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.
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:
(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.
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.
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.
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.
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]
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.
CONSTRUCTION
DEVELOPMENT
FLOOD HAZARD AREA
FLOODPROOFING
FLOODWAY
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
ONE-HUNDRED-YEAR FLOOD
REGULATORY FLOOD ELEVATION
Definitions of terms peculiar to this section. As
used in this section, the following terms shall have the meanings
indicated:
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.
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.
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.
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]
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.
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.
A parcel of land or contiguous parcels divided into two or
more manufactured home lots for rent or sale.
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.
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.
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]
(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;
(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;
(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.
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.
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.
[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;
(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.
[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.
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.
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.
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]
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]