This article describes land uses related to structures and land
in the Borough. It includes regulations such as setbacks and height
restrictions. Additionally, there are requirements that are specific
to certain uses or certain districts.
A.
Provisions for conditional uses.
(1)
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.
(2)
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.
B.
General requirements and standards for all conditional uses.
(1)
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.
(2)
Borough Council shall, among other things, require that any proposed
use and location be:
(a)
Consistent with the spirit, purposes and the intent of this
chapter.
(b)
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.
(c)
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.
(d)
In conformance with all applicable requirements of this chapter
and all other Baldwin Borough ordinances.
(3)
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.
(4)
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.
(5)
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.
(6)
The Borough Council may attach additional conditions pursuant
to this section, in order to protect the public's health, safety,
and welfare.
C.
Accessory uses to conditional uses.
(1)
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.
(2)
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.
(3)
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.
D.
Automobile fuel station.
(1)
All automobile parts, dismantled vehicles and similar materials
shall be stored within a completely enclosed building.
(2)
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.
(3)
Gasoline pumps shall be located at least 40 feet from the centerline
of the right-of-way of any street.
(4)
All fuel, oil or similar substances shall be stored at least
25 feet from any property line.
(5)
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.
(6)
All lighting shall be shielded away from adjacent properties
and streets.
E.
Automobile service and repair.
(1)
The minimum site area shall be two acres.
(2)
The site shall have frontage on and direct vehicular access
to an arterial or collector road, as defined by this chapter.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
No oscillating or flashing permitted on the lot, on any or poles
on the lot or on any display outdoors.
(9)
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.
(10)
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.
(11)
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.
(12)
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.
F.
Bar or nightclub.
(1)
A bar or nightclub shall be located in accordance with the provisions
of the Pennsylvania Liquor Control Board.
(2)
Hours of operation and activities must be appropriately scheduled
to protect surrounding residential neighborhoods from detrimental
noise, disturbance or interruption.
(3)
The owner(s) and operator(s) of a bar or nightclub shall be
responsible for the conduct and safety of the patrons.
(4)
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.
G.
Billboards.
(1)
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.
(2)
Only one billboard is permitted per property and no additional
signs are permitted on a property occupied by a billboard.
(3)
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.
(4)
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.
(5)
All billboards shall be maintained in good repair, even when
there is no occupied sign area within or on the billboard structure.
(6)
The sign area of all billboards shall be a maximum of 100 square
feet per sign face.
(7)
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.
(8)
The maximum height of the structure and sign face of any billboard
shall be 20 feet.
(9)
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.
(10)
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.
(11)
All billboards that are LED signs shall meet the applicable
requirements of this section pertaining to LED signs.
H.
Building and landscape materials sales or storage yard.
(1)
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.
(2)
A delivery plan for the use shall be submitted for Council approval.
I.
Cemetery.
(1)
The landowner and/or developer shall provide a statement of
guaranteed perpetual maintenance before approval is given.
(2)
No burial sites shall be within 50 feet of any lot line or 100
feet of a street right-of-way.
(3)
Access drives shall be located to take maximum advantage of
sight distances for motorists.
J.
Communications facilities. The granting of a conditional use for
communications facilities and tower sites shall be subject to the
following express standards and criteria:
(1)
The minimum tower site area shall be two acres.
(2)
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.
(3)
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.
(4)
Shared use of towers and structures shall be encouraged. If
shared use of an existing tower is proposed, the applicant shall demonstrate
that:
(a)
The proposed equipment would not exceed the structural capacity
of the existing or approved towers.
(b)
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.
(c)
Addition of the proposed equipment would not result in NIER
(nonionizing electromagnetic radiation) levels which exceed any adopted
local, federal or state emission standards.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
The tower shall be subject to any applicable Federal Aviation
Administration (FAA) and airport zoning regulations.
(10)
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.
(11)
All lighting, except required beacons, shall be shielded and
reflected away from adjoining properties.
(12)
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.
(a)
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:
[1]
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.
[2]
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.
[3]
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.
[4]
No antenna may be erected upon any structure having
historical designation or which is recognized as a historic structure.
[5]
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.
K.
Crematorium.
(1)
Any and all odors and smoke generated as part of a crematorium
operation shall be in conformance with the performance standards of
this chapter.
(2)
Loading areas/docks shall be screened with either landscaping
or fencing from neighboring uses.
(3)
No outdoor storage shall be permitted on a lot associated with
a crematorium.
(4)
No crematorium shall be within 200 feet of any lot line.
L.
Dry-cleaning facility.
(1)
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.
(2)
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.
(3)
On-site dry-cleaning may not be located in the same building
with any residential use.
M.
Entertainment facility.
(1)
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.
N.
Farm.
(1)
If the farm is made up of multiple properties, all property
must be under single ownership.
(2)
A farm must be a minimum of five acres in size.
(3)
The entire area must be wholly located within a single zoning
district.
(4)
Any area where animals are kept must be set back a minimum of
100 feet from residentially zoned or used property.
O.
Financial institution, with drive-through.
(1)
The Borough shall require the landowner and/or developer to
prepare and submit a traffic impact analysis of the proposed development.
(2)
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.
(3)
No drive-through window, customer automated teller machine (ATM),
or the like shall be located in a front yard.
(4)
The drive-through shall have direct access to a public right-of-way.
(5)
A minimum of three stacking spaces shall be provided for each
drive-through lane.
(6)
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.
P.
Hospital.
(1)
The facility shall be accredited by the commonwealth and shall
have direct access to an arterial road/street.
(2)
Emergency facilities shall be located to minimize conflicts
of circulation, parking, loading and delivery between surrounding
land uses.
(3)
Access drives shall be located to take maximum advantage of
sight distances for motorists and shall be as remote as possible from
street intersections.
(4)
Buildings shall be no higher than 55 feet.
Q.
Institutional home and personal care home (large or small).
(1)
The appropriate area, bulk and height regulations for the appropriate
district shall apply.
(2)
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.
(3)
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.
(4)
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.
(5)
There shall not be more than one personal-care home located
in any one building or dwelling.
(6)
No personal-care home shall be located in a building that is
occupied by any other residential type of use.
(7)
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.
(8)
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.
(9)
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.
(10)
Sleeping rooms, accommodations or facilities shall not be located
in any basement and shall comply with all applicable life safety and
health codes.
(11)
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.
(12)
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.
R.
Mobile home park. For mobile home parks, the following regulations
shall be observed:
(1)
Park size: 10 acres minimum.
(2)
Lot width: 100 feet for portions used for general vehicular
entrances and exits.
(3)
Minimum setback: 75 feet from any road right-of-way located
outside the mobile home park site.
(4)
Side and rear yards: 50 feet minimum from any mobile home to
any property line.
(5)
The only permitted use in a mobile home park shall be the operation
of detached single-family residential.
S.
Private outdoor recreation.
(1)
All s, tennis courts, or other comparable facilities shall be
considered structures for the purpose of this chapter.
(2)
Coverage, including structures, parking lots, and buildings,
shall not exceed 50% of the lot.
(3)
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.
(4)
All structures shall not be less than 100 feet from any lot
line, and no less than 200 feet from the nearest house.
(5)
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.
(6)
All facilities shall abut a public road and have a permanent
access thereto.
(7)
Alcoholic beverages without a Pennsylvania Liquor Control Board
license, amplified music, and juke boxes shall be prohibited on the
premises.
(8)
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.
(9)
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.
(10)
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.
(11)
The landowner and/or developer shall demonstrate the proposal
will be compatible with the neighborhood and not adversely affect
adjoining lots.
(12)
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.
T.
Restaurant, with drive-through.
(1)
Required off-street parking for the restaurant shall be clearly
designated and shall be located within 300 feet of the entrance to
the restaurant.
(2)
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.
(3)
Outdoor storage of materials shall not be permitted.
(4)
A delivery plan for the use shall be submitted for Council approval.
(5)
No drive-through window or the like shall be located in a front
yard.
(6)
The drive-through shall have direct access to a public right-of-way.
(7)
A minimum of three stacking spaces shall be provided for each
drive-through lane.
(8)
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.
U.
Single-family attached.
(1)
All off-street parking spaces shall be incorporated into the
building. Guest parking shall be located no more than 300 feet from
each townhouse.
(2)
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.
(3)
The maximum number of contiguous units is 10.
A.
Provisions for special exceptions.
(1)
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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
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.
(1)
The special exception shall be in accordance with the standards specified
for such classes of special exceptions.
(2)
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.
(3)
The special exception must be found to be beneficial to the
public at the proposed location.
(4)
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.
(5)
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.
(6)
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.
(7)
The special exception shall preserve the spirit, intent and
purpose of this chapter.
(8)
A public hearing shall be held prior to the Zoning Hearing Board
deciding each request for a special exception.
(10)
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.
C.
Sexually oriented businesses.
(1)
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.
(2)
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.
(3)
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.
(a)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
Sufficient screening and buffering of parking areas must be provided
to protect the neighborhood from detrimental noise, dust and other
disturbances.
(9)
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.
D.
Uses not listed.
(1)
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:
(a)
Proposed use would be less intensive in external impacts and
nuisances than uses that are permitted in the zoning district.
(b)
Proposed use would be closely similar in impacts and character
to uses permitted in that zoning district.
(c)
Use is not specifically prohibited in that zoning district.
(2)
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.
A.
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.
B.
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.
C.
Fences, walls and hedges.
(1)
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.
(2)
No fence, wall or hedge shall obstruct the clear-sight triangle
requirements of this chapter.
(3)
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.
(4)
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.
(5)
Fences shall comply with the following:
(a)
Any fence located in the required front yard in a residential
district shall:
[1]
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.
[2]
Not exceed 38 inches in height.
[3]
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.
(b)
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.
(c)
Brick may be used for posts or as a base for a fence, provided
the maximum fence height is not exceeded.
(d)
A fence shall not be required to comply with minimum setbacks
for accessory structures.
(e)
Fences that are not within a residential district shall have a maximum height of eight feet, subject to Subsection C(2) above.
(f)
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.
(g)
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.
(6)
Walls shall comply with the following:
(a)
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.
(b)
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.
(c)
Walls that are structurally part of a building shall be regulated
as part of that building.
(d)
All wall, fence and hedge heights shall be measured from the
average surrounding ground level.
D.
Off-street parking standards.
(1)
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
|
E.
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.
F.
Off-street loading regulations.
(1)
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.
G.
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.
H.
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.
I.
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.
J.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
K.
Outdoor storage.
(1)
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.
(2)
Any permitted outdoor storage shall be screened from view of
adjacent residential dwellings and public streets by a landscaped
area, fence or wall.
L.
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.
(1)
All residential zones. Microwave antennas shall be considered
as a permissible accessory use, subject to the following:
(a)
The diameter of the microwave antenna shall not exceed 10 feet.
(b)
When separately supported, the total height of the microwave
antenna shall not exceed 12 feet.
(c)
The microwave antenna shall be located only in the rear yard
and not closer than 15 feet to any property line.
(d)
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.
(e)
No more than one microwave antenna shall be permitted on any
lot.
(f)
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.
(g)
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.
(2)
All commercial and industrial districts. Microwave antennas
shall be considered a permissible accessory use, subject to the following
regulations.
(3)
Microwave antennas up to 16 feet in diameter may be installed.
(4)
General regulations. Microwave antennas shall, in all districts,
be subject to the following additional general regulations:
(a)
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.
(b)
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.
(c)
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.
M.
Accessory uses.
(2)
Where a principal use or structure is permitted, such use may
include accessory uses and structures subject to this section.
(3)
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:
(a)
The construction and location of any accessory use building
shall be approved by the Zoning Officer.
(b)
No person shall erect or install an accessory use building without
having first obtained a building permit.
(c)
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.
(d)
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.
(e)
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.
(4)
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.
N.
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.
O.
Carports.
P.
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.
R.
Non-residential design standards.
(1)
Off-street parking design standards.
(a)
Parking spaces shall be clearly delineated by painted lines
or markers.
(b)
Stalls shall be provided with bumper guards or wheel stops when
necessary for safety or protection to adjacent structures or landscaped
areas.
(c)
Surface drainage shall be connected to the existing or proposed
drainage system.
(d)
All vehicular entrances and exits to parking areas shall be
clearly designated for all conditions.
(e)
Short-term visitor parking spaces shall be differentiated from
long-term employee spaces by suitable markings.
(f)
If spaces are used during evening hours, appropriate lighting
shall be provided.
(2)
Screening.
(a)
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.
(b)
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.
(3)
Storage.
(a)
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.
(4)
Landscaping.
(a)
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.
(b)
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.
(5)
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.
(6)
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.
(7)
Interior circulation, access and traffic control.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(8)
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.
(9)
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.
S.
Signs.
(1)
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:
(a)
Encourage the effective use of signs as a means of identification
and communication.
(b)
To maintain and enhance the Borough's unique community aesthetic
and character.
(c)
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.
(d)
To minimize adverse effect of signs on nearby public and private
property.
(e)
To promote and protect the public health, safety, morals, and
general welfare of the Borough.
(f)
To promote the installation of signs that are complementary
to the buildings they serve and consistent with the general character
of the surrounding development.
(g)
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.
(2)
Permits, inspection, maintenance.
(a)
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.
[1]
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.
[2]
Repairs to damaged sign faces or sign structures shall not require
a sign permit.
[3]
Replacement of a sign face with an identical sign face utilizing
identical materials, shall not require a sign permit.
(b)
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.
[1]
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.
[2]
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.
[3]
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.
[4]
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.
(3)
Exempt signs. The following types of signs shall not require
the issuance of a sign permit:
(a)
Address markers.
(b)
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.
(c)
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.
(d)
Political signs. Such signs shall be removed within seven days
after the political event for which they were intended.
(4)
Temporary signs.
(a)
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.
(b)
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.
(c)
The following temporary signs may be erected without a sign
permit:
[1]
Portable sign (excluding changeable letter signs) including
A-frame, sandwich-board or tent signs provided that:
[a]
The sign has a maximum of two sign faces.
[b]
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.
[c]
The sign face size shall be a maximum of five square
feet per sign face of the sign.
[d]
Such signs shall be removed at the end of the business
day and during non-business operating hours.
[e]
Such signs shall not obstruct pedestrian traffic.
[2]
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.
(d)
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:
[1]
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.
[2]
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.
[3]
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.
[4]
Shall not be erected sooner than 30 days prior to the scheduled
date of the advertised event, election, or the like.
[5]
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.
[6]
Shall be removed no later than 60 days after the sign is erected.
(5)
General regulations.
(a)
Prohibited signs.
[1]
Animated signs are not permitted.
[2]
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.
[3]
Signs that create glare on adjacent properties or any adjacent
street are not permitted.
[4]
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.
(b)
Setbacks and location.
[1]
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.
[2]
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.
[3]
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.
[4]
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.
[5]
Such sign shall extend vertically past the roofline of the building
upon which the sign is located.
[6]
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.
(c)
Lighting.
[1]
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.
[2]
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.
[3]
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.
[4]
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.
[5]
Flashing signs and signs with flashing lights are not permitted.
(6)
Residential district signs.
(a)
The following signs are permitted in residential zoning districts:
[1]
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.
[2]
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.
[3]
Signs displaying name, activities and/or functions for public
institutions (churches, public schools, accredited private schools,
and publicly owned or operated buildings), provided that:
[a]
One monument sign is permitted on a property.
[b]
The maximum sign area shall not exceed 30 square
feet per sign face and there shall be a maximum of two sign faces.
[c]
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.
[d]
The maximum height shall be four feet.
[e]
No monument sign shall be located in such a manner
as to obstruct traffic sight visibility.
[f]
One building sign is permitted per building.
(7)
Nonresidential zoning districts signs.
(a)
In nonresidential zoning districts, all of the following signs
are permitted:
[1]
One freestanding sign for each building.
[2]
One building, awning, canopy, wall or marquee sign for each
building.
[3]
One building, awning, canopy, wall or marquee sign for each
building tenant, for which a Borough occupancy permit is issued or
otherwise required.
[4]
Directional signs, a maximum of five square feet in size per
sign face, up to a maximum of four signs on a property.
(b)
All signs shall meet the following requirements, unless otherwise
specified.
[1]
A sign shall have a maximum of two sign faces.
[2]
Freestanding signs.
[a]
No freestanding sign shall have more than two sign
faces.
[b]
The maximum height of any freestanding sign, measured
from ground level to the top of the sign, shall be 10 feet.
[c]
Each sign face of a freestanding sign shall have
a maximum of 40 square feet of sign area per sign face.
[d]
Where a building includes multiple occupied tenant
spaces, the maximum freestanding sign area shall be 50 square feet
of sign area per sign face.
[e]
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.
[3]
The maximum sign area of any building, wall, canopy, awning,
or marquee sign shall be 30 square feet and shall meet the following
criteria:
[a]
The sign shall not project above the wall, roofline,
or surface to which it is mounted nor obstruct building windows.
[b]
The sign shall not encroach upon any road right-of-way
nor shall it in any way interfere with normal pedestrian or vehicular
traffic.
[c]
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.
[d]
The sign shall not project more than five feet
from the building facade to which it is attached.
[4]
LED signs are permitted in non-residential zoning districts.
[a]
All LED sign images, messages, and graphics displayed
on the sign face must be static. Animation and video displays are
prohibited.
[b]
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.
[c]
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.
[d]
Each message displayed must remain displayed continuously
for a minimum of 10 seconds.
[e]
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.
(9)
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.
T.
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]]
U.
Swimming pools.
[Added 11-21-2017 by Ord.
No. 883]
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
All in-the-ground private swimming pool installations shall
comply with all plumbing regulations of the Borough of Baldwin.
(6)
The depth of the rear yard after the installation of a swimming
pool shall be no less than 15 feet.
(7)
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.
(8)
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.
(9)
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.
(10)
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.
(11)
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.
(12)
All inspection and enforcement provisions of this Code shall
apply to private swimming pools.
V.
Topsoil removal; excavation of clay, sand, gravel or rock. The following
shall apply in all districts:
(1)
Topsoil or sod may be removed only under the following conditions:
(2)
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.
W.
Illumination and lighting standards.
(1)
Purpose. To require and set minimum standards for outdoor lighting
to:
(a)
Provide for and control lighting in outdoor public places where
public health, safety and welfare are potential concerns.
(b)
Protect drivers and pedestrians from the glare of nonvehicular
light sources.
(c)
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.
(d)
Promote energy-efficient lighting design and operation.
(e)
Protect and retain the intended visual character of the various
municipality venues.
(2)
Applicability.
(a)
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.
(b)
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.
(c)
The glare-control requirements herein contained apply to lighting
in all uses, applications and locations.
(d)
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.
(e)
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.
(3)
Criteria.
(a)
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.
(b)
Luminaire design.
[1]
Luminaires shall be of a type and design appropriate to the
lighting application and shall be aesthetically acceptable to the
municipality.
[2]
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.
[3]
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.
(c)
Control of glare.
[1]
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.
[2]
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.
[3]
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.
[4]
"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.
[5]
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.
[6]
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.
[7]
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.
[8]
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.
(d)
Installation.
[1]
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).
[2]
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.
[3]
Pole-mounted luminaires for lighting horizontal tasks shall
be aimed straight down, and poles shall be plumb.
[4]
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.
[5]
Pole foundations shall be designed consistent with manufacturer's
wind load requirements and local soil conditions involved.
(e)
Maintenance. Luminaires and ancillary equipment shall be maintained
so as to always meet the requirements of this section.
(f)
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:
[1]
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.
[2]
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.
[3]
Channel letter signs shall have dimming capability to allow
adjustment of sign brightness to meet local ambient conditions.
[4]
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.
[5]
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.
[6]
Rotating, traveling, pulsing, flashing or oscillating light
sources, lasers, beacons, searchlights or strobe lighting shall not
be permitted.
[7]
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.
[8]
The use of highly reflective signage that creates nuisance glare
or a safety hazard shall not be permitted.
(4)
Residential development luminaire placement.
(a)
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:
[1]
The intersection of public roads with entrance roads to the
proposed development.
[2]
Intersections involving proposed public or nonpublic major-thoroughfare
roads within the proposed development.
[3]
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.
[4]
Cul-de-sac bulbs.
[5]
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.
[6]
Defined pedestrian crossings located within the development.
[7]
Where lot sizes permit the parking of less than three vehicles
on the residential lot, thereby necessitating on-street parking.
[8]
At other locations along the street as deemed necessary by the
municipality.
(b)
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.
(c)
In multifamily developments, common parking areas of four spaces
or greater shall be illuminated.
(5)
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:
(a)
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.
(b)
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.
(c)
The municipality reserves the right to limit the number of illuminated
sporting events per week or season.
(d)
Maximum mounting heights for recreational lighting shall be
in accordance with the following.
(e)
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:
[1]
Plan views containing a layout of the recreational facility
and showing pole locations and the location of residences on adjoining
properties.
[2]
Elevations containing pole and luminaire mounting heights, horizontal
and vertical aiming angles and luminaire arrays for each pole location.
[3]
Elevations containing initial vertical illuminance plots at
the boundary of the site, taken at a height of five feet line-of-sight.
[4]
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.
[5]
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.
[6]
A narrative describing the measures proposed to achieve minimum
off-site disturbance.
(6)
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)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
Plan notes. The following notes shall appear on the lighting
plan:
[1]
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.
[2]
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.
[3]
All exterior lighting, including building-mounted lighting,
shall meet IESNA full-cutoff criteria unless otherwise specifically
approved by the municipality.
[4]
Installer shall notify municipality to arrange for inspection
and approval of all exterior lighting, including building-mounted
lighting, prior to its installation.
(7)
Compliance monitoring.
(a)
Safety hazards.
[1]
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.
[2]
If appropriate corrective action has not been effected within
15 days of notification, the municipality may take appropriate legal
action.
(b)
Nuisance glare and inadequate illumination levels.
[1]
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.
[2]
If the infraction so warrants, the municipality may act to have
the problem corrected as in Subsection U(6)(g)[2] above.
(8)
Nonconforming lighting.
(a)
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.
(b)
A nonconforming luminaire or lighting installation shall be
made to conform with the requirements of this section when:
[1]
Minor corrective action, such as re-aiming or shielding, can
achieve conformity with the applicable requirements of this section.
[2]
It is deemed by the municipality to create a safety hazard or
a nuisance.
[3]
It is replaced by another luminaire or luminaires or abandoned
or relocated.
[4]
The number of existing luminaires is increased by 50% or more.
[5]
There is a change in use.
(c)
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.
(9)
Reporting of violations and penalties.
(a)
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.
(b)
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.
A.
Statement of intent.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
B.
Nonconforming use regulations.
(1)
Continuation.
(a)
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.
(2)
Alteration or enlargement of nonconforming buildings, structures
or land.
(a)
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.
(b)
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.
(c)
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.
(3)
Discontinuance.
(a)
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.
(4)
Change in use.
(a)
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.
(b)
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.
(5)
Damage or destruction.
(a)
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.
(b)
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.
C.
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.
D.
Nonconforming signs. Signs in existence at the effective date of
this chapter or amendments thereto may be continued, subject to the
following regulations:
(1)
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.
(2)
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.
(3)
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.
(4)
Discontinuance of signs. Whenever any use of a building or structure
of land or of a combination of buildings, structures and land ceases,
all signs accessory to such use shall be deemed to become nonconforming
and shall be removed within six calendar months.