The supplementary regulations in this article supplement the requirements of Articles
IV through
XIII governing each zoning district and shall apply to all uses in all zoning districts.
The following standards shall apply to all permitted
uses, conditional uses and uses by special exception in all zoning
districts. In order to determine whether a proposed conditional use
or use by special exception will conform to the requirements of this
chapter, the Planning Commission, Borough Council or the Zoning Hearing
Board may require a qualified consultant whose credentials are acceptable
to Council or the Board to testify, whose cost for services shall
be borne by the applicant.
A. Fire protection. Fire prevention and fighting equipment which conforms to the requirements of the Borough Construction Code (Chapter
90) shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
B. Electrical disturbance. No activity shall cause electrical
disturbance adversely affecting radio or other equipment in the vicinity.
C. Noise.
(1)
No operation or activity shall cause or create
noise in excess of the sound levels prescribed below. For the purposes
of this chapter, the noise level will be measured in decibels (dBA)
which indicate the sound pressure level obtained from a frequency
weighting network corresponding to the A-scale on a standard sound
level meter.
(a)
Residential, Park and Conservation Districts.
At no point on or beyond the boundary of any lot within these districts
shall the exterior noise level resulting from any use or activity
located on such lot exceed a maximum of 75 dBA for more than one hour
per 24 hours.
(b)
Commercial and Industrial Districts. At no point
on or beyond the boundary of any lot within these districts shall
the exterior noise level resulting from any use or activity located
on such lot exceed a maximum of 75 dBA for more than eight hours per
24 hours.
(c)
Where two zoning districts in which different
noise levels are prescribed share a common boundary, the most restrictive
of the noise level standards shall govern.
(2)
The following uses or activities shall be exempted
from the noise regulations: noises emanating from construction and/or
maintenance activities between 7:00 a.m. and 9:00 p.m.; and noises
caused by safety signals, warning devices and other emergency-related
activities or uses.
(3)
In addition to these regulations, all uses or
activities within the Borough shall conform to any applicable county,
state or federal noise regulations.
D. Vibrations.
(1)
Vibration shall be measured at or beyond any
adjacent lot line or residential district line as indicated in Table
A below and such measurements shall not exceed the particle velocities
so designated. The instrument used for these measurements shall be
a three-component measuring system capable of simultaneous measurement
of vibration in three mutually perpendicular directions.
(2)
The maximum vibration is given as particle velocity,
which may be measured directly with suitable instrumentation or computed
on the basis of displacement and frequency. When computed, the following
formula shall be used:
P.V. = 6.28 F x D
WHERE:
P.V. = Particle velocity, inches per second
F = Vibration frequency, cycles per second
D = Single amplitude displacement of the vibration,
inches
|
(3)
The maximum particle velocity shall be the vector
sum of the three individual components recorded. Such particle velocity
shall not exceed the values given in Table A. Where vibration is produced
as discrete impulses, and such impulses do not exceed a frequency
of 100 per minute, then the values in Table A may be multiplied by
2.
|
TABLE A
|
---|
|
Maximum Ground Transmitted Vibration by
Zoning Districts
|
---|
|
Particle Velocity in Inches/Second
|
---|
|
Vibration Measured in:
|
Adjacent Lot Line
|
Residential and Conservation Districts
|
---|
|
Residential, Park and Conservation Districts
|
0.02
|
0.02
|
|
Commercial Districts
|
0.06
|
0.02
|
|
Industrial Districts
|
0.10
|
0.02
|
E. Odors. No malodorous gas or matter shall be permitted
which is discernible on any adjacent lot or property. There shall
be no emission of any malodorous gas or matter which violates the
regulations of the Allegheny County Health Department.
F. Smoke, ash, dust, fumes, vapors and gases. There shall
be no emission at any point for longer than five minutes in any hour
of visible gray or other color smoke with a shade darker than No.
3 on the Standard Ringlemann Chart issued by the U.S. Bureau of Mines;
nor shall there be any emission at any point from any source which
can cause damage to health, to animals or vegetation or other forms
of property or which can cause excessive soiling at any point.
G. Lighting and glare:
(1)
No direct or sky-reflected glare, whether from
floodlights or from high temperature processes shall be visible from
adjacent public streets or adjacent lots when viewed by a person standing
on ground level. For the purposes of interpreting this subsection,
glare shall be defined as direct or indirect light from any source
which exceeds 1/2 footcandle on any adjacent property.
(2)
In all zoning districts, all lighting devices
located within 100 feet of a property line adjacent to residential
use or zoning classification shall be designed with shields, reflectors
or refractor panels which direct and cut off light at a cutoff angle
which is less than ninety degrees (90º). Cutoff angle is defined
as the angle formed by a line drawn from the direction of the light
rays at the light source and a line perpendicular to the ground from
the light source above which no light is emitted.
H. Erosion. No erosion by wind, water or other source
shall be permitted which will carry objectionable substances onto
neighboring properties. All activities shall be subject to the requirements
of the Allegheny County Soil Conservation Service and shall be governed
by any permits issued by that agency.
I. Water pollution. Water pollution shall be subject
to the standards established by the Pennsylvania Department of Environmental
Protection (DEP).
J. Determination of compliance with performance standards.
During the review of an application for zoning approval, the applicant
may be required to submit data and evidence documenting that the proposed
activity, facility or use will comply with the provisions of this
section. In reviewing such documentation, the Borough may seek the
assistance of any public agency having jurisdiction or interest in
the particular issues and the Borough may seek advice from a qualified
technical expert. All costs of the expert's review and report shall
be paid by the applicant. A negative report by the technical expert
and the applicant's refusal or inability to make alterations to ensure
compliance with this section shall be a basis for denying approval
of the application.
K. Forestry.
(1)
Permit procedures.
(a)
A permit, issued by the designated Borough personnel,
shall be required for all logging or forestry activities.
(b)
A review of the forest management or forest
harvesting plan by the Borough Planning Commission shall precede the
issuance of any logging permit.
(c)
Twelve copies of the management or harvesting
plan shall be submitted to the Borough Zoning Officer a minimum of
30 days prior to a regularly scheduled meeting of the Borough Planning
Commission, accompanied by an administrative fee as set by the Borough
Council.
(d)
Failure to secure such permit prior to initiating
the logging activity shall constitute a violation of this chapter.
(2)
Forestry operations and the cutting of trees.
(a)
Forestry shall be conducted only in accordance
with a forest management or forest harvesting plan prepared by a forester
or qualified professional, a copy of which plan shall be filed with
the Borough Zoning Officer. All forest management and harvesting plans
and the forestry operation itself shall comply with the following
requirements:
[1]
An erosion and sedimentation plan and a stormwater
management plan shall be submitted prior to the start of forestry
operations.
[2]
All cutting, removing, skidding and transporting
of trees shall be planned and performed in such manner as to minimize
the disturbance of or damage to other trees and vegetation and the
land itself.
[3]
Roads and trails shall be constructed, maintained
and abandoned in such manner as to prevent soil erosion and permanent
damage to soil and waterways.
[4]
Roads and trails shall be only wide enough to
accommodate the type equipment used and grades shall be kept as low
as possible.
[5]
Where possible stream crossings shall be avoided,
but where deemed necessary, crossings shall be made at a right angle
across suitable culverts or bridges.
[6]
Skidding across live or intermittent streams
is prohibited except over bridges or culverts.
[7]
Buffer zones of appropriate dimensions shall
be maintained on the property on which the forestry operation is being
conducted along all streets and abutting properties and around streams
or springs on the tract being logged.
[8]
Everything practical shall be done to prevent
damage or injury to young growth and trees not designated for cutting.
[9]
All limbs and stubs shall be removed from felled
trees prior to skidding.
[10] No trees shall be left lodged
in the process of felling.
[11] Felling or skidding on or across
property of others is prohibited without the express written consent
of the owners of such property. Felling or skidding on or across any
public or private street is prohibited without the express written
consent of the Township in the case of Township streets, or the Pennsylvania
Department of Transportation in the case of state highways.
[12] Tops to a maximum height of four
feet or slash remaining in buffer areas shall be disposed of by the
contractor or property owner.
[13] The stumps of all felled trees
shall be permitted to remain in the soil for stabilization purposes.
[14] During periods of abnormal forest
fire danger, as determined by the Borough Fire Marshal or Borough
Council, the Borough shall have the right to order a suspension of
forestry operations until the danger subsides.
[15] Littering is prohibited and during
and upon completion of a forestry operation all cans, bottles, paper,
garbage and other litter of any type shall be removed from the property.
[16] Upon completion of a forestry
operation, all roads shall be graded to eliminate any wheel ruts,
and access to such roads from any public or private street by motor
vehicles of any kind shall be effectively blocked except as necessary
for the passage of appropriate vehicles.
[17] The use of Borough streets will
require the posting of a bond for forestry vehicles.
(b)
Before the forestry operation begins, all trees
which are to be felled in connection therewith shall be clearly marked
on the trunk and the stump so that the same may be easily identified
both before and after a tree has been felled. No tree shall be felled
which has not be designated for removal on the forest management plan
as finally approved by the Planning Commission.
(c)
The holder of a permit to conduct a forestry
operation shall notify the Borough, in writing, by fax, or telephone,
within one week before the cutting of trees is to begin in connection
with the construction of roads or trails, weather permitting.
(d)
The holder of a permit to conduct a forestry
operation shall notify the Borough, in writing, by fax or telephone,
within one week before the cutting of trees for removal from the site
is to begin, weather permitting.
(e)
The holder of a permit to conduct a forestry
operation shall notify the Borough at least one week in advance of
the expected completion date of the forestry operation and shall notify
the Borough immediately upon said operation's completion, weather
permitting.
(f)
The Borough may, by its own personnel or outside
persons hired for the purpose, go upon the site of any proposed forestry
operation after an application to conduct such operation has been
filed for the purpose of reviewing the plans for the proposed operation.
(g)
After a permit for a forestry operation has
been issued, the Borough shall have the right, by its own personnel
or by outside persons hired for the purpose, to go upon the site before,
during and after the forestry operation to insure and require compliance
with the plans for said operation as finally approved and all of the
terms and provisions of this chapter.
(h)
The holder of a permit to conduct a forestry
operation shall be notified of an inspection within a week of its
scheduled date or a minimum of 48 hours prior to said site inspection.
(i)
Clear-cutting in the buffer yards required by §
225-121 of this chapter shall be prohibited.
(3)
Contents of the forest management or forest
harvesting plan.
(a)
Minimum requirements. As a minimum, the forestry
plan shall include the following:
[1]
Design, construction, maintenance, and retirement
of the access system, including haul roads, skid roads, skid trails
and log landings.
[2]
Design, construction, and maintenance of water
control measures and structures such as culverts, broad-based dips,
filter strips, and water bags.
[3]
Design, construction, and maintenance of stream
and wetland crossings.
[4]
A stand prescription for each stand located
in the proposed harvest area.
[5]
The general location of the proposed operation
in relation to municipal and state highways, including any accesses
to those highways.
(b)
Map. Each forestry plan shall include a site
map containing the following information:
[1]
Site location and boundaries, including both
the boundaries of the property on which the timber harvest will take
place and the boundaries of the proposed harvest area within that
property.
[2]
Significant topographic features related to
potential environmental problems.
[3]
Location of all earth disturbance activities
such as roads, landings, and water control measures and structures.
[4]
Location of all crossings of waters of the commonwealth.
[5]
The general location of the proposed operation
to municipal and state highways, including any accesses to those highways.
(c)
Compliance with state law. The forestry plan
shall address and comply with the requirements of all applicable state
laws and regulations, including but not limited to the following:
[1]
Erosion and sedimentation control regulations
contained in 25 Pa. Code, Chapter 102, promulgated pursuant to the
Clean Streams Law (35 P.S. § 691.1 et seq.).
[2]
Stream crossing and wetlands protection regulations
contained in 25 Pa.Code, Chapter 105, promulgated pursuant to the
Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.).
[3]
Stormwater management plans and regulations
issued pursuant to the Stormwater Management Act (32 P.S. § 680.1
et. seq).
(d)
Relationship of state laws, regulations, and permits to the forestry plan. Any permits required by state laws and regulations shall be attached to and become part of the forestry plan. An erosion and sedimentation pollution control plan that satisfies the requirements of 25 Pa. Code, Chapter 102, shall also satisfy the minimum requirements for the forestry plan and associated map specified in Subsections
K(1)(a) and
(b), provided that all information required by these subsections is included or attached.
L. Microbrewery.
[Added 2-25-2019 by Ord.
No. 1655]
(1)
A microbrewery and, if included, a tap room must be licensed
by the Pennsylvania Liquor Control Board.
(2)
Any microbrewery that includes a tap room shall meet the off-street parking requirements of Article
XIV for eating and drinking establishments for the portion of the building devoted to the tap room in addition to the parking required for a microbrewery. Parking spaces may be located on a lot other than that containing the principal use only upon the approval by the Borough Council provided that safe, convenient pedestrian access is assured, and that any off-street parking spaces required to serve structures or uses on a separate zoning lot shall be within 500 feet of the main entrance of the structure or use served. If not located on the same zoning lot, the required off-street parking spaces shall be located on a zoning lot owned by or leased to the owner of the zoning lot on which the principal use is located. No property located in a residential zoning district may be used for off-site, off-street parking. Evidence of ownership or lease rights shall be presented to the Borough in the form of a deed, contract of sale, option agreement or lease. The continued ownership or lease of the approved off-site, off-street parking spaces shall be a condition to occupancy of the principal use which the parking spaces serve. If deemed necessary by the Borough Engineer, an applicant for approval of off-site parking pursuant to this section may be required to submit a parking demand study.
(3)
The establishment shall not have a drive-through facility.
(4)
Outdoor entertainment shall not be permitted.
(5)
All operations shall be conducted within a completely enclosed
building, except for an outdoor seating area associated with a tap
room. An outdoor seating area associated with a tap room shall be:
(a)
Integral with the principal building.
(b)
No larger than 10% of the entire microbrewery and tap room.
(c)
Accessible only through the inside of the facility.
(d)
Entirely enclosed by fencing or landscaping and shall comply
with all standards as required by the Pennsylvania Liquor Control
Board.
(e)
In compliance with all setback regulations required for the
principal building.
(6)
A tap room may offer food to patrons.
(7)
At least 51% of the malt or brewed beverages offered for consumption
or sale at a tap room must be produced on the premises or on real
property immediately adjacent to the premises.
(8)
No equipment or storage related to the operation of the preparation
of malt or brewed beverages (specifically excluding chillers) may
be located outside the principal structure.
(9)
Growlers or crowlers, defined as a refillable and resealable
container for malt or brewed beverages, shall not be consumed on the
premises.
M. Continuing enforcement.
(1)
The Zoning Officer shall investigate any purported
violation of the performance standards and, subject to the approval
of Borough Council, may employ qualified technical experts to assist
in the determination of a violation. Costs of the services of such
experts shall be paid by the owner or operator of the facility or
use accused of the violation if the facility or use is found to be
in violation. If the facility or use is found to be in compliance
with the performance standards, said costs shall be borne by the Borough.
(2)
If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance with §
225-144B(7) of this chapter and a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this chapter and shall result in the revocation of the occupancy permit for the facility or use.
In addition to the yard requirements specified
in each zoning district, the following yard requirements shall apply
in all zoning districts to the applicable circumstances described
below:
A. Corner lots. Corner lots shall provide front yards
on each street frontage. The remaining two yards shall constitute
side yards.
B. Nonconforming lots of record. See §
225-142.
C. Accessory uses and structures. In all zoning districts
the following regulations shall apply to accessory structures:
(1)
Private swimming pools accessory to a dwelling:
(a)
Swimming pools accessory to a dwelling and all
structures appurtenant thereto shall be located at least 10 feet from
any property line. Swimming pools shall not be permitted in the front
yard. Swimming pools shall not occupy more than 30% of the rear yard
area, as defined by this chapter.
(b)
A swimming pool shall be fully enclosed with
a six-foot fence. Any gate shall be locked and self-latching.
(c)
Any deck surrounding a swimming pool shall have a railing in accordance with the Borough Construction Code (Chapter
90).
(2)
Private tennis courts accessory to a dwelling.
Tennis courts accessory to a dwelling shall not be permitted in the
front yard and shall be located at least 20 feet from any side or
rear property line. If lighting is proposed, the lighting shall be
shielded so that it does not reflect on any adjacent property. All
tennis courts shall be enclosed by a fence which is a minimum of 10
feet in height and a maximum of 12 feet in height and which shall
contain openings equal to 50% or more of the surface area of the fence.
Tennis courts shall not occupy more than 30% of the rear yard area
as defined by this chapter.
(3)
Fences.
(a)
In all zoning districts, the finished side of
the fence shall face the street or adjacent property.
(b)
In C Commercial, P Park, S Conservancy and R
Residential Districts, fences no greater than six feet in height shall
be permitted in the required side or rear yard.
(c)
In S Conservancy and R Residential Districts,
fences shall be permitted in the front yard, provided they meet the
following requirements:
[1]
A 50% open-faced continuous lattice fence structure
shall be permitted in the front yard, provided it shall not exceed
48 inches in height and shall not obstruct sight distance on the public
street right-of-way.
[2]
A front yard fence shall not be constructed
or maintained in any public street right-of-way.
(d)
In the I Industrial District, the maximum height
of a fence shall be 10 feet. Fences shall be located in side or rear
yards only.
(e)
In any zoning district, fences accessory to
schools, parks and playgrounds shall be no more than 10 feet in height
and shall contain openings equal to at least 75% of the surface area
of the fence.
(f)
In any zoning district, when a fence is erected
on top of a wall, the distance from the base of the wall to the top
of the fence shall not exceed the applicable height limitations specified
in this subsection. When a wall is of the retaining type (the top
is not an equal distance from ground level on both sides), the height
of the wall shall be measured from the sidewalk level. Fences erected
on the top of a wall shall contain openings equal to at least 75%
of the surface area of the fence.
(4)
Satellite dish antennas.
(a)
A satellite dish antenna structure may be installed
or used only in a rear yard, provided such structure is not located
in the minimum required rear yard, and further provided such structure
is located a minimum of 20 feet from any property line; has a maximum
height of 13 feet above the ground when positioned vertically, a maximum
diameter of 10 feet; is screened from adjacent properties by evergreen
vegetation to the maximum extent possible without interfering with
the antenna's line of sight; and to the extent possible, is painted
black, dark green or brown.
(b)
The satellite dish antenna may be located on
the roof of a structure only if the owner establishes that:
[1]
Placement of the satellite dish antenna in the
rear yard as required by this section would effectively preclude reception
from any transmitting satellite.
[2]
The roof of the structure in question can safely
support the load of the satellite dish antenna.
[3]
Design of the satellite dish antenna and its
proposed placement on the roof are such that the satellite dish antenna
will remain safely secured to the roof during wind gusts of up to
75 miles per hour.
[4]
The maximum height of the satellite dish antenna
is 13 feet above the roofline as measured from the highest point of
the roof for flat roofs, deckline for mansard roofs, or the mean height
between eaves and ridge for gable, hip and gambrel roofs.
[5]
The maximum diameter of the satellite dish antenna
is 10 feet.
[6]
To the extent possible, the satellite dish antenna
is painted black, dark green or brown.
(c)
No satellite dish antenna structure shall be
installed or used before securing a building permit.
(5)
Radio or television antennas:
(a)
A radio or television antenna accessory to a
principal residential use may be installed or used only in a rear
yard, provided that said structure shall not be located in the minimum
required rear yard, and further provided that such antenna be located
a minimum of 20 feet from any property line; has a maximum height
of 30 feet; is screened from adjacent properties by large evergreen
trees; and to the extent possible, is painted black, dark green or
brown.
(b)
Such an antenna may be mounted on the roof,
provided it has a maximum height of 13 feet above the roofline as
measured from the highest point of the roof for flat roofs, deckline
for mansard roofs or the mean height between eaves and ridge for gable,
hip and gambrel roofs, and is painted as specified above.
(c)
No radio or television antenna shall be installed
or used before securing a building permit.
(d)
No radio or television antenna shall be lighted.
(e)
This section shall not be construed as authorizing
the construction or use of a tower or other structure for any commercial,
institutional or governmental telecommunications, radio, cellular
telephone, paging, television or similar use.
(6)
Air conditioning condensers, heat exchangers
and heat pumps:
(a)
In S Conservancy and R Residential Zoning Districts,
air conditioning condensers, heat exchangers and heat pumps shall
be located in the rear yard. Such equipment shall not be located in
any required front or side yard, unless location of the equipment
in the rear yard would be detrimental to the efficient operation of
the system, and the equipment may be located in a required front or
side yard, provided it shall not encroach into the required front
yard by more than five feet and shall be located at least three feet
from any side property line and the installation shall be adequately
screened from view from the street and adjacent residential properties.
(b)
In the C Commercial Zoning Districts and I Industrial
District, roof-top air conditioners and other mechanicals shall be
screened from view from the street and adjacent residential properties.
(7)
Canopies other than canopy signs, and similar
structures. Canopies other than canopy signs and similar permanent
freestanding roofed structures without walls shall be permitted to
cover outdoor seasonal display and sales areas or fuel-dispensing
areas accessory to authorized uses in C-1 Shopping Center, C-2 Commercial
Core, and I Industrial Zoning Districts, provided that:
(a)
Such structure shall not be attached to the
principal building;
(b)
Such structure shall be located at least 10
feet from any property line or street right-of-way;
(c)
Such structure shall not be enclosed;
(d)
Such structure shall be removed immediately,
once the principal use or the use of the accessory structure is discontinued.
(8)
Private garages and carports:
(a)
Detached private garages and carports accessory
to a single-family dwelling or two-family dwelling may be located
in the side or rear yard or, in the case of property fronting on an
alley, in the front yard facing the alley, provided that a detached
private garage or enclosed carport or partially enclosed carport shall
not be located closer than three feet to the side or rear property
line or front property line adjacent to an alley. A detached private
garage or carport shall not occupy more than 30% of the rear yard
area, as defined by this chapter.
(b)
Detached private front-loading private garages
and carports may be permitted as a conditional use, subject to the
following conditions:
[1]
The applicant shall submit plans subject to
contextual review by the Borough Planning Commission and approval
by the Borough Council.
[2]
The garage shall be located behind the principal
structure.
(c)
Shared garages in joint ownership with party
walls alongside property lines shall be permitted, provided each space
is served by a paved driveway in separate ownership or an easement
or other agreement for a shared driveway is recorded with the deed.
Shared garages shall be located at least three feet from the rear
property line and shall not occupy more than 30% of the rear yard
area, as defined by this chapter.
(d)
If the above requirements cannot be met because
of topography or other physical limitations, then a single (or jointly
owned shared) garage may be constructed in the front yard, provided
the garage is completely enclosed, the cubic content of the garage
is more than 75% below grade and a parapet wall or appropriate landscaping
is furnished.
(9)
No-impact home-based businesses. No-impact home-based
businesses which comply with the definition and standards of this
chapter shall be permitted as an incidental use to any principal dwelling
unit in all residential zoning districts as long as the business or
commercial activity satisfies the following requirements, except that
such permission shall not supersede any deed restriction, covenant
or agreement restricting the use of the land, nor any master deed,
bylaw or other document applicable to a common interest ownership
community:
(a)
The business activity shall 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.
(10)
All other accessory structures. All other accessory structures, including, but not limited to garages, storage sheds, gazebos, playhouses, decks, patios and porches, shall not be permitted in the required front yard or required side yards, except as may be permitted by §
225-123, and shall be located at least five feet from the rear lot line. Any detached accessory structure shall be located at least 10 feet from any principal building, except that a detached garage may be connected to the principal building by contiguous walls, breezeways or similar connections.
D. Visibility at intersections.
[Amended 8-24-2011 by Ord. No. 1605]
(1)
No object, including but not limited to fences, hedges, and
other plantings, buildings, structures, walls, signs and motor vehicles,
exceeding a height of three feet as measured from the lowest elevation
of the center line of any abutting street, shall be temporarily or
permanently placed, erected, installed or parked within the clear
sight triangle required on a corner lot except as permitted by exception
listed below.
(2)
The required clear sight triangle on a corner lot shall be determined
as follows:
The street lines abutting the corner lot shall form the legs
of the clear sight triangle. Each of the legs shall extend a distance
of 30 feet from the point of intersection of the street right-of-way
lines abutting the corner lot. The hypotenuse of the clear sight triangle
shall be formed by drawing a straight line joining the legs at their
farthest point from the vortex of the triangle.
(3)
Permitted exceptions to the required clear site triangle are
as follows:
(a)
Controlled intersections; or
(b)
Where creating the required clear site triangle is not feasible
due to geographic layout; or
(c)
Where creating the required clear site triangle is not feasible
due to structural reasons (that is, existing structure, existing structural
retaining wall).
The following shall be permitted to project
into any required yard in any zoning district as follows:
A. Typical architectural features, including but not
limited to bay windows, window sills, chimneys, cornices and eaves,
shall be permitted to project into required yards no more than 24
inches.
B. Decks and their stairs and unenclosed porches without
enclosed habitable foundation and without a roof shall be permitted
to project into the required front yard no more than three feet and
shall be no closer to the rear property line than 20 feet. In addition,
decks shall not be permitted to face the street between the principal
building and the front lot line.
C. Steps and stoops attached to the principal building
and open fire escapes shall be permitted to project into required
front, side and rear yards no more than 36 inches.
D. Open fire escapes shall be permitted to project into
required front, side and rear yards no more than 36 inches.
All businesses which propose drive-in facilities
as accessory uses or principal uses shall meet the following requirements:
A. The property shall have frontage on and direct vehicular
access to an arterial or collector street, as defined by this chapter,
or to Linden Avenue or Foster Avenue.
B. In addition to the parking spaces required for the
principal use, a minimum of five standing spaces, in tandem, with
a total length of 100 feet, in direct line with each window or stall
shall be provided for vehicles to wait in line. The standing spaces
shall not interfere with the use of any required parking spaces and
shall not inhibit the free flow of traffic on the property. The standing
spaces shall be designed so that waiting vehicles shall not stand
in any right-of-way or any aisle serving parking spaces or overflow
onto adjacent properties, streets or berms.
C. Entrances, exits and standing spaces shall be adequately
indicated with pavement markings and/or directional signs.
D. Parking areas and circulation patterns shall be adequately
striped and marked to facilitate traffic circulation on the property.
Temporary construction trailers or sheds or
model homes or sales offices shall be permitted in any zoning district
subject to the following conditions:
A. Temporary construction trailers or sheds shall be permitted only during the period that the construction work is in progress. Model homes or sales offices shall be permitted only until the last lot or dwelling unit in the final phase of the development is sold. A permit for the temporary structure or use shall be obtained from the Zoning Officer prior to the commencement of construction and shall be renewed every six months pursuant to §
225-118II(4) and §
225-145D.
B. Temporary construction trailers or sheds shall be
located on the lot on which the construction is progressing and shall
not be located within 25 feet of any property line adjacent to residential
use.
C. Temporary construction trailers or sheds shall be
used only as temporary field offices and for storage of incidental
equipment and supplies and shall not be used for any dwelling use.
D. No combustible materials shall be stored in temporary
construction trailers or sheds.
E. Model homes shall be located on a separate lot and
shall meet all the requirements for permanent dwellings in the zoning
district in which they are located. Sales offices may be located in
a model home or may be located in a trailer located on a vacant lot
in the plan or on the site of construction. If the sales office is
located in a trailer, the trailer shall not be located within 25 feet
of any property line adjacent to a residential use.
F. Model homes or sales offices located in a trailer
shall not be utilized for any dwelling use during the time they are
approved as a temporary use or structure in accordance with the provisions
of this section.
G. Model homes or sale offices shall be used primarily
for sales associated with the development in which they are located
and shall not be used as the only place of business for the listing
realtor.
[Amended 8-24-2011 by Ord. No. 1605]
A. Outdoor storage in commercial districts.
(1)
Except for nurseries, garden supply, building supply, automotive
service station and similar businesses which require outside storage
of materials, storage and display of materials outside a completely
enclosed structure shall not be permitted. In the case of nurseries,
garden supply, building supply and similar businesses, outside display
and storage areas shall be completely enclosed by a security fence
and shall be screened by an opaque fence or hedge which is at least
six feet in height. All other commercial activities shall take place
within a completely enclosed building.
(2)
Temporary display and sales on the site of an existing commercial business shall be subject to the requirements of §
225-118II of this chapter.
(3)
All organic rubbish and discarded materials shall be contained
in tight, verminproof containers which shall be screened from public
view by an opaque fence or hedge which is at least six feet in height.
B. Storage of recreational vehicles. The parking and storage of recreational
vehicles shall be prohibited within the right-of-way of any public
street or alley and within the front yard. Recreational vehicles shall
be parked in a completely enclosed building or in a location on the
lot behind the rear line of the primary building structure, not to
include accessory structures such as decks, porches, etc. At no time
shall such parked or stored vehicle be occupied or used as a dwelling.
(1)
For the purpose of corner lots, an exception to §
225-122 will be granted providing for the yard opposite the address of record on the tax rolls to be considered the rear yard. All additional applicable provisions of the Code shall apply.
C. Storage of commercial and construction equipment. Commercial and
construction equipment or vehicles, including, without limitation,
trucks with a gross vehicle weight (GVW) of 10,000 pounds or greater,
tractors of 40 horsepower or larger, tandems, tractor-trailers, cargo-moving
equipment and construction equipment or vehicles, shall not be stored
or parked temporarily or permanently in any S Conservancy or R Residential
Zoning District.
D. Storage of refuse.
(1)
Outdoor storage of garbage, rubbish, trash, refuse, junk, or
discarded articles is prohibited in every zoning district, except
that garbage and rubbish stored in appropriate containers originating
from and stored upon lots containing single-family and two-family
dwellings is permitted, provided that such garbage and rubbish is
removed from the premises not less than as often as required by the
Borough. All areas of storage shall be screened from public view.
The storage of refuse shall not be permitted between the principal
building and the front lot line.
(2)
Every building in every zoning district, other than a single-family
or two-family dwelling, shall have a separate room or totally enclosed
area with a concrete floor or pad to be used for the storage of garbage,
rubbish, trash, refuse, junk and discarded articles.
E. Temporary portable storage containers.
(1)
Definition. "Temporary portable storage container" is defined
as a large container and rented or leased for the transport storage
of commercial, industrial, or residential household goods, that does
contain a foundation or wheels for movement. Examples of this use
include piggyback containers that can be transported by mounting on
a chassis and transport storage-type boxes that can be transported
on a flatbed or other truck.
(2)
No temporary storage container shall have dimensions greater
than 20 feet in length, eight feet in width or eight feet in height.
Storage capacity shall be no greater than 1,280 cubic feet.
(a)
One temporary storage container shall be permitted on a lot.
The temporary storage container may be located in any minimum required
front, side or rear yard, provided that it is at least three feet
from any property line and 10 feet from any street curbline or, if
there is no curb, from the edge of paving of a public or private street.
(b)
Temporary storage containers that are utilized for the purpose
of moving or relocating personal effects or business inventory or
equipment shall be permitted to remain on the lot for no more than
30 consecutive days in a calendar year.
(c)
Temporary storage containers that are utilized during repair
or reconstruction of a structure on the lot shall be permitted to
remain on the lot for no more than 90 consecutive days in a calendar
year. Upon demonstration of the continued need for the personal on-demand
storage unit utilized during repair or reconstruction, the Zoning
Officer may grant one extension for a cumulative total of no more
than 180 consecutive days in a calendar year. The temporary storage
container shall be removed within 30 days of completion or cessation
of construction.
(d)
No temporary storage container shall be parked on any Borough
street or alley or obstruct traffic vision when parked on any property.
If required by the Borough Subdivision and Land
Development Ordinance, approval of a land development plan shall be
required for nonresidential uses involving construction of a new principal
building or an addition to an existing building or change of use resulting
in an increase in the area of the lot covered by the building and/or
paving.
Where evidence exists from available soils maps
and reports of slide-prone soils or other hazardous soil conditions,
at the time of application for a building permit for a principal building,
there shall be submitted a report of a qualified soils engineer analyzing
the land to be developed and precautions recommended, if any, to be
considered in the design of the development to mitigate landslides,
erosion and sedimentation, stormwater runoff and other impacts on
adjacent properties, as well as the stability of finished slopes and
special foundation design, if warranted.