Every building or structure hereafter erected or moved shall be located on a lot that abuts a public street or road or with access to an acceptable private street or road, and all buildings and structures shall be located so as to provide safe and convenient access for servicing, fire protection and off-street parking.

1. Build-To Lines Established. Build-to lines are hereby established from the existing curbline of all existing and proposed public streets within the Borough or at the edge of the paved cartway if there is no curb. Except as specifically provided in other sections of this chapter, no buildings shall be placed in the area between the build-to line and any street curbline, except as permitted in § 27-1526: Build-To Lines , § 27-15262D In situations involving a proposed public street, the build-to line shall be as shown on the subdivision and/or land development plan.

2. Build-To Line Requirements.

A. Distance requirements for build-to lines shall be as follows:
    

	Build-To Line as Measured from Street Curbline
	(See § 27-1526(2)(C): Build-To Lines)
District	(Feet)
R-1	25
R-1A	35
R-2	10
OT	5 to 10
INS-1	20 (except as per § 27-1511: Height.)
RO	10
ROR	10
TC	15
GC	15
IND	35* (See § 27-1104: Lot Requirements.)
HC	20 (except as per § 27-1511: Height.)

 
B. On any corner lot, the required build-to line shall be provided along both streets.
C. The build-to line shall be considered a building setback line in all districts.
D. Whenever the majority of the existing buildings on a block face have nonconforming build-to lines, the build-to line for new buildings may be modified to conform to such majority at the discretion of the Borough Zoning Officer. In no case shall the build-to line be less than that of any adjacent building.
E. The build-to line may vary with a recess or setback to the building, or to the build-to line itself, of up to four feet. However, the build-to line may have a greater recess or a setback to a building when: topographic or hydrologic conditions on a lot warrant same; an ADA-accessible ramp is needed; or § 27-1511: Height is employed.
F. The build-to line may vary up to four feet with a projection to a building or to the build-to line itself if no part of any building or sign encroaches upon the street right-of-way and the required sidewalk can physically fit along the streetscape

1. In residential districts, no fence shall be erected that is more than six feet in height.

2. Fences shall not exceed four feet in height in the front yard area between the street right-of-way and required building setback or build-to lines. Any fence located in the required front yard in an R-1, R-1A, R-2, RO, or OT District shall have a minimum ratio of 1:1 of open to structural area.

3. A fence shall not be required to comply with minimum setbacks for accessory buildings and structures.

1. A formal, binding homeowners' association shall be responsible for any commonly owned and/or maintained improvements or lands, such as common open space, parking areas, recreation facilities, sidewalks, streets, alleys, utilities, stormwater control facilities and other similar improvements. This homeowners' association shall be established and subject to the provisions of Section 705(f) of the State Municipalities Planning Code and Title 68 of the Real and Personal Property Act, Part II, Real Property, Subpart B, Condominiums.

2. Any such condominium or homeowners' association agreement shall be provided to the Borough Solicitor for his or her review a minimum of 30 days before the final plan is recorded. If, within those 30 days, the Borough Solicitor determines, in writing, that such document is not in legally acceptable form with regard to concerns of the Borough, the plan shall not be recorded until acceptable revisions are made.

The following provisions shall apply to existing lawful uses, buildings, structures and lots which do not conform to the requirements of this chapter or any amendments thereto. The purpose of these provisions is to reasonably provide for such existing nonconformities. The conversion or reversion of such nonconformities, however, shall be encouraged whenever possible.

Nonconforming Buildings, Structures and Uses.

1. Continuation. Any building, structure or lawful use existing at the time this Part becomes effective (October 23, 1975) may be continued indefinitely.
2. Extension.

A. A building occupied by a nonconforming use shall not be enlarged, extended or structurally altered (except as may be required by law to assure the structural safety of the building) and any nonconforming use shall not be enlarged or extended except for the following which may be authorized by special exception by the Zoning Hearing Board:

(1) The extension of a nonconforming use of a portion of a building to another portion of the building.
(2) The reasonable extension of a conforming building occupied by a nonconforming use on a conforming lot, provided that such extension is not detrimental to the character of the surrounding area or the interests of the Borough and that such extension shall conform to the area and height regulations of the district in which it is located.

B. A nonconforming building may be rebuilt or altered only:

(1) To eliminate or decrease the building's nonconformity.
(2) For reasons as stated in Subsection 4 of this section.

3. Change. A nonconforming use of a building or land may be changed to a nonconforing use of the same or more-restricted classifications, when authorized by the Zoning Hearing Board as a special exception. Whenever a nonconforming use of a building or land has been changed to a use of a more-restricted classification or to a conforming use, such use shall not thereafter be changed to a use of a less-restricted classification.
4. Restoration. A nonconforming building, or a building occupied by a nonconforming use, which is wholly or partially destroyed by fire, explosion, flood or other phenomenon, or which has been legally condemned, may be reconstructed or repaired and/or used for the same nonconforming use, provided that such building reconstruction shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption.
5. Abandonment. If a nonconforming use of a building or land is voluntarily abandoned and ceases for a continuous period of one year or more, subsequent use of such building or land shall be in conformity with the provisions of this Part.

Nonconforming Lots.

1. Held in Single and Separate Ownership. A building may be erected or altered on any lot held at the time this Part becomes effective (October 23, 1975) in single and separate ownership which is not of the required minimum area or width or is of such unusual dimensions or shape that the owner would have difficulty in providing the required open spaces for the district in which such lot is located, provided that the plans for the proposed building shall be approved by the Zoning Hearing Board after review of the plans to assure reasonable compliance with the intent of the regulations for the district.
2. Included in Approved Plans. Buildings may be erected on lots which are not held in single and separate ownership at the time this Part becomes effective and which are not of the required area or width if such lots are included in a land subdivision plan which has been approved by the Borough Council prior to the effective date of this Part.

Registration of Nonconformities.

The Zoning Officer may provide an applicant with a certificate of nonconformity if sufficient evidence is provided by the applicant.
 

1. Except for licensed automobiles, no vehicle, machinery, trailer, mobile home, boat or other similar equipment shall be parked or stored outside for more than seven days in any residential district within any front yard area or within any required side yard areas. No more than one such item shall be stored outside at any time on a single property.

2. The parking or storage of any licensed automobile in a front yard area shall occur only upon a driveway.

1. No use or activity shall be permitted that will create any dangerous, injurious, noxious, or otherwise objectionable situation. Specifically, a use or activity shall not:

A. Constitute a nuisance or danger to human health and safety, livestock or plants, or any other property as a result of the emission or dissemination of any fumes, smoke, odor, or dust beyond the property line of the premises upon which such use or activity is located.
B. Create any noise or vibration exceeding the average intensity of noise or vibration occurring from other sources at the property line.
C. Endanger any surrounding area by reason of fire or explosion.
D. Produce any objectionable heat or glare beyond the property line.
E. Create any electrical disturbances or adversely affect the operation of equipment located off the premises.
F. Discharge any dangerous or untreated effluent into any stream or other body of water or otherwise contribute to the pollution of surface or underground water.
G. Create an undesirable or dangerous traffic condition on the street or in a nearby area or generate a nuisance to any nearby property because of increased traffic.
H. Create any other objectionable condition which will endanger public health and safety or be detrimental to the proper use of the surrounding area.

2. In order to determine that a proposed use or activity will comply with the above standards, the Zoning Officer or Zoning Hearing Board may:

A. Require the submission of impartial expert opinions or judgments from official agencies or private consultants.
B. Require the submission of written assurances from the applicant.
C. Require compliance with certain tests or provision of whatever safeguards may be considered necessary.

1. In no instance shall any use or activity be permitted which, by reason of noise, dust, odor, appearance, smoke or other objectionable factor, creates a nuisance, hazard, or other adverse effect upon the value or reasonable enjoyment of the surrounding properties.

2. In no instance shall the operation of any business, commonly known as a "head shop," which involves, in whole or in part, the sale, lease, trade or display for sale of any and all types of drug paraphernalia, as defined herein, be permitted in any district.

3. In no instance shall the operation of any business which has obscene materials, as defined herein, as a substantial or a significant portion of its stock-in-trade be permitted in any district.

1. Where any commercial or industrial district abuts any R-1, R-1A, or R-2 Residential District, a buffer yard at least five feet wide in the commercial or industrial district and along the property line separating the two districts shall be suitably planted with trees and shrubs and maintained at all times.

2. Where a Health Care District abuts any residential district (other than in a street or alley), a buffer yard at least 20 feet in width in the Health Care District and along the properly line separating the two districts shall be planted with trees and shrubs and maintained at all times.

3. The buffer yard shall be a landscaped area free of structures (except for decorative fences and walls), dumpsters, commercial or industrial storage or display, manufacturing or processing activity, materials, loading and unloading areas or vehicle parking or display. No new driveways or streets shall be permitted in the buffer yards, except at points of approved perpendicular crossings for ingress or egress.

4. Maintenance. In buffer yards, all areas not covered by trees and shrubs shall be well maintained in an all-season vegetative ground cover (such as grass) and shall be kept free of debris and rubbish and shall not include grass areas higher than eight inches.

5. Fence. Any fence in a buffer yard shall be placed on the inside of any required evergreen screening.

6. Modifications. In situations where it would be impractical to develop a screen that would meet all Borough requirements or where an undue hardship would be created to an applicant, the Zoning Hearing Board may agree to modify these requirements to allow an acceptable alternative. Such alternative may, for example, involve the development of a solid wooden fence that has been treated to be weather-resistant. Such modification shall only occur after a review by the Planning Commission.

In any district, more than one building or structure having a permitted principal use may be erected on a single lot, provided that all the applicable requirements of this Part shall be met for each building or structure as though it were on an individual lot.

1. No wall, fence, sign or other structure shall be erected or altered, and no hedge, trees, shrubs, crops, etc., shall be maintained, which may cause danger to pedestrians or traffic by obstructing the view.

2. A clear sight triangle shall be provided and maintained at all street and/or alley intersections. Such clear sight distance shall be maintained between two and 10 feet above curb level. Such triangle shall be 15 feet along the right-of-way lines of the streets or alleys, measured from the intersection of such rights-of-way, with the third longer leg of the triangle connecting the two ends, unless a larger triangle is required by the state or by other local regulations. If the intersection is rounded, the triangle shall be measured from the extended ends of the rights-of-way.

3. Within such clear sight triangle, no grading shall occur or structures (such as buildings, fences or walls) be placed or expanded or vegetation be permitted that would obstruct the vision of motorists of pedestrians and other traffic. The only obstructions permitted within such triangle shall be transparent fences, vegetation regularly maintained at less than two feet in height, mailboxes, sign or utility posts less than one feet in width and the trunks of deciduous trees.

4. If a driveway or accessway enters onto a street, a required sight triangle as stated above shall be maintained, except that the length of the triangle shall be eight feet long measured at the center line of the driveway or accessway and at the street right-of-way line.