Borough of Indiana, PA Article IV Supplementary Regulations

§ 460-19 Lot requirements.

A. Existing lots of record with inadequate area and/or width. The Zoning Officer may, without referral to the Zoning Hearing Board, issue a building permit to the owner of a lot with inadequate area and/or width recorded prior to September 1, 1963, and located in a residential zone district, for the erection of a single-family detached dwelling on the lot, or for expansion of an existing building on the lot, provided:

[Amended 3-2-1999 by Ord. No. 1999-02]

(1) The owner of the lot does not also own adjoining property which, when combined with the lot, would create a conforming or less nonconforming lot;

(2) No side yard abutting another lot shall be less than four feet in width; no side yard abutting a street shall be less than 10 feet in width; no rear yard shall be less than 10 feet in depth, and no front yard shall be less than 15 feet in depth. Lot coverage shall be not more than 40% of the lot area;

(3) A lot legally recorded prior to September 1, 1963, abutting two or more streets and enclosing two principal buildings, at least one of which contains dwelling units, may be subdivided so that each building occupies its own lot with separate full width access to a street, provided each dwelling unit will have its own off-street parking spaces as required by this chapter and utility entrances will be separated for each building.

B. Connection to public water and sewerage systems. Every lot containing a building which is attached to a potable water supply shall be connected to a public wastewater collection system.

C. Lot width and frontage.

(1) The width of a lot shall be measured along the front setback line between side lot lines. The front setback line and front lot line (abutting the street to which the lot has its principal access) shall be parallel whether such lines are tangents or arcs.

(a) Within the MU-1 district, the width of a lot shall be measured along the front setback line between side lot lines. The front setback line and front lot line (abutting the street to which the lot has its principal access) shall be parallel to the majority of structures within that block whether such lines are tangents or arcs. Final decision for the principal access shall be determined by the Planning/Zoning Director.

[Added 2-2-2016 by Ord. No. 2016-03]

(2) The width of any lot in a residential zone district shall be not less than 30% of the lot depth (front lot line to rear lot line).

D. Corner lots.

(1) The front yard of any corner lot shall be established on the wider of the two streets abutting the lot, generally the street with the shorter dimension next to the street.

(2) When a lot abuts two streets intersecting at one corner of the lot, the side yard setback depth adjacent to the side street (the street on which the lot does not front) shall be:

(a) Twice the minimum required for a side yard not abutting a street but not less than 10 feet if the lot was recorded prior to September 1, 1963; or

(b) Not less than the depth of the front yard for the district in which the lot is located, unless development on adjacent lots has established a lesser setback line.

(3) Line of sight.

[Amended 6-3-2003 by Ord. No. 2003-07; 2-2-2016 by Ord. No. 2016-03]

(a) A clear sight area shall be maintained at all private street intersections as a public safety measure to aid drivers approaching the intersection. No obstruction shall be placed within a sight triangle whose sides shall be lot lines which intersect at the corner of the lot abutting the intersection in any zoning district. At points 20 feet along each lot line measured from the intersection of the lines, a third line connecting such points shall be drawn to enclose the sight triangle. Within the triangle no obstruction shall be placed that exceeds 30 inches in height; nor shall existing obstructions except tree trunks be increased in size or moved to further reduce driver sight distances.

(b) A clear sight area shall be maintained at all public street intersections as a safety measure to aid drivers approaching the intersection. No obstruction shall be placed within the PennDOT sight triangle which intersect at the corner of the lot abutting the intersection. Within the triangle, no obstruction shall be placed that exceeds 30 inches in height; nor shall existing obstructions except tree trunks be increased in size or moved to further reduce driver sight distances. All line of sight determinations shall comply with the current adopted PennDOT Line of Site requirements table.

PennDOT Sight Triangle Regulations
Speed MPH (V)	Average Percent Grade (G)
	Approaching vehicle is traveling upgrade
	0.0	1.0	2.0	3.0	4.0	5.0	6.0	7.0	8.0	9.0	10.0
25	147	145	144	143	141	140	139	138	137	136	135
30	196	194	191	189	187	185	183	182	180	178	177
35	249	245	242	239	236	233	231	228	226	224	221
40	314	309	304	299	295	291	287	284	280	277	274
45	383	376	370	364	358	353	348	343	338	334	330
50	462	453	444	436	429	422	415	409	403	397	392
55	538	527	517	508	499	490	482	475	467	461	454
60	634	621	608	596	584	573	563	554	545	536	528
65	725	708	693	679	666	653	641	630	620	609	600

E. Occupancy of and access to a lot.

(1) Any recorded lot may be occupied by one principal use allowed by right or permitted as a special exception. On a residential lot only one dwelling building shall be permitted as well as not more than two accessory buildings, including a private garage. On a lot occupied by a business use several buildings may contain the principal use and in a plan of multiple dwelling buildings (apartments) several such buildings may occupy the same lot.

(2) Every recorded lot shall abut directly on a public street with a minimum lot frontage of 50 feet on such street.[1]

[1] Editor's Note: Original Subsection 4.160, Through lots, which immediately followed this subsection, was repealed 5-3-2005 by Ord. No. 2005-02.

F. Required area or space cannot be reduced.

(1) The area or dimensions of any lot; yard, parking area or other space shall not be reduced to less than the minimums required by this chapter, and, if already less, may be continued but shall not be further reduced.

(2) No yard area required for one building or land use shall be claimed as meeting requirements for a second building or land use.

G. MU-1 District building design requirements.

[Added 2-2-2016 by Ord. No. 2016-03]

(1) Building separation on the same parcel shall be a minimum of 15 feet.

(2) All building designs shall be architecturally designed for consistency throughout the MU-1 District, with respect to style, color, and facade details including doors and windows.

(3) The ground and upper levels front facade of any building on a public street shall have windows and the main entrance door covering at least 20% of the horizontal length. Windows must maintain a height of 2 1/2 to eight feet above grade or walkways.

(4) The front facade must face the public street on which the physical address is located.

(5) The principal entrance shall use special architecturally designed features, changes in the roof line or similar features to emphasize the building's entrance.

(6) Building facades shall consist of texture or building material changes with a combination of at least two horizontal and vertical breaks, such as but not limited to:

(a) Building recesses.

(b) Variations in roof lines.

(c) Awnings or canopies.

(d) Overhangs.

(e) Dormers.

(f) Arches.

(g) Balconies.

(h) Other architectural features such as moldings and tile integrated into the structure.

(7) Buildings designed above two stories shall be architecturally distinguished between ground floor facade and upper facade with a cornice, canopy, balcony, arcade or other element.

(8) Buildings with a wall length of 75 feet or larger must have a minimum offset of at least 18 inches. For every additional 50 feet over 75 feet of wall length one additional horizontal and vertical break must be used.

(9) A minimum width of 15 feet is required for all townhouses.

(10) Design guidelines for street wall:

(a) Must be constructed of either brick or stone.

(b) Must be a minimum height of six feet at its lowest point and a maximum overall height of 10 feet.

(c) Top of wall must be scalloped or, with permission from the Zoning Department, may be parallel.

(d) Must have a stone or concrete cap.

(e) Must have offsets every 10 feet to 12 feet and on the corners or end of the wall to have the appearance of pillars.

§ 460-20 Height measurement.

A. Measurement. Height shall be measured as the vertical distance between the average elevation at grade of all the building walls and the top of the highest wall, or halfway between the eave and ridge line on a gable-roofed building.

B. Height exceptions. The height limitations imposed by this chapter (see Schedules 1 and 2)[1] shall not apply to church spires or belfries, cupolas or domes, monuments, water towers, chimneys, flag poles, radio, telephone and telecommunications towers, masts, aerials, amateur ham radio towers and antennas, air handling or other mechanical equipment necessary for the normal functioning of a building and erected thereon, and parapet walls surrounding a flat roof, which may extend to four feet above the permitted maximum height.

[1] Editor's Note: Said schedules are included at the end of this chapter.

§ 460-21 Setback variations and yard encroachments.

A. Building wall not parallel to property line. Where the side and/or rear walls of a building are not parallel to the adjacent side and/or rear property lines, the average of the points on the wall nearest and furthest from the adjacent property line shall be not less than the minimum required for the yard depth, whether side or rear, in the zone district where the property is located, provided no part of the wall which is not parallel to the property line is less than 1/2 the required setback distance from the adjacent property line. All parts of a front wall, however, shall be behind the front setback line, except as modified by the following sections.

B. Extension of a nonconforming wall. Where a wall on any building erected prior to September 1, 1963, is parallel or nearly parallel to an adjacent side lot line but less than the minimum permitted distance from the lot line, such a wall may be extended once along its established line provided:

(1) Such extension does not exceed the length of the existing wall or 20 feet, whichever is less;

(2) The extension is no higher than the existing wall;

(3) The extension does not violate minimum setbacks in other required yards on the property; and

(4) The building addition of which the wall is a part does not violate the maximum lot coverage that applies in the zone district.

C. Front yard depth exception. Where two lots, one on either side of an undeveloped lot, contain principal buildings that are closer to the abutting street than the minimum permitted front yard setback, construction of a principal building on the undeveloped lot may be set back not less than the average of the two buildings on the adjacent lots, or the average of one of the building setbacks and the minimum permitted setback.

D. Permitted projections into minimum yard areas.

(1) Building projections.

(a) Cornices, canopies, eaves and other architectural features may project not more than two feet into the minimum front, side or rear yard areas.

(b) Bay windows, balconies, open porches, decks, chimneys and uncovered exterior stairways may project up to two feet into the minimum required yard area, provided that the total of all such projections on any wall extending into the minimum yard area does not exceed 1/3 of the length of the building wall on which they are located. Fire escapes that are not enclosed may project not more than four feet six inches into a minimum yard area.

(2) Ground level projections.

[Amended 10-7-2014 by Ord. No. 2014-04; 2-2-2016 by Ord. No. 2016-03]

(a) Paved areas, including patios and walkways, may extend up to three feet from any side or rear property line. By written agreement between neighboring property owners, approved by the Planning/Zoning Department, and filed with the Borough, paved areas may extend to the common property line. Only a driveway, not more than 18 feet wide, and/or a walkway may cross a front yard or side yard abutting a street.

(b) In the case of a corner lot, no paved areas except driveways shall extend into the yard areas abutting either street.

E. Additional setbacks on lots in the C-1, C-2 and M-1 Zones abutting any residential zone. Developers of lots in the C-1 or C-2 Zone Districts that abut the side or rear lines of properties in a residential zone shall set back buildings and paved areas along such common lines as required for side or rear yard setbacks in the abutting residential zone district.

F. Additional requirements on lots in the MU-1 Zone.

[Added 2-2-2016 by Ord. No. 2016-03]

(1) No development greater than three units may face toward a residential district, park, museum or other similar use on any peripheral edge of the MU-1 Zoning District.

(2) Existing properties abutting or adjacent to a residential district, park or historical structure on any peripheral edge of the MU-1 Zoning District shall be limited to three or less multifamily dwelling units.

(3) Properties abutting, adjacent and/or directly across the street from a residential district, park or historical structure on any peripheral edge of the MU-1 Zoning District shall be limited to construction of three dwelling units. The structure must maintain the integrity to the character of the adjacent residential district and the structure design must approved by the Planning and Code Directors.

(4) Parking for more than five vehicles that is abutting, adjacent and/or directly across the street from any residential, park or historical structure shall be set back 18 feet at the rear 10 feet at the side of the property and require a brick or stone street wall with a well maintained grass planted buffer and vegetation design elements.

(5) Additional parking setbacks on corner lots. Parking for more than five vehicles along the peripheral edge of the district that is abutting, adjacent and/or directly across the street from any residential, park or historical structure shall be set back 18 feet at the rear or 10 feet at the side of the property and require a brick or stone street wall with a well maintained grass planted buffer and vegetation design elements.

(6) Sidewalks must be five feet wide and transitioned to meet existing sidewalk abutting the adjacent parcels.

(7) Residential only uses within the MU-1 District.

(a) Parcels fronting Wayne Avenue between Washington Street and South Street.

(b) Parcels fronting South 7th Street between Locust Street and Maple Street.

§ 460-22 Accessory structures.

A. Location on lot; attachment to principal building.

(1) An accessory structure, which is not attached to the principal building on the lot by means of a common wall or connecting permanent roof, may be erected in either side yard or rear yard of the lot, provided such accessory structure is not closer than:

(a) Twenty-five feet from the street upon which the lot fronts, or no closer than the principal structure;

[Amended 10-19-2021 by Ord. No. 2021-01]

(b) Three feet from interior side or rear property lines;

(c) Ten feet from a street abutting the lot with a right-of-way of 25 feet or less;

(d) Depending on the zone district, setback required for the principal building on lot from a street with a right-of-way exceeding 25 feet when the lot does not front on such abutting street.

(2) Any accessory structure, if not attached to the principal building on the lot, shall be separated from the principal building by at least 10 feet.

(3) If the accessory structure is attached to the principal building, it shall be set back from property lines and streets as required for a principal building.

(4) Accessory structures in nonresidential zone districts shall be set back from adjacent property lines and streets as required for principal buildings, except that accessory structures may be no closer than 10 feet from a rear property line.

B. Maximum height and occupied lot area.

(1) The maximum permitted height shall be 25 feet.

[Amended 11-7-2000 by Ord. No. 2000-011]

(2) All accessory structures on a lot in a residential zone district shall not exceed an area on the ground of 15% of the lot area. Lot coverage of accessory structures shall be included in measuring maximum lot coverage. Accessory uses within the principal building need not be included.

C. Swimming pools.

[Amended 11-4-2014 by Ord. No. 2014-09]

(1) A privately owned swimming pool, whether permanently in place or capable of being dismantled, shall be permitted as an accessory structure on the same zone lot as the principal use it serves. Pools shall be located to the side or rear of the principal building on the lot. The edge of the pool structure shall be not less than 25 feet from the front lot line and not less than 10 feet from side or rear lot lines or building on the property. Where a deck or paved area surrounds the pool, the edge of the deck or paved area may extend to four feet of the side or rear lot line or to the wall of a building on the property.

(2) Residential swimming pools shall comply with Act 45[1] and Sections 3109.4.1 through 3109.4.3 of the current adopted International Building Code (IBC). Exception: A swimming pool with a power safety cover or a spa with a safety cover complying with American Society for Testing and Materials (ASTM) F 1346.

[1] Editor's Note: "Act 45" refers to the Pennsylvania Construction Code Act, 35 P.S. § 7210.101 et seq.

(3) Swimming pools shall comply with the requirements of this section and other applicable sections of the current adopted International Building Code (IBC).

(4) A "swimming pool" is any structure intended for swimming, recreational bathing or wading that contains water over 24 inches (610 millimeters), deep. This includes in-ground, aboveground and on-ground pools; hot tubs; spas; and fixed-in-place wading pools.

(5) The top of the barrier shall be at least 48 inches (1,219 millimeters), above ground, measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches (51 millimeters), measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches (102 millimeters).

(a) Openings in the barrier shall not allow passage of a four-inch diameter (102 millimeters) sphere.

(b) Solid barriers which do not have openings shall not contain indentations or protrusions, except for normal construction tolerances and tooled masonry joints.

(c) Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1,143 millimeters) the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1 3/4 inches (44 millimeters) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches (44 millimeters) in width.

(d) Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1,143 millimeters) or more, spacing between vertical members shall not exceed four inches (102 millimeters). Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches (44 millimeters) in width.

(e) Maximum mesh size for chain-link fences shall be a 2 1/4 inch square (57 millimeters square) unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to no more than 1 3/4 inches (44 millimeters).

(f) Where the barrier is composed of diagonal members, the maximum opening formed by the diagonal members shall be no more than 1 3/4 inches (44 millimeters).

(g) Access doors and gates shall comply with the requirements of Sections 3109.4.1.1 through 3109.4.1.6 of the IBC and shall be equipped to accommodate a locking device. Pedestrian access doors and gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Doors or gates other than pedestrian access doors or gates shall have a self-latching device. Release mechanisms shall be in accordance with Sections 1008.1.9 and 1109.1 of the IBC. Where the release mechanism of the self-latching device is located less than 54 inches (1,372 millimeters) from the bottom of the door or gate, the release mechanism shall be located on the pool side of the door or gate at least three inches (76 millimeters) below the top of the door or gate, and the door or gate and barrier shall have no opening greater than 1/2 inch (12.7 millimeters) within 18 inches (457 millimeters) of the release mechanism.

(h) Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier which meets the requirements of Sections 3109.4.1.1 through 3109.4.1.8 of the IBC. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a four-inch diameter (102 millimeters) sphere.

(i) Barriers shall be located so as to prohibit permanent structures, equipment, or similar objects from being used to climb the barriers.

(6) Suction outlets shall be designed and installed in accordance with ANSI/APSP-7.

(7) Swimming pools shall meet all electrical requirements in Chapter 42 of the current International Residential Code (IRC).

D. Temporary and mobile accessory uses.

(1) A construction building for an office and/or to store tools may be erected on a construction site only during the period actual work is being done on the site, without the need for a permit.

(2) A temporary building or structure for a civic event may be approved by Borough Council for a specific limited time consistent with the nature of the event.

§ 460-23 Lot development.

A. Optional fencing, walls and perimeter planting.[1]

(1) A fence or wall may be built along a property line but all parts of the wall or fence, including foundations, shall be on the property of the wall or fence owner unless adjacent owners agree, in writing, that the wall or fence may straddle the common property line. Any hedge or tree plantings along property lines shall be planted five feet within the property of the owner installing the plant materials unless adjacent owners agree, in writing to plantings on the common property line.

[Amended 10-19-2021 by Ord. No. 2021-01]

(2) Fences, walls, and perimeter hedge plantings shall be no higher than eight feet above grade at any point within three feet of any rear or side property line, and no more than four feet above grade at any point within three feet of any front property line. Trees planted along, but inside a property line, are exempt from height restrictions. If any fence or wall has a finished or decorative side, such side shall face the adjacent property or street if the property is residentially zoned or the property across the street is residentially zoned. No fence, wall, or hedge shall be so high as to violate the provisions of § 460-19D(3) or to interfere with the vision of drivers backing from a driveway.

[Amended 5-3-2005 by Ord. No. 2005-02; 2-2-2016 by Ord. No. 2016-03]

(3) Any retaining wall whose exposed face is over four feet high shall be designed or approved by a registered professional engineer. A building permit shall be required for the erection of such a wall.

[1] Editor's Note: Original Subsection 4.511, regarding height of fences, walls and perimeter hedge plantings, which immediately followed this subsection, was repealed 5-3-2005 by Ord. No. 2005-02.

B. Perimeter planting.

[Amended 5-3-2005 by Ord. No. 2005-02; 10-7-2014 by Ord. No. 2014-04]

(1) Perimeter planting, when selected instead of or in combination with fencing, shall be placed in a strip of land not less than three feet wide along the property line or lines abutting and/or directly across the street from any residential zone. Any hedge materials used shall be maintained when mature at a height of not less than four feet or more than eight feet. Within the planting strip, the following shall be placed for each 100 feet of strip length:

(2) Three canopy (shade) trees selected from the Borough list titled "Trees Suitable for Urban Street Plantings, Medium Trees (30 feet to 45 feet).

(3) Three understory (ornamental) trees selected from the Borough list for small trees (under 30 feet).

(4) Nine shrubs, such as azaleas, forsythias, rhododendrons, etc.

(5) Any portion of a perimeter strip more or less than 100 feet in length shall be planted proportionately.

(6) In lieu of the plantings required by Subsection B(1)(a), (b) and (c) above, evergreen trees, shrubs or hedging planted on six-foot centers may be substituted.

(7) Canopy trees shall have a diameter of at least 2 1/2 inches when planted, measured four feet above ground level. Understory trees shall have a diameter of at least 1 1/2 inches four feet above the ground. Shrubs shall be at least three feet high when planted, while evergreens shall be at least five feet high when planted.

C. Grading.

(1) No earth moving shall be permitted in the Borough without a permit for such work having been issued by the Zoning Office.

[Amended 2-2-2016 by Ord. No. 2016-03]

(2) Such a permit shall be issued only where such grading will be done as part of the preparation of a property to receive new or additional improvements for which a building permit has been issued or will be issued concurrently with a grading permit, or where such grading is necessary to place public facilities, such as streets or utility lines, or to prepare lots in an approved subdivision plan for sale for development.

(3) The application for a grading permit shall include a scaled drawing of the property to be graded indicating the exact location and extent of the area to be affected and the proposed maximum grades at completion of work, together with location of surface drainage systems and proposed treatment of graded surfaces where not paved or occupied by structures.

(4) Graded slopes shall not exceed the following maximums:

(a) Where earth materials are excavated from areas where the surface has not been altered for at least two years, the maximum grade shall not exceed one-foot vertical rise to each 1 1/2 feet of horizontal run.

(b) Where earth materials are placed upon previously undisturbed soil or grading is carried out in areas where previous earth moving has occurred less than two years before, the maximum grade shall not exceed one-foot vertical rise to each two feet of horizontal run.

(c) Where soil conditions apparently will tolerate steeper grades without sacrificing the stability of the graded slope and the areas the slope supports, the developer shall provide a report prepared by a registered professional engineer, bearing his Pennsylvania seal, testifying that the soil conditions in the area to be disturbed will tolerate grades up to a maximum slope established by the engineer.

(5) Areas to be built up through grading shall be keyed in to preexisting undisturbed earth and well compacted in layers not to exceed eight inches in thickness. The toe of a slope shall be either graded to a natural existing drainageway or storm drain system. Where a slope continues upward beyond the limits of grading, the top of the graded area shall be protected from the accumulation of stormwater by a bench sloped to a storm drain system.

(6) Slope areas not to be paved or built upon shall be planted with erosion-resisting plant materials immediately upon completion of grading work. Areas of the property not occupied by buildings or paved surfaces shall be landscaped and maintained upon completion of development.

D. Drainage.[2]

(1) Stormwater shall not be permitted to collect upon any portion of any property except as part of a storm drainage retardation system, nor flow from any property over a public street, nor over adjacent properties without benefit of an easement for such purpose.

(2) A stormwater drainage system shall be designed and installed when the amount of cover of the lot by buildings and/or paved surfaces will increase as the result of new development by at least 3,500 square feet. Such increase may be accumulated over several small increases over a period of time or one expansion. The system shall be designed within the following parameters:

(a) The maximum water release rate after development shall be the predevelopment two-year twenty-four-hour peak discharge.

(b) The minimum storage capacity to accommodate postdevelopment coverage shall be that volume required to contain the ten-year twenty-four-hour frequency storm for release at a rate not to exceed the predevelopment two-year twenty-four-hour peak discharge.

(c) The maximum runoff velocity to a stream, swale or on to the ground shall not exceed the permissible velocity as contained in "The Erosion and Sediment Control Handbook for Indiana County."

(d) All system designs shall use the soil cover complex method for computing runoff contained in the Soil Conservation Service Technical Release No. 55. "Urban Hydrology for Small Watersheds."

(3) Any retaining walls or storm drainage structures or subsurface drainage systems shall be designed by a registered professional engineer and presented on drawings and in specifications prepared by him as the basis for securing a permit to build such structures.

(4) Continuous maintenance of stormwater retention facilities, including holding basins, inlet and outlet structures, and grass areas surrounding the basin shall be the responsibility of the owners of the property on which the facilities are located. Maintenance shall include mowing of grass areas, if any, and removal of silt and debris to assure free flow of stormwater through the system at all times. At its option, the Borough may assume maintenance of a stormwater facility that is abandoned or neglected and charge the property owner for the work done.

[Added 9-8-1998 by Ord. No. 1737]

(5) Whenever a plan of lots contains a separate parcel which is retained by the developer to provide space for facilities to retard stormwater runoff, such parcel shall be deeded by the developer, on or prior to the date his/her interest in the plan ceases, to the homeowners' association to which all property owners in the plan shall belong. The deed for each lot to be sold in the plan shall state that the lot owner and his/her successors in interest shall be obligated on a pro rata basis for maintaining the separate parcel and facilities within it until relieved by action of the Borough Council. The obligation shall include taxes assessed on the parcel, liability insurance, and auditing expenses of the association. The bylaws and regulations to be adopted by the association shall be prepared by the developer and approved by the Borough Solicitor as providing adequate protection for the Borough and the residents of the plan.

[Added 9-8-1998 by Ord. No. 1737]

[2] Editor's Note: See also Ch. 395, Stormwater Management.

§ 460-24 Development on lands subject to flooding.

A. General conditions.

(1) For purposes of this section, areas considered to be in the "floodplain" shall be those identified as being submerged by the one-hundred-year flood in the current Flood Insurance Study prepared by the Federal Emergency Management Agency (FEMA) and shown on the Flood Insurance Rate Map (FIRM), available for inspection in the Borough office. The one-hundred-year floodplain includes the floodway fringe and general floodplain areas.

[Amended 11-4-2014 by Ord. No. 2014-09]

(2) The "floodway" shall be considered the normal stream channel plus the areas on either side that must be kept free of encroachment in order that the one-hundred-year flood may be passed without raising the water level more than one foot at any point along the stream. The "flood fringe areas" shall be those areas on either side of the floodway that will be submerged by the one-hundred-year flood. The "general floodplain areas" shall be those areas that will likely be submerged by the one-hundred-year flood but for which no detailed flood profiles or elevations have been developed.

(3) The Zoning Officer shall refuse to issue a building permit for any construction or development within the one-hundred-year floodplain unless the requirements of this section are met.

B. Any applicant proposing to develop in the floodplain shall provide a plan of his proposal, showing existing buildings and all other improvements on the property, property lines with bearings and distances, the run, contours at one-foot intervals for at least 100 feet from the top of the bank abutting his property; improvements proposed for which the permit is being applied for, and a cross-section through the run and the property showing existing and proposed ground elevations, building floor elevations and the level of the one-hundred-year flood, such mapping to be prepared and sealed by a registered engineer using hydrologic and hydraulic engineering techniques, and tied to known USGS benchmarks or National Geodetic Vertical Datum of 1929. In addition, the engineer shall certify that the proposed construction is designed to withstand one-hundred-year flood elevations, pressures and uplift forces; that the proposed construction does not adversely affect the channel capacity by creating higher levels for the one-hundred-year flood; that any proposals to alter or relocate the stream have been reviewed and approved by the State Department of Environmental Protection, Bureau of Dams and Waterway Management, with notification sent to White Township, the Department of Community and Economic Development and the Federal Insurance Administration; and that all state and federal government permits relative to the proposed construction have been obtained.

C. The Flood Insurance Rate Map (FIRM) shall be interpreted as an overlay upon the Borough Zoning Map.

(1) The following uses shall be permitted in any floodplain area, provided the applicant can demonstrate that the proposed construction or development will not increase the elevation of the one-hundred-year flood at any point upstream or downstream of this project:

(a) Public and private recreational uses not including enclosed structures;

(b) Accessory one-family or two-family uses, including yards, gardens and car parking on pervious surfaces or on impervious surfaces if not in the floodway; and

(c) Accessory multifamily residential, commercial and industrial uses such as yard areas and parking and loading areas on impervious surfaces but not in the floodway.

(2) The following uses may be permitted in any floodplain area as special exceptions, provided the applicant can demonstrate that the proposed construction or development will not increase the elevation of the one-hundred-year flood at any location along the stream:

(a) Any use permitted by right or as a special exception in the underlying zoning district;

(b) Public utilities floodproofed if below the regulatory flood elevation, and other public improvements;

(c) Temporary uses for a period not to exceed 30 days; and

(d) Storage of materials and equipment, provided that they are not buoyant, flammable or explosive.

(3) The following uses shall be prohibited in the floodplain:

(a) Storage of any radioactive substance, or any of the following materials in amounts exceeding 550 gallons or comparable dry measure: acetone, ammonia, benzene, calcium carbide, carbon disulfide, celluloid, chlorine, hydrochloric acid, hydrocyanic acid, magnesium, nitric acid and oxides of nitrogen, petroleum products, phosphorus, potassium, sodium, sulphur or sulphur products and pesticides;

(b) Mobile homes; mobile home parks, or nursing homes, hospitals or jails.

D. Existing structures in a floodplain area.

(1) The right to remain of any structure or other improvement legally existing in any floodplain area prior to adoption of these regulations but not in conformity with them is guaranteed.

(2) No expansion of any existing structure or any development in any floodway area shall be permitted which will increase the elevation of the one-hundred-year flood.

E. Variances for construction in any floodplain area and amendments to boundaries of such areas.

(1) No variance shall be granted for any construction, development, use or activity that would result in any increase in the one-hundred-year flood elevation.

(2) No variance shall be granted for a prohibited use.

(3) If a variance is granted, the Zoning Hearing Board shall inform the applicant that the variance will allow construction that could increase the risk to life and property on his premises and that his flood insurance premiums will be raised significantly.

(4) The boundaries of any floodplain area may be amended by the same procedure for amending any other part of this chapter if a study prepared by a registered professional engineer with demonstrated expertise in hydrology and hydraulics documents the fact that a particular boundary should be adjusted to a specific new location based on alterations within the one-hundred-year floodplain. Such proposed amendment shall be approved by the FEMA before such adoption by Council.

F. Construction standards within any floodplain area.

(1) The lowest flood elevation, including basement, of any residential structure shall be at least 1 1/2 feet above the one-hundred-year flood elevation.

(2) The lowest floor elevation, including basement, of any nonresidential structure shall be at least 1 1/2 feet above the one-hundred-year flood elevation or constructed so that the space enclosed below that elevation is completely or essentially dry in accordance with the standards contained in the U.S. Army Corps of Engineers "Flood-proofing Regulations," published in June 1972 and as may be amended.

[Amended 2-2-2016 by Ord. No. 2016-03]

(3) Graded areas receiving fill shall be no steeper than one vertical to two horizontal, and shall extend at least 15 feet laterally from any building wall toward a stream or drainageway. Fills shall consist of soils or small rock materials only, shall be thoroughly compacted, and shall be protected from erosion along banks by rip-rap, vegetative plantings or bulkheads. Areas to receive fill shall be stripped of topsoil prior to grading.

(4) Developed areas shall be graded so that the surface slopes away from all building walls toward a stream or drainageway, and so that runoff does not flow across adjacent properties.

(5) Sanitary and water systems, particularly building laterals, shall be designed to eliminate infiltration of floodwaters and discharge from the sanitary sewers into floodwaters.

(6) Materials that are buoyant, flammable, explosive or prohibited or vessels containing them shall be stored at least 1 1/2 feet above the one-hundred-year flood level.

(7) Buildings, structures and equipment shall be located to offer minimum obstruction to stream flow and shall be securely anchored to prevent flotation, collapse or lateral movement.

(8) Interior materials used in portions of a building lower than 1 1/2 feet above the one-hundred-year flood level and not designed to be completely dry shall be resistant to water damage. Unfinished masonry walls and concrete floors are preferred. Any finishes or woodwork should be marine or water-resistant quality.

(9) All electrical, heating and other mechanical equipment shall be located at least 1 1/2 feet above the one-hundred-year flood level and electrical distribution panels at least three feet above. Separate electrical circuits shall be dropped from above to serve areas below the one-hundred-year flood level. Gas and oil supply and water and sanitary sewerage systems within structures shall be designed to prevent infiltration of floodwaters and to facilitate drainage of floodwater, if infiltration does occur.

G. Definitions of terms peculiar to this section. As used in this section, the following terms shall have the meanings indicated:

CONSTRUCTION

The building, rebuilding, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of manufactured homes. The "start of construction" means the first placement of permanent materials, beyond site preparation, provided such construction starts not more than 180 days after the issuance of a building permit.

DEVELOPMENT

Any man-made change to improved or unimproved property, including but not limited to buildings or other structures, the placement of mobile homes, streets; other paving, utilities, filling, grading, excavation, dredging or drilling operations and the subdivision of land.

FLOOD HAZARD AREA

Any area subject to the one-hundred-year flood as delineated on the FIRM map, including both the floodway and floodway fringe areas and areas that do not have base flood elevations determined.

FLOODPROOFING

The incorporation of special improvements into the design or retrofitting of a building, utility or land surface to resist flood inundation or damage, such as those recommended improvements contained in the Corps of Engineers publication "Flood-proofing Regulations" (June 1972). When walls and floors below the regulatory flood level are impermeable to passage of water or water vapor, an interior space shall be considered "completely dry," requiring no restrictions on interior finishes. When walls and floors are "substantially permeable," permitting some water and vapor seepage, an interior space shall be considered "essentially dry," requiring some restrictions on interior finishes and contents of the space. Whether completely or substantially dry, structures shall be constructed to resist hydrostatic and hydrodynamic loads and the effects of buoyancy.

[Amended 2-2-2016 by Ord. No. 2016-03]

FLOODWAY

The area of any watercourse that includes the stream channel, and the land on both sides that if obstructed would raise the level of the one-hundred-year flood more than one foot.

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles.

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel of land or contiguous parcels divided into two or more manufactured home lots for rent or sale.

ONE-HUNDRED-YEAR FLOOD

A flood that may occur any time but is likely to happen once every 100 years, or has a one-percent chance of occurring in any year.

REGULATORY FLOOD ELEVATION

The one-hundred-year flood elevation plus 1 1/2 feet.

H. The provisions of this § 460-24 do not guarantee that water levels higher than those established as maximum will not occur, nor that development outside areas designated as within the floodplain will not suffer from high water. This section shall not create liability on the part of the Borough or any of its officers or employees for any flood damages that result from reliance on this section, or any administrative decision lawfully made thereunder.

I. The replacement of existing work with equivalent materials for the purpose of routine maintenance and upkeep shall be allowed in any property within a floodplain without the need for adherence to the requirements of this section. However, the removal or change of any exterior wall, or structural of bearing member, or required exitway shall adhere to the requirements of this section, as shall any alteration, replacement or relocation of any water supply, sewage disposal, storm drainage, gas or similar piping, or electrical wiring or other mechanical system.

§ 460-25 Special residential uses.

A. Individual mobile homes on their own lots.

(1) A "mobile home" for the purposes of this chapter shall be considered a transportable single-family detached dwelling intended for permanent occupancy contained in one unit, or in two units designed to be joined into one integral unit capable of being separated later for movement to another site, such dwelling being ready for occupancy upon arrival on its lot except for placement on its foundation, attachment to utilities, and minor or incidental unpacking and assembly operations.

(2) Mobile homes shall meet all requirements of this chapter and other ordinances of Indiana Borough relative to single-family detached dwellings, including but not limited to minimum lot area, depth and frontage, setbacks from property lines, utility connections and off-street parking. The minimum width of a mobile home along its full length shall be not less than 20 feet. The wheels used in transporting a mobile home to its site shall be removed when the home is set upon its foundation, and the towing hitch shall be either removed or hidden within the foundation. All mobile homes shall meet applicable state regulations regarding construction, and a certificate of compliance shall be shown to the Zoning Office by the owner before the mobile home is occupied.[1]

[Amended 2-2-2016 by Ord. No. 2016-03]

[1] Editor's Note: Original Subsection 4.713, regarding the prohibition of mobile homes on lots occupied by a dwelling structure, which immediately followed this subsection, was repealed 5-3-2005 by Ord. No. 2005-02.

(3) Mobile homes shall be supported upon a peripheral masonry wall matching the exterior dimensions of the mobile home, or at least two masonry piers located and designed to carry the full weight of the mobile home. Walls or piers shall be built upon concrete footers the bottom of which shall be at least three feet below finished grade. Mobile homes shall be securely held to their foundations by over-the-top built-in tie downs firmly imbedded in the foundation. The space between the floor of a mobile home set on piers and the ground below shall be enclosed by a continuous masonry wall or metal skirting to match the exterior material of the mobile home and such space shall be ventilated. Mobile homes shall be placed on required foundations and skirted, if on piers, within 30 days of arrival on the lot.

(4) No mobile home shall be occupied until it has received an occupancy permit from the Zoning Office after connection to municipal sewage disposal and water supply systems. No mobile homes lacking toilet and washing facilities or cooking and food storage facilities or any of these, shall be permitted for occupancy. No self-propelled vehicles used as living accommodations or travel trailers designed for temporary occupancy shall be permitted for residential purposes for a period exceeding 14 days.

[Amended 2-2-2016 by Ord. No. 2016-03]

(5) Any enclosed additions added later to a mobile home or not part of the original construction shall require a building permit and shall match the materials and colors of the original.

(6) No mobile home shall be removed from its lot until all taxes assessed against the mobile home by any local taxing jurisdiction or owed by any occupant of the mobile home have been paid in full. Failure to pay said taxes prior to removal of a mobile home shall be considered a violation of this chapter subject to penalties under § 460-56D.

(7) The electrical system serving a mobile home shall be installed by a registered electrician to meet the electrical code standards adopted by Indiana Borough. All heating and cooking devices shall be installed and shall be operated in accordance with fire code standards adopted by Indiana Borough. Gas service, if provided for heating and cooking, shall be natural gas piped to the home in lines of a public utility company serving all or a part of the Borough.

B. Dwellings in the C-1 and C-2 Zone Districts A single-family dwelling may be erected on any zoning lot of official record prior to September 1, 1963, within the C-1 or C-2 Zone Districts, provided the Zoning Hearing Board finds, after receiving an application for such proposal, that the lot is too small in size or too irregular in shape or topography to reasonably accommodate any use permitted in the zone district containing the lot.

C. Occupancy of a dwelling unit by unrelated individuals.

(1) Occupancy of a dwelling unit by unrelated individuals (see also definition in Article X). In the R-3, U-1, C-1 and C-2 Zone Districts, a maximum of five unrelated individuals may occupy the dwelling unit. A dwelling unit occupied by unrelated individuals may not in addition be occupied by boarders and roomers whose number would raise the occupancy of the dwelling above three in the R-1 or R-2 Zones, or above five in the R-3, U-1, C-1 or C-2 Zones. All dwelling units legally occupied prior to February 6, 1979, by more unrelated individuals than authorized by this section may continue to house that higher number of occupants as a nonconforming use. If the number of unrelated individuals, boarders, or roomers in the dwelling unit is subsequently reduced for longer than nine consecutive months, the nonconforming use shall be modified to restrict the number of legal occupants to the greater of the number of legal occupants authorized by this section or the number of unrelated individuals, boarders, or roomers that occupied the dwelling unit for the previous nine consecutive months.

[Amended 4-6-2004 by Ord. No. 2004-03; 9-8-2009 by Ord. No. 2009-04; 4-6-2010 by Ord. No. 2010-02]

(2) After the effective date of this subsection, no boarding house, rooming house, or building containing dwelling units within the R-1 or R-2 Zone Districts proposed for rental occupancy by three unrelated individuals shall be located within a four-hundred-foot radius of a second building containing dwelling units already occupied by unrelated individuals. The center of the circle describing the radius shall be located at the crossing of lines connecting diagonally opposite corners of the lot proposed for rental occupancy. Any part of a property that is within the four-hundred-foot radius will qualify that property as being within 400 feet of the property proposed for rental housing.

[Amended 12-8-1998 by Ord. No. 1744; 5-3-2005 by Ord. No. 2005-02]

(a) No property located within an R-1 or R-2 Zone shall be converted to or created for or used for the purpose other than that for a functional family.

[Added 8-7-2007 by Ord. No. 2007-03[2]]

[2] Editor's Note: This ordinance also provided that Subsection C(1) and (2), above, shall remain in full force and effect as to all preexisting uses in the R-1 and R-2 Districts as of the effective date of said ordinance.

(3) Developer's options in the R-3, U-1 and MU-1 Zone Districts.

[Amended 2-2-2016 by Ord. No. 2016-03]

(a) Developers wishing to build or remodel to provide housing for unrelated individuals may base the maximum occupancy of their projects on either number of bedrooms within each dwelling unit, as provided for in Schedule 2 of this chapter[3] or upon lot area as provided for in this section.

[3] Editor's Note: Schedule 2 is included at the end of this chapter.

(b) If a developer selects occupancy by persons per bedroom, the maximum occupancy shall be five unrelated individuals per dwelling unit. If a developer selects occupancy based on lot area, the maximum occupancy shall be one person for each 400 square feet of lot area, with a maximum occupancy of five unrelated individuals per dwelling unit.

(c) Before receiving approval for a building permit, or an occupancy permit to renovate an existing building, the developer shall stipulate the method for calculating density he has selected and the maximum number of total unrelated residents his project shall accommodate.

(d) In either case, the developer shall comply with the minimum lot size and setback, and maximum building height and coverage requirements of Schedule 2.[4]

[4] Editor's Note: Schedule 2 is included at the end of this chapter.

(e) Successor owners of properties developed in accordance with this section shall be bound by deed to the decision made by the original developer. The deed for the property shall state that there are occupancy restrictions. Changes in occupancy or rearrangement of dwelling units proposed by successor owners shall be subject to review and decision as a special exception.

(f) The legal maximum occupancy of each dwelling unit shall be permanently posted inside the entrance to the dwelling unit.

(g) All properties along the peripheral edge of the MU-1 Zone District abutting or adjacent to a residential district, park, museum or other similar use shall have a maximum occupancy of three unrelated residents per dwelling unit.

D. Conversion of an existing dwelling to two or more apartments.

All properties along the peripheral edge of the MU-1 Zone District abutting or adjacent to a residential district, park, museum or other similar use shall have a maximum occupancy of three unrelated residents per dwelling unit.

[Amended 4-6-2010 by Ord. No. 2010-02; 2-2-2016 by Ord. No. 2016-03]

(1) Within the R-2 or MU-1 Zone District, a single-family detached dwelling may be converted to a two-family dwelling, provided:

(a) The conversion will remove any deficiencies in the building that will prevent compliance with the Uniform Construction Code as adopted by Indiana Borough;

(b) Each dwelling unit shall have two separate entrances leading directly to the outside at grade or to a common vestibule at the first floor level and shall have separate connections to public utilities;

(c) Each dwelling shall be provided off-street parking as required by Article VI;

(d) The building shall be located on a lot meeting at least the area and width requirements for the zone district where the lot is located; and

(e) Each dwelling within the building shall contain sufficient total floor area and bedroom area to comply with the Uniform Construction Code adopted by Indiana Borough.

(2) Within the MU-1, R-3 and U-1 Zone Districts, a building containing one or more dwelling units may be converted to two or more dwelling units, provided:

(a) The conversion will remove any deficiencies within the building that prevent compliance with the Uniform Construction Code as adopted by Indiana Borough;

(b) Each dwelling unit shall be provided off-street parking as required by Article VI;

(c) Each dwelling unit shall contain at least sufficient floor area and bedroom area required by the Uniform Construction Code adopted by Indiana Borough; and

(d) Each dwelling unit shall be occupied by no more than five unrelated individuals or a family, and the lot containing the building shall at least meet the requirements of Schedule 2 of this chapter,[5] but provide not less than 400 square feet of lot area for each individual to be housed in the building.

[5] Editor's Note: Schedule 2 is included at the end of this chapter.

(e) Properties along the peripheral edge of the MU-1 Zone District abutting or adjacent to a residential district, park, museum or other similar use shall have a maximum occupancy of three unrelated residents per dwelling unit and meet all other regulations of this chapter and Schedule 1 and 2.[6]

[6] Editor's Note: Schedules 1 and 2 are included as attachments to this chapter.

E. Nursing or personal care homes and housing for the elderly.

(1) Nursing and personal care homes shall be certified to operate by the Commonwealth of Pennsylvania before an occupancy permit may be issued.

(2) A "nursing home" implies long-term skilled care and continuous direct intervention with daily living. A "personal care home" implies that the residents are mobile but need assistance with daily living requirements within a residential setting.

(3) There shall be not more than one resident of a personal care home for each 1,600 square feet of lot area, nor more than one patient of a nursing home for each 1,000 square feet of lot area, and not more than one dwelling unit for each 600 square feet of lot area for an elderly housing complex.

(4) The developer of an elderly housing project shall guarantee, through a covenant running with the property as developed, that the occupancy shall be for elderly residents at least 90% of whom shall be age 62 or older, and that no more than two residents shall occupy a dwelling unit.

(5) Current federal and state law regulating construction and management of subsidized housing for elderly occupants shall apply to any elderly project whether subsidized or not.

(6) While requirements of this chapter for multifamily or high-rise buildings shall apply, no additional setbacks for buildings over 40 feet or three stories in height will be required for an elderly housing project, and off-street parking shall be provided as required by Article VI.

F. Transitional residential facilities or group homes.

(1) Such housing shall be administered by a public agency or appointed board of local citizens responsible to a national or statewide organization.

(2) The premises shall be used strictly for residential purposes, with occupancy limited by Chapter 327, Property Maintenance, of the Code of the Borough of Indiana and the regulations of the operating agency, whichever are more restrictive.

(3) The facility or home shall be operated in accordance with the standards established by the national or state administering agency for occupying and maintaining the property.

G. Integrated residential-commercial developments.

(1) Integrated residential-commercial buildings are permitted by right in the MU-1 and C-1 Zones and as a special exception in the C-2 and U-1 Zones.

[Amended 2-2-2016 by Ord. No. 2016-03]

(2) The ground floor (street level at front of building) shall be used exclusively for retail and service business uses permitted by right or by special exception in the zone district where the property is located. All floors above may be used for either residential or retail service or office uses permitted by right or by special exception in the zone district. Mixed commercial and residential uses on any one floor shall not be permitted; nor shall any commercial use occur on a floor above residential uses.

(3) Parking required to serve an integrated development shall be the total of the spaces required for business use plus those needed for the dwelling units as stipulated by parking standards in Article VI.

H. Large-scale residential developments.

(1) This subsection shall apply when several buildings containing dwelling units occupy the same lot, and assumes that nearly all such buildings will be rectangular in shape. Large-scale residential developments are permitted by right in the MU-1 Zone District and possible as a special exception in the R-3, U-1, C-1 and C-2 Zone Districts.

[Amended 2-2-2016 by Ord. No. 2016-03]

(2) When walls of adjacent buildings on the same lot face each other and each wall contains windows opening into dwelling units, such walls shall be separated by at least 50 feet or the height of the taller building, whichever is greater.

(3) In all other cases when walls of adjacent buildings on the same lot face each other, such walls shall be separated by at least 20 feet, including protruding balconies and/or porches.

(4) Buildings shall be considered as facing one another if their walls are parallel, or if the walls were extended to intersect would form an angle of not greater than 45°.

(5) The entrance to each residential building shall be connected to the sidewalk abutting the lot and to the parking areas on the lot by walkways not less than four feet wide. Such sidewalks shall be constructed according to Borough Specifications.

[Amended 2-2-2016 by Ord. No. 2016-03]

I. Joining of existing residential buildings. Two residential buildings, but not more than two, both existing prior to September 1, 1963, may be connected to create one building even though each building is on a separate lot, provided the following regulations are adhered to.

(1) The two buildings shall be joined along a common side wall more than 20 feet in length.

(2) The common wall shall be at least as high in its entirety as the shortest of walls facing each other across the open space to receive the joining construction.

(3) The joining construction shall contain useable interior space for one or both original buildings.

(4) The joined buildings shall occupy one lot of record.

(5) The combining of the lots shall create a conforming lot if either or both original lots are nonconforming.

(6) The joining of the buildings shall be reviewed as a special exception in all zone districts but shall not be permitted in the R-1 District.

§ 460-26 Special exceptions.

[Amended 10-5-1999 by Ord. No. 1999-07; 5-3-2005 by Ord. No. 2005-02]

A. Home occupations other than no-impact home-based businesses.

[Amended 5-3-2005 by Ord. No. 2005-03]

(1) Where permitted. Home occupations may be permitted within a dwelling as an accessory in the R-1, R-2, R-3, and U-1 Zone Districts operated by the individual or family residing there, providing that this is the only dwelling where the operator lives. Only one home occupation shall be permitted for any dwelling and not more than two persons who do not reside in the dwelling may be employed there. Accessory buildings on the same lot as the dwelling shall not be used in conjunction with the home occupation. One off-street parking space shall be provided on the lot for each 300 square feet of floor area, or fraction thereof, devoted to the home occupation exclusive of parking required for the persons residing at the premises.

(2) Evidence of use. No indication of the home occupation shall be visible outside the dwelling except that one sign not more than four square feet in area may appear on the property attached to the dwelling, to a fence or on a freestanding post.

[Amended 10-19-2021 by Ord. No. 2021-01]

(3) Extent of use. The home occupation shall not utilize an area of the dwelling exceeding 1/2 of the area of the first floor in a two-story or higher structure or exceeding 1/4 of the first floor area in a one-story structure, measured using the outside wall dimensions of the dwelling.

(4) Permitted home occupations.

(a) Medical, dental, chiropractic or osteopathic practice by an individual doctor;

(b) Architectural, engineering, or legal services; contracting for building trades, insurance, public accountant, or computer programming practiced by an individual;

(c) Business conducted entirely by phone or mail, provided there are no retail sales on the premises;

(d) Custom dressmaking or tailoring;

(e) Foster family care for not more than six persons simultaneously, assuming the persons are placed by the courts or by public agencies;[1]

[1] Editor's Note: Original Subsection F, regarding rooming and boarding, which immediately followed this subsection, was repealed 8-7-2007 by Ord. No. 2007-03.

(f) Day-care center to accommodate simultaneously not more than six children, not resident on the premises, provided regulations of the Department of Public Welfare, Commonwealth of Pennsylvania, for such facilities are met;

(g) Tutoring for not more than four students simultaneously, except that musical instrument or dancing instruction shall be to individuals only and between the hours of 9:00 a.m. and 9:00 p.m. daily;

(h) Bed-and-breakfast home containing no more than three guest bedrooms, provided that one off-street parking space is available on the property for each guest bedroom, that breakfast is the only meal served to guests, that no guest stays for more than 10 consecutive nights, and that the resident operator is a member in good standing of the regional organization of bed-and-breakfast homes. Guest bedrooms may be on the second floor of the dwelling, regardless of the stipulation of Subsection A(3).

(i) Home occupation similar to those that are listed above and compatible within a residential neighborhood as creating little or no traffic congestion or other damaging effects, such proposal reviewed by the Planning Commission and acted upon favorably by the Zoning Hearing Board.

B. Community buildings, clubs, social halls, lodges, fraternal organizations and similar uses.

(1) Such uses may include fitness, health or recreation rooms, meeting rooms, a kitchen/pantry, bar for members and guests only, rest rooms, apartment of manager/caretaker, off-street parking and outdoor recreation areas. Such use does not include residential fraternity or sorority buildings serving a college or university.

(2) Required off-street parking may be off site or shared with another use whose parking needs do not overlap with the needs of the club, hall or lodge, at the discretion of the Planning Commission.

(3) A fraternity or sorority may be permitted only in the U-1 Zone District as a special exception and in the MU-1 District as a conditional use. Such a facility shall be related to Indiana University of Pennsylvania and shall be recognized as meeting the University's definition of a fraternity or sorority.

[Amended 2-2-2016 by Ord. No. 2016-03]

C. Essential services.

(1) For purposes of this section "essential services" shall include properties owned by any governmental entity, provider of publicly funded emergency services, or public utilities, and above ground improvements erected on such properties, except for overhead distribution lines.

(2) Buildings or structures required for the efficient collection or distribution of a public utility may be located in any zone district and on lots less in area and/or width than normally required. However, such buildings or structures shall be set back from property lines as required for the zone district in which the property is located.

(3) Public emergency services buildings may be located in any zone district as long as the lot dimensions and building setbacks required for the zone district are respected.

(4) Offices of any utility company shall be in the MU-1, C-1 or C-2 Zone Districts but garages, warehouses and storage yards shall be permitted only in the C-2 Zone.

[Amended 2-2-2016 by Ord. No. 2016-03]

D. Health clinics, churches, schools and not-for-profit institutions.

(1) Such uses shall front on streets with a pavement width of at least 38 feet.

(2) Corner lots will be preferred, with access points to parking and servicing areas as remote from street intersections as possible.

(3) In the case of churches and schools, parking may be off site or shared with another use whose parking needs do not overlap with the needs of the school or church, at the discretion of the Planning Commission.

(4) When the building area on the ground exceeds 6,000 square feet and building walls exceed 20 feet in height, the building shall be set back from side or rear property lines one additional foot for each three feet of height above 20 feet.

E. Nursery schools and day-care centers.

(1) Such a facility shall be on a lot containing at least 8,000 square feet and shall be capable of accommodating at least seven dependent persons. A facility for fewer individuals shall be operated as a home occupation.

(2) The facility shall be certified by the Pennsylvania Department of Public Welfare before an occupancy permit shall be issued.

(3) The facility may be a freestanding building constructed for the purpose or an existing building converted partly or wholly for the facility.

(4) A dropoff and pickup location within the property shall be provided, if space is available, or a curbside location shall be set aside.

F. Motels and hotels.

(1) Motels shall have required parking on the same property. Hotels may utilize off-site parking.

(2) There shall not be less than 600 square feet of lot area for each guest room.

(3) Motel and hotel guest rooms shall contain at least 250 square feet of floor, including at least 50 square feet for an enclosed bathroom equipped with shower or bathtub, lavatory and toilet.

(4) The building and/or the property may include indoor or outdoor recreation facilities, a restaurant, bar, meeting rooms, and reception area.

§ 460-27 No-impact home-based businesses.

[Added 5-3-2005 by Ord. No. 2005-03]

No-impact home based businesses shall be permitted use in residential zones. No permit shall be required, however, the no-impact home based business use shall be subject to review by the Zoning Officer to determine whether there is any impact. For there not be an impact, the following requirements must be met:

A. The business activity must be compatible with the residential use of the property and surrounding residential uses.

B. The business shall employ no employees other than family members residing in the dwelling.

C. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

D. There shall be no outside appearance of a business use, including but not limited to parking, signs or lights.

E. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

F. The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

G. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

H. The business may not involve any illegal activity.

§ 460-28 Special nonresidential uses.

A. Outdoor sales, uses and storage.

(1) Outdoor sales shall be limited to the display of vehicles and mechanized equipment except for sidewalk sales authorized by Borough Council as part of a particular event.

(2) No outdoor sales or display, except authorized sidewalk sales, shall occur on a public right-of-way, and such outdoor sales area, where it abuts a residential zone, shall be set back from front, side and rear property lines required in the abutting residential zone. Where outdoor sales or display occur on a commercially zoned lot not abutting a residential zone, they shall be set back as required for a building in the commercial zone.

(3) All outdoor dining in the MU-1 District must be contained on private property and maintained with approved barriers.

[Added 2-2-2016 by Ord. No. 2016-03[1]]

(a) Barriers shall be a minimum height of 43 inches and configured as to prevent a person from entering the contained area. The appearance of the barrier shall match the theme of the environment or other structures in the immediate vicinity.

[1] Editor's Note: This ordinance also provided for the redesignation of former Subsection A(3) through (5) as Subsection A(4) through (6), respectively.

(4) All outdoor storage areas, except those displaying vehicles and mechanized equipment in drive-away condition, shall be enclosed behind a fence erected on the property containing the outdoor area, such fence not less than six feet in height above ground level and with a surface not less than 50% opaque. Where the fence abuts a residential zone, a five-foot wide strip on the commercial property outside the fence shall be planted with evergreen hedging 15 feet on centers and maintained when mature at a height of six feet. A building on the property may serve in place of a fence to partly enclose an outdoor storage area.

(5) All stored materials that could be blown or washed away from the property on which stored, or might attract animals, rodents or insects, or produce metallic, chemical or putrefying odors shall be tightly sealed in waterproof containers that will not rust or deteriorate. Waste materials shall be disposed of off the property by a licensed refuse hauler.

(6) Vessels or tanks containing liquids shall be surrounded by a dike enclosing a volume at least as large as the volume within the vessels or tanks that are enclosed, and shall be erected and monitored as required by the Pennsylvania Department of Environmental Protection.

B. Service stations and auto repair.

(1) Access driveways shall be as remote as possible from street intersections.

(2) All repair services, except adding of fluids, shall occur within a building on the property where the services are provided.

(3) Pump islands may be in front yard areas but no part of an island shall be closer to a property line than eight feet.

(4) A canopy covering a pump island shall not extend over any property line, shall not be higher at the top of the roof than 15 feet. All requirements of the Uniform Construction Code relative to canopies shall also apply.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Drive-through services and convenience sales.

(1) A driveway not less than eight feet wide and at least 80 feet long shall be provided on the property for the exclusive use of traffic approaching each drive-through window.

(2) In lieu of such a driveway, the property owner may utilize a secondary street abutting his/her property, provided the street is one-way, the paved width is at least 18 feet, and the drive-through window is at least 80 feet from a street intersection.

(3) If the drive-through facility shares the property with off-street parking, traffic using the drive-through window and traffic entering and leaving the parking spaces shall be clearly segregated.

(4) On a property containing a convenience sales building and gasoline sales, the vehicle circulation patterns approaching and leaving the pump islands and the patterns maneuvering in and out of parking serving the building shall be separated and clearly marked.

D. Amusement enterprises.[3]

(1) Where the enterprise includes coin-operated arcade machines, such devices shall be separated from one another by at least three feet, and no machine shall block or partially block any exit from the building containing the machines.

(2) Outdoor recreation facilities within or abutting any residential zone district shall be set back from all property lines by at least 20 feet. An opaque fence and/or evergreen plantings erected and maintained at a height of six feet shall be located along the side and rear property lines when such lines abut or are within any residential zone.

(3) Lighting shall be of the cutoff-luminary type with no fixture mounted more than eight feet off the ground, and the pool of light cast by any fixture shall be contained entirely within the property on which the fixture is located.

[3] Editor's Note: See also Ch. 133, Amusement Devices.

E. Performance standards.

(1) Any process of manufacturing, assembly, repairing, mixing, combining or packaging shall be subject to continuing compliance with the standards of this section and other applicable ordinances of Indiana Borough.

(2) Compliance shall be measured along the property line of any business allegedly creating a violation. A verified violation shall be subject to penalty under this chapter.

(3) Radioactivity and electrical disturbance. No process shall create interference with radio or television reception.

(4) Glare. Any glare-producing process, such as welding or cutting, shall be carried on within a completely enclosed room or building without windows or skylights. Outdoor lighting shall be of the cutoff-luminary type with no light falling beyond, and the light source not visible from, the property line.

(5) Vibration. No process shall create vibration discernible along a property line. Vibration-producing equipment shall be mounted so as to be independent of the foundation of the building in which it is located.

(6) Odor. No process shall emit a chemical, metallic or putrefying odor, or odor of burning materials in accordance with the Pennsylvania Air Quality Standards.

[Amended 2-2-2016 by Ord. No. 2016-03]

(7) Smoke. Emissions of fly ash, dust, fumes, vapor, gases or any particulate shall meet all Pennsylvania Air Quality Standards.

[Amended 2-2-2016 by Ord. No. 2016-03]

(8) Noise emissions shall be subject to Chapter 275, Noise, of the Code of the Borough of Indiana.

F. Telecommunications towers.

(1) No two towers shall be within 1,000 feet of one another.

(2) No tower shall be located so that any part of a lot containing a residential building is within a circle whose radius is 30% of the tower's height above ground level.

(3) Before considering erection of a tower, the proposer shall make every effort, and document that effort, to secure a location for his/her equipment on an existing steeple, bell tower, light tower, chimney, stack or other elevation location that provides acceptable height.

(4) Before a tower, other than the first to be erected, can be approved, the proposer shall make every effort, and document that effort, to secure a location for his/her equipment on an existing tower.

(5) A proposed tower may be located on the same property that contains the offices and facilities of the owner and operator of the tower. However, if the tower is not so located, it shall be the sole occupant, with any accessory structures, of a lot that at least meets the minimum lot size and setback requirements of the zone district in which it is located.

(6) The base of the tower, or the entire property on which the tower is located, shall be surrounded by a chain link fence not less than eight feet high. Guy anchor foundations if any shall be enclosed behind the chain link fence on the property, or enclosed separately by the same type and height of fence.

(7) Between the property lines surrounding the lot on which a tower is located and the base of the tower, a dense planting of evergreen trees not more than 15 feet on center shall be placed with a height when planted of not less than four feet. Where buildings on the same property are located between the property line and the tower, such buildings may be used as part of the screen to the extent they block the view of the tower base from adjacent properties and streets.

(8) No tower shall be lighted, except as may be required by the Federal Aviation Administration, and shall carry no advertising.

(9) When and if a tower is abandoned, it shall be demolished by the then current owner within six months of the date of the deactivation of the last piece of operating equipment on the tower. Removal shall include all anchors, foundation and ground level structures. Whenever the ownership of a tower changes, it shall be the responsibility of the succeeding owner to inform the Borough Zoning Office of the change and to submit to the Office the name, address and phone number of the new owner, and the name of a contact person.

[Amended 2-2-2016 by Ord. No. 2016-03]