This article lists specific controls over general aspects of
land utilization that either further explain requirements of this
chapter, provided additional requirements or are not included elsewhere
in this chapter.
Accessory buildings shall meet the following requirements:
A.
Building-mounted broadcast transmission antennas shall not be located
on any single-family or two-family dwelling.
B.
Building-mounted broadcast transmission antennas shall be permitted
to exceed the height limitations of the applicable zoning district
by not more than 20 feet. Broadcast transmission antennas co-located
on existing permitted antennas shall not exceed the height established
by Borough Council.
C.
Omnidirectional or whip antennas shall not exceed 20 feet in height
and seven inches in diameter.
D.
Directional or panel broadcast transmission antennas shall not exceed
five feet in height and three feet in width.
E.
Any applicant proposing broadcast transmission antennas to be mounted
on a building or other structure shall submit evidence from a Pennsylvania
registered professional engineer or architect certifying that the
proposed installation will not exceed the structural capacity of the
building or other structure, considering wind and other loads associated
with the antenna location.
F.
Any applicant proposing broadcast transmission antennas to be mounted
on a building or other structure shall submit detailed construction
and elevation drawings to the Borough Council indicating how the antennas
will be mounted on the structure.
G.
Any applicant proposing broadcast transmission antennas to be mounted
on a building or other structure shall submit evidence of agreements
and/or easements necessary to provide access to the building or structure
on which the antennas are to be mounted so that installation and maintenance
of the antennas and broadcast transmission equipment building can
be accomplished.
H.
Broadcast transmission antennas shall comply with all applicable
standards established by the Federal Communications Commission governing
human exposure to electromagnetic radiation.
I.
Broadcast transmission antennas shall not cause radio frequency interference
with other broadcast transmission facilities located in the Borough.
J.
Broadcast transmission antennas shall be set back from any residence
in an abutting zoning district a distance equal to the height of the
tower plus 50 feet.
K.
A broadcast transmission equipment building shall be subject to the
height and setback requirements of the applicable zoning district
for an accessory structure. Broadcast transmission equipment housed
in underground vaults shall be exempt from setback requirements.
L.
The owner and/or operator of broadcast transmission antennas shall
be licensed by the Federal Communications Commission to operate such
antennas.
M.
The applicant shall supply documentation to the Borough documenting
the need for the broadcast transmission facilities and efforts to
secure co-location; a visual impact assessment and neighborhood impact
assessment of the proposed facilities; and scale drawings showing
the proposed placement, spacing, construction and/or modification
of the broadcast transmission antennas and related facilities.
N.
As conditions to issuance of the permit, applicants for broadcast
transmission facilities shall be required to supply the following:
(1)
Financial security in the amount of $100,000 shall be placed with
the Borough to assure compliance with the provisions of this chapter.
The form of security shall be subject to the Borough's approval and
shall be maintained until the removal of the facility.
(2)
Public liability insurance for personal injuries, death and property
damage in the amount of $2,000,000 per occurrence. The Borough shall
be listed as an additional insured, and the policy shall contain an
endorsement that gives the Borough a thirty-day notice prior to policy
cancellation. A copy of said policy shall be delivered to the Borough
upon issuance.
(3)
All documentation applicable to the facility including its operation
and any enforcement/activities by other agencies.
The following are exceptions to the height requirements of the
districts:
A.
Height regulations of this chapter shall not apply to water towers,
church spires, belfries, antennas, chimneys, architectural ornament,
or appurtenances placed above the roof level not intended for human
occupancy, although certain height regulations may be in other Borough
ordinances.
No structure or part of a structure shall be erected within
or shall project into any required yard setback except the following:
A.
Overhanging eaves, gutters, cornices or solar energy collector not
exceeding two feet in width;
B.
Arbors, trellises, garden sheds, flagpoles, unroofed steps, unroofed
patios, awnings, movable canopies, walls and fences;
C.
Unenclosed fire escapes that extend no more than six feet into any
required yard area; and
D.
Ramps and other access aids and appurtenances required to assure
ADA access and/or access by persons with mobility limitations.
In districts where permitted, these uses are restricted to those
not conducted primarily for gain, although a dining room may be operated
for the benefit of club members; providing that no sign advertising
the sale of food or beverages will be permitted. Buildings or structures
hereafter erected or converted for such uses are subject to all applicable
regulations for the zoning district in which it is located.
Tyrone Borough may require safeguards to assure compliance with
the certain environmental standards for nonresidential development.
When required, the applicant shall demonstrate that adequate provisions
will be made to reduce and minimize any objectionable elements related
to this section. Upon request of the Borough, the owner shall furnish
or obtain proof at his own expense that he is in compliance with the
following environmental standards:
A.
Air management.
(1)
The burning of tires, plastic, or any toxic substance is not permitted.
(2)
No gases, vapors or fumes shall be emitted which are harmful to persons,
property, animals, or vegetation.
(3)
No radioactive vapors or gases shall be emitted.
(4)
No objectionable odors other than agricultural in origin shall be
detectable beyond the property boundaries.
B.
Solid waste management. No storage of waste materials on a lot shall
be permitted in excess of 30 days. All waste materials awaiting transport
shall be kept in enclosed containers and be screened from view.
D.
Lighting and heat.
(1)
All lighting shall be shielded and not cause a glare beyond the lot
boundary.
(2)
Any operation producing heat shall prevent any effect from the heat
beyond the property lines.
(3)
No flashing or oscillating lights shall be permitted.
(4)
Lighting that by reason of intensity, color, location or movement
of its beam that may interfere with or abrogate public safety shall
not be permitted.
E.
Groundwater supplies. No use shall endanger groundwater levels and
quality nor adversely affect groundwater supplies of nearby properties.
Group homes are facilities intended to accommodate certain persons (Article III, Terminology) and are allowed as a permitted use in R-2 and a special exception in R-1 Districts, subject to the following requirements:
A.
The number of persons living in such a group home shall not exceed
two persons per bedroom and shall include at least one on-site support
staff member who shall not be included in the maximum number.
B.
All group home structures should have the appearance of single family
or other traditionally residential structures.
C.
All group homes shall meet the minimum yard, setback and lot width
requirements in the applicable zoning district.
D.
A group home must be sponsored and operated by a group, organization
or corporation licensed by either the county or the state. Proof of
licensing shall be submitted with applications for the group home
use. Proof of compliance with all applicable county or state regulations
shall be furnished to the Zoning Officer.
E.
No group home shall be located within a one-half-mile radius of any
other group home.
The minimum habitable floor area of any dwelling unit hereafter
established shall conform with the International Property Maintenance
Code, which provides for the following minimums for differing types
of floor space:
|
Minimum Area
(square feet)
| ||||
|---|---|---|---|---|
|
Space
|
1-2 occupants
|
3-5 occupants
|
6+ occupants
| |
|
Living room/area*
|
No requirements
|
120
|
150
| |
|
Dining room/area*
|
No requirements
|
80
|
100
| |
|
Bedrooms:
| ||||
|
First person
|
70
|
70
|
70
| |
|
Each additional person
|
50
|
50
|
50
| |
|
NOTE:
| |
|---|---|
|
*
|
Combined living/dining areas shall comply with the total of
each as per table.
|
Home occupations not meeting the definition of a no-impact home-based
business are special exception uses in the R-1 and R-2 Districts,
subject to the following requirements:
A.
The home occupation shall be carried on only by residents of the
dwelling and/or no more than one employee other than the residents
of dwelling. Additional nonresident employees may be approved as part
of the special exception.
B.
The character or external appearance of the dwelling unit or accessory
structure must be consistent with the zoning district. No display
of products may be shown so as to be visible from outside.
C.
A nameplate not larger than two square feet in area shall be permitted,
and cannot be animated or illuminated by direct light.
D.
Not more than 35% of the gross floor area of a dwelling unit may
be devoted to a home occupation.
E.
The use will not involve any waste product other than domestic sewerage
or municipal waste.
F.
The use is clearly an incidental and secondary use of a residential
dwelling unit.
G.
The use does not require mechanical equipment other than that customarily
used for domestic or hobby purposes.
H.
The use requires shipments or deliveries by the U.S. Postal Service
or commercial parcel services customarily associated with deliveries
and shipments in residential areas.
I.
The use will not be one that creates dust, heat, glare, smoke, vibration,
audible noise, or odors outside the building.
In the case of a lot of record held in single and separate ownership at the effective date for Chapter 205 of the Code of Tyrone Borough, the following apply:
A.
For lots not meeting the minimum area for the district, buildings
for permitted uses may be constructed and those for special exceptions
and conditional uses may be constructed after approval in accordance
with Section VI.
Within the I-M District, junkyards meeting the definition of
this chapter shall be permitted as a permitted use, subject to the
following requirements:
A.
The deposit or storage for more than 120 days of two or more motor
vehicles not having valid inspection stickers issued by the Pennsylvania
Department of Transportation, excluding farm vehicles, or of two or
more wrecked or broken vehicles, or the major parts of two or more
such vehicles, shall be deemed to make the lot a junkyard.
B.
No material shall be placed in any junkyard in such a manner that
is capable of being transferred out of the junkyard by wind, water,
or other natural causes.
C.
The boundaries of any junkyard shall at all times be clearly delineated
by a closed fence.
D.
All paper, rags, cloth and other fibers, and activities involving
the same, other than loading and unloading, shall be kept within fully
enclosed buildings.
E.
The land area used for junkyard purposes shall not be less than one
acre and shall not be exposed to public view from any public street
or road by virtue of its location on a hillside or location on a plateau
below street level.
F.
Screening of the junkyard from neighboring land uses shall, as a
minimum, require the following:
(1)
The junkyard shall be entirely enclosed by a closed fence at least
eight feet by no more than 10 feet high constructed of approved fencing
material with access only through solid gates. Such fence or wall
shall be kept in good repair. A brick wall, stockade fence or a chain
link fence with opaque insets that shields the view of the property
will meet this requirement.
(2)
The contents of such a junkyard shall not be placed or deposited
to a height greater than the height of the fence or wall herein prescribed.
(3)
The fence or wall shall be situated no closer to any street or property
line than 25 feet.
G.
All materials shall be stored in such a manner as to prevent the
breeding or harboring of rats, insects, or other vermin. When necessary,
this shall be accomplished by enclosure in containers, raising of
materials above the ground, separation of types of material, preventing
the collection of stagnant water, extermination procedures, or other
means.
H.
No burning shall be carried on in any junkyard. Fire shall be prevented
and hazards avoided by organization and segregation of stored materials,
with particular attention to the separation of combustibles from other
materials and enclosure of combustibles where necessary by the provision
of adequate aisles at least 15 feet for escape and firefighting, and
by other necessary measures.
Mobile home parks are permitted as a conditional use in the
R-2 District, subject to the following provisions:
A.
General standards.
(1)
A notice shall be placed on the land development plan stating that
it shall be the responsibility of the mobile home park owner to maintain
all park facilities, including private streets, sewage disposal facilities,
and areas designated as open space.
(2)
The minimum width of any mobile home lot shall be not less than 75
feet. The minimum length of any mobile home lot shall be not less
than 120 feet or equal to the overall length of any mobile home located
on the lot plus 30 feet, whichever length is greater. The maximum
number of mobile home lots per acre shall be four.
(3)
Construction and related standards associated with design, foundation
systems, skirting and perimeter enclosures, footings and foundations,
pier construction/height anchorage installation and ties/materials
installation governing the placement of units in a mobile home park
shall conform with the requirements of the International Residential
Code.
(4)
A minimum of two off-street parking spaces per each mobile home lot
within the development shall be provided within 200 feet of the lot
to be served.
B.
Setbacks, buffer strips, and screening requirements.
(1)
All mobile homes, auxiliary park buildings and other park structures
shall be located at least 40 feet from the mobile home park boundary
lines. The minimum buffer strip may be reduced to 25 feet if a suitable
perimeter screening of plantings of fencing is provided and approved
by the Zoning Hearing Board.
(2)
Mobile homes shall be located at least 50 feet from any auxiliary
park buildings and any repair, maintenance or storage areas of buildings.
C.
Design standards.
(1)
A mobile home park shall have a gross area of a least five contiguous
acres of land suitable for development.
(2)
The developer shall provide a minimum of 10% of the gross area of
the mobile home park for recreational/open space.
(3)
Access to mobile home lots within the development shall be provided via an internal street designed and constructed in accordance with the standards of Chapter 174, Subdivision of Land.
(a)
The state highway system includes all public streets and highways
maintained by the Pennsylvania Department of Transportation.
(b)
The municipal street system includes all public streets and
roads maintained by Tyrone Borough. Developers proposing public dedication
of streets within the mobile home park shall submit road design and
construction plans which meet the minimum specifications of the Borough
as part of the plan submission process. A deed, which dedicates the
land to be used as a public street to the municipality, shall be recorded
with the final plan.
(c)
Private streets include all streets or roads not dedicated,
accepted, and maintained for public use. Private streets may be permitted
where the following conditions can be met:
[1]
A survey of the center line of the private right-of-way shall
be shown on the plot plans along with a notation identifying the street
and right-of-way as being private.
[2]
The subdivider shall provide a right-of-way use and maintenance
agreement in each deed, lease, or conveyance prescribing a right-of-way
width and location and setting forth an arrangement between the subdivider
and buyer or lessee for maintenance of the private right-of-way.
[3]
Where an existing private right-of-way is proposed to provide
access to a new subdivision, the subdivider shall provide a right-of-way
use and maintenance agreement signed by all property owners using
all the right-of-way if such an agreement has not been previously
included in the existing deeds. This agreement shall be recorded with
the final plan and prescribe a right-of-way width and location in
accordance with the standards of this chapter and set forth arrangements
for maintenance of the private right-of-way.
(4)
Mobile home parks shall be provided with water supply facilities
designed and constructed in accordance with the standards of the Department
of Environmental Protection and the following regulations.
(a)
The developer shall construct a system of water mains and connect
with such public water supply system where a public water supply with
sufficient capacity is available at plat boundary or within 1,000
feet of any section of the mobile home park.
(b)
If a public water supply system is not available under the conditions
stated above, the developer shall provide individual or community
wells to serve the mobile home park that shall be approved by the
Department of Environmental Protection.
(c)
All public water systems shall be laid wherever possible in
the planting strip on the higher side of the street and constructed
in accordance with the standards of the authority, utility company,
Department of Environmental Protection or municipal department operating
such water mains.
(5)
Mobile home parks shall be provided with sanitary sewer facilities
designed and constructed in accordance with the standards of the Department
of Environmental Protection and the following regulations.
(a)
The developer shall construct a sanitary sewer system and connect
with such sewer main and provide lateral connections for each lot
where a public sanitary sewer main is available at plat boundary or
within 1,000 feet of any section of the mobile home park.
(b)
All sanitary sewers shall be constructed and installed according
to the standards of the authority or municipal department operating
such sewers. Stormwater shall not be permitted to enter sanitary sewers.
(c)
All phases of construction, including excavation, trench, pipe
size, grade, backfill and manholes shall be in accordance with approved
construction drawings, Department of Environmental Protection requirements,
and inspected by the Borough Engineer, his authorized representative,
authority or health officer during the entire construction period.
(6)
All phases of construction, including minimum size line, excavation,
trench, type pipe, backfill hydrants, tees and valves shall be in
accordance with approved construction drawings, Department of Environmental
Protection's standards and inspected by the Borough Engineer, his
authorized representative or the authority or agency representative
of the utility company during the entire construction period.
A.
On a corner lot, no structure shall be erected or enlarged, and no
vegetation shall be planted or maintained which may cause visual obstruction
to motorists on any public road.
B.
Clear sight triangles shall be provided at all street intersections.
Within such triangles, no object shall be permitted which obscures
vision above the height of 30 inches and below 10 feet, measured from
the center-line grade of intersecting streets. Such triangles shall
be established from a distance of 50 feet from the point of intersection
of the center lines of local and collector streets. For all intersections
with arterial, triangles shall be established in accordance with the
current edition of Geometric Design of Highways and Streets, by the
American Association of State Highways and Transportation Officials
(AASHTO) that takes factors such as vertical grade, speed limit, number
of travel lanes and other factors of the intersecting arterial into
account.
A.
To minimize traffic congestion and hazard, control road access and
encourage orderly development of street frontage, the following regulations
shall apply:
(1)
Every building erected or altered shall be on a lot adjacent to a
public road or have access to a public road via an approved private
road/driveway.
(2)
Each use with less than 100 feet of road frontage shall not have
more than one ingress and egress lane to such road. No use with 100
feet or more of road frontage shall have more than two accessways
to any one road for each 300 feet of road frontage. A common access
point for two or more uses is encouraged, where practical, to minimize
vehicular access points along roads classified other than local roads.
(3)
All driveways to any public road shall be located a minimum of 40
feet from any intersection of road center lines.
(4)
Provision shall be made for safe and efficient ingress and egress
to and from public roads, without undue congestion or interference
with normal traffic flow. The developer shall be responsible for the
design and construction, and the costs thereof, of any necessary traffic
control device and/or highway modifications required by the county,
Borough or the Pennsylvania Department of Transportation.
(5)
The maximum width of driveway entrances and exits onto a public road,
measured at the road line and within the road right-of-way, shall
be 14 feet for one-way driveways and 28 feet for two-way driveways.
The radius of the edge of the driveway apron shall not exceed 25 feet.
B.
The following internal circulation regulations shall apply to multiple-family
residential, commercial and industrial uses, unless otherwise specified:
(1)
Design of access aisles and drives:
(a)
Internal drives and service areas shall be designed to prevent
blockage of vehicles entering or leaving the site. Drives may be one-way
or two-way. Egress to the road shall be in a forward direction.
(b)
Accessways, parking areas and loading areas shall have clearly
defined parking bays and circulation designated by markings, curbs,
and/or landscaped islands, so that patrons shall not impede traffic
as a result of any confusion as to location of entrances and exits.
(c)
All interior drives and accessways shall be paved with an approved
all-weather cohesive and dust-free surface, and shall be graded, properly
drained and maintained in a good condition. Interior drives shall
have a maximum grade of 8%.
(d)
Minimum interior drive cartway widths (with no abutting parking):
|
Two Lane
|
One Lane
| ||
|---|---|---|---|
|
Use
|
Two-Way Drives
(feet)
|
One-Way Drive
(feet)
| |
|
Multifamily residential
|
20
|
12
| |
|
Commercial/office
|
22
|
12
| |
|
Industrial
|
26
|
15
|
(e)
Common or shared access driveways to parking and loading areas
are permitted and encouraged, provided landowners submit an agreement
of maintenance responsibility.
(2)
Landscaping requirements. At least 5% of the land area of a required
parking lot shall be landscaped, comprising perimeter and/or interior
areas.
(a)
Perimeter landscaping shall include a landscaped strip at least five feet wide along the boundary of the parking lot, with one shade tree per 40 lineal feet and one shrub per three lineal feet of frontage, or compliance with § 205-34 if applicable.
(b)
Interior landscaping shall include islands and/or peninsulas
within the parking area, each having a minimum of 18 square feet,
with shade trees and shrubs prepared at the discretion of the developer.
(3)
Fire lane easements. Any use or building located more than 600 feet
from a road shall provide a dedicated fire lane easement consisting
of an unobstructed right-of-way width of 30 feet.
C.
Loading and unloading requirements in connection with any use, building
or structure which requires the receipt or distribution of materials
by trucks or similar vehicles, there shall be provided a sufficient
number of off-street loading and unloading berths in accordance with
the following requirements:
(1)
Location. Loading and unloading areas shall not be located between the front building setback line and street line, and loading facilities shall be screened in accordance with § 205-34.
(2)
Space allowed. Space allowed to any off-street loading berth shall
not, while so allocated, be used to satisfy the space requirements
of any off-street parking facilities or portions thereof.
(3)
Loading and unloading space shall be at least 10 feet wide, 25 feet
in length with 14 feet of vertical clearance, and shall have an adequate
maneuvering area.
(4)
Surface. Loading and unloading areas shall have an all-weather cohesive
and dust-free surface.
(5)
Minimum requirements. Each new use shall provide the following:
|
Use
|
Gross Floor Area
(square feet)
|
Minimum No. Spaces
| |
|---|---|---|---|
|
Commercial and industrial
|
Under 8,000
|
1
| |
|
8,000 to 40,000
|
2
| ||
|
40,001 to 250,000
|
3
| ||
|
Each additional 200,000
|
1
| ||
|
Offices and multifamily housing
|
Under 100,000
|
1
| |
|
100,000 to 300,000
|
2
| ||
|
Over 300,000
|
3
|
D.
Off-street parking requirements are subject to the following:
(1)
Off-street parking facilities shall be provided whenever a building
is constructed or a new use is established in an existing building,
or an existing building or its use is changed.
(2)
Off-street parking facilities existing at the effective date of this
chapter shall not be reduced to an amount less than that required
under this chapter for a similar new building or use.
(4)
Location.
(a)
All parking spaces shall be on the same lot as the principal
building except herein described. Parking spaces may be located within
a structure or in the open.
(b)
The parking spaces may be located elsewhere than on the same
lot when authorized by the Zoning Hearing Board, subject to some portion
of the off-street parking area being within 300 feet of an entrance
regularly used by patrons.
(c)
For all residential dwellings, the parking spaces shall be within
100 feet of the dwelling unit they serve.
(d)
Parking areas requiring direct access to a municipal street
shall require a curb cut approved by the Borough, while those having
direct access to a state highway shall be subject to PennDOT highway
occupancy requirements.
(5)
Size and design of parking lot.
(a)
In the layout of parking lots, minimum parking stall dimensions
shall be 20 feet in length and nine feet in width.
(c)
Parking lots for commercial and residential uses shall be illuminated
at night.
(d)
Parking lots shall have an all-weather cohesive and dust-free
surface.
(e)
Parking lots shall have a minimum slope of 1% and a maximum
slope of 5%. Stormwater runoff shall not be directed across pedestrian
walkways or other lots.
E.
Handicapped parking. This subsection shall apply to projects where
parking is provided including commercial, industrial, office, institutional,
multifamily residential and educational uses.
(1)
The number and location of handicapped accessible parking spaces
shall conform to the requirements of the International Building Code.
Specific numbers of spaces from this Code are as follows:
|
Total Parking Spaces Required for Use
|
Required Minimum Accessible Spaces
| |
|---|---|---|
|
1 to 25
|
1
| |
|
26 to 50
|
2
| |
|
51 to 75
|
3
| |
|
76 to 100
|
4
| |
|
101 to 150
|
5
| |
|
151 to 200
|
6
| |
|
201 to 300
|
7
| |
|
301 to 400
|
8
| |
|
401 to 500
|
9
| |
|
501 to 1,000
|
2% of total
| |
|
More than 1,000
|
20 plus 1/each 100 over 1,000
|
(2)
Dimensions and design standards for handicapped-accessible spaces/access aisles shall conform with the requirements of the International Code Council (ICC) and American National Standards Institute (ANSI), as per ICC/ANSI A117.1-1998 (Chapter 5), as periodically amended and updated. The minimum width of car/van parking spaces shall be 96 inches and shall have an adjacent access aisle with dimensions as outlined in the referenced ICC/ANSI publication.
F.
Specific parking requirements for various uses in each district shall
be as follows:
|
Use
|
Parking Space Requirement
| |
|---|---|---|
|
Banks and financial
|
1 space per 300 square feet of gross floor area plus 3 space
reservoir area at each drive-in window and/or ATM
| |
|
Barber and beauty shops
|
2 spaces per shop plus 1 1/2 spaces per chair
| |
|
Day-care facilities
|
1 space per employee
| |
|
Doctor/dental office
|
4 spaces per doctor/dentist, plus 1 space per employee
| |
|
Eating and drinking establishments
|
1 parking space for every 2 1/2 seats for patron use and
1 space for each employee per shift
| |
|
Eating establishment, drive-in
|
1 space for every 50 square feet of gross floor area and 1 space
for each employee per shift, plus 3 space stacking area at each drive-in
window
| |
|
Educational facilities
|
3 space per classroom plus 1 space per employee (in addition
to spaces for auditoriums above)
| |
|
Furniture store
|
1 space per 1,000 square feet of gross floor area
| |
|
Golf courses/ranges
|
1 space per 4 holes/stalls and 1 space per employee
| |
|
Home occupations
|
2 spaces in addition to the residential parking requirement
| |
|
Hospital/clinic
|
3 spaces per bed
| |
|
Houses of worship/auditorium/assembly halls/theaters
|
1 space for every 4 seats
| |
|
Indoor recreation/health clubs
|
1 space for every 100 square feet of gross floor area
| |
|
Industrial uses
|
1.5 spaces for every 2 employees on the largest shift plus 5
for visitors
| |
|
Motels, hotels, bed-and-breakfasts and guest homes
|
1 space for each unit and 1 space for each employee on the largest
shift
| |
|
Nursing/personal care home
|
1 space for every three beds plus 1 space per employee on the
largest shift
| |
|
Office buildings and professional offices (not medical/dental)
|
1 space for each 300 square feet of floor area
| |
|
Parks and outdoor recreation
|
1 space for every 4 persons of design capacity
| |
|
Residential
|
Single/two-family: 2 spaces per dwelling unit
Multifamily/conversion apartments: 1.5 per dwelling unit
| |
|
Retail/commercial (not otherwise classified)
|
1 space per 300 square feet of gross floor area used for sales
purposes
| |
|
Self-service storage
|
1 space per 2,000 square feet of gross floor area
| |
|
Service stations and vehicle repair
|
2 spaces per repair bay and 1 space per employee
| |
|
Shopping centers/malls
|
1 space for each 350 square feet of floor space used for sales
purpose
| |
|
Social halls, private clubs and fraternal organizations
|
1 space per 200 square feet of gross square feet
| |
|
Supermarkets and food stores
|
1 space for every 200 square feet of gross floor area used for
sales purposes
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It is the intent of the screening provisions to provide visual
and auditory separation between potentially incongruous land uses.
It is a further intent of the following provisions to provide flexibility
to the developer or property owner to create effective concealment
through performance design requirements below.
A.
Screening.
(1)
Screening requirements shall be applicable under the following circumstances:
(a)
A proposed nonresidential use abuts an existing residential
use or residential district.
(b)
A proposed multifamily residential building abuts an existing
single-family residential use or district;
(d)
Any other instance where screening is required by this chapter,
or deemed necessary by the Borough Council or the Zoning Hearing Board
in relation to conditional uses or special exceptions.
(2)
Screening is not required if the features to be screened are set
back 300 feet or more from the lot line along which screening would
otherwise be required.
B.
In addition to the Zoning District boundary areas described above,
the following land development features shall be screened on the lot
for which development is proposed:
C.
Site and district requirements.
(1)
For screening of features, screening may be located anywhere on the
lot provided it effectively shields the features to be screened.
(2)
For a zoning district buffer, screening shall be located at the lot
perimeter representing the zoning district boundary.
(3)
Screening may be interrupted for necessary driveways to the street,
provided a gap in the screening does not exceed 30 feet.
D.
Effective screening may be accomplished through the use of one or
more of the following methods:
(1)
Placement of features to be screened behind an existing or proposed
landform or berm.
(2)
Use of existing or proposed 90% opaque architectural barriers such
as walls, fences and buildings.
(3)
Use of existing woody vegetation masses such as hedges, woodlands
and hedgerows, provided they are preserved intact during construction
on the site.
(4)
Proposed woody vegetation plantings such as trees and shrubs.
E.
Buffer/screen width.
(1)
Buffer/screen width located between divergent land uses shall be
in response to the degree of land use conflict. The width shall be
as follows:
(a)
A minimum buffer of 10 feet width of existing or newly planted
trees is required where any proposed commercial and/or industrial
uses abut the existing residential dwellings/district, or when a multifamily
residential use abuts an R-1 use/district.
(b)
A planted buffer of 15 feet width is required between any other
incongruous land uses so deemed by the Borough Council or Zoning Hearing
Board, as applicable for the specific conditional or special exception
use.
(2)
To meet the above screening requirements in part or in whole, existing
wood lots and hedgerows should be utilized, if they exist.
F.
The following design standards shall guide the design of the buffer:
(1)
For areas requiring a screen width of 10 feet or more, a tree plantation
or a combination of trees and shrubs is required.
(2)
Where trees are proposed for screening, at least one tree that normally
achieves a height greater than 30 feet shall be planted for every
20 linear feet of distance required to be screened. Any resulting
fraction of this division shall be rounded up to the next whole number.
Location of the required trees is flexible.
(3)
Where proposed shrubs are used, the maximum distance between plant
centers shall be eight feet.
(4)
At a minimum, screening shall be of sufficient height and density
to constitute a continuous opaque screen in summer months to a height
of six feet within a period of three years of planting.
(5)
Proposed trees and shrubs shall be healthy, typical of their species,
have normal growth habits with well-developed branches and vigorous
root systems.
G.
The following performance standards affect the design and requirement
of screening:
(1)
The developer is encouraged to consider placing improvements on the
land in a manner that would lessen the extent and cost of required
screening. Examples of sensitive design include the following:
(2)
To assure compliance with screening requirements, the applicant shall
provide a screening plan to enable the Borough to access whether proposed
screening will create an effective buffer at necessary points. The
screening plan shall be drawn to scale and proposed plants shall be
indicated, including type, quantity, size at planting time, and spacing,
and may include any one of the following:
H.
The following maintenance requirements apply to all screening/buffering:
(1)
Any tree or shrub planted for screening purposes that dies shall
be replaced.
(2)
Any fence, wall or other architectural method utilized for screening
shall be maintained in a structurally sound condition.
(3)
Any landform or existing vegetation mass approved for screening shall
not be altered or otherwise developed, except for usual maintenance.
(4)
The owner shall be responsible for continual maintenance of the screening.
A note on the application or site plans shall indicate this, and be
signed by the applicant.
Sexually oriented businesses may be permitted by special exception in the H-C Highway Commercial District, subject to the procedural requirements of Article VI of this chapter and the requirements of Chapter 58, Adult Entertainment. Applications for special exceptions for a sexually oriented business shall specifically address the following land use standards and criteria for review by the Zoning Hearing Board:
A.
The building or structure of such use shall be located not less than
1,000 feet from any existing residential use or district; public or
private pre-elementary, elementary or high school; church or house
of worship; day-care center or nursery school; recreation facility;
businesses primarily serving or catering to persons under 18 years
of age; and public library or any other religious, institutional,
or educational use.
B.
No such use shall be located within 1,000 feet of a similar adult
entertainment use.
C.
No materials sold within shall be visible from any window, door,
or exterior of the building.
D.
No person under the age of 18 years of age shall be permitted within
an adult commercial store or sold any adult entertainment material.
E.
Signage shall be limited to one attached sign no larger than 12 square
feet. Signage may be lighted by a covered and recessed fixture located
at the top or base of the sign.
A.
General requirements. The following regulations shall apply to all
zoning districts:
(1)
Permits to construct, install and maintain signs shall be obtained
from the Zoning Officer, and shall be in accordance with the requirements
of the respective zoning district.
(2)
Signs may be erected and maintained only when in compliance with
the provisions of this chapter and all other ordinances and regulations
relating to the erection, alteration, or maintenance of signs.
(3)
Signs shall not contain moving mechanical parts or use flashing or
intermittent illumination. The source of light shall be steady and
stationary.
(4)
No sign shall be placed in a position, or have illumination that
it will cause any danger or distraction to pedestrians or vehicular
traffic.
(5)
Floodlighting of any sign shall be arranged so that the source of
light is not visible nor glare is detected from any property line
or vehicular access, and that only the sign is illuminated.
(6)
No sign other than official traffic signs shall be mounted within
the right-of-way lines of any street.
(7)
Every sign must be constructed of durable material and be kept in
good condition. Any sign that is allowed to become dilapidated shall
be removed by the owner, or upon failure of the owner to do so, by
the Borough at the expense of the owner or lessee.
(8)
No sign shall be erected or located as to prevent free ingress to
or egress from any window, door, fire escape, sidewalk or driveway.
(9)
No sign shall be erected which emits smoke, visible vapors or particles,
sound or odor.
(10)
No sign shall be erected which uses an artificial light source
or reflecting device which may be mistaken for a traffic signal.
(11)
No sign shall be erected containing information that implies
that a property may be used for any purpose not permitted under the
provisions of this chapter.
(12)
The distance from ground level to the highest part of any freestanding
sign shall not exceed eight feet in residential districts.
(13)
Signs shall not project above the maximum building height permitted
in any district in which they are located.
(14)
Signs necessary for the identification, operation, and protection
of public utilities, may be erected within the street right-of-way
when authorized by the Zoning Officer for a special purpose and for
a specified time.
(15)
All signs erected within the right-of-way of a state highway
shall be in accordance with the regulations of Pennsylvania Department
of Transportation.
B.
Signs in the R-1 and R-2 Districts are subject to the following requirements:
(1)
Official traffic signs.
(2)
Identification signs, bulletin or announcement boards for schools,
churches, hospitals, or similar institutions, for similar permitted
uses, approved special exception uses and approved conditional uses,
with the exception of home occupations:
(3)
Home occupations may have an identification sign indicating the name,
profession, or activity of the occupant of a dwelling, provided:
(a)
The area of any one side of any such sign shall not exceed two
square feet.
(b)
One such sign shall be permitted for each permitted use or dwelling.
(c)
A sign indicating the permitted home occupation use shall be
erected on the property where that use exists.
(d)
The sign shall not be illuminated or animated.
(4)
Real estate signs, including signs advertising the rental or sale
of premises, provided that:
(a)
The area on any one side of any such sign shall not exceed six
square feet.
(b)
A sign shall be located on the property to which it refers.
(c)
Such signs shall be removed within seven days upon the closing
of the premises.
(d)
Not more than one such sign shall be placed on any one street
frontage.
(7)
Signs necessary for the identification and protection of public utility
corporation facilities, provided that the area of one side of such
sign shall not exceed four square feet.
(8)
Signs within a residential subdivision to direct persons to a rental
office or sample unit within that subdivision provided that the area
on one side of any such sign shall not exceed two square feet.
(9)
Trespassing signs and signs indicating the private nature of the
premises. The area of any one side of such signs shall not exceed
two square feet and the signs shall be placed at intervals of not
less than 100 feet along any street frontage.
(10)
Sign denoting the name of a subdivision or development, provided
that:
C.
Signs in the T-C, H-C and I-M Districts are subject to the following:
(2)
Commercial/industrial business signs, provided that:
(a)
The total area on one side of all business signs placed on or
facing any one street frontage of any one premises shall not exceed
one square foot for every on lineal foot in lot frontage up to a maximum
as follows:
(b)
In the case of a building or tract of land housing more than one use, one permanent directory or identifying sign for the building or tract may be erected. The sign area on one side shall not exceed that identified in the table of Maximum Square Footage Allowed in Subsection D. In addition, for each use located within that building, or on the same lot, one wall-mounted sign shall be permitted. The area of such sign shall not exceed that identified in the table of Maximum Square Footage Allowed in Subsection D.
(c)
No more than two separate signs shall face any one street frontage
for any one use.
(4)
Billboards may be allowed as a special exception in the I-M District,
provided that:
(a)
Billboards shall be located no closer than within 1,000 feet
of another billboard.
(b)
Billboards shall be a minimum of 50 feet from all side and rear
property lines.
(c)
All billboards shall be set back at least 50 feet from any road
right-of-way lines.
(d)
All billboards shall be set back at least 100 feet from any
existing residential dwelling.
(e)
Billboards shall not obstruct the view of motorists on adjoining
roads, or the view of adjoining commercial or industrial uses, which
depend upon visibility for identification.
(f)
Billboards shall not exceed an overall size of 300 square feet,
nor exceed 25 feet in height.
(5)
Marquee/awning signs are allowed in the T-C and H-C Districts, subject
to the following.
(a)
Such sign may be painted on or attached flat against the surface
of the marquee, but may not extend or project beyond the marquee or
be attached to the underside thereof.
(b)
Letters or symbols on such sign shall not exceed 16 inches in
height.
(c)
The bottom of such sign shall have a minimum clearance of 10
feet above the sidewalk.
(6)
Projecting signs are allowed in the T-C and H-C Districts, subject
to the following.
(a)
No sign(s) shall project beyond four feet from the building
or structure to which it is attached.
(b)
All projecting signs shall allow a minimum nine-foot clearance
from finish grade.
(c)
All signs overhanging any public right-of-way (including sidewalks)
shall be covered by a liability insurance policy with a company authorized
to conduct business in the Commonwealth of Pennsylvania.
(7)
Shopping, office or commercial center signs. Occupants of a shopping
office or commercial center, mall or complex are permitted one on-premises
identification sign in addition to the common sign identifying the
occupants of such a center or complex. Said common sign identifying
the occupants of such a center or complex is the shopping, office,
or commercial center sign.
(8)
Wall signs. No wall sign shall project more than 10 inches from the
building surface, nor extend beyond the ends of the wall to which
it is attached.
(9)
Window signs. The total area of any window sign shall not exceed
30% of the total glass area of that window and such sign shall advertise
only on-premises use, activity, goods, services or products.
D.
The following table delineates the maximum of each sign type allowed
in the T-C, T-C and I-M Districts:
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Maximum Square Footage Allowed
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|---|---|---|---|---|---|
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Type of Sign
|
T-C District
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H-C District
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I-M District
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Freestanding
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32
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50
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200
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Marquee/awning
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1 square feet per lineal foot frontage
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2 square feet per lineal foot frontage
|
Not permitted
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|
Billboard
|
Not permitted
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Not permitted
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300
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Projecting
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12
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18
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18
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|
Shopping center
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|
Directory
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20
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40
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40
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|
Individual/wall
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10
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20
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40
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|
Wall
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1 square feet per lineal foot frontage
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2 square feet per lineal foot frontage
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4 square feet per lineal foot frontage
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|
Window
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25% of glass area
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25% of glass area
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25% of glass area
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Total maximum of all types
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50
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100
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Unlimited
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E.
Existing signs at the time of the passage of this chapter are subject
to the following:
(1)
Existing signs may be continued provided that all such signs shall conform to the general requirements as set forth in Subsection A of this section.
(2)
Any sign existing at the time of the passage of this chapter that
does not conform with the regulations of the district in which such
sign is located shall be considered a nonconforming use and may continue
in such use in its present location until replacement or rebuilding
becomes necessary and/or ordered by the Borough, at which time a sign
permit will be required and the sign brought into conformity with
this chapter.
Private swimming pools are permitted as accessory uses subject
to the following land use requirements, in addition to swimming pool
regulations of the Borough of Tyrone:
A.
The pool shall be intended and shall be used solely for the enjoyment
of the occupants and their guests of the principal use of the property.
B.
The pool shall be located in either the rear or side yard of the
property.
C.
All pools shall have a fence barrier of at least four feet for aboveground
and five feet for in-ground pools and be maintained in structurally
sound condition.
Automobile repair garage, including paint spraying and body
and fender work, shall be permitted in the H-C District and by conditional
use in the T-C District, subject to the following requirements:
A.
All automobile parts, tires, equipment, refuse, and similar articles
shall be stored within a building or an area enclosed by a solid wall
or fence of six feet in height. Stored vehicles, parts, equipment,
etc. in an area enclosed by a solid wall or fence, parts, etc. shall
not extend above the height of the wall or fence.
B.
All repair and paintwork shall be performed within an enclosed building.
C.
Storage of junked vehicles shall conform with the requirements of Chapter 188, Vehicles, Abandoned and Junked.
D.
Fuel pumps, lubricating devices and other dispensing devices shall
be located no closer than 25 feet from any public right-of-way.
Walls and fences are exempt from setback requirements. All solid
walls and fences shall not exceed six feet in height, with the exception
of the following:
