Borough of Baldwin, PA Conditional Uses, Special Exceptions, and Supplemental Regulations, Including Signs

Conditional uses are to be allowed or denied by Borough Council pursuant to the procedural requirements of the PA Municipalities Planning Code and recommendations by the Planning Commission and pursuant to expressed standards and criteria set forth for a particular use listed under this article.

In allowing a conditional use, Borough Council may attach such reasonable conditions and safeguards, in addition to those expressed herein, as it may deem necessary to implement the purpose of this chapter.

General requirements and standards for all conditional uses.

Borough Council shall grant a conditional use only if it finds adequate evidence that any proposed development will meet all of the following general requirements as well as any specific requirements and standards set forth for a particular use listed under this article.

Borough Council shall, among other things, require that any proposed use and location be:

Consistent with the spirit, purposes and the intent of this chapter.

In the best interest of Baldwin, the convenience of the community, the public welfare and be a substantial improvement to the property in the immediate vicinity.

Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.

In conformance with all applicable requirements of this chapter and all other Baldwin Borough ordinances.

The conditional use shall not involve any element or cause any condition that may be dangerous, injurious or noxious to any other property or persons, including traffic, light and noise impacts to adjacent residential properties.

The conditional use shall organize vehicular access and parking to minimize traffic congestion and maximize safety, including the provision of drop-off areas and vehicular pull-offs to minimize vehicle backups onto public roadways.

The landowner and/or developer shall have the burden of providing evidence to Baldwin of compliance with the general requirements of this section and the specific requirements of this article.

The Borough Council may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare.

Accessory uses to conditional uses.

Except for fences and signs, any accessory use or structure which is not approved as part of the application for conditional approval of the principal structure or use shall require submission of a conditional use application in accordance with the requirements of this chapter related to conditional uses.

All parking and loading areas or expansion or redesign of parking and loading areas shall be subject to the parking and loading requirements of this chapter.

In approving the accessory use or structure, the Borough Council shall consider whether any conditions are warranted to be attached to the approval to protect the public health, safety and welfare.

Automobile fuel station.

All automobile parts, dismantled vehicles and similar materials shall be stored within a completely enclosed building.

There shall be no more than one motor vehicle per employee and employer plus three customer's vehicles per repair bay parked outside an enclosed building at any time.

Gasoline pumps shall be located at least 40 feet from the centerline of the right-of-way of any street.

All fuel, oil or similar substances shall be stored at least 25 feet from any property line.

All property lines adjoining residential use or zoning district classification shall be screened by a buffer area as defined by this chapter which is at least six feet in depth measured from the property line.

All lighting shall be shielded away from adjacent properties and streets.

Automobile service and repair.

The minimum site area shall be two acres.

The site shall have frontage on and direct vehicular access to an arterial or collector road, as defined by this chapter.

The area used for the display of merchandise offered for sale and the area used for the parking of customer and employee automobiles shall be continuously paved and maintained in either concrete or asphalt over a base of crushed stone compacted to not less than six inches in depth, or other surfacing of an equivalent character, if approved by the Zoning Officer.

All lots used for the outdoor display of automobiles shall have a completely enclosed building on the same lot which has not less than 2,000 square feet of gross floor area where all repair, servicing, sales and customer car washing shall be performed.

No vehicle or other article or merchandise shall be displayed outdoors less than five feet from the lot lines of adjacent properties and no cars shall be parked on adjacent properties or in any street right-of-way.

No vehicle shall be displayed or offered for sale which does not have all of the mechanical and body components necessary for the safe and lawful operation thereof on the streets and highways of the commonwealth.

All lights and light poles shall be located at least 10 feet from any street right-of-way or property line and all lighting shall be shielded and reflected away from adjacent streets and properties.

No oscillating or flashing permitted on the lot, on any or poles on the lot or on any display outdoors.

Except for temporary special event displays, no strings of lights or flags, flashers or other display paraphernalia shall be permitted on the lot, on any structures or poles attached thereto, or on or in the merchandise displayed outdoors, except for such signs otherwise allowed under this chapter.

All required off-street parking spaces shall be reserved exclusively for the parking of customer and employee automobiles and shall not be used for the display of merchandise.

Customer vehicles with external damage awaiting repairs shall be located either inside a building or in an outdoor area which is screened in such a fashion so that the vehicles will not be visible from public streets or adjacent residential property.

All property lines adjoining residential use or zoning classification shall be screened by a buffer area, as defined by this chapter, which is at least four feet in depth as measured from the property line.

Bar or nightclub.

A bar or nightclub shall be located in accordance with the provisions of the Pennsylvania Liquor Control Board.

Hours of operation and activities must be appropriately scheduled to protect surrounding residential neighborhoods from detrimental noise, disturbance or interruption.

The owner(s) and operator(s) of a bar or nightclub shall be responsible for the conduct and safety of the patrons.

No more than one identification sign shall be permitted; said sign shall be a ground or a wall sign. The graphic area of the sign shall not exceed 40 square feet.

Billboards.

Billboards are a principal use, permitted only on property that is within the industrial districts and such property must be a minimum of 0.25 acres in size with frontage along an arterial or collector roadway.

Only one billboard is permitted per property and no additional signs are permitted on a property occupied by a billboard.

Billboards shall be set back a minimum of 250 feet from an existing residential structure, such that no part of the billboard or support structure is within 250 feet of an existing residential structure.

Billboards shall be set back a minimum of 1,000 feet from any existing billboard or the location of a billboard for which a sign permit is approved or pending.

All billboards shall be maintained in good repair, even when there is no occupied sign area within or on the billboard structure.

The sign area of all billboards shall be a maximum of 100 square feet per sign face.

Billboards shall have no more than two sign faces and the sign faces shall be mounted to the sign structure such that the faces are completely parallel with each other.

The maximum height of the structure and sign face of any billboard shall be 20 feet.

The illumination of any billboard shall be from exterior light fixtures; internal illumination of the sign area or any portion of the billboard is not permitted, except where the billboard is an LED sign. The billboard lighting shall be directed only to the sign face of the billboard and shall be provided by sharp cut-off, shielded light fixtures to minimize illumination spillover beyond the sign face.

All billboards shall be considered abandoned after a period of 12 months during which there is no occupied sign area within or on the billboard structure, excluding announcement that the billboard is available for rental. Abandoned billboards are prohibited.

All billboards that are LED signs shall meet the applicable requirements of this section pertaining to LED signs.

Building and landscape materials sales or storage yard.

Outdoor storage areas shall be screened from the public right-of-way and not conflict with off-street parking associated with the use. No outdoor storage areas shall be located between the front lot line of the lot and the front facade of the principal structure in which it is located.

A delivery plan for the use shall be submitted for Council approval.

Cemetery.

The landowner and/or developer shall provide a statement of guaranteed perpetual maintenance before approval is given.

No burial sites shall be within 50 feet of any lot line or 100 feet of a street right-of-way.

Access drives shall be located to take maximum advantage of sight distances for motorists.

Communications facilities. The granting of a conditional use for communications facilities and tower sites shall be subject to the following express standards and criteria:

The minimum tower site area shall be two acres.

No tower shall be located within 250 feet of an existing dwelling or of the property line within a residential zoning district or 500 feet of an existing school, hospital or similar use, measured from the nearest property line to the nearest property line.

No such tower shall be erected within 2,000 feet of another existing tower, measured from the property line of the tower site to the nearest property line of an existing tower.

Shared use of towers and structures shall be encouraged. If shared use of an existing tower is proposed, the applicant shall demonstrate that:

The proposed equipment would not exceed the structural capacity of the existing or approved towers.

The proposed equipment will not cause RF (radio frequency) interference with other existing or proposed equipment for that tower or surrounding towers of residents in the vicinity.

Addition of the proposed equipment would not result in NIER (nonionizing electromagnetic radiation) levels which exceed any adopted local, federal or state emission standards.

Communications facilities and their associated structures may exceed the height limitations of the district, subject, however, to § 168-420A, Exception to height limitations, hereof, provided that they shall be set back from any property line or public street right-of-way a minimum distance of 100% of the tower height or greater, if necessary, to guarantee that in the event of collapse the structure shall not fall on any adjacent property and all icefall or debris from tower failure shall be contained on the tower site.

Unless the communications facility is located on a building, the tower structure shall be completely enclosed by a chain-link or similar fence with self-latching gate to limit accessibility to the general public, unless the entire property is secured by such a fence. The fence shall be a minimum of eight feet high.

All guy wires and all guyed towers shall be clearly marked so as to be visible at all times. All guy wires shall be located a minimum of 100 feet from any property line.

The applicant shall submit evidence that the structure upon which an antenna is to be constructed, or a tower upon which an antenna is to be constructed, has been designed by a registered engineer and is certified by a registered engineer, and is certified by that registered engineer to be structurally sound and able to withstand wind and other loads in accordance with accepted engineering practice; every five years, an additional certification shall be submitted to the Borough.

The tower shall be subject to any applicable Federal Aviation Administration (FAA) and airport zoning regulations.

No sign or other structure shall be mounted on the tower, except as may be required and approved by the FCC, FAA or other governmental agency.

All lighting, except required beacons, shall be shielded and reflected away from adjoining properties.

A minimum of two off-street parking spaces shall be provided on the tower site, plus one off-street parking space for each on-site personnel.

(13)

Existing vegetation on the site shall be preserved to the maximum extent possible, as determined by the Borough Environmental Advisory Council.

(14)

A minimum twenty-foot (in width) easement or right-of-way for access shall be provided to the tower which is adequate to accommodate maintenance and emergency vehicles and which is improved with a dust-free, all-weather (chip and shot) surface sufficient to accommodate the weight of vehicles proposed to use the easement or right-of-way.

(15)

In the event that any tower ceases to be used as a communication facility for a period of six months, then the owner and/or operator of the tower or the owner of the land on which the tower is located shall be required to remove the same, and failing to do so, the Borough may cause the same to be removed and charge the cost of the removal to the foregoing parties. In addition, the Borough may file a municipal lien against the land to recover the cost of the removal and attorneys' fees as well as inspection fees incurred by the Borough.

(16)

The construction, erection, operation and maintenance shall comply with all applicable laws and regulations of the commonwealth and, in particular, the Department of Environmental Protection, Bureau of Air Quality, and its various bureaus and departments and of the Allegheny County Health Department.

(17)

Shared uses of towers or existing structures.

The shared use of towers and/or existing structures, such as water tanks, steeples and buildings, shall be encouraged; if shared use of an existing tower or structure is proposed, the applicant shall demonstrate that it is in compliance with all of the conditions of Subsection J(1) through (14) and (16) hereof, and shall be subject further to the following express standards and criteria:

No antenna or groups of antennas upon a tower or placed upon an existing structure shall have or create an additional height to the structure of more than 20 feet.

No antenna shall be located within 250 feet of an existing dwelling in a residential district or 500 feet of an existing school, hospital or similar use, measured from the nearest property line to the nearest property line.

No antenna shall be located or situate within 750 feet of another antenna, except that antennas may be located or situated upon the same tower or upon the same structure.

No antenna may be erected upon any structure having historical designation or which is recognized as a historic structure.

Each provider of personal wireless service facilities proposing to erect an antenna upon a structure, tower or other facilities shall be required to obtain approval of the enlargement or expansion of the conditional use and shall be required to execute applications for enlargement or expansion of said conditional use, which will be submitted to the Council for a conditional use hearing.

Crematorium.

Any and all odors and smoke generated as part of a crematorium operation shall be in conformance with the performance standards of this chapter.

Loading areas/docks shall be screened with either landscaping or fencing from neighboring uses.

No outdoor storage shall be permitted on a lot associated with a crematorium.

No crematorium shall be within 200 feet of any lot line.

Dry-cleaning facility.

The owner/operator must obtain and maintain pollution insurance or other surety in a form satisfactory to the borough to cover investigation and remediation costs associated with a potential spill of water or nonwater-based dry-cleaning solvent, in an amount not less than $500,000, naming the Borough of Baldwin for purposes of cancellation notification, for the entire duration of the on-site dry-cleaning operation.

For facilities utilizing nonwater-based solvent dry-cleaning machines, the applicant must maintain records of nonwater-based solvent consumption and shall store said solvents in closed, nonleaking containers.

On-site dry-cleaning may not be located in the same building with any residential use.

Entertainment facility.

The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to the hours of operation, noise, light, litter, dust and pollution.

Farm.

If the farm is made up of multiple properties, all property must be under single ownership.

A farm must be a minimum of five acres in size.

The entire area must be wholly located within a single zoning district.

Any area where animals are kept must be set back a minimum of 100 feet from residentially zoned or used property.

Financial institution, with drive-through.

The Borough shall require the landowner and/or developer to prepare and submit a traffic impact analysis of the proposed development.

Paved off-street stacking spaces shall be arranged in an orderly fashion so as not to cause blockage of any means of ingress or egress and to insure that the traffic flow on public rights-of-way is not endangered in any way. A separate means of ingress shall be established and clearly marked as shall be a separate means of egress from the bank. Should any traffic congestion occur in the public right-of-way, it shall be the responsibility of the owner to direct traffic away from the facility by posting a "Temporarily Closed" sign or other means. The Borough may require any traffic studies and associated improvements as a condition of approval.

No drive-through window, customer automated teller machine (ATM), or the like shall be located in a front yard.

The drive-through shall have direct access to a public right-of-way.

A minimum of three stacking spaces shall be provided for each drive-through lane.

Stacking shall not interfere with the normal traffic flow within the lot nor shall it cause the stopping of vehicles on any public right-of-way.

Hospital.

The facility shall be accredited by the commonwealth and shall have direct access to an arterial road/street.

Emergency facilities shall be located to minimize conflicts of circulation, parking, loading and delivery between surrounding land uses.

Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.

Buildings shall be no higher than 55 feet.

Institutional home and personal care home (large or small).

The appropriate area, bulk and height regulations for the appropriate district shall apply.

The proposed use and operation thereof must comply with all applicable environmental protection laws, statutes, regulations and rules of all federal, state, county and local governments and agencies, including all laws for the protection of the atmosphere, surface waters, underground waters and other natural resources.

The number of residents, including the operator's immediate family, in any institutional home shall be limited to not more than the number permitted by federal, state and/or county laws and regulations.

The lot area shall be provided at a minimum lot area of 8,000 square feet, plus an additional 500 square feet for each sleeping room in excess of three. Every unit of two beds or fraction thereof in a sleeping room shall be counted as a separate sleeping room.

There shall not be more than one personal-care home located in any one building or dwelling.

No personal-care home shall be located in a building that is occupied by any other residential type of use.

No personal-care home shall be spaced closer than 800 feet to any other personal-care home. Said distance of 800 feet shall be measured by imposing a circular area on an accurate plan by locating a point on the center of the subject building and by extending a radius of 800 feet from said center point. Any other building occupied or used as a personal-care home and located totally or partially within said circular space shall be cause for rejection of the application for conditional use.

Prior to approval of any application for establishment or operation of a personal-care home, the applicant shall provide proof satisfactory to the Borough Council that the applicant either has acquired or will be able to acquire all appropriate licenses and permits from the Pennsylvania Department of Public Welfare and the Allegheny County Department of Health prior to the issuance of a certificate of occupancy by the Borough. No building or other structure shall be occupied as or used as a personal-care home until the Borough certificate of occupancy is issued.

Supervision of the use and operation of the personal-care home shall be provided in accordance with all federal, state, county and local regulations, under the supervision of all relevant certifying agencies and by at least one responsible, nonclient adult available on the premises on a twenty-four-hour-per-day basis while any of the clients are on the premises.

Sleeping rooms, accommodations or facilities shall not be located in any basement and shall comply with all applicable life safety and health codes.

The construction, modification, establishment, use and operation of the personal-care home shall comply with all of the requirements of the applicable BOCA Codes then currently in effect and applying to new construction, reconstruction or modification, maintenance, repair and fire safety.

The applicant and/or operator shall provide adequate external lighting facilities, as required in the discretion of the Borough Council, for the protection of all clients, employees, operators and visitors to the personal-care home.

(13)

On-site parking facilities shall be provided at the ratio of one stall for every two full-time staff members and/or operators and one shall for every three nonstaff residents who are eligible and are permitted by the operator of the home to operate a motor vehicle.

(14)

The owner and/or operator of the personal-care home shall permit inspections of the facility from time to time by Borough officials and representatives of the Borough, including but not limited to the Borough Fire Chief or Assistant Fire Chief, any Borough police officer, the Borough Building Inspector or Zoning Enforcement Officer and the Borough Engineer. Such inspections shall be conducted at reasonable times but shall not be limited to daytime hours nor to normal business hours. Such inspections shall be conducted to ascertain the continued compliance by the operator and/or owner with all applicable federal, state, county and local statutes, ordinances, regulations and rules.

Mobile home park. For mobile home parks, the following regulations shall be observed:

Park size: 10 acres minimum.

Lot width: 100 feet for portions used for general vehicular entrances and exits.

Minimum setback: 75 feet from any road right-of-way located outside the mobile home park site.

Side and rear yards: 50 feet minimum from any mobile home to any property line.

The only permitted use in a mobile home park shall be the operation of detached single-family residential.

Private outdoor recreation.

All s, tennis courts, or other comparable facilities shall be considered structures for the purpose of this chapter.

Coverage, including structures, parking lots, and buildings, shall not exceed 50% of the lot.

The facility area and lot boundaries shall be landscaped as required by the Borough to minimize noise projection and make the grounds aesthetically compatible to the surrounding properties.

All structures shall not be less than 100 feet from any lot line, and no less than 200 feet from the nearest house.

All facilities shall have a paved parking area in accordance with this chapter; and it shall not be closer than 25 feet to any residential lot line.

All facilities shall abut a public road and have a permanent access thereto.

Alcoholic beverages without a Pennsylvania Liquor Control Board license, amplified music, and juke boxes shall be prohibited on the premises.

No direct or sky-reflected glare, whether from floodlights or any other kind of light, shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level.

All s shall be surrounded by a fence at least six feet in height, the entrance to which shall be kept locked when attendant is not present; and shall be constructed in accordance with all applicable state requirements.

Tennis courts shall be protected by a permanent fence 10 feet in height behind each base line extending 10 feet beyond the playing area in each direction.

The landowner and/or developer shall demonstrate the proposal will be compatible with the neighborhood and not adversely affect adjoining lots.

The amount of new traffic generated shall not have a detrimental impact on the neighborhood.

(13)

Plans shall clearly show ingress-egress facilities and provide proper sight visibility for motorists.

(14)

Hours of operation shall be scheduled to minimize negative impacts on surrounding residential neighborhoods. The Borough may limit hours within this time frame based on the use and location of the facility. Operating hours for the purpose of this section shall mean the period of time that the recreational or athletic activity is occurring.

Restaurant, with drive-through.

Required off-street parking for the restaurant shall be clearly designated and shall be located within 300 feet of the entrance to the restaurant.

Dumpsters and service areas shall be screened from the public right-of-way and not conflict with off-street parking associated with the use. No dumpsters and/or service areas shall be located between the front lot line of the lot and the front facade of the principal structure in which it is located.

Outdoor storage of materials shall not be permitted.

A delivery plan for the use shall be submitted for Council approval.

No drive-through window or the like shall be located in a front yard.

The drive-through shall have direct access to a public right-of-way.

A minimum of three stacking spaces shall be provided for each drive-through lane.

Stacking shall not interfere with the normal traffic flow within the lot nor shall it cause the stopping of vehicles on any public right-of-way.

Single-family attached.

All off-street parking spaces shall be incorporated into the building. Guest parking shall be located no more than 300 feet from each townhouse.

All dumpsters and/or waste collection areas shall be located at a minimum of 50 feet from the nearest residential unit and shall be enclosed by a fence, wall or hedge screen that is minimum of eight feet in height.

The maximum number of contiguous units is 10.

§ 168-410 Special exceptions.

Provisions for special exceptions.

Special exceptions are to be allowed or denied by the Zoning Hearing Board pursuant to the procedures and requirements of the Pennsylvania Municipalities Planning Code[1] and pursuant to expressed standards and criteria set forth for a particular use listed under this article.

Editor's Note: See 53 P.S. § 10101 et seq.

General requirements and standards for all special exceptions. Special exceptions are to be granted or denied by the Zoning Hearing Board pursuant to standards and criteria for a particular special exception stated in this chapter. The Zoning Hearing Board shall hear and decide upon written requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the Board may attach such reasonable condition and safeguards, in addition to those expressed herein, as it may deem necessary to implement the purpose of this chapter and Act 247 of the Municipalities Planning Code. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter. The Zoning Hearing Board may request a report and recommendation from the Planning Commission on the planning aspects of each application.

The special exception shall be in accordance with the standards specified for such classes of special exceptions.

The special exception shall not involve any element or cause any condition that may be dangerous, injurious or noxious to any other property or persons.

The special exception must be found to be beneficial to the public at the proposed location.

The application for a special exception listed herein shall be accompanied by a site plan and all other pertinent information as prescribed by the Zoning Hearing Board.

The special exception shall be sited, oriented and landscaped to produce a safe relationship of buildings and grounds to adjacent buildings and properties and be consistent with the environment of the neighborhood.

The special exception shall organize vehicular access and parking to minimize traffic congestion in the vicinity of the proposed special exception. The Zoning Hearing Board shall not approve a use in areas where a professional traffic engineering study indicates that a proposed use or structure will burden existing traffic so as to enhance the danger and congestion in travel and transportation and increase the number of accidents unless the property owner or applicant agrees to provide such traffic improvements as determined by the study.

The special exception shall preserve the spirit, intent and purpose of this chapter.

A public hearing shall be held prior to the Zoning Hearing Board deciding each request for a special exception.

The Zoning Hearing Board shall not approve a special exception until:

A written application for a special exception is submitted to the Zoning Officer, indicating the section of this chapter under which it is required.

Notice is given.

A public hearing is held.

If the Zoning Hearing Board determines that the application for a special exception meets all the applicable requirements of this chapter, the Board shall direct the issuance of a building permit for such special exception.

Sexually oriented businesses.

It is the purpose and intent of this section of this chapter to regulate sexually oriented businesses to promote the health, safety and general welfare of the citizens of the Borough and to establish reasonable and uniform regulations to prevent the continued deleterious location and concentration of sexually oriented businesses within the Borough. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material. The owner(s) and operator(s) of said use shall be responsible for the conduct and safety of the employees and patrons and shall be available to respond to inquiries and promptly quell any disturbances caused by the employees and/or patrons.

An adult book store or adult video store shall not be located within 1,000 feet of any other sexually oriented business. Said distance shall be measured from lot line of one facility to the nearest lot line of the other facility.

Said sexually oriented business shall not be permitted to be located within 1,000 feet of any school, day care, day nursery, indoor or outdoor public recreation facility, or any religious establishment; nor be closer than 500 feet from a residential use, nor from where any children are permitted and normally congregate.

For the purpose of this subsection, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a church, public or private pre-elementary, elementary or secondary school, public library, day care, day nursery; or to the nearest boundary of an affected public park.

No more than one sexually oriented business may be located in the same building, structure or portion thereof, or the increase of floor areas of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.

No materials, merchandise, film, or service offered for sale, rent, lease, loan, or for view shall be exhibited, displayed or graphically represented outside of a building or structure.

Any building or structure used and occupied as said facility shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise, film, service or entertainment are exhibited or displayed and no sale materials, merchandise, film or offered items of service or entertainment shall be visible from outside the structure.

No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, service or entertainment offered therein.

Sufficient screening and buffering of parking areas must be provided to protect the neighborhood from detrimental noise, dust and other disturbances.

Each and every entrance to the structure shall be posted with a notice of at least four square feet that the use is an adult-oriented establishment, that persons under the age of 18 are not permitted to enter, and warning all others that they may be offended upon entry.

Uses not listed.

Uses not listed. If a use clearly is not permitted by right, conditional use or as a special exception use by this chapter within any zoning district, the use is prohibited, except that the Zoning Hearing Board may permit such use as a special exception use if the applicant specifically proves to the clear satisfaction of the Zoning Hearing Board that all of the following conditions would be met:

Proposed use would be less intensive in external impacts and nuisances than uses that are permitted in the zoning district.

Proposed use would be closely similar in impacts and character to uses permitted in that zoning district.

Use is not specifically prohibited in that zoning district.

The Zoning Hearing Board will determine which permitted use (by right, conditional use or special exception) is most similar to the proposed use not listed. The use not listed will be subject to the same approval criteria, review process, dimensional standards, and development standards as the use to which it is found to be most similar.

§ 168-420 Supplemental regulations.

Exception to height limitations. In no event shall chimneys, exhaust stacks and roof-mounted equipment exceed a height above the building by a distance equal to 1/2 of the height of the building (from ground level) upon which such structure is to be placed. Church steeples shall in no event exceed a height in excess of 75 feet from the ground level of the church structure; communications facilities in no event shall exceed a height of 200 feet from ground level, except for communications facilities designed and intended strictly for use by governmental or quasigovernmental entities, such as police, emergency medical communications, public works communications, etc.

Construction within easements. No Borough permit shall be issued for use of on construction on land or property within a public or private easement or right-of-way without the express written consent of all affected easement or right-of-way holders. Additionally, no construction of private or nonpublic facilities or buildings shall take place within five feet of an easement or right-of-way.

Fences, walls and hedges.

Fences, walls and hedges shall be permitted by right in all zoning districts. Any fence or wall shall be durably constructed and well-maintained. Fences or walls that have deteriorated shall be replaced or removed.

No fence, wall or hedge shall obstruct the clear-sight triangle requirements of this chapter.

No fence, wall, hedge, or structure shall be permitted or erected in a public or private drainage, utility or access easement, unless otherwise required by this chapter or other ordinance. Any such fence erected in violation of this section shall be removed or relocated at the owner's expense.

It shall be unlawful to construct or alter any fence or wall over three feet high without first having secured a building permit. Fences and walls less than three feet high shall be considered ornamental and shall not require a permit. It shall be unlawful to vary materially from the approved submitted plans and specifications unless such variations are submitted in an amended application to the Zoning Officer or other designated municipal official and approved by this official.

Fences shall comply with the following:

Any fence located in the required front yard in a residential district shall:

Be an open-type of fence (such as picket, metal post, wrought iron or split rail) with a minimum ratio of 1:1 of open structural areas.

Not exceed 38 inches in height.

Not be constructed of chain link metal. Fences are encouraged to be constructed using weather-resistant wood, vinyl materials that resemble wood, or vinyl materials that resemble historic style metal post fences.

In a residential district on a corner lot at the intersection of two streets, the maximum height of a fence shall be 38 inches along the street from which the residence takes its address; the maximum in other yards shall be six feet, all subject to Subsection C(5)(a)[2] above.

Brick may be used for posts or as a base for a fence, provided the maximum fence height is not exceeded.

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

Fences that are not within a residential district shall have a maximum height of eight feet, subject to Subsection C(2) above.

A maximum height of 12 feet shall be permitted where the applicant proves to the Zoning Officer that such taller height is necessary to protect public safety around a specific hazard, such as around an electric substation.

Structural posts of a fence may extend above the height of the fence.

(h)

All fence heights shall be measured from the average surrounding ground level.

(i)

No fence shall be built within an existing street right-of-way.

(j)

A fence may be built without a setback from a lot line; however, a small setback is recommended to provide future maintenance of the fence.

(k)

Barbed wire shall not be used as part of fences around dwellings.

(l)

No fence shall be constructed out of fabric, junk, junk vehicles, appliances, tanks or barrels.

(m)

If one side of a fence includes posts or supports, those posts or supports shall be placed on the interior of the fence, as opposed to facing onto a street or another lot.

(n)

If a fence is finished only on one side, the finished side shall face outward away from the lot or parcel upon which it is located.

Walls shall comply with the following:

Engineered retaining walls needed to hold back slopes are exempted from the regulations of this section and are permitted by right as needed in all zoning districts.

Walls, except a retaining wall, in the minimum front yard in a residential district shall have a maximum height of 38 inches. In a residential district on a corner lot at the intersection of two streets, the maximum height of a wall shall be 38 inches along the street from which the residence takes its address; the maximum in other yards shall be six feet.

Walls that are structurally part of a building shall be regulated as part of that building.

All wall, fence and hedge heights shall be measured from the average surrounding ground level.

Off-street parking standards.

Off-street parking spaces are required as follows:

	Off-Street Parking
	Land Use	Required Parking
	Residential Uses
	Multiple-family	2 for each family dwelling unit
	Multistory multiple-family	1 indoor and 1 outdoor per dwelling unit
	Single-family attached	2 for each family dwelling unit
	Single-family detached	2 for each family dwelling unit
	Two-family dwelling	2 for each family dwelling unit
	Nonresidential Uses
	Artist and photography studio	Parking or storage space for all vehicles used directly in the conduct of the business, plus 2 for each person regularly employed on the premises
	Automobile fuel station	Parking or storage space for all vehicles used directly in the conduct of the business, plus 1 space for each gas pump, 3 spaces for each grease rack or similar facility and 1 space for every 2 persons employed on the premises at maximum employment on a single shift
	Automobile laundry	Parking or storage space for all vehicles used directly in the conduct of the business, plus 1 space for every 2 persons employed on the premises at maximum employment on a single shift
	Automobile service and repair	Parking or storage space for all vehicles used directly in the conduct of the business, plus 1 space for each gas pump, 3 spaces for each grease rack or similar facility and 1 space for every 2 persons employed on the premises at maximum employment on a single shift
	Bar or nightclub	1 for each table or booth, plus 1 for every 2 stools at the bar or counter, plus 1 for every 2 employees on peak shift
	Billboard	None
	Building and landscape materials sales or storage yard	Parking or storage space for all vehicles used directly in the conduct of the business, plus 2 for each person regularly employed on the premises; plus 1 space for each 250 square feet of total floor area devoted to sales
	Cemetery	Parking or storage space for all vehicles used directly in the conduct of the business, plus 2 for each person regularly employed on the premises. For every 25 employees, there shall be at least 2 parking spaces provided for visitors
	Communications facility	None
	Crematorium	Parking or storage space for vehicles used directly in the conduct of such business, both owned or operated by the business itself or by the customers or users of the facility, plus 2 spaces for each employee regularly employed on the premises during peak shift; 1 for every 2,000 square feet of total floor area in the structure, whichever results in the greater number of spaces; or 1 parking space shall be provided for each employee or each 1,500 square feet of floor area in manufacturing establishments or 2,500 square feet of floor space in other types of establishments. The formula providing the greater number of parking spaces shall be enforced; however, in computing the number of employees, those of maximum day shifts shall be counted. For each 25 employees, there shall be at least 1 parking space provided for visitors
	Day care or day nursery	1 for each employee on peak shift, plus 1 for every 5 students/children that can be accommodated in the facility
	Dry cleaning (retail)	Parking or storage space for all vehicles used directly in the operation of such establishment, plus 1 space for each 250 square feet of total floor area
	Dry cleaning facility	Parking or storage space for vehicles used directly in the conduct of such business, both owned or operated by the business itself or by the customers or users of the facility, plus 2 spaces for each employee regularly employed on the premises during peak shift; 1 for every 2,000 square feet of total floor area in the structure, whichever results in the greater number of spaces; or 1 parking space shall be provided for each employee or each 1,500 square feet of floor area in manufacturing establishments or 2,500 square feet of floor space in other types of establishments. The formula providing the greater number of parking spaces shall be enforced; however, in computing the number of employees, those of maximum day shifts shall be counted. For each 25 employees, there shall be at least 1 parking space provided for visitors
	Entertainment facility	1 for every 6 seats available at maximum capacity
	Essential services	None
	Farm	Parking or storage space for all vehicles used directly in the conduct of the business, plus 2 for each person regularly employed on the premises
	Financial institution, with drive-through	1 for every 4 customers computed on the basis of maximum servicing capacity at any 1 time, plus 1 additional space for every 2 persons regularly employed during peak shift on the premises
	Financial institution, without drive-through	1 for every 4 customers computed on the basis of maximum servicing capacity at any 1 time, plus 1 additional space for every 2 persons regularly employed during peak shift on the premises
	Funeral home	Parking or storage space for all vehicles used directly in the conduct of the business, plus 1 space for every 2 persons regularly employed on the premises at any 1 time, plus 1 space for every 25 square feet of floor area in the parlors of the establishment
	Garden center	Parking or storage space for all vehicles used directly in the conduct of such business, plus 1 parking space for each 250 square feet of total area, or 150 square feet of floor space used for retail trade or 250 square feet of gross floor area, whichever is greater
	Hospital	1 for each 4 beds intended for patients, excluding bassinets, plus 1 per doctor, plus 1 per 2 employees on peak shift, plus 1 per hospital vehicle
	Institutional home	1 for each 3 beds intended for patient occupancy, plus 1 space for each doctor, plus 1 space for every 2 employees regularly employed during peak shift, plus 1 space for each vehicle used in the conduct of the business
	Library or museum	1 for every 4 customers computed on the basis of maximum servicing capacity at any 1 time, plus 1 additional space for every 2 persons regularly employed during peak shift on the premises
	Manufacturing	Parking or storage space for all vehicles used directly in the conduct of such industrial use, plus 1 parking space for every 3 employees on the premises at maximum employment on the peak shift, or 1 parking space per 2,000 square feet of floor space, whichever results in the greater number of spaces; or 1 parking space shall be provided for each employee or each 1,500 square feet of floor area in manufacturing establishments or 2,500 square feet of floor space in other types of establishments. The formula providing the greater number of parking spaces shall be enforced; however, in computing the number of employees, those of maximum day shifts shall be counted. For each 25 employees, there shall be at least 1 parking space provided for visitors
	Mixed-use or live/work building	2 for each family dwelling unit; for offices, 1 for each 300 square feet of gross floor area exclusive of the area used for storage, utilities and building service areas; for other non-residential uses, parking or storage space for all vehicles used directly in the conduct of such business, plus 1 parking space for each 250 square feet of total area
	Mobile home park	2 for each family dwelling unit
	Motel-hotel	1 for each sleeping room offered for tourist accommodation, plus 1 space for each dwelling unit on the premises and plus 1 additional space for every 2 persons regularly employed on the premises during peak shift; or 1 off-street parking space for each separate sleeping unit in addition to 5 off-street visitor parking spaces per 100 units or fraction thereof and 1 off-street parking space for each employee. If the motel-hotel facility also has related uses such as restaurants or public meeting facilities, additional parking shall be provided in accordance with the requirements for restaurants, meeting places, etc.
	Municipal facilities	As determined by the Borough
	Personal care residence, large	1 for each 3 beds intended for patient occupancy, plus 1 space for each doctor, plus 1 space for every 2 employees regularly employed during peak shift, plus 1 space for each vehicle used in the conduct of the business
	Personal care residence, small	1 for each 3 beds intended for patient occupancy, plus 1 space for each doctor, plus 1 space for every 2 employees regularly employed during peak shift, plus 1 space for each vehicle used in the conduct of the business
	Personal services	Parking or storage space for all vehicles used directly in the operation of such establishment, plus 1 space for each 250 square feet of total floor area
	Private outdoor recreation	1 for every 4 customers computed on the basis of maximum servicing capacity at any 1 time, plus 1 additional space for every 2 persons regularly employed during peak shift on the premises
	Professional office	2 for each doctor or dentist, plus 1 space for every 2 regular employees, plus 1 space for each 250 square feet of total floor area For other offices, 1 for each 300 square feet of gross floor area exclusive of the area used for storage, utilities and building service areas
	Public administration or education facility	1 for every 6 seats available at maximum capacity in the assembly hall, auditorium, stadium or gymnasium of greatest capacity on the school grounds or campus. If the school has no assembly hall, auditorium, stadium or gymnasium, 1 space shall be provided for each person regularly employed at such school plus 2 additional spaces for each classroom; or 20 students in elementary schools; 10 classroom seats in other schools or each 125 square feet of auditorium space provided or for every 3 fixed auditorium seats, whichever is greater
	Public recreation	As determined by the Borough
	Public utility service buildings, structures or facilities	As determined by the Borough
	Religious establishment	1 for every 6 seats available at maximum capacity
	Restaurant, with drive-through	1 for each table or booth, plus 1 for every 2 stools at the bar or counter, plus 1 for every 2 employees on peak shift
	Restaurant, without drive-through	1 for each table or booth, plus 1 for every 2 stools at the bar or counter, plus 1 for every 2 employees on peak shift
	Retail, large	Parking or storage space for all vehicles used directly in the conduct of such business, plus 1 parking space for each 250 square feet of total area, or 150 square feet of floor space used for retail trade or 250 square feet of gross floor area, whichever is greater
	Retail, small	Parking or storage space for all vehicles used directly in the conduct of such business, plus 1 parking space for each 250 square feet of total area, or 150 square feet of floor space used for retail trade or 250 square feet of gross floor area, whichever is greater
	Self-service laundry	Parking or storage space for all vehicles used directly in the conduct of such business, plus 1 parking space for each 250 square feet of total area, or 150 square feet of floor space used for retail trade or 250 square feet of gross floor area, whichever is greater
	Sexually oriented businesses	1 for every 2 customers computed on the basis of maximum servicing capacity at any 1 time, plus 1 additional space for every person regularly employed during peak shift on the premises
	Uses not listed	Subject to the parking standards for the similar use as determined by the Zoning Hearing Board
	Veterinarian facility	2 for each veterinarian, plus 1 space for every 2 regular employees, plus 1 space for each 250 square feet of total floor area

Aisle widths. Notwithstanding anything contained herein to the contrary, all parking spaces shall be required to show an aisle width of 20 feet for 90° parking and a minimum aisle width of 15 feet where angle parking is to be used.

Off-street loading regulations.

Loading space description. An off-street loading space shall be a hard-surfaced area of land, open or enclosed, other than a street or public way, used principally for the standing, loading or unloading of motor trucks, tractors and trailers so as to avoid undue interference with the public use of streets and alleys. A required loading space shall be not less than 10 feet in width, not less than 14 feet in height and of adequate length to suit the specific use, exclusive of access aisles and maneuvering space, except as otherwise specifically dimensioned herein.

Location. No permitted or required loading space shall be closer than 50 feet to any property in a residential district unless completely enclosed by building walls or an ornamental fence or wall or any combination thereof not less than six feet in height. No permitted or required loading space shall be located within 25 feet of the nearest point of intersection of any two streets. Loading space open to the sky may be located in any required yards.

Measurement of spaces. When determination of the number of required off-street loading spaces results in a requirement of a fractional space, any fraction up to and including 1/2 may be disregarded and fractions over 1/2 shall be interpreted as one loading space.

Surfacing. All open off-street loading berths shall be improved with a compacted base, surfaced with all-weather dustless material of adequate thickness to support the weight of a fully loaded vehicle.

Spaces required. Every building or structure used for business, trade or industry shall provide space as herein indicated for the loading and unloading of vehicles off the street or public alley. Such spaces shall have access to a public alley or, if there is no alley, to a street. Off-street loading and unloading space shall be in addition to and not considered as meeting a part of the requirements for off-street parking space. Off-street loading and unloading space shall not be used or designed, intended or constructed to be used in a manner to obstruct or interfere with the free use of any street, alley or adjoining property. The following off-street loading and unloading space requirements for specific requirements for specific uses shall be provided:

Multiple-family multistory dwellings: one off-street loading and unloading space for every 12 dwelling units, such spaces to be not less than 10 feet wide and 30 feet long, provided that at least one of such required spaces shall be not less than 55 feet long to accommodate a moving van.

All uses in non-residential districts: one off-street loading and unloading space at least 10 feet wide and 30 feet long for every 3,000 square feet of total floor area.

Multistory multiple-family dwellings and all uses in non-residential districts: one off-street loading and unloading space at least 10 feet wide by 30 feet long for every 30,000 square feet of total floor area.

Industrial uses, manufacturing, dry-cleaning facility, crematorium: one off-street loading and unloading space at least 12 feet by 50 feet for every 10,000 square feet of total floor area.

Outdoor storage.

Outdoor storage of any type shall not be permitted unless such storage is a part of the normal operations conducted on the premises, subject to design and performance standards for the prevailing zoning district.

Any permitted outdoor storage shall be screened from view of adjacent residential dwellings and public streets by a landscaped area, fence or wall.

Microwave antennas or parabolic disks. Microwave antennas or parabolic disks for use of television satellite communications, transmissions or receptions (hereinafter called "microwave antennas") shall be subject to the following regulations.

All residential zones. Microwave antennas shall be considered as a permissible accessory use, subject to the following:

The diameter of the microwave antenna shall not exceed 10 feet.

When separately supported, the total height of the microwave antenna shall not exceed 12 feet.

The microwave antenna shall be located only in the rear yard and not closer than 15 feet to any property line.

When roof-mounted, the microwave antenna shall be located on the portion of the roof sloping away from the front of the lot, and no part thereof shall project above the height line; except, however, that those satellite dishes that are less than one meter (39 inches) in diameter may be mounted on that portion of the roof sloping toward the front of the lot. The Zoning Officer may waive the provisions of this section of the chapter if the property owner can definitively demonstrate that the property owner's reception will be of an unacceptable quality or that the installation, maintenance or use will be prevented by this section of this chapter.

No more than one microwave antenna shall be permitted on any lot.

When not roof-mounted, the microwave antenna shall be screened from adjoining lots by the installation and maintenance of a completely planted visual barrier to consist of evergreen plantings or any other inexpensive shrubbery.

Before the erection of any microwave antenna which requires a height in excess of 12 feet, or which has a diameter of more than one meter (39 inches), a permit application shall be made to the Borough and a permit shall be issued, provided that the construction meets all acceptable safety standards and other provisions of this chapter.

All commercial and industrial districts. Microwave antennas shall be considered a permissible accessory use, subject to the following regulations.

Microwave antennas up to 16 feet in diameter may be installed.

General regulations. Microwave antennas shall, in all districts, be subject to the following additional general regulations:

No microwave antenna may be erected in any district or any location within a district which is prohibited by regulation of the Federal Communications Commission or other regulatory agency having jurisdiction.

Microwave antennas shall be properly anchored and installed to resist a minimum wind load of 30 pounds per square foot of projected horizontal area. Supports, anchors and foundations shall take into account overturning movements and forces created by wind loading. The safety factor against overturning or sliding for wind forces on microwave antennas shall be 2.0.

Nothing contained in this section shall be construed to permit as a permissible accessory use a microwave antenna for satellite communication used or intended to be used for the propagation or transmission of radio or electromagnetic waves.

Accessory uses.

This section applies to any subordinate use of a building, structure or use of land that is:

Conducted on the same lot as the principal use to which it is related; and

Clearly incidental to, and customarily found in connection with, the principal use or structure.

Where a principal use or structure is permitted, such use may include accessory uses and structures subject to this section.

No use shall be permitted as accessory to a dwelling unit in any residential district that involves or requires any construction features or alterations not residential in character, except a private detached garage, and except that one accessory use building may be erected on each lot in a residential district subject to the following regulations:

The construction and location of any accessory use building shall be approved by the Zoning Officer.

No person shall erect or install an accessory use building without having first obtained a building permit.

All accessory use buildings shall be fully enclosed and shall have a maximum floor area of 150 square feet and a maximum external height of 12 feet measured from grade level at the door entrance.

All accessory use buildings shall be located in the rear yard. The minimum distance between a side lot line and the accessory use building shall be the same as the distance between the dwelling and the side lot line but not less than five feet. The minimum distance between the accessory use building and the rear lot line shall be five feet. Accessory use buildings shall not be located or enlarged by additions without obtaining a new building permit.

All accessory use buildings shall be painted in harmony with the dwelling located on the lot; the building shall be maintained in suitable repair and shall not be permitted to become unsafe or unsightly; the building shall not be used for any habitable purpose or for the storage, either temporary or permanent, of any vehicle licensed to travel on any road or highway; the building shall be kept free from objectionable odors; and the area immediately adjacent to the building shall not be used for the storage of any material; nor shall any accessory building be located within or upon any easement running over and upon the subject property.

If any accessory use building is not used for its intended or permitted purpose, or is found unsafe by the Zoning Officer in accordance with the provisions of this chapter, and the Zoning Officer shall give notice in writing to the owner of said accessory use building to immediately repair said building or to remove the same within 10 days from the receipt of said written notice, or the owner shall be considered in violation of this chapter and subject to all of the penalties contained herein.

Parking of commercial vehicles on residential streets. Commercial vehicles and/or trucks exceeding one-ton load capacity are hereby prohibited from parking on residential streets in the Borough of Baldwin at all times; except, however, that the loading or unloading of the same for deliveries and moving shall not be prohibited nor shall the parking of such vehicles be prohibited on residential streets when the same are so parked so as to provide services or accommodate the residents of the Borough of Baldwin in providing services, improvements or repairs needed by such residents or intended for use of a resident, which vehicles are customarily and ordinarily used in providing such services or repairs. The prohibitions contained herein shall not apply to pickup trucks and panel trucks, which trucks are ordinarily and primarily used as family vehicles and do not exceed the weight limitations prescribed herein.

Carports.

Carports shall be no less than 10 feet from the side yard of any adjacent property and 35 feet from the rear yard line of any adjacent property.

Carports shall stand in measurement no more than 10 feet by 20 feet at the widest portion. Carports shall have a maximum height of 14 feet.

Air conditioners. An air conditioner shall be located either in front or back of the home and as close as possible to the center of the home. A whole house air conditioner may be permitted on the side of the home where there is a minimum of 15 feet between structures and landscaping provided. Such air conditioners shall be subject to noise levels as measured in decibels not to exceed 60 at a distance of 20 feet from the unit (Source: Pennsylvania Department of Community Affairs — Model Municipal Ordinance for the Regulation of Noise: Figure II). A plan showing the location and landscaping must be submitted prior to the issuance of a permit.

Yard or garage sales.

All goods offered for sale shall be sold or removed immediately after the sale.

Such sales shall be limited to two per calendar year per property.

Each sale shall not exceed two days in duration.

Non-residential design standards.

Off-street parking design standards.

Parking spaces shall be clearly delineated by painted lines or markers.

Stalls shall be provided with bumper guards or wheel stops when necessary for safety or protection to adjacent structures or landscaped areas.

Surface drainage shall be connected to the existing or proposed drainage system.

All vehicular entrances and exits to parking areas shall be clearly designated for all conditions.

Short-term visitor parking spaces shall be differentiated from long-term employee spaces by suitable markings.

If spaces are used during evening hours, appropriate lighting shall be provided.

Screening.

A planted visual barrier or landscape screen shall be provided and maintained by the owner or lessee of a property between any district and contiguous residentially zoned districts, except where natural or physical man-made barriers exist. This screen shall be composed of plants and trees arranged to form a low level and a high level screen. The buffer area for screening when abutting a residential district shall be a minimum of 25 feet. The high level screen shall consist of trees planted with specimens no younger than three years in age and planted at intervals of not more than 10 feet. The low level screen shall consist of shrubs or hedges planted at an initial height of not less than two feet and spaced at intervals of not more than five feet. The low level screen shall be placed in alternating rows to produce a more effective barrier. The low screen shall consist of a spread of 2 1/2 feet. The high screen shall consist of the calibration of 2 1/2 inches and a minimum of 15 feet in height. Screening must be maintained and replaced when necessary by the property owner.

Any existing business affected by these regulations at the time of passage of this chapter shall not be required to comply with the above screening requirements except in case of enlargement or major alteration of such business. Similarly, for any zoning district boundary change after the passage of this chapter initiated by a residential developer abutting a commercially or industrially zoned property for which these regulations apply, these screening requirements shall not be imposed upon such commercial or industrial property.

Storage.

Any article or material stored temporarily outside an enclosed building or as an incidental part of the primary operation shall be so screened by opaque ornamental fencing, walls or evergreen planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on the ground level. All organic rubbish or storage shall be contained in airtight verminproof containers which shall also be screened from public view.

Landscaping.

Any part or portion of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover and shall be landscaped with trees and shrubs in accordance with an overall landscape plan and shall be in keeping with natural surroundings. A replacement program for nonsurviving plants should be included.

The plot plan must show a satisfactory method of irrigating all planted areas. This may be either by a permanent water system or by hose. Any single parking area with 50 or more spaces shall utilize at least 5% of its area in landscaping, which shall be in addition to open area requirements of the district.

Shopping cart storage. Any establishment which furnishes carts or mobile baskets as an adjunct to shopping shall provide definite areas within the required parking space areas for storage of said carts. Each designed storage area shall be clearly marked for storage of shopping carts.

Lighting. All parking areas, driveways and loading areas shall be provided with a lighting system which shall furnish a minimum of 35 footcandles at any point during hours of operation, with lighting standards in parking areas being located not farther than 100 feet apart. All lighting shall be completely shielded from traffic on any public right-of-way and from any residential district.

Interior circulation, access and traffic control.

The interior circulation of traffic shall be designed so that no driveway or street providing parking spaces shall be used as a through street. If parking spaces are indicated by lines with angles other than 90°, then traffic lanes shall be restricted to one-way, permitting head-in parking. No driveway or street used for interior circulation shall have traffic lanes less than 10 feet in width.

Areas provided for loading and unloading of delivery trucks and other vehicles and for the servicing of shops by refuse collection, fuel and other service vehicles shall be adequate in size and shall be so arranged that they may be used without blockage or interference with the use of accessways or automobile parking facilities.

All accessways to any public street or highway shall be designed in a manner conducive to safe ingress and egress, as determined by the Planning Commission and the Borough Council. Where practicable, exits shall be located on minor, rather than major, streets or highways.

No design shall be approved which is likely to create substantial traffic hazards endangering the public safety. Safety requirements which may be imposed in such a review shall include traffic control devices, acceleration or deceleration lanes, turning lanes, traffic and lane markings and signs. The developer shall be responsible for the construction of any such traffic control devices.

Building design. Buildings shall be designed to take advantage of the natural terrain and shall not be physically located to unnecessarily concentrate activity in one portion of the lot. At least one entranceway shall be maintained at ground level. All pedestrian entrances shall be paved with an all-weather surface. A curbing shall be provided to separate parking areas, streets and driveways.

Vehicles. Any movable structure, trailer, automobile, truck or parts of these items or any other items of similar nature allowed to remain on the premises a longer time than that required to load, unload or otherwise discharge its normal functions shall be considered subject to all regulations set forth in this chapter for buildings and structures, as defined herein.

Signs.

Purpose. The purpose of this section is to permit such signs that will not, by their size, location, construction or manner of display, obstruct the vision necessary for traffic safety, or otherwise endanger public health, safety and morals; and to permit and regulate signs in such a way to support and compliment Baldwin Borough's community character and advance the community objectives set forth in the Borough Comprehensive Plan. Additionally, the purpose of the Borough's sign regulations are to:

Encourage the effective use of signs as a means of identification and communication.

To maintain and enhance the Borough's unique community aesthetic and character.

To promote pedestrian and vehicular safety and prohibit the erection of signs in such numbers, sizes and designs, and locations that may create a hazard to pedestrian and vehicular traffic.

To minimize adverse effect of signs on nearby public and private property.

To promote and protect the public health, safety, morals, and general welfare of the Borough.

To promote the installation of signs that are complementary to the buildings they serve and consistent with the general character of the surrounding development.

To provide adequate identification for locations within the Borough while minimizing sign clutter and confusion.

(h)

To avoid the uncontrolled proliferation of signs.

(i)

To promote legibility, reduce the time needed to read signs, and reduce vehicular driver distraction.

(j)

To restrict signs that overload the public's capacity to receive information or that increase the probability of traffic congestion and accidents by distracting attention or obstructing vision.

(k)

To avoid potential hazards to motorists and pedestrians using the public streets, sidewalks, and rights-of-way.

(l)

To control public nuisances created by signs.

Permits, inspection, maintenance.

No sign or sign structure shall be erected, displayed, altered, or relocated, except as provided for herein, until a sign permit has been issued by the Zoning Officer. A separate permit shall be required for each sign requiring a permit.

Regular, routine, and customary maintenance, including the repainting of an existing sign, where no change in lettering size, no new graphic elements or new content of any kind is contemplated, shall not require a sign permit.

Repairs to damaged sign faces or sign structures shall not require a sign permit.

Replacement of a sign face with an identical sign face utilizing identical materials, shall not require a sign permit.

Applications for a permit shall be submitted on a form provided by the Borough and fee paid as set forth by the Borough fee schedule, as amended from time to time.

Provided the application is in order, applicable fees are paid, and the requirements of this article are met, the Zoning Officer shall issue a building permit for the erection of the sign. Such permit shall expire 12 months from the date of issuance. If construction or erection of the sign is not completed within this time frame, the permit shall be deemed null and void.

Inspections by the Zoning Officer shall be made to determine compliance with those regulations and specifications. Any discrepancies shall be identified, in writing, citing the irregularities and the action(s) required to address the requirements. If no action has been taken by the sign owner within 30 days, the sign shall be deemed in violation and the permit shall be revoked, the sign may be requested to be removed, and legal actions may be undertaken.

The Zoning Officer may remove, or order the removal of, any sign erected, or placed, in violation of this chapter, at the expense of the sign owner.

Signs that are found to present an immediate hazard to the public may be ordered removed, immediately by the Zoning Officer, without notice, and the cost assessed to the sign owner.

Exempt signs. The following types of signs shall not require the issuance of a sign permit:

Address markers.

Signs erected by a public agency or utility providing warning or information to the public, and any signs erected by the Borough or under direction of the Borough.

Signs denoting the availability of property for lease or sale, a maximum of 12 square feet in area and a maximum of one sign per property. Such signs shall be permitted only if the property on which the sign is located, or a building thereon, is for lease or sale. No such sign shall be located within the public right of way.

Political signs. Such signs shall be removed within seven days after the political event for which they were intended.

Temporary signs.

Temporary event signs and banners announcing a nonprofit event of a civic organization for noncommercial purposes, provided that there is only one sign per property and the sign shall not exceed 32 square feet in area, and the sign shall be erected for a period not to exceed 30 days prior to the start of the event and removed within three days after the conclusion of the event.

Signs announcing special events, including but not limited to: auctions, grand openings, new management, going-out-of-business and similar special, limited-time events of a defined duration, provided that such signs shall be displayed for a maximum of 14 consecutive days per special event and there shall be only one sign per occupied tenant space. The sign permit application for such signs shall define the special event duration and dates.

The following temporary signs may be erected without a sign permit:

Portable sign (excluding changeable letter signs) including A-frame, sandwich-board or tent signs provided that:

The sign has a maximum of two sign faces.

The sign shall be located within the sidewalk frontage of a non-residential or mixed-use building provided that only one temporary sign is permitted per building and the sign shall be placed on the sidewalk immediately in front of the building with which the sign content is associated.

The sign face size shall be a maximum of five square feet per sign face of the sign.

Such signs shall be removed at the end of the business day and during non-business operating hours.

Such signs shall not obstruct pedestrian traffic.

Signs announcing new building or construction projects and identification of the contractors associated with the projects, provided the sign is erected after the beginning of the construction activity and removed upon completion of the construction project or issuance of an occupancy permit, if required.

Other temporary signs. All other temporary signs, including but not limited to those which advertise or announce community, civic, educational, charitable, or religious projects, special events, political campaigns, and the like, and including, but not limited to, signs placed in anticipation of an upcoming election or during other similar political campaigns or events, shall meet the following requirements:

Shall not exceed 12 square feet in area per side, except that one such sign per property may be no more than 20 square feet in sign area per side.

Shall not be more than four feet tall, measured from ground level to the top of the sign, except where one such sign may be attached to a building, existing sign structure, or other permanent structure.

Where more than one such sign is placed on a single property, parcel, or lot, the signs shall be separated by a distance of no less than 10 feet.

Shall not be erected sooner than 30 days prior to the scheduled date of the advertised event, election, or the like.

Shall be removed within seven days after completion of the project, or after the date on which the advertised special event, election, or the like, has taken place or otherwise concluded.

Shall be removed no later than 60 days after the sign is erected.

General regulations.

Prohibited signs.

Animated signs are not permitted.

Signs illuminated by a flashing, pulsating or intermittent internal or external light source are not permitted. Internal illumination that changes intensity with a frequency of less than 15 seconds shall be considered flashing.

Signs that create glare on adjacent properties or any adjacent street are not permitted.

Signs constructed from temporary materials, such as nonrigid plastic, nylon, fabric, or untreated or unpainted wood, except as permitted as a temporary sign by this section.

Setbacks and location.

Signs shall be placed no closer than 10 feet to any property line or any right-of-way line, measured horizontally from the sign edge, and shall not project within an existing street right-of-way.

Monument signs shall be placed no closer than five feet to the closest property line and 18 inches from an abutting street right-of-way line.

No sign shall be erected in such a manner or location that would obstruct vision, ingress and/or egress, or interfere with safe traffic flow.

No sign shall be located so as to block doors, operable windows or fire escapes, or access to them; nor shall a sign be attached to a fire escape.

Such sign shall extend vertically past the roofline of the building upon which the sign is located.

No sign shall project over a street, alley, or driveway, nor be closer than two feet from the closest perpendicular edge of the curb or paved edge of any such vehicular way.

Lighting.

Signs in residential zoning districts shall be illuminated externally from concealed light fixtures and the illumination shall be directed to the sign face only to minimize light spillover beyond the edges of the sign face.

Signs in commercial and zoning districts may be illuminated internally, provided that only the name and official logo of the business or entity are illuminated.

Where a sign is illuminated with an external light source, such lighting shall be provided through sharp cut-off, directed-light fixtures that are decorative in nature or concealed from view and the illumination shall be directed to the sign face to minimize light spillover beyond the edges of the sign face.

No sign lighting shall be installed in a manner or of such a brightness as to create excessive glare on adjacent property or uses such that such lighting inhibits the use and enjoyment of the adjacent property or uses.

Flashing signs and signs with flashing lights are not permitted.

Residential district signs.

The following signs are permitted in residential zoning districts:

Building signs for identification of home occupations or no-impact home-based businesses shall be permitted provided that such sign is a maximum of five square feet and shall not be illuminated.

Monument signs identifying a residential development or neighborhood, provided that the maximum sign area shall be 18 square feet per sign face and the sign shall not exceed four feet in height.

Signs displaying name, activities and/or functions for public institutions (churches, public schools, accredited private schools, and publicly owned or operated buildings), provided that:

One monument sign is permitted on a property.

The maximum sign area shall not exceed 30 square feet per sign face and there shall be a maximum of two sign faces.

Changeable copy/lettering and LED signs are permitted provided that they do not comprise more than 50% of the total sign area. Except as to permitted location, all other requirements of this chapter for LED signs shall be met.

The maximum height shall be four feet.

No monument sign shall be located in such a manner as to obstruct traffic sight visibility.

[f]

One building sign is permitted per building.

Nonresidential zoning districts signs.

In nonresidential zoning districts, all of the following signs are permitted:

One freestanding sign for each building.

One building, awning, canopy, wall or marquee sign for each building.

One building, awning, canopy, wall or marquee sign for each building tenant, for which a Borough occupancy permit is issued or otherwise required.

Directional signs, a maximum of five square feet in size per sign face, up to a maximum of four signs on a property.

All signs shall meet the following requirements, unless otherwise specified.

A sign shall have a maximum of two sign faces.

Freestanding signs.

No freestanding sign shall have more than two sign faces.

The maximum height of any freestanding sign, measured from ground level to the top of the sign, shall be 10 feet.

Each sign face of a freestanding sign shall have a maximum of 40 square feet of sign area per sign face.

Where a building includes multiple occupied tenant spaces, the maximum freestanding sign area shall be 50 square feet of sign area per sign face.

Where two or more buildings are located on the same lot or under common ownership, the maximum freestanding sign area shall be 60 square feet of sign area per sign face, provided that a total of only one freestanding sign is permitted for all buildings on the same lot or under common ownership.

[f]

No freestanding sign shall be located in such a manner as to obstruct traffic sight visibility.

The maximum sign area of any building, wall, canopy, awning, or marquee sign shall be 30 square feet and shall meet the following criteria:

The sign shall not project above the wall, roofline, or surface to which it is mounted nor obstruct building windows.

The sign shall not encroach upon any road right-of-way nor shall it in any way interfere with normal pedestrian or vehicular traffic.

No sign shall extend below a point measured from grade to a height of nine feet. In all instances, signs must comply with the requirements of the Americans with Disabilities Accessibility Guidelines on protruding objects and head room.

The sign shall not project more than five feet from the building facade to which it is attached.

LED signs are permitted in non-residential zoning districts.

All LED sign images, messages, and graphics displayed on the sign face must be static. Animation and video displays are prohibited.

The transition from one static display on the LED sign face to another must be instantaneous without any special effects, including but not limited to flashing, spinning, revolving transition methods, scrolling from left to right or top to bottom, slot machine, splice, mesh, radar, kaleidoscope, spin, or any other animated transition.

The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign.

Each message displayed must remain displayed continuously for a minimum of 10 seconds.

No sign shall be brighter than 5,000 nits between sunrise and sunset and 250 nits between sunset and sunrise, measured according to recognized industry standards for brightness measurement.

Billboards.

See § 168-400G, Billboards.

Nonconforming signs: Any physical change or alteration to the structure of an existing, nonconforming sign, excluding regular maintenance and in-kind replacement of the sign face, requires compliance with the requirements of this chapter.

Visibility at intersections. On the corner lot or at any point of entry on a public road, nothing shall be erected, placed, planted or allowed to grow in such a manner which obscures the vision above the height of 2 1/2 feet and below 10 feet, measured from the center-line grade of the intersecting streets or driveways and within the area bounded by the street lines of such corner lots and a line joining points on these street lines 75 feet from their intersection along the lot lines.

[Added 11-21-2017 by Ord. No. 883[1]]

Editor's Note: Pursuant to this ordinance, former Subsections T and U were redesignated as Subsections V and W, respectively.

Swimming pools.

[Added 11-21-2017 by Ord. No. 883]

As used in this section, a "private swimming pool" shall mean a pool of 24 inches or more in depth, above the ground or in the ground, used or intended to be used as a swimming pool in connection with a single-family residence and available only to the householder and his guests.

An application for a permit to construct, install, alter or repair a private swimming pool shall be submitted to the Building Inspector on a form supplied by him and shall be accompanied by detailed plans and specifications in duplicate setting forth the extent and character of the installation in all its structural parts and a plot drawn to scale, showing the location of the proposed swimming pool, and inspected by the Building Inspector.

The construction drawings accompanying the application for a permit shall bear the seal of an architect or engineer registered in the Commonwealth of Pennsylvania, certifying the adequacy of the construction of the proposed installation and the location as shown on the accompanying plot plan. This subsection is applicable for in-the-ground swimming pools only.

All private swimming pool installations shall comply with the health and sanitary regulations of the Commonwealth of Pennsylvania and the County of Allegheny regulating private swimming pools.

All in-the-ground private swimming pool installations shall comply with all plumbing regulations of the Borough of Baldwin.

The depth of the rear yard after the installation of a swimming pool shall be no less than 15 feet.

All private swimming pool installations shall be constructed with an outlet drain connected to the sanitary sewer system of the Borough of Baldwin, which drain shall contain a gate-type valve of a maximum two inches in diameter; provided, however, that in the event that such in-the-ground private swimming pool is equipped with an approved filtering system with provisions for the backwash of the water used therein, such private swimming pool may be emptied into the sanitary sewer system of the Borough through such backwash so long as the pump on such approved filtering system shall be used to empty the swimming pool through the backwash into the sewer system of the Borough, in which event said private swimming pool installations may be constructed without an outlet drain connected to such sewer system as aforesaid. This subsection is applicable to in-the-ground pools.

All private swimming pool installations shall be enclosed by a security-type fence no less than four feet in height nor more than six feet in height. All fences shall have a self-closing, self-latching gate of such a character as is necessary to prevent access to the pool. Any fence constructed for purposes of this subsection shall not be permitted in the front yard areas of any residential district. On aboveground pools, a fold-up ladder that closes the opening on a deck with a fence will be permitted.

Open private swimming pools are considered structures for the purpose of permits and regulations of other ordinances. For the purpose of this chapter, they are not counted as floor area in computing the lot coverage but shall not be located in any required setback area. All swimming pools shall be at least 15 feet from any property line.

No swimming pool shall be constructed in the Borough except in accordance with a permit therefor previously secured from the Zoning Officer of the Borough, upon the written application accompanied by a plan showing the size, shape, location of the swimming pool and its enclosure and such other information as may be necessary to enable the Zoning Officer to determine whether the pool complies with this chapter.

The permit fee for installation or alteration of a private swimming pool shall be set from time to time by the Borough Council of the Borough of Baldwin by resolution. The permit fees and inspection fees shall be required for both above-the-ground pools and in-the-ground pools, and the amounts of such fees shall be determined as aforesaid by Council.

All inspection and enforcement provisions of this Code shall apply to private swimming pools.

Topsoil removal; excavation of clay, sand, gravel or rock. The following shall apply in all districts:

Topsoil or sod may be removed only under the following conditions:

As a part of the construction or alteration of a building or the grading incidental to such building;

In connection with normal lawn preparation and maintenance;

In connection with the construction or alteration of a street or utility improvement.

Reseeding all disturbed areas. In any improvement or construction work, including individual home construction, all ground areas disturbed must be reseeded, in accordance with PennDOT Form 408, Section 804, using Formula E for unimproved areas. No disturbed area shall remain unseeded for more than six months.

Illumination and lighting standards.

Purpose. To require and set minimum standards for outdoor lighting to:

Provide for and control lighting in outdoor public places where public health, safety and welfare are potential concerns.

Protect drivers and pedestrians from the glare of nonvehicular light sources.

Protect neighbors, the environment and the night sky from nuisance glare and light trespass from improperly selected, placed, aimed, applied, maintained or shielded light sources.

Promote energy-efficient lighting design and operation.

Protect and retain the intended visual character of the various municipality venues.

Applicability.

All uses within the municipality where there is interior or exterior lighting that creates a nuisance or hazard as viewed from the outside, including, but not limited to, residential, commercial, industrial, public and park/sports and institutional uses, and sign, billboard, architectural and landscape lighting.

The municipality may require lighting be incorporated for other uses, applications and locations or may restrict lighting in any of the above uses or applications when health, safety and/or welfare are issues.

The glare-control requirements herein contained apply to lighting in all uses, applications and locations.

Temporary seasonal decorative lighting is exempt from all but the glare-control requirements of this section. Temporary seasonal decorative lighting is defined as temporary electrical power and lighting installations to be used for holiday decorative lighting and similar purposes. Temporary decorative lighting shall not be permitted, or exist, for a period exceeding 60 days.

Emergency lighting, as may be required by any public agency while engaged in the performance of its duties, or for illumination of the path of egress during an emergency as described in NFPA 75 and NFPA 101, are exempt from the requirements of this section.

Criteria.

Illumination levels. Lighting, where required by this section, or otherwise required or allowed by the municipality or other applicable jurisdiction, shall have illuminances, uniformities and glare control in accordance with the recommended practices of the Illuminating Engineering Society of North America (IESNA), unless otherwise directed by the municipality.

Luminaire design.

Luminaires shall be of a type and design appropriate to the lighting application and shall be aesthetically acceptable to the municipality.

For the lighting of predominantly horizontal surfaces, such as, but not limited to, parking areas, roadways, vehicular and pedestrian passage areas, merchandising and storage areas, automotive-fuel-dispensing facilities, automotive sales areas, loading docks, culs-de-sac, active and passive recreational areas, building entrances, sidewalks, bicycle and pedestrian paths, and site entrances, luminaires shall be aimed straight down and shall meet IESNA full-cutoff criteria. Luminaires with an aggregate-rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard no directional forty-watt incandescent or 10-watt compact fluorescent lamp, are exempt from the requirements of this subsection. In the case of decorative street lighting, the municipality may approve the use of luminaires that are fully shielded or comply with IESNA cutoff criteria rather than full cutoff.

For the lighting of predominantly nonhorizontal surfaces, such as, but not limited to, facades, landscaping, signs, billboards, fountains, displays and statuary, when their use is specifically permitted by the municipality, luminaires shall be shielded and shall be installed and aimed so as not to project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway. Luminaires with an aggregate-rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard no directional 40-watt incandescent or 10-watt compact fluorescent lamp, are exempt from the requirements of this subsection.

Control of glare.

All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.

Directional luminaires, such as floodlights and spotlights, when their use is specifically approved by the municipality, shall be so shielded, installed and aimed that they do not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway or pedestrian way. Floodlights installed above grade on residential properties, except when motion-sensor actuated, shall not be aimed out more than 45° from straight down. When a floodlight creates glare as viewed from an adjacent residential property, the floodlight shall be required to be re-aimed and/or fitted with a shielding device to block the view of the glare source from that property.

Illumination for signs, billboards, building facades and/or surrounding landscapes for decorative, advertising or aesthetic purposes is prohibited between 11:00 p.m. and dawn, except that such lighting situated on the premises for a commercial establishment may remain illuminated while the establishment is actually open for business and until no more than 1/2 hour after closing. Such lighting shall be automatically extinguished using a programmable controller.

"Barn lights," aka "dusk to dawn lights," when a source of glare as viewed from an adjacent property, shall not be permitted unless effectively shielded as viewed from that property.

The use of floodlights and wall-mounted luminaires (wall packs) shall not be permitted to illuminate parking areas unless it can be proven to the satisfaction of the municipality that the employment of no other means is possible.

Parking facility and vehicular and pedestrian way lighting (except for safety and security applications and all-night business operations) for commercial, industrial and institutional uses shall be automatically extinguished no later than 1/2 hour after the close of business or facility operation. When safety or security lighting is proposed for after-hours illumination, it shall not be in excess of 25% of the number of luminaires or illumination level required or permitted for illumination during regular business hours. When it can be demonstrated to the satisfaction of the municipality that an elevated security risk exists, e.g., a history of relevant crime, an appropriate increase above the 25% limit may be permitted.

Luminaires shall be automatically controlled through the use of a programmable controller with battery power-outage reset, which accommodates daily and weekly variations in operating hours, annual time changes and seasonable variations in hours of darkness. The use of photocells is permitted when in combination with the programmable controller to turn luminaires on at dusk and also for all-night safety/security dusk-to-dawn luminaire operation when such lighting is specifically approved by the municipality. The use of motion detectors is permitted.

Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff luminaires, shields and baffles, and appropriate application of luminaire mounting height, wattage, aiming angle and luminaire placement.

[9]

The illumination projected from any use onto a residential use shall at no time exceed 0.1 footcandle, measured line-of-sight at any time and from any point on the receiving residential property.

[10]

The illumination projected from any property onto a nonresidential use shall at no time exceed 1.0 initial footcandle, measured line-of-sight from any point on the receiving property.

[11]

Except as permitted for certain recreational lighting and permitted elsewhere in this subsection, luminaires shall not be mounted in excess of 20 feet above finished grade of the surface being illuminated. Luminaires not meeting full-cutoff criteria, when their use is specifically allowed by the municipality, shall not be mounted in excess of 16 feet above finished grade (AFG). Mounting height shall be defined as the distance from the finished grade to the surface being illuminated to the optical center of the luminaire. Where proposed parking lots consist of 100 or more contiguous spaces, the municipality may, at its sole discretion, based partially on mitigation of potential off-site impacts, allow a luminaire mounting height not to exceed 25 feet AFG. For recreational lighting maximum mounting height requirements, refer to "recreational uses" elsewhere in this section.

[12]

Only the flags of the United States and the Commonwealth of Pennsylvania shall be permitted to be illuminated past 11:00 p.m. Flag lighting sources shall not exceed 7,000 aggregate lamp lumens per flagpole. The light source shall have a beam spread no greater than necessary to illuminate the flag and shall be shielded so that light source (lamp and reflector) is not visible at normal viewing angles.

[13]

Under-canopy lighting for such applications as gas/service stations, hotel/theater marquees, fast food/bank/drugstore drive-ups and the like shall be accomplished using flat-lens full-cutoff luminaires aimed straight down and shielded in such a manner that the lowest opaque edge of the luminaire shall be below the light source and its light-directing surfaces at all lateral angles around the luminaire. The average maintained illumination in the area directly below the canopy shall not exceed 20 initial footcandles, and the maximum shall not exceed 30 initial footcandles.

Installation.

Electrical feeds for lighting standards shall be run underground, not overhead, and shall be in accordance with the National Electrical Code (NEC) and National Fire Protection Association 70 (NFPA 70).

Poles supporting luminaries for the illumination of parking areas and located within the parking area or directly behind parking spaces, or where they could be hit by snowplows or wide-swinging vehicles, shall be suitably protected by being placed a minimum of five feet outside the paved area or tire stops, or placed on concrete pedestals at least 30 inches high above the pavement, shielded by steel bollards or protected by other municipality-approved means.

Pole-mounted luminaires for lighting horizontal tasks shall be aimed straight down, and poles shall be plumb.

Poles and brackets for supporting luminaires shall be those specifically manufactured for that purpose and shall be designed and rated for the luminaire and mounting accessory weights and wind loads involved.

Pole foundations shall be designed consistent with manufacturer's wind load requirements and local soil conditions involved.

Maintenance. Luminaires and ancillary equipment shall be maintained so as to always meet the requirements of this section.

Billboards and signs. The lighting of new, or the relighting of existing, billboards and signs shall require a building permit, which shall be granted when the municipality is satisfied that excessive illumination, light pollution, glare and light trespass have been adequately mitigated, and shall be subject to the following requirements:

Externally illuminated billboards and signs shall have luminaires mounted at the top of the billboard or sign and aimed downward. The luminaries shall be designed, fitted and aimed to shield the lamp and its reflective surfaces from off-site view and to place the light output onto, and not beyond, the sign or billboard. Lighting shall be by linear fluorescent unless it can be demonstrated to the satisfaction of the municipality that such a mounting arrangement is not possible. At no point on the face of the sign or billboard, and at no time, shall the illumination exceed 30 vertical footcandles during hours of darkness.

Internally illuminated signs shall have a dark field and light message. The aggregate output of the light sources shall not exceed 500 initial lumens per square foot of sign face per side.

Channel letter signs shall have dimming capability to allow adjustment of sign brightness to meet local ambient conditions.

The illumination of billboards shall be limited to commercial and industrial districts, and the illumination of billboards within 400 feet of a residential use shall not be permitted.

Off-premises billboards and signs shall be extinguished automatically by a programmable controller, with astronomical and daylight saving time control, and spring or battery power-outage reset, by no later than 11:00 each evening until dawn, except that signs for establishments (not companies) that operate or remain open past 11:00 p.m. may remain on no later than 1/2 hour past the close of the establishment.

Rotating, traveling, pulsing, flashing or oscillating light sources, lasers, beacons, searchlights or strobe lighting shall not be permitted.

LED billboard and sign lighting shall only be permitted in commercial and industrial districts, shall be static, shall not be allowed to operate between 11:00 p.m. and dawn when located where visible from a residential district or use, and shall not be located within 1,000 feet of an approaching interchange or traffic-merging lanes. Except for time-and-weather signs, the message shall not be permitted to change more than once each hour. The LED output shall be automatically reduced to a brightness level that does not create glare during hours of darkness.

The use of highly reflective signage that creates nuisance glare or a safety hazard shall not be permitted.

Residential development luminaire placement.

For residential developments where lot sizes are, or average, less than 20,000 square feet, if the municipality so directs, street lighting shall be provided at:

The intersection of public roads with entrance roads to the proposed development.

Intersections involving proposed public or nonpublic major-thoroughfare roads within the proposed development.

The apex of the curve of any major-thoroughfare road, public or nonpublic, within the proposed development, having a radius of 300 feet or less.

Cul-de-sac bulbs.

Terminal ends of center median islands having concrete structure curbing, trees and/or other fixed objects not having breakaway design for speeds of 25 miles per hour or greater.

Defined pedestrian crossings located within the development.

Where lot sizes permit the parking of less than three vehicles on the residential lot, thereby necessitating on-street parking.

At other locations along the street as deemed necessary by the municipality.

In residential developments with lots of less than 20,000 square feet, where five or more common contiguous parking spaces are proposed, such spaces shall be illuminated.

In multifamily developments, common parking areas of four spaces or greater shall be illuminated.

Recreational uses. The nighttime illumination of outdoor recreational facilities for such aerial sports as baseball, basketball, soccer, tennis, track and field, and football typically necessitate higher than normally allowed luminaire mounting heights and aiming angles, utilize very-high-wattage lamps and potentially produce unacceptable levels of light trespass and glare when located near residential properties. Permission to illuminate such facilities shall be granted only when the municipality is satisfied that the health, safety and welfare rights of nearby property owners and the municipality as a whole have been properly protected. When recreational uses are specifically permitted by the municipality for operation during hours of darkness, the following requirements shall apply:

Racetracks and such recreational venues as golf driving ranges and trapshooting facilities that necessitate the horizontal or near horizontal aiming of luminaires and projection of illumination shall not be permitted to be artificially illuminated.

Sporting events shall be timed to end at such time that all lighting in the sports facility, other than lighting for safe exit of patrons and participants, shall be extinguished by 11:00 p.m., regardless of such occurrences as extra innings or overtimes.

The municipality reserves the right to limit the number of illuminated sporting events per week or season.

Maximum mounting heights for recreational lighting shall be in accordance with the following.

Basketball: 20 feet.

Football: 70 feet.

Soccer: 70 feet.

Lacrosse: 70 feet.

Baseball:

Two-hundred-foot radius: 60 feet.

Three-hundred-foot radius: 70 feet.

Miniature golf: 20 feet.

Swimming pool aprons: 20 feet.

Tennis: 20 feet.

[9]

Track: 20 feet.

To assist the municipality in determining whether the potential impacts of proposed lighting have been suitably managed, applications for illuminating recreational facilities shall be accompanied not only with the information required under Subsection U(6) below, but also by a visual impact plan that contains the following:

Plan views containing a layout of the recreational facility and showing pole locations and the location of residences on adjoining properties.

Elevations containing pole and luminaire mounting heights, horizontal and vertical aiming angles and luminaire arrays for each pole location.

Elevations containing initial vertical illuminance plots at the boundary of the site, taken at a height of five feet line-of-sight.

Elevations containing initial vertical illuminance plots on the windowed facades of all residences facing and adjacent to the recreational facility. Such plots shall demonstrate compliance with the light trespass and glare control requirements of this section.

Proposed frequency of use of the facility during hours of darkness on a month-by-month basis and proposed time when the sports lighting will be extinguished.

A narrative describing the measures proposed to achieve minimum off-site disturbance.

Plan submission. Where site lighting is required by this section, is otherwise required by the municipality, or is proposed by the applicant, lighting plans shall be submitted for municipality review and approval for subdivision and land development, conditional use, variance, building permit and special exception applications. The submitted information shall include the following:

A plan or plans of the site, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), existing and proposed trees, and adjacent uses that might be adversely impacted by the lighting. The lighting plan shall contain a layout of all proposed and existing luminaires, including, but not limited to, area, architectural, building entrance, canopy, soffit, landscape, flag, sign, etc., by location, orientation, aiming direction, mounting height, lamp, photometry and type.

A ten-foot-by-ten-foot illuminance grid (point-by-point) plot of maintained horizontal footcandles overlaid on the site plan, plotted out to 0.0 footcandles, which demonstrates compliance with the light trespass, illuminance and uniformity requirements as set forth in this section or as otherwise required by the municipality. When the scale of the plan, as judged by the municipality, makes a ten-foot-by-ten-foot grid plot illegible, a more legible grid spacing may be permitted.

Light-loss factors, IES candela test-filename, initial lamp-lumen ratings and specific lamp manufacturer's lamp ordering nomenclature used in calculating the plotted luminance levels.

Description of the proposed equipment, including luminaire catalog cuts, photometries, glare-reduction devices, lamps, on/off control devices, mounting heights, pole foundation details, pole protection means and mounting methods.

Landscaping plans shall contain luminaire locations, demonstrating that the site lighting and landscaping have been coordinated to minimize conflict between vegetation and intended light distribution, both initially and at vegetation maturity.

When requested by the municipality, applicant shall also submit a visual-impact plan that demonstrates appropriate steps have been taken to mitigate potential consequences of on-site and off-site glare and to retain the intended character of the municipality. This plan may require the inclusion of initial vertical footcandle values at specific off-site venues, e.g., bedroom windows of adjacent residential uses.

Plan notes. The following notes shall appear on the lighting plan:

Post-approval alterations to lighting plans or intended substitutions for specified lighting equipment on the approved plan shall be submitted to the municipality for review and approval prior to installation. Requests for substitutions shall be accompanied by catalog cuts of the proposed equipment that demonstrate the proposed substitution is equal to or exceeds the optical quality and maintainability of the specified luminaires and accompanied by a lighting plan, including a point-by-point plot, which demonstrates that proposed substitutions will result in a lighting design that equals or exceeds the quality of the approved plan.

The municipality reserves the right to conduct post-installation inspections to verify compliance with the section requirements and approved lighting plan commitments and, if deemed appropriate by the municipality, to require remedial action at no expense to the municipality.

All exterior lighting, including building-mounted lighting, shall meet IESNA full-cutoff criteria unless otherwise specifically approved by the municipality.

Installer shall notify municipality to arrange for inspection and approval of all exterior lighting, including building-mounted lighting, prior to its installation.

Compliance monitoring.

Safety hazards.

If the municipality judges a lighting installation creates a safety hazard, the person(s) responsible for the lighting shall be notified and required to take remedial action.

If appropriate corrective action has not been effected within 15 days of notification, the municipality may take appropriate legal action.

Nuisance glare and inadequate illumination levels.

When the municipality judges an installation produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels or otherwise varies from this section, the municipality may cause notification of the person(s) responsible for the lighting and require appropriate remedial action.

If the infraction so warrants, the municipality may act to have the problem corrected as in Subsection U(6)(g)[2] above.

Nonconforming lighting.

Any luminaire or lighting installation existing on the effective date of this section that does not conform with the requirements of this section shall be considered lawful nonconformance.

A nonconforming luminaire or lighting installation shall be made to conform with the requirements of this section when:

Minor corrective action, such as re-aiming or shielding, can achieve conformity with the applicable requirements of this section.

It is deemed by the municipality to create a safety hazard or a nuisance.

It is replaced by another luminaire or luminaires or abandoned or relocated.

The number of existing luminaires is increased by 50% or more.

There is a change in use.

Regardless of the requirements above, when requested by the municipality, nonconforming luminaires and lighting installations shall be made to conform with the requirements of this section or removed within three years from the effective date of this section.

Reporting of violations and penalties.

A violation, or suspected violation, of this section may be reported to the Borough through any of it officers, agents or employees, who shall report same to the Code Enforcement Official, designated as such by the Borough from time to time.

Any person or entity violating any of the requirements of this section be issued a citation by the proper municipality official and, upon conviction of same before the District Justice, shall be subject to a fine of not less than $50 nor more than $500 and/or imprisonment for not more than 30 days. Each day that a violation continues shall be deemed a separate offense, and a separate fine may be imposed.

§ 168-430 Nonconforming uses or structures.

Statement of intent.

The zoning districts established by this chapter are designed to guide future use of land in the Borough by encouraging the development of desirable residential, commercial and industrial areas, with appropriate groupings of compatible and related uses, to the end of promoting and protecting the public health, safety, comfort, prosperity and other aspects of the general welfare.

To achieve this end, lawful existing uses which would be prohibited or restricted under the terms of this chapter or future amendments, and which do not conform to the character and regulations of the zoning district in which they are located, shall be subject to certain limitations. The regulations set forth below are intended to provide a gradual remedy for the undesirable conditions resulting from indiscriminate mixing of uses, and to afford a means whereby nonconforming uses can be gradually eliminated and reestablished in more suitable locations within the Borough.

Similarly, buildings or other structures which do not comply with one or more of the applicable district requirements as to lot width, minimum lot area and yard spaces, lot coverages or building height are deemed to be nonconforming.

Nonconforming uses and structures will be generally permitted to remain; the purpose of regulating them is to restrict further investment in uses or structures which are inappropriate to their location.

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in plans, construction or intended use of any building on which actual construction was lawfully begun prior to the effective date or amendment of this chapter and on which actual building construction has been diligently carried on.

Nonconforming use regulations.

Continuation.

Lawful uses located either within a building or other structure, or part thereof, or on the land or in combination of both which, at the effective date of this chapter or subsequent amendment thereto, become nonconforming, may be continued so long as they remain otherwise lawful, including subsequent sales of the property.

Alteration or enlargement of nonconforming buildings, structures or land.

Nonconforming buildings, structures or land shall not be added to or enlarged upon any manner, unless said building, structure or land, including additions and enlargements, is made to conform to all the regulations of the district in which they are located. No structure alterations may be made other than those ordered by an authorized public officer to assure the safety of a nonconforming building or structure.

If a building or structure is conforming as to use, but nonconforming as to area and bulk regulations or off-street parking requirements, said building or structure may be enlarged or added to, provided that the enlargement or addition complies with the area and bulk regulations and the existing building and the addition comply with the off-street parking regulations of the district in which said building or structure is located.

No nonconforming building or structure shall be moved, in whole or in part, to another location on the lot unless every portion of said building or structure is made to conform to all the regulations of the district in which it is located.

Discontinuance.

If a nonconforming use of land or building ceases operations for a continuous period of more than 12 months, then this shall be deemed to be an intent to abandon such use, and any subsequent use of land shall conform to the regulations of this chapter.

Change in use.

A nonconforming use of a conforming building or structure (i.e., residential use of a commercial building) shall not be expanded into any other portion of such conforming building or structure nor changed except to a conforming use. If such a nonconforming use or a portion thereof is discontinued or changed to a conforming use, any future use of such building, structure or portion shall be in conformity with the regulations of this chapter.

Whenever a use district shall be hereinafter changed, any existing nonconforming use in such changed district may be continued or changed to another nonconforming use of the same or higher classification, provided that no structural alterations are made other than those ordered by an authorized public officer to assure the safety of the building or structure.

Damage or destruction.

In the event that a nonconforming use in any district is destroyed or partially destroyed by fire, explosion or other cause, or otherwise damaged to the extent of 50% or more or of its bulk of all buildings, structures and other improvements on the lot, such nonconforming use shall terminate and the lot shall thereafter be used only for conforming uses. Nothing in this article shall be construed to prevent the restoration and the resumption of a former lawful use of any building that is damaged or partially destroyed by fire or other calamity or by act of God to the extent of 50% or less, provided that such restoration is started within one year and diligently prosecuted to completion. No nonconforming building that is completely destroyed or damaged or partially destroyed in any of the above manners to a greater extent than 50% or voluntarily razed or required by any law to be razed by the owner thereof may thereafter be restored except in full conformity with all the provisions of this chapter as to building and use. The proportionate extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the building to its condition prior to such damage or partial destruction, to the estimated cost of duplicating the entire building as it existed prior thereto. Estimates for this purpose shall be furnished by the Borough Engineer.

In any case, whether conforming or nonconforming, the remains of any building, if destroyed, must be removed from the premises within three calendar months so that the same is not or shall not remain as a nuisance thereon, and in any event, a residence in a commercial area which has been completely or partially destroyed may be rebuilt without any variance.

Nonconforming lot regulations. Nothing in this chapter is intended to unreasonably restrict the development of lots of record existing in any residential district on the effective date of adoption or amendment of this chapter. Where existing lots of record are rendered nonconforming lots by this chapter, a single-family dwelling and customary accessory structures may be erected subject to the regulations of the ordinance prevailing at the time the lots were recorded, provided that the lot in question satisfied not less than 60% of the required minimum area, yard and bulk regulations of the district in which the subject lot is located.

Nonconforming signs. Signs in existence at the effective date of this chapter or amendments thereto may be continued, subject to the following regulations:

Moving. No nonconforming advertising sign, billboard, commercial advertising structure or statuary shall be moved to another position of the building or lot on which it is located after the effective date of this chapter or amendment thereto.

Structure alterations. A nonconforming sign on a nonconforming use may be continued, but the area of such sign or signs shall not be structurally altered.

Damage or destruction. In the event that any nonconforming advertising sign, billboard, commercial advertising structure or statuary is damaged to the extent of 25% of its cost or replacement at the time of destruction, such sign shall not be restored or replaced.