Where outdoor storage of supplies and merchandise is authorized
under the bulk regulations of this chapter, such shall be screened
by an opaque fence, landscaping mounding and landscaping, evergreens
providing proper screening at maturity, or a combination of the preceding
sufficient to screen said storage from the view of the public or from
the view of adjoining lots provided that the height of said fences
remains subject to those standards set forth within the bulk regulations
of this chapter.
A.
No person shall conduct or allow to be conducted any temporary outdoor activity as defined in Article II (including those specifically listed herein) without first obtaining a temporary use permit therefore, where required, in compliance with the terms of this article.
B.
A signed application on a form furnished by the municipality shall
be filed with the Zoning Officer 10 working days prior to the commencement
of the temporary outdoor activity.
C.
All temporary outdoor activities shall require review and approval
by the Zoning Officer or Borough Manager and issuance of a temporary
use permit, including the following:
(1)
Seasonal sale of produce whether from a portable stand or sectional
display unit wherein items are displayed;
(2)
The sale of trees or shrubbery for seasonal events;
(3)
The periodic sale of crafts such as leather goods, furniture
or art from a vehicle;
(4)
The sale of special event T-shirts, clothing items, or sports
related items from a vehicle;
(5)
Multiday, multi-family yard sales, estate sales and auctions;
(6)
Sidewalk sales and other similar activities, which shall be
permitted only in commercially zoned areas and only for a maximum
of seven consecutive days, limited to three per year;
(7)
Temporary structures and construction;
(8)
Carnivals;
(9)
Circuses;
(10)
Assemblies;
(11)
Marathons, bicycle races or road rallies;
(12)
Antique car shows; or
(13)
Still or motion pictures made by any analog or digital recording
device.
D.
Conditions for all temporary use permits:
(1)
All temporary uses shall be compatible with other uses permitted
in the zoning district in which the use is proposed. Yard sales in
residential zoning district shall be considered compatible only when
the activity is conducted so as to minimize its impact on surrounding
properties.
(2)
Temporary uses operating within parking lots shall not result
in a deficient number of spaces as required by this chapter for those
establishments to which the parking lot is an accessory use.
(3)
The temporary use shall not involve the construction or alteration
of any permanent structure.
(4)
If the use involves the construction or placement of a temporary
structure, the structure shall be removed within 48 hours of the expiration
of the designated time period for the approved temporary use or upon
the completion of the construction project for which it is erected.
(5)
The temporary use shall not involve the creation of any nuisance
to adjoining properties or public or private road, including excessive
noise, odors, glare or vibrations. Items which will be considered
in making this determination will be: projected hours of operations;
volume of traffic; available parking, projected traffic patterns;
and type of activity.
(6)
No person shall, in order to promote the sale or promotion of
any goods, wares, merchandise or services, or in connection with any
trade or business operate from any premises, building, vehicle or
on any street any horn, bell, chimes, loudspeaker or any other sound
device. The display of obscene signs or operation of adult uses is
expressly prohibited.
E.
Except for sidewalk sales and temporary structures and construction
trailers, the temporary use permit shall be issued for a period of
21 days. Any temporary use permit may contain conditions which the
Zoning Officer or Borough Manager may deem necessary to minimize inconvenience
to the public. Such conditions may include, but are not limited to,
the hours during which the temporary outdoor activity may operate
and the duration of said activity and traffic safety measures. Further,
the Zoning Officer or Borough Manager may require the applicant to
make arrangements with the Police Department of the municipality for
traffic and crowd control. All costs for said control measures shall
be borne entirely by the applicant. Violation of the conditions of
the permit shall render the permit null and void, constitute a violation
of this article and subject the applicant to the penalties provided
for in this chapter.
F.
Upon application, the Zoning Officer may renew and extend the permit
for a period of not more than seven days. One temporary use permit
and one renewal may be issued in any one twelve-month period, except
as otherwise specified. No extension is permitted for a sidewalk sale.
The permit shall be maintained on the property where the subject temporary
outdoor activity is conducted at all times and shall be available
on demand for inspection and review by any municipal official, representative
or employee.
G.
Temporary structures and construction trailers: The Zoning Officer
shall issue a temporary use permit for occupancy of temporary structures
only when they are incidental to permitted nonresidential uses, such
as outdoor display or sales areas, or construction trailers, sales
offices or other temporary business offices to be maintained during
construction of any permanent structure or structures for which a
zoning/building permit has been issued, provided that all of the following
requirements have been met:
(1)
Temporary use permits for temporary structures as herein defined
shall be granted for a period of not to exceed 12 months.
(2)
The temporary use permit for temporary structures shall be canceled
upon written notice by the Zoning Officer or a designated agent of
Tarentum Borough, if construction of the permanent structure is not
diligently pursued or if the existing use is discontinued.
(3)
All temporary structures shall be located at least 20 feet from
any property lines.
(4)
All temporary structures which are proposed to be accessible
to the public shall be located at least 100 feet from any construction
entrance or from the foundation of any structures which is under construction.
(5)
Vehicular access to all temporary structures which are proposed
to be accessible to the public shall be designed to ensure pedestrian
safety.
H.
The construction of said temporary structure shall comply with the
Pennsylvania Uniform Construction Code and all other local, state,
and federal laws and regulations.
A.
A home-based business that involves an activity or operation which
is construed as being capable of adversely influencing surrounding
residential uses through any of the following conditions shall not
be permitted:
(1)
Changes the external appearance of the dwelling;
(2)
Is visible from surrounding properties or the adjacent street;
(3)
Generates traffic, parking or utility use in excess of normal
levels in the neighborhood;
(4)
Creates hazards to persons or property;
(5)
Creates interference or a nuisance;
(6)
Involves outside storage, display or operations; or
(7)
Utilizes more than 25% of the floor area of the primary dwelling
structure; 50% of the floor area of an accessory structure; or a combined
total floor area which exceeds 400 square feet.
B.
Only members of the family residing on the premises shall be permitted
to work at the establishment.
C.
Activities shall be limited to the following:
(1)
Professional, technical or business pursuits that involve only
office related functions and practices.
(2)
Light handicrafts, sewing, photography and objects of art.
(3)
Teaching instruction limited to no more than three students
at any one time.
(4)
Small appliance and lawn mower repair provided that equipment
is stored within a completely enclosed building.
(5)
Beautician, barber and similar services, limited to no more
than two clients at any one time.
(6)
Personal services that meet the definition of adult uses as
defined in this chapter are expressly prohibited.
A.
Compliance. No use, land or structure in any district shall involve
any element or cause any condition that may be dangerous, injurious
or noxious, or cause offensive odor, smoke, dust, dirt, noise, vibration,
glare, excessive traffic, attract vermin or rodents or constitute
a nuisance or be a detriment to the health, safety, morals or general
welfare of the community or to any other person or property in the
Borough. All uses in all districts shall be subject to the following
standards of operation.
B.
Environmental performance standards. The developer shall determine
the presence of environmental or natural features on any site proposed
for land development and shall meet the following standards for environmental
protection. Site alterations, erosion and sedimentation control, regrading,
filling, the clearing of vegetation or timbering and forestry activities
without an appropriate and current permit prior to approval of the
plans for development shall be a violation of this section.
(1)
Floodway delineation. One-hundred-year floodways shall be delineated
as per the provisions of the current Borough ordinances. Within the
floodway, the following uses and activities having a low flood damage
potential and not obstructing flood flows shall be permitted, provided
that they are in compliance with the provisions of the underlying
district and are not prohibited by any other ordinance, and do not
require structures, fill or storage of materials and equipment:
(2)
Floodplains. For the purpose of this section, normally dry land
area adjacent to stream channels that is susceptible to being inundated
by overbank stream flows. development activities shall be regulated
as per the provisions of the current Borough ordinances.
(3)
Steep slopes. In areas of steep slopes, i.e., those above 15%,
the following standards shall apply, except as approved by the Borough
Engineer:
(4)
Forest. No more than 50% of any forest as defined may be cleared
or developed, unless trees are the primary crop being harvested.
(5)
Ponds, watercourses or wetlands. No development, filling, piping
or diverting shall be permitted except for required roads and utility
line extensions, unless permitted by the appropriate state, county
or regulatory agency.
(6)
Stormwater drainage and management. All plans shall comply with
the provisions of the Borough of Tarentum Subdivision and Land Development,
and all amendments thereto.
(7)
Soil erosion and sedimentation. With any earth disturbance there shall be control of erosion and the protection of streams and ponds from sedimentation in accordance with the Clean Streams Law, P.L. 1987, Chapter 102 of Title 25 of the Pennsylvania Code, and the "Soil Erosion and Sedimentation Control Manual" of the Pennsylvania Department of Environmental Protection. In addition, a soil erosion and sediment control plan (SE & SC plan) shall be required as part of the application for any Borough permit where earth disturbance or excavation will occur. As a minimum, where sediment can be transported away from the disturbed area, a silt fence or straw bale barrier shall be erected and maintained in working order until vegetation is fully established as determined by the Pennsylvania Department of Environmental Protection, or erosion-resistant ground cover has been installed. Additional sediment pollution control measures may be required where land development is more extensive than single-family construction.
C.
Odor. Those standards for the control of odorous emissions established
by the Pennsylvania Department of Environmental Protection (PADEP)
shall be applied in all zoning districts. Where an odor is deemed
offensive, a duly authorized Borough representative shall refer the
matter to the Pennsylvania Department of Environmental Protection
(PADEP) where it has jurisdiction relative to an established airshed.
D.
Storage and waste disposal.
(1)
No highly flammable, explosive or toxic liquids, solids or gases
shall be stored in bulk (over 500 gallons), above ground, except in
an enclosed building and except new tanks or drums of fuel connected
directly with energy devices or heating appliances located and operated
on the same lot as the tanks or drums of fuel.
(2)
All new permanent bulk outdoor storage facilities for fuel over
500 gallons, raw materials and products and all fuel, raw materials
and products stored outdoors shall be enclosed by an approved safety
fence.
(3)
No materials or wastes shall be deposited upon a lot in such
form or manner that they may be transported off the lot by natural
causes or forces; nor shall any substance which can contaminate wells,
watercourses, or potable water supplies otherwise render such wells,
watercourses, or potable water supplies undesirable as sources of
water supply or recreation; nor shall any substance which will destroy
aquatic life be allowed to enter any wells, watercourses, or potable
water supplies, where applicable. A Pennsylvania Department of Environmental
Protection approved plan for spill containment shall be submitted
to the Borough for review by the Borough Engineer prior to the issuance
of any required permit.
(4)
Any materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored outdoors only if enclosed in
containers adequate to eliminate such hazards.
E.
Air pollution. No emission at any point from any chimney or otherwise
of visible smoke in excess of that permitted by the air pollution
control regulations of the commonwealth agency with jurisdiction shall
be permitted.
F.
Dust, fumes, vapors, and gases. The emission of dust, dirt, fly ash,
fumes, vapors or gases which can cause any damage to human health,
to animals, to vegetation, or to property or which can cause any soiling
or staining of persons or property at any point beyond the lot line
of the use creating the emission is herewith prohibited.
G.
Glare. No use shall produce a strong, dazzling light or a reflection
of a strong, dazzling light or employ unshielded illumination sources
beyond its lot lines or onto any public road. Spillover lighting from
parking areas shall not exceed two footcandles per square foot beyond
the property line.
H.
Vibrations. No use shall cause earth vibrations, or concussions detectable
beyond its lot lines without the aid of instruments, with the exception
of vibration produced as a result of temporary construction activity.
I.
Discharge. No discharge at any point into any private sewage disposal
system or stream or into the ground of any materials in such a way
or in such manner or temperature as can contaminate any public or
private water supply or otherwise cause the emission of dangerous,
noxious or objectionable elements, or the accumulation of solid wastes
conducive to the breeding of rodents or insects, is permitted.
J.
Heat, cold, dampness or movement of air. No activities producing
heat, cold, dampness or movement of air are permitted which shall
produce any material effect on the temperature, motion or humidity
of the atmosphere at the lot line or beyond.
K.
Noise. No new use proposed in any district which, by the nature of
its use, operation or activity, produces noise of objectionable character
or volume as noted by a person at the property line of the parcel
upon which the offending use is located will be permitted.
(1)
Residential uses.
(a)
In excess of 60 dba for any period of time between the hours
of 10:00 p.m. and 7:00 a.m.
(b)
In excess of 80 dba for any period of time between the hours
of 7:01 a.m. and 9:59 p.m.
(c)
The use of maintenance equipment, including, but not limited
to, power mowers, on a temporary basis, in residentially zoned districts
shall be exempt from the standards in this section.
(2)
Commercial uses. In excess of 90 dba for more than two hours
during a twenty-four-hour period.
(3)
Industrial uses. In excess of 90 dba for two hours during a
twenty-four-hour period.
L.
Electrical disturbance or radioactivity. No activities which emit
dangerous radioactivity or continuous cumulative low-level radiation
at any point are permitted, and no electrical disturbance adversely
affecting the operation at any point of any equipment other than that
of the creator of such disturbance shall be permitted.
M.
Maintenance of yards, adjacent undeveloped property. The owner or
lessee of the property, whether occupied or vacant, located within
or adjacent to any developed area shall maintain such premises so
that all portions of the property shall be kept free of junk, debris,
disabled motor vehicles and dangerous or noxious material.
N.
Vehicle and equipment maintenance.
(1)
In industrial and commercially zoned areas, all vehicles and
movable equipment repair done on the property shall be performed within
an enclosed building, except that minor maintenance activities may
be completed on the exterior of a lot where space has been provided
for the temporary parking or storage of vehicles and movable equipment.
(2)
In residentially zoned areas, minor vehicle maintenance activities
on vehicles owned by the occupant may be conducted in driveways, but
in no case shall repairs be made on vehicles and movable equipment
which would result in the storage of said vehicles or movable equipment
on the exterior of the lot for more than 48 hours, unless said vehicles
are stored in an enclosed building.
Whenever, under this chapter, a use is neither specifically
permitted nor denied, and an application is made by an applicant to
the Zoning Officer for such use, the Zoning Officer shall refer the
application to the Borough Council to hear and decide such request
as a conditional use. The Borough Council shall have the authority
to permit the use or deny the use in accordance with the standards
governing conditional use applications. The use may be permitted if
it is similar to and compatible with the permitted uses in the zone
in which the subject property is located, is not permitted in any
other zone under the terms of this chapter, and in no way is in conflict
with the general purposes and intent of that section. The burden of
proof shall be upon the applicant to demonstrate that the proposed
use meets the foregoing criteria and would not be detrimental to the
public health, safety and welfare of the neighborhood.
A.
As part of a decision otherwise required by process mandated by this
chapter including conditional uses and traditional neighborhood developments,
Council shall evaluate whether or not buildings impacted by the proposed
application should be designated or defined as buildings of historic
significance.
B.
In order to be designated as a building of historic significance,
thereby subject to standards and protections accorded to such structures,
the building must be 50 years old or older and must meet one or more
of the following criteria:
(1)
Possess significant character, interest, or value associated
with the development, heritage, or cultural characteristics of the
Borough and is associated with a significant period of time in its
history;
(2)
Is representative of the built environment of an era of history
as characterized by distinctive architectural styles;
(3)
Is the site or location of a notable local event considered
to have had a significant effect on the Borough;
(4)
Is an example of the cultural, political, economic, social,
or historical heritage of the community;
(5)
Has achieved significance within the past 50 years or is of
exceptional importance to the Borough;
(6)
Possesses a unique location or physical characteristics that
represent an established and familiar visual feature of a neighborhood
within the Borough.
C.
Council may rely upon evaluations and reports prepared by qualified
professionals including but not limited to architects, landscape architects,
and historians. Costs for such evaluations shall be borne by the applicant
but shall be limited solely to the evaluation of the subject structure.
D.
Information concerning the historical significance of a building
or buildings impacted by a proposed application may be introduced
by the applicant or a member of the general public.
