(1) Intersection of private accessway and public street. There shall be a clear sight triangle at the intersection of a private, vehicular accessway and a public street. The three sides of the triangle shall be the intersecting edges of the travel ways of the street and the accessway and a diagonal connecting two points, each at a distance of 10 feet from the point of intersection along the edge of each travel way. No visual obstruction higher than two feet shall be permitted in the clear sight triangle.

(2) Intersection of public streets. There shall be a clear sight triangle at the intersection of any public street with any other public street. The three sides of the triangle shall be the intersecting street center lines and a diagonal connecting two points, each at the end of a distance from the point of intersection along each center line determined in accord with Chapter 187: Subdivision and Land Development.

(3) Area to remain clear. The area of the clear sight triangle shall be graded, and sight obstructions shall be removed so that vision between a height of from two to 10 feet above the center-line grades of the intersecting streets is not obscured. Also, by deed or lease restriction or by plan amendment, whichever method is applicable, vegetation shall not be planted or allowed to grow in such a manner as to obscure vision in the graded and cleared area.

A conversion of any building to a residential use or the conversion of any dwelling to accommodate additional dwelling units shall comply with the standards in this section and the other requirements applicable to the dwelling type to which conversion is proposed. The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this chapter, and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to dwelling unit, living space, lot coverage, dimensions of yards and other open spaces, off-street parking, and other applicable standards.

A. It is the intent of this section to provide standards for the design of commercial establishments and nonresidential uses (referred to as commercial establishments) to assure the compatibility of the nonresidential development with the surrounding character of the Borough. This shall be accomplished by:

(1) Siting buildings, parking areas and other facilities and improvements based upon the particular topography of the development site;
(2) Designing buildings with consideration of architectural style and type of construction material in keeping with the surrounding landscape and development pattern using wood or wood-like siding (exposed cinder-block construction shall not be permitted);
(3) Providing safe and convenient access from the public right-of-way based on the existing area-wide traffic circulation pattern and the expected traffic generated by the proposed use;
(4) Designing parking areas to complement patterns of traffic flow and to provide adequate off-street parking for shopping center patrons;
(5) Maintaining to the greatest extent possible natural vegetation and provide landscaping as an integral part of the overall design of the proposed use and parking areas;
(6) Considering the impact of stormwater, noise, traffic and lighting on surrounding land uses and providing buffers to minimize adverse impacts; and
(7) Being consistent with any design guidelines adopted by the Borough.

B. Land development. Any proposed commercial establishment shall be considered a "land development," as defined by the Pennsylvania Municipalities Planning Code and Chapter 187: Subdivision and Land Development, and shall comply in all respects with all the requirements for plan submission and content for land developments contained therein, as well as the information which follows. The Borough may also require any additional information, studies or reports as it deems necessary to meet the intent of this and other Borough ordinances.

(1) Location, widths, and names of all existing or prior platted streets and utility rights-of-way, parks, and other public open spaces, permanent buildings and structures, houses or permanent easements, and zoning and municipal boundary lines, within 500 feet of the tract;
(2) A traffic flow chart showing circulation patterns from the public right-of-way and within the confines of the shopping center;
(3) Location and dimensions of vehicular drives, entrances, exits, acceleration and deceleration lanes;
(4) Location, arrangement, and dimensions of automobile parking space, width of aisles, width of bays, angle of parking;
(5) Location, arrangement, and dimensions of truck loading and unloading spaces and docks;
(6) Location and dimensions of pedestrian entrances, exits, and walks;
(7) Location, height, and materials of walls, fences, screen plantings, and other landscaped areas;
(8) Preliminary architectural drawings for all buildings; and
(9) Location, size, height, and orientation of all signs other than signs flat on building facades.

C. Site design process. The applicant shall demonstrate to the Borough by the submission of the necessary land development site plans that the commercial establishment has been designed as follows:

(1) Mapping of primary and secondary conservation areas (see § 215-23E) to identify all areas of the site which will remain undisturbed, along with noting site development practices which will be used to assure nondisturbance.
(2) Locating the building site.
(3) Locating required buffers.
(4) Laying out street access, parking/loading areas, and other required or proposed improvements.

D. Ownership. The site proposed for any multiple occupant commercial establishment shall be held in single ownership or in unified control, and the applicant shall provide to the Borough evidence of said ownership and/or control.

No part of any structure, whether attached to the principal structure or not, including but not limited to porches, carports, decks, balconies, chimneys, bay windows or overhangs, shall project into any required yard. No lot, yard, or other space shall be so reduced in area or dimension as to make it less than the minimum required by this chapter, except as follows:

A. Nonconforming lots of record. See § 215-59: Purpose; applicability; registration; and sale, continuation and change of this chapter.
B. Access drives; driveways. Access drives serving a permitted use shall be permitted in all yards, except as may be otherwise regulated by this chapter, provided a buffer of five feet is maintained from rear and side property lines.
C. Front yard exception. Where a vacant lot exists between two improved lots, each of which has a building within 25 feet of the property line separating the parcels, a building may be erected on the vacant lot with a front yard not less than the greater front yard of the two adjoining buildings. However, the front yard setback shall not in any case be reduced to less than 15 feet, except in the C-1 District where it may be reduced to the lesser of the two adjoining front yard setbacks.
D. Height limitations. Unless otherwise regulated by this chapter, height regulations shall not apply to spires, belfries, cupolas and domes not used for human occupancy, nor to ventilators, monuments, water towers, masts and aerials, television antennae and public utility structures that are not buildings, silos, chimneys, ventilators and parapet walls extending not more than five feet above the regulated height of the building, skylights, bulkheads, and ornamental or necessary mechanical appurtenances. Any such structure which exceeds a height of 50 feet shall be considered a special exception. Architectural details, architectural facades and similar projections that are decorative in nature, serve no functional purpose and have no habitable area shall be exempted from height regulations, provided that no projection shall extend more than 15 feet above the maximum height permitted in the zoning district.
E. Projections into yards. (See § 215-21A for accessory structures.) Projections into required yards shall not be permitted. All parts of structures shall meet the required setbacks. Patios may be located in required yards not less than 20 feet to any public road right-of-way or 10 feet to any property line.
F. Reduction of required area or space. The area or dimension of any existing lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter.

District regulations are of two types, use regulations and development standards, which shall apply to any proposed new use, expansion of an existing use or change of use of any land or structure.

A. Use regulations. District Use Regulations are provided in the Schedule of Uses.  See Schedule of Uses.

(1) Permits for principal permitted uses and accessory uses shall be issued by the Zoning Officer, provided such uses comply with the standards in this chapter.
(2) Conditional uses and special exception uses are permitted uses which require individual consideration because of their special characteristics and are referred to the Planning Commission for review and preparation of a recommendation to the Borough Council and the Zoning Hearing Board, respectively. Following a public hearing, and based on its determination that the proposed use meets the standards of this chapter, the Borough Council for conditional uses and the Zoning Hearing Board for special exceptions may approve the issuance of a zoning permit by the Zoning Officer.
(3) No land and no structure in a particular zoning district shall be used for any use which is not specifically listed on the Schedule of Uses for that particular district, and only in accord with all other requirements of this chapter. In other words, any use not specifically permitted by this chapter within a zoning district shall be deemed to be prohibited within that zoning district. If a use which could be included in a more general use is listed as a separate use in any district Schedule of Uses, such use shall be permitted only in the district where it is specifically listed. Larger lot sizes, greater setbacks, buffers and other more restrictive standards may be required by other provisions of this chapter. In cases where this chapter provides different requirements for the same use, the most restrictive requirement shall apply.

(1) Jurisdiction. Whenever a use is neither specifically permitted nor specifically denied in any zoning district established under this chapter and an application is made to the Zoning Officer for such use, the application shall be submitted to the Zoning Hearing Board which shall have the authority to permit the use or deny the use as a special exception.
(2) Findings. The use may be permitted only if the Zoning Hearing Board makes all of the following findings, and the burden of proof shall be upon the applicant:

(a) The use is similar to and compatible with the uses listed for the subject zoning district by the Schedule of Uses.
(b) The use in no way conflicts with the intent of the zoning district and the general purpose and intent of this chapter.
(c) The use is not permitted in any other zoning district.

(3) Planning Commission review. At the time the application is submitted to the Zoning Hearing Board, the Zoning Officer shall also provide a copy to the Planning Commission for its recommendation. The Zoning Hearing Board shall not conduct a public hearing on the application until the comments from the Planning Commission are received or 30 days have passed from the time the application was referred to the Planning Commission.
(4) Conditions. The Zoning Hearing Board may attach reasonable conditions and safeguards to any special exception approval granted for a use not specified in the Schedule of Uses, incorporating standards in this chapter for similar uses in the district and such other conditions as the Zoning Hearing Board may deem necessary to protect and promote the public health, safety, morals and welfare and to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code.

C. Development standards. The Schedule of Development Standards establishes minimum standards for lot area, lot depth, average lot width and front, side and rear yards, and establishes maximum standards for building height and lot coverage. The standards also establish specific standards and criteria that apply to the use as may be appropriate to protect the public health, safety and welfare. Larger lot sizes, increased setbacks and other more restrictive standards may be required in accord with other ordinance sections. See Development Standards.
D. Table of Uses Permitted by District. The Table of Uses Permitted by District summarizes the various uses according to the classification of the use in the zoning district. The table is for reference only, and the Schedule of Uses and all underlying Zoning Ordinance sections shall be the final determinant for regulation. See Table of Uses Permitted by District.

A. Purpose. This section is to provide for the regulation of functional families that may request to reside in a dwelling unit and to prohibit larger groups of unrelated persons from residing in dwelling units. Larger groups of unrelated persons have been frequently shown to have a detrimental effect on residential neighborhoods since larger groups of unrelated persons do not live as a family unit and do not have significant economic or emotional ties to the neighborhood.
B. Special exception; standards. The Zoning Hearing Board shall consider each application for a functional family as a special exception in accord with the standards of § 215-111D and, among others, the following considerations:

(1) The proposed occupants:

(a) Share a strong bond or commitment to a single purpose (e.g., religious orders);
(b) Are not legally dependent on others not part of the functional family;
(c) Can establish legal domicile as defined by Pennsylvania law;
(d) Share costs of food, rent or ownership, utilities and other household expenses;
(e) Prepare food and eat together regularly;
(f) Share in the work to maintain the premises;
(g) Legally share in the ownership or possession of the premises; and
(h) Share the entire dwelling unit or act as separate roomers.

(2) Whether the household has stability akin to a permanent family. The criteria used to make this determination may include, among others, the following:

(a) The length of stay together among the occupants in the current dwelling unit or other dwelling units;
(b) The presence of minor, dependent children regularly residing in the household;
(c) Whether the household is a temporary living arrangement or a framework for transient living; and
(d) Whether the composition of the household changes from year to year or within the year.

(3) Any other factor reasonably related to whether or not the group of persons is the functional equivalent of a family.

C. Conditions. The Zoning Hearing Board may impose such additional conditions as it deems necessary for the general welfare, for the protection of individual property rights, and for ensuring that the intent and objectives of this chapter will be observed.

A. Intent. The intent of this section is to regulate earth disturbance, minimize stormwater runoff and protect soil resources and water quality. All grading or filling shall comply with this section.
B. Permit. Any activity which will result in the earth disturbance of more than 2,500 square feet of land area shall require a zoning permit. This section shall not apply to:

(1) Projects where zoning or subdivision and land development approval has been otherwise granted.
(2) Agricultural uses with an approved soil erosion and sedimentation control plan meeting the requirements of the County Conservation District and PA DEP.
(3) The installation of a lawn or garden.

See Permits and Certificates for procedure.
See Zoning permits for more information.
See Permits and licensing for more information.

C. Plan. The applicant shall include with the application for a zoning permit a plan setting forth the details of the earth disturbance and including any additional information deemed necessary by the Borough to determine compliance.
D. Soil erosion and sedimentation and stormwater control. Any earth disturbance shall comply with all applicable Borough, state and federal regulations.
E. Drainage. Any excavations for the removal of topsoil or other earth products must be adequately drained to prevent the formation of pools of water and shall not create drainage problems for adjacent properties or public streets.
F. Excavation. Unless specifically permitted, open excavations shall not be maintained, except those excavations made for the erection of a building or structure for which a permit has been issued.
G. Storage piles. Excavation materials shall not be stored in piles on a property for more than one year before being redistributed and graded on the property or removed from the property.
H. Dust. Dust problems shall be minimized during the excavation, storage, removal, and hauling of excavated materials.
I. Bedrock disturbance; aquifer protection. In cases where any earth disturbance will result in the excavation of bedrock, the Borough may require the applicant to submit a report from a qualified engineer or geologist detailing the geologic structure of the area proposed to be disturbed and identifying the probable impacts on groundwater supply and quality and how such impacts will be mitigated.
J. Revegetation/reforestation. The plan shall include provisions for the revegetation, stabilization, and/or reforestation of any disturbed areas.
K. Soil suitability. Disturbed areas shall be prepared for revegetation using soil in an amount and of a type necessary to support the vegetation.

Access for handicapped persons to all uses shall be provided in accord with all applicable state and federal regulations.

A landscaping plan meeting the requirements of Chapter 187: Subdivision and Land Development, for the proposed project shall be submitted by the developer for review and approval by the Borough. Landscaping shall be considered an improvement for the purposes of regulation by Chapter 187: Subdivision and Land Development.

(1) No person shall operate or cause to be operated on property any source of continuous sound (any sound that is steady, fluctuating, or intermittent with a recurrence greater than one time in any fifteen-second interval) in such a manner as to create a sound level that exceeds the limits set forth for the receiving land use category in the following Maximum Sound Levels Table when measured at the property line of the receiving land use.

Period	Commercial	Manufacturing	All Others
Monday to Saturday, 7:00 a.m. to 9:00 p.m.	65	70	60
Saturday, 9:00 p.m. to Monday. 7:00 a.m. Monday to Friday, 9:00 p.m. to 7:00 a.m. Legal holidays, 12:00 MIDNIGHT to 12:00 NOON	60	70	50

 

(2) The maximum sound levels listed in the Maximum Sound Levels Table above do not apply to the following noise sources:

(a) Emergency alerts.
(b) Emergency work to provide electricity, water, or other public utilities when public health or safety is involved.
(c) Snow removal or road repair.
(d) Domestic power tools between 8:00 a.m. and 9:00 p.m.
(e) Explosives and construction operations between 7:00 a.m. and 6:00 p.m., Monday through Saturday.
(f) Agriculture and forestry operations between 6:00 a.m. and 9:00 p.m.
(g) The operation of legally registered and inspected motor vehicles designed for use on public highways.
(h) Public celebrations authorized by the Borough.
(i) Railroads.
(j) The unamplified human voice.
(k) Outdoor sports or entertainment activities approved by the Borough.

(3) For any source that emits a pure tone, the maximum sound level limits in the table above shall be reduced by five dBA. For any source that emits an impulsive sound (a sound of short duration with an abrupt onset and rapid decay, and an occurrence of not more than one time in any fifteen-second interval), the excursions of sound-pressure level shall not exceed 20 dBA over the ambient sound-pressure level, regardless of time of day or night or receiving land use, using the "fast meter" characteristic of a Type II meter, meeting the ANSI specifications S1.4-1971, as amended.

(1) It is the purpose of this article to recognize that if, prior to the adoption on August 6, 1974, of the original Mount Pocono Borough Zoning Ordinance, as amended, reenacted and replaced, property was used for a then lawful purpose or in a then lawful manner which such zoning ordinance would render thereafter prohibited and nonconforming, such property is generally held to have acquired a vested right to continue such nonconforming use or nonconforming structure. Nevertheless, this does not preclude the Borough from regulating the change, alteration, reconstruction, reestablishment, extension, destruction, and abandonment of nonconforming uses in accord with the Pennsylvania Municipalities Planning Code and general case law.
(2) It is also the purpose of this article to limit the injurious impact of nonconforming uses and/or structures on other adjacent properties within a particular district and the community as a whole while recognizing that the change, alteration, reconstruction, reestablishment, or extension of nonconforming uses and/or structures may not be contrary to the public interest or the general purpose of this chapter, when failure to allow such change, alteration, reconstruction, reestablishment, or extension would itself lead to neighborhood or district deterioration.
(3) It is further the purpose of this article to prescribe those standards which are to be applied by the Borough in determining the reasonableness of a proposal to change, alter, reconstruct, reestablish, or extend a nonconforming use. The following are regulations which shall apply.

B. Applicability. The provisions and protections of this Article IX: Nonconformities shall apply only to those nonconforming lots, structures and uses which legally preexisted the applicable provisions of this chapter or which are recognized by § 215-61: Nonconformities under development or § 215-62: Nonconformities by variance of this Article IX: Nonconformities. Any lot, structure or use created, constructed or established after the effective date of the original Zoning Ordinance, as amended, reenacted and replaced, which does not conform to the applicable requirements, shall be considered an illegal lot, structure or use subject to the penalties prescribed by this chapter, and the said lot, structure or use shall not be entitled to any of the protections afforded to legal, preexisting nonconforming lots, structures or uses.

See Article IX: Nonconformities for more detailed information.

This section shall apply to all new and expanded uses and to changes of use and all such uses shall be provided with parking and loading areas adequate to meet the needs of the use. Any proposal which is considered a land development as defined by Chapter 187: Subdivision and Land Development, shall be governed by the parking and loading area design standards in that chapter. Following the establishment of any land development, the ongoing operation and maintenance of the off-street parking and loading facilities shall comply with the requirements of this section and violations shall be subject to the enforcement provisions of this chapter.

(1) Availability. The facilities required herein shall be available throughout the hours of operation of the particular business or use for which such facilities are provided. As used herein, the term "parking space" includes either covered garage space or uncovered parking lot space located off the public right-of-way.
(2) Location of parking. Required off-street parking spaces shall be on the same lot with the principal use served, except as approved in § 215-22K or § 215-22L.
(3) Continuing obligation of parking and loading spaces. All required numbers of parking spaces and off-street loading spaces shall be available as long as the use or building which the spaces serve still exists, and such spaces shall not be reduced in number below the minimum required by this chapter.
(4) Nonparking use. Required off-street parking, loading, and unloading facilities and accessways shall not be used for any other purpose, including, but not limited to, sales, display or storage areas, or the parking of any vehicles for which the area was not approved (e.g., parking of tractor trailers in required passenger vehicle areas).
(5) Existing parking. Any parking spaces serving such preexisting structures or uses at the time of the adoption of this chapter shall not in the future be reduced in number below the number required by this chapter. If a new principal nonresidential building is constructed on a lot, then any existing parking on such lot that serves such building shall be reconfigured to comply with this chapter, including, but not limited to, required parking and areas reserved for additional parking if needed, requirements for channelization of traffic from adjacent streets, channelization of traffic within the lot, minimum aisle widths, paving and landscaping.
(6) Garages and carports. Garages and carports not in the public right-of-way may be considered parking spaces.

B. Site plan; design, see § 215-22B

C. Illumination, see § 215-22C
D. Public rights-of-way, see § 215-22D
E. Parking between principal structure and road, see § 215-22E
F. Number of spaces to be provided, see § 215-22F
G. Loading and unloading areas, see § 215-22G

H. Access to off-street parking and loading areas, see § 215-22H
I. Parking and loading area setbacks and buffers, see § 215-22I
J. Grading and drainage; paving, see § 215-22J.
K. Off-lot parking, see § 215-22K.

L. Joint use parking, see § 215-22L

M. Shopping carts, see § 215-22M
N. Snow storage and removal, see § 215-22N
O. Landscaping, see § 215-22O
P. Parking of commercial vehicles, see § 215-22P

See Parking Demand Table for more information on parking.

All facilities and operations of any principal use, including the storage of raw material, finished products, fuel, machinery and equipment and any other materials or supplies, shall be enclosed and carried out within a building or they shall, as required by the Borough for conditional uses and special exceptions, be provided with larger setbacks and/or buffers to afford protection to adjoining uses and any public road rights-of-way.

(1) Unenclosed uses and activities shall, in any case, be a minimum of 100 feet from any existing residential structure or any R-1, R-2 or R-3 District, unless a greater setback is required by the Borough.
(2) Storage of equipment, supplies, products or any other materials shall not be permitted in any front yard or side yard.
(3) All outdoor storage facilities for fuel, raw materials, and other products stored outdoors or in storage containers (see definition in Article III: Terminology) shall be screened (see definition in Article III: Terminology), except for vehicles for sale or service and other products normally displayed outdoors for sale.
(4) Areas for the storage and sale of seasonal merchandise shall be permanently defined with walls and/or fences.
(5) Outdoor display and storage and storage containers shall not encroach on any portion of a walkway, accessway or required parking or loading spaces.
(6) Vehicles or trailers with wheels shall not be used as storage containers (see definition in Article III: Terminology).
(7) No materials or wastes shall be deposited in such form or manner that they may be carried off by natural causes or forces, nor shall any substance that can contaminate a stream or watercourse, or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or that will destroy aquatic life, be allowed to enter any stream or watercourse.
(8) All materials or wastes that might cause fumes or dust, that are fire hazards, or that may be attractive to rodents or insects, shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards.

A. Permitting certain uses in the Borough of Mount Pocono would have a profound negative effect on the community, and areas for the development of such uses are clearly available when growth and development is considered regionally. In addition, permitting the uses listed in this section would violate the basic tenet of zoning regulations: to protect established uses from the externalities (negative impacts) of incompatible uses. In addition, given the detrimental effect, the identified uses are hereby declared to be a public nuisance, the elimination of which is necessary to protect the public health, safety and general welfare of the residents of the Borough and public at large.

B. The following uses shall not be permitted in any location in the Borough (see definitions in Article III: Terminology):

(1) Airports.
(2) Concentrated animal feeding operations.
(3) Livestock operations and the keeping of any livestock.
(4) Menageries, zoos and keeping of wild or exotic animals.
(5) Shooting ranges, outdoor.
(6) Stables, commercial and private.
(7) Tents for commercial uses except in accord with § 215-21G(3)(d).
(8) Any other use not meeting all applicable requirements of this chapter.

A. Any of the following activities or any other activity or matter regulated by this chapter shall only be undertaken after the required permit or approval has been obtained in full compliance with this chapter:

(1) Erection, construction, movement, placement or extension of a structure, building or regulated sign;
(2) Change in the type of use or expansion of the use of a structure or area of land; and/or,
(3) Creation of a lot or alteration of lot lines.

B. Repairs and maintenance. Ordinary repairs, structural strengthening, facade improvements and maintenance to existing structures that do not infringe upon a required setback may be made without a zoning permit, provided such activity does not involve: 1) a change in use; 2) an expansion, construction or placement of a structure; 3) an increase in the number of dwelling units or boardinghouse units; and/or 4) any other activity regulated by this chapter.

In cases where deemed necessary by the Borough (e.g., correctional facilities and drug treatment centers), the applicant shall provide a plan addressing security needs to protect the health and safety of the public as well as the occupants of the proposed facility. Such plan shall include a description of the specific services to be offered, types of patients and/or residents to be served, and the staff to be employed for this purpose. The plan shall identify the forms of security normally required along with the type of care to be offered and detail the specific measures to be taken in the construction, development and operation of the facility so as to provide appropriate security. The plan shall, at a minimum, reasonably restrict unauthorized entry and/or exit to and from the property and provide for effective separation from adjoining residences by means of fencing, signs or a combination thereof. The plan shall also address measures to ensure that lighting and noise is controlled, particularly with respect to loudspeakers or other amplification devices and floodlights.

(See definitions in § 215-79A) Planned commercial developments and planned industrial developments shall be authorized to erect signs based on the criteria in this section. § 215-85B with respect to the number of signs shall not apply.

(1) Type and number. One monument sign shall be permitted for each point of vehicular access to the development. No other development identification signs shall be permitted.
(2) Display information. A development identification sign shall be limited to displaying the development name and logo, the development developer or management, and/or the development location and/or address. No such sign shall contain the name of any individual occupant of the development.
(3) Dimensions. No such sign shall exceed 50 square feet in area, 10 feet in width and eight feet in height above surrounding grade.
(4) Landscaping. Landscaping shall be provided in accord with § 215-81A(6).

B. Individual building signs. Where a development is comprised of two or more buildings, each individual building may erect one freestanding sign and one wall sign, or two wall signs.

(1) Freestanding sign. The freestanding sign shall not exceed 40 square feet in area and 20 feet in height and a landscaped island as defined in § 215-81A(6) shall be provided.
(2) Wall sign. The area of an individual wall sign shall not exceed 20% of the area of the building wall, including doors and windows, to which the sign is to be affixed, but not to exceed 40 square feet. (See § 215-88J for additional wall sign standards.)
(3) Display information. All such signs shall be limited to displaying the building name and logo, the building developer or management, and the building location and address. No such sign shall contain the name of any individual occupant of the development.

(1) Separate entrances. In a building with multiple separate divided areas between tenants with each area having a separate exterior entrance, a wall sign for each divided area shall be permitted.

(a) The wall sign for each divided area shall be attached to the exterior wall facade of the divided area it identifies.
(b) The area of the wall sign shall not exceed one square foot of sign area per one linear feet of divided area frontage on which the sign is to be attached, but not to exceed 40 square feet.
(c) See § 215-88J for additional wall sign standards.

(2) Common entrance. In a building containing multiple tenants with a main entrance designed for entry and exit of the majority of tenants and visitors to the building (that is, where separate exterior entrances for each divided area are not provided) multiple wall signs may be installed as follows:

(a) Wall signs may be erected on the facade containing the main entrance to the building, a building facade visible from a public street, and/or a building facade facing an interior driveway of the development.
(b) The number of wall signs on a facade shall not exceed the number of tenants or five wall signs on a facade, whichever is less.
(c) The maximum sign area for a wall sign affixed to the facade of a building shall not exceed 200 square feet subject, however, to the maximum aggregate sign area for all wall signs set forth below.
(d) The maximum aggregate sign area for all wall signs on each facade of a building shall be determined in accord with the following standards:
 

Facade Area	Maximum Aggregate Wall Sign Area
0 to 5,000 square feet	The aggregate area of permitted wall signs shall be the lesser of 5% of the wall facade area (including window and door areas and cornices to which the wall sign is attached) or 250 square feet.
5,001 square feet or greater	The aggregate area of permitted wall signs shall be the lesser of 3% of the wall facade area (including window and door areas and cornices to which the wall sign is attached) or 500 square feet.

D. Off-premises planned commercial development or planned industrial development identification signs, see § 215-97D
E. Alternative freestanding sign option for certain planned commercial developments, see § 215-97E

See Sign Permit Application for more information.

General standards and criteria for signs.
The regulations in this section specify the area and heights of signs that are allowed within the Borough and require a permit.

A. Determination of gross sign area. The area of a sign shall include all lettering, wording and accompanying designs and symbols together with the background, whether open or enclosed, on which they are displayed but not including any supporting framework and bracing which are incidental to the display.

(1) Where the sign consists of individual letters or symbols attached to or painted on a building wall or window, the area shall be considered to be that of the single smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols, including the sign background and frame.
(2) In computing square-foot area of a double-faced sign, only one side shall be considered, provided both faces are identical in size, otherwise the larger side shall be considered. If the interior angle formed by the faces of the double-faced sign is greater than 45°, then all sides of the sign shall be considered in calculating the sign area.

B. Determination of sign height. The height of all signs shall be determined as follows:

(1) The height of a sign erected within 30 feet of a road right-of-way line shall be measured from the natural grade level of the nearest edge of the travelway of the adjacent road to the top of the sign or sign structure.
(2) The height of all signs erected beyond 30 feet from a road right-of-way line shall be measured from the natural grade level immediately adjacent to where the sign is erected to the top of the sign or sign structure.

 

General requirements.
All signs erected within the Borough shall conform to the applicable building codes and to the following general requirements:

A. Design. No sign or part of a sign shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices. None of these devices, nor any strings of light, shall be used for the purpose of advertising or getting attention when not part of a sign, except as follows:

(1) In the case of a grand opening or similar event, banners, posters, pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices may be used for a period of 30 consecutive days upon application for a special sign permit.
(2) All temporary signs shall be affixed at all four corners or attached to a stable, flat surface. Temporary signs affixed to buildings shall be considered temporary wall signs and shall conform to the requirements in § 215-89: Temporary signs.
(3) Banners spanning municipal roadways are prohibited. Banners spanning state roadways require permission from the Pennsylvania Department of Transportation and issuance of a highway occupancy permit.

B. Limitation on number of signs. Excluding window decals, permitted accessory window signs and on-premises directional signs, or as may otherwise be modified by other provisions of Article XI: Signs, any business shall be limited to two on-premises exterior signs advertising the business in one of the following combinations:

(1) One freestanding sign and one sign attached to a building.
(2) Two signs attached to a building.

C. Maintenance. Every sign, including those specifically exempt from permits and permit fees, shall be maintained in good repair and in a safe, clean and attractive condition.
D. Sign illumination. Illuminated signs or sign-lighting devices shall employ only lights emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent rotating or moving light (see § 215-83C). No sign or lighting device shall be placed or directed to permit the beams and illumination to be directed or beamed upon a public road, highway, sidewalk or adjacent premises so as to cause a traffic hazard or nuisance.
E. Sign materials and construction. All signs shall be constructed of durable materials, designed to withstand expected wind pressures and erected so as not to sustain damage and deterioration from the elements. No sign shall contain iridescent or Day-glo paint.
F. Street rights-of-way. No sign or advertising device, including projecting signs, shall be located in or project over any road right-of-way nor be located within the clear sight triangle of any intersection, except for any public signs or signs erected by a governmental agency.
G. Content and protection of first amendment rights. Any sign, display or device allowed under this chapter may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit or to a commodity or service for sale and complies with all other requirements of this chapter.

See Article XI: Signs for more detailed information on signs.

See Sign Permit Application for more information.

(1) Development standards. Two or more principal buildings or uses located on a parcel in single ownership shall conform to all the requirements of this chapter which would normally apply to each building or use if each were on a separate district lot, including but not limited to setbacks, parking, lot coverage, and sewage disposal requirements.

(2) Residential density. For the purposes of density of residential structures, lot size shall be increased to maintain the density required by this chapter. For example, the parcel size required for three single-family dwellings on one parcel would be determined by multiplying the minimum lot size for one dwelling by a factor of three. See Subsection C(5) below for exception in C-1 District.

(3) Nonresidential uses. In the case of nonresidential uses, there shall be no limit on the number of uses or structures on a single parcel, provided all other standards of this chapter are satisfied. This shall not apply to adult businesses, junkyards, natural resource uses, solid waste facilities, or other uses with a special size requirement listed in this chapter; in which case, the parcel size shall be increased to provide for the minimum land area for each use on the parcel. See § 215-20C(7) for off-premises signs.

(4) Residential and nonresidential on the same lot. One residential unit per property shall be permitted in association with a nonresidential use(s) without an increase in the minimum lot size requirement, provided said unit is attached to and is an integral part of the principal nonresidential structure. The residential unit shall be occupied only by the owner or employee of the nonresidential use(s). Any additional residential dwelling units, if provided for in the district by the Schedule of Uses,[1] shall be permitted on the same lot as a nonresidential use only if the lot is of sufficient size to meet the residential unit density required by this chapter in addition to the land area needed to meet the density requirement for the nonresidential use. See § 215-20C(7) for off-premises signs.

(5) Residential and nonresidential in C-1 District commercial buildings. In the C-1 District, dwelling units shall be permitted on the upper floors of commercial buildings. The number of dwelling units need not comply with the density requirements on the Schedule of Development Standards, provided the required number of off-street parking spaces are provided, required setbacks are maintained, and all other ordinance provisions are satisfied.

(6) Structure separation. Principal structures located on the same lot shall be separated by a distance at least equal to twice the minimum side setback requirement for the district. (See § 215-21A for accessory structures.)

(7) Off-premises signs. No off-premises sign (§ 215-86: Off-premises signs) shall be permitted on any lot which is occupied by any other principal use or structure except as may be approved in accord with § 215-97D.

No liquid, solid, toxic or hazardous waste shall be stored or disposed in any commercial area, either above or below ground level, except for the temporary storage thereof pending removal from the premises. Such temporary storage and handling of waste shall be in a designated area and shall be conducted in compliance with all applicable state and federal regulations in order to prevent any water, soil or air contamination and shall be screened from view of adjoining properties and any public road right-of-way by fencing or other buffers. In addition, no waste discharge is permitted into any reservoir, sewage or stormwater disposal system, stream, open body of water or onto the ground. All waste materials shall be disposed of only in accord with all applicable state and federal regulations, and applications for any use which results in waste materials regulated by the state or federal governments shall include a list of all such wastes and the method of temporary storage, handling and disposal.

Placement and screening of waste containers.

A. Screening. All trash dumpsters shall be screened on three of four 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.
B. Setback from dwellings. Any solid waste container with a capacity over 15 cubic feet shall be kept a minimum of 15 feet from any property line.
C. Food sales. Any use that involves the sale of ready-to-eat food for consumption outside of a building shall provide at least one outdoor solid waste receptacle for customer use at a convenient location outside of the main exit door of the property. The operator of such use shall be responsible for regular emptying and maintenance of such receptacle.
D. Enclosed containers. Solid waste receptacles stored outdoors shall be adequately enclosed and covered to control the attraction of rodents and insects.