Building Permit Ordinance, as applicable, of the Borough. 915. EMERGENCIES. EMERGENCIES. A. In the event of any damage to any building located in the historic district
which requires prompt repair or stabilization for the protection of the building or items contained therein, or to permit the building to continue to be utilized, the owner of the building
may make such repairs or accomplish such stabilization as necessary to protect the building or the items contained therein or to permit the continued use of the buildings without complying
with the provisions of this Article. B. Such owner shall report the need for such repairs to the Borough Office and obtain a Borough permit promptly after discovery of such need in order
to secure the benefits of this section. Such owner shall do no more work than is reasonable to obtain the said protection without complying with the provisions of this Article. 916.
DEFINITIONS. The following definitions shall apply for the purposes of this Article IX: A. Preservation, The act or process of applying measures to sustain the existing form, integrity,
and material of a building or structure, and the existing form and vegetative cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance
of the historic building materials. B. Protection. The act or process of applying measures designed to affect the physical condition of a property by defending or guarding it from deterioration,
loss or attack, or to cover or shield the property from danger or injury. In the case of buildings and structures, such treatment is generally of a temporary nature and anticipates future
historic presetvation treatment; in the case of archeological sites, the protective measure may be temporary or permanent. I I 1 I J I I I i Historic District Page 96
I C. Reconstruction. The act or process of reproducing by new construction the exact form and detail of a vanished building, structure, or object, or a part thereof, as it appeared at
a specific period of time. D. Rehabilitation. The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary
use while preserving those portions or features of the property which are significant to its historical, architectural, and cultural values. E. Restoration. The act or process of accurately
recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier
work. F. Stabilization. The act or process of applying measures designed to reestablish a weather resistant enclosure and the structure stability of an unsafe or deteriorated property
while maintaining the essential form as it exists at present. Historic District Page 9-7
INDEX Section No. J I 1 Accessory structures, residential Accessory uses, miscellaneous permitted Accessory uses, requirements for specific Amendments to this ordinance Appeals Billboards
Borough and municipal authority exception Buffer yards Churches/places of worship Creeks, setbacks from Curative amendments Definitions District boundaries Districts, Purposes of Dust
Dwellings, minimum size of Enforcement Environmental protection Erosion control Explosive and hazardous substances Fees Fences Fire and explosive hazards Flood-prone area regulations
Grading Group homes, additional requirements for Hearings Height exemptions Historic Djstrict regulations Home occupation Interpretation Landscaping Light and glare Livestock, Raising
of Loading spaces Lot area requirements Mobile Home Parks Municipal boundaries, setbacks and buffers across 306 and 403 306 403 108 113 712 115 803 402 504 109 202 304 30 1 510 80 1
103 Article V 512 506 104 403 502 515 512 402 112 802 Article IX 403 105 804 51 1 402 605 307 402 305
305 Noise Nonconformities Nuisances Odors Outdoor storage, fencing of Outdoor storage and display Parking spaces Parking, design standards Parking spaces, number of Parking, reduction
of requirements Permits Permitted uses by district Pets Plant screening Principal Uses, Requirements for Specific Public safety hazards Public utility exemptions Purpose of Ordinance
Setback requirements Setback exemptions Sewage disposal Sight distance Signs Signs, abandoned or outdated Signs, definitions of types Signs, entrances of residential and business developments
Signs, directional within business developments Signs, freestanding Signs, illumination of Signs, location of Signs, measurement of Signs, miscellaneous not requiring permits Signs,
nonconforming Signs, off-premise Signs, prohibited Signs, proper construction and maintenance Signs, temporaty Signs, wall Signs, window Signs, vehicles functioning as Similar uses Site
plan review procedures for certain uses Site plan reviews, submission requirements Solid waste facilities Special exception use process Steep slopes Street classification map Section
No. 508 806 502 510 514 403 Article VI 603 60 1 60 1 106 and 107 306 403 803 402 502 114 101 307 803 507 803 Article VI1 705 71 1 713 713 704 707 706 71 1 703 702 712 709 710 703 704
704 708 105 116 117 402 119 505 Insert at end
E R I 1 E 1 Street right-of-way widths, fufure Street frontage of lots Swimming pools, household Swimming pools, public and semi-public Temporary structure or use Uses, number per lot
Variances Vibration Waste containers, placement and screening Wetlands Zoning officer Zoning map Zoning hearing board Section No. 805 801 403 402 807 80 1 111 509 513 503 110 Insert
at end 111