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 Ordinance, 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.
Fire prevention and fighting equipment which conforms to the requirements of the NFPA and ICC (International Code Council) Fire Prevention Code shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
No operation or activity shall cause or create noise in excess of the sound levels prescribed below. The noise shall be measured on an "A-weighted" scale of a sound pressure level meter which conforms to the standards prescribed by the American National Standards Institute (ANSI), New York, New York in Specifications for Sound Level Meters, S1.4-1971 or latest revised edition.
At no point beyond the boundary of any lot within these Zoning Districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of sixty (60) dBA for more than four (4) hours between 7:00 A.M. and dusk nor shall the exterior noise level exceed sixty (60) dBA for any length of time between dusk and 7:00 A.M.
Commercial and Industrial Districts:
At no point on or beyond the boundary of any lot within these Zoning Districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of sixty-five (65) dBA for more than four (4) hours during any twenty-four (24) hour period.
Where two (2) or more Zoning Districts in which different noise levels are prescribed share a common boundary, the most restrictive noise level standards shall govern.
Any violation of the above Subparagraphs (a), (b) or (c) shall be a violation of this Ordinance and shall be subject to the enforcement remedies and penalty provisions of this Ordinance; however, other intermittent noises, except those exempted by Subparagraph (e) below, may be determined to be a nuisance by the Zoning Officer and shall be subject to penalties and enforcement remedies for a public nuisance.
The following uses or activities shall be exempted from the noise regulations:
Noises emanating from construction or maintenance activities between 7:00 A.M. and 7:00 P.M.
Noises caused by safety signals, warning devices and other emergency-related activities or uses;
Noises emanating from public or private recreational uses between 7:00 A.M. and dusk.
Noises emanating from the delivery of public services such as street maintenance or snow removal.
In addition to the above regulations, all uses and activities within the Borough shall conform to all applicable County, State and Federal regulations. Whenever the regulations contained herein are at variance with any other lawfully adopted rules or requirements, the more restrictive shall govern.
Vibrations detectable without instruments on neighboring property in any Zoning District shall be prohibited, except for temporary vibrations associated with construction or maintenance activities between 7:00 A.M. and 7:00 P.M.
No malodorous gas or matter shall be permitted which is discernable 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.
Smoke, Ash, Dust, Fumes, Vapors and Gases:
There shall be no emission at any point for longer than five (5) 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.
Lighting and Glare:
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 one-half (1/2) foot candle on any adjacent property.
In all Zoning Districts, all lighting devices located within one hundred (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 (90°). 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. (See Illustration in Appendix B.)
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.
Water pollution shall be subject to the standards established by the Pennsylvania Department of Environmental Protection (PA DEP).
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.
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.
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 § 1703.2 of this Ordinance and a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this Ordinance and shall result in the revocation of the occupancy permit for the facility or use.
Buffer Areas Required:
Buffer Areas shall not be required along property lines which adjoin a public street right-of-way.
Buffer Area A shall be required for development in the C-1 or I-1 Zoning Districts along all property lines adjacent to an R-1, R-2 or S Zoning District when construction of any new building or structure is proposed.
Buffer Areas A, B or C shall also be required for any conditional use or use by special exception when the express standards and criteria for the specific use specify a requirement to provide one of these Buffer Areas.
Buffer Areas Defined:
Buffer Areas required by § 1402.1 above are defined as follows and are illustrated in Appendix IV:
Buffer Area A shall be a minimum of twenty-five (25) feet in depth measured from the property line and shall be comprised of two (2) rows of plantings which are a mixture of thirty percent (30%) deciduous and seventy percent (70%) evergreen trees spaced within the rows ten (10) feet apart, measured from the vertical centerlines of adjacent trees. In addition to the above noted required trees, a continuous row of low level evergreen shrubs or hedges shall be planted, or earthen mounding shall be constructed in the Buffer Area which shall be a minimum of three (3) feet in height to provide a year-'round visual screen capable of acting as a barrier to light beams emanating from the headlights of passenger cars.
Buffer Area B shall be a minimum of fifteen (15) feet in depth measured from the property line and shall be comprised of one (1) row of plantings which are a mixture of thirty percent (30%) deciduous and seventy percent (70%) evergreen trees spaced within the row ten (10) feet apart, measured from the vertical centerlines of adjacent trees. In addition to the above noted required trees, a continuous row of low level evergreen shrubs or hedges shall be planted, or earthen mounding shall be constructed in the Buffer Area which shall be a minimum of three (3) feet in height to provide a year-'round visual screen capable of acting as a barrier to light beams emanating from the headlights of passenger cars.
Buffer Area C shall be comprised of a continuous, compact evergreen hedge or line of evergreen trees that will grow together when mature which are a minimum of six (6) feet in height at the time of planting. On lots which cannot reasonably provide the required Buffer Area, a six (6) foot high screening fence as defined by this Ordinance, may be approved by Borough Council, upon recommendation of the Planning Commission, during the review of the Land Development Plan.
Conflict Between Buffer Area and Yard Requirements:
Existing Structures in Buffer Areas:
In instances where an existing structure houses the principal use of the property, and is located within any required Buffer Area, a Buffer Area of not less than the minimum distance from the existing structure to the property line shall be required. This reduced Buffer Area width shall apply only to the yard area which the existing structure encroaches upon. If the existing structure is located within the required Buffer Area on one (1) side of the building, the required Buffer Area as determined by § 1402.1 shall apply on all other yard areas. All planting requirements shall be adhered to regardless of the Buffer Area width.
Existing Trees in Buffer Areas:
Where trees already exist within the required Buffer Area, these trees shall remain undisturbed, except that diseased or dead material may be removed. If it is determined that some healthy trees must be removed in conjunction with development, a written request to remove such trees shall be submitted to the Borough, along with an explanation detailing the rationale for the request. These trees shall not be removed until the Borough has given written authorization permitting their removal. This permission shall not be unreasonably denied; however, those who violate this Section shall be subject to the maximum penalties authorized by this Ordinance.
When any trees, regardless of their physical condition, are removed, they shall be replaced by trees suitable to the environment. All such replacement planting shall be in accordance with accepted conservation practices.
Size of Trees in Required Buffer Areas:
Any existing trees within the required Buffer Area which are a minimum of two (2) inches in diameter at a point one (1) foot above the ground shall be preserved and shall count as a required tree within the Buffer Area. At no point, however, shall any existing trees and required trees be separated at a distance greater than the distance specified in the required Buffer Area.
All trees required to be planted within the Buffer Area shall be a minimum of two (2) inches in diameter at a point one (1) foot above the ground measured along the trunk of the planted tree, which tree shall be planted in accordance with accepted conservation practices. All required trees shall be a minimum of six (6) feet in height at time of planting measured from the ground adjacent to the planted tree to the top of the tree.
Responsibility for Maintenance:
It shall be the responsibility of the owner/applicant to assure the continued growth of all required landscaping and/or to replace the same in the event of frost, vandalism, disease or other reasons for the discontinued growth of the required trees, shrubs and bushes.
Stormwater Management Facilities in Buffer Areas:
When required by the Borough, stormwater management facilities and structures may be located within a Buffer Area; however, the existence of such facilities or structures shall not be a basis for a failure to meet the planting requirements in the Buffer Area.
Landscaping of Open Areas:
All yard areas not utilized for parking facilities, driveways, gardens, the planting of trees or shrubs, flower, vegetable or herb beds or similar uses must be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be interpreted to be within thirty (30) days after construction activities are completed, unless those activities are completed between a November 1 through April 1 time period. In such case, the required sodding or seeding must occur by May 1st.
Landscaping shall be provided in accordance with the following specifications:
Planting required in Buffer Areas as outlined in § 1402.2 shall not be substituted for any required planting mandated in this Subsection.
A landscaping plan, with detailed drawings, prepared by a registered landscape architect, shall be submitted with the Final Application for land development plan approval and this landscaping plan shall contain and show the following information:
All required Buffer Areas with proposed plantings (identifying each proposed tree, bush or shrub by type and size) drawn to scale and identifying the height and width of any proposed mounds.
All required planting independent of any Buffer Area requirements (identifying each tree, bush, shrub by type and size, the use of sod or seeding, etc.) drawn to scale.
Any planting in excess of the requirements in § 1402.1 and § 1402.2 of this Ordinance.
Any existing trees or vegetation which are to be preserved, accurately identifying type, size and their relative location.
Any existing trees or vegetation which will be removed, accurately identifying their type, size and relative location.
For nonresidential developments on lots which have a total area of one (1) acre or more, at least one (1) deciduous tree shall be planted for each two thousand (2,000) square feet of gross floor area of the building.
For multifamily developments, at least one (1) deciduous tree shall be planted for each ten (10) dwelling units or portion thereof.
All trees which are required to be planted as per the regulations of this Section shall be a minimum of two (2) inches in diameter at a point one (1) foot above the ground at the time of planting measured along the trunk of the planted tree which tree shall be planted in accordance with accepted conservation practices.
Landscaping of open parking areas shall be provided in accordance with § 1101.12.
All areas not utilized for structures, driveways, planting strips or parking facilities must be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be given the same interpretation given that phrase as it is used in § 1402.9 of this Ordinance.
Posting of Bond for Landscaping.
A maintenance bond in the form of cash, certified check or letter of credit shall be posted with the Borough in the amount of fifteen percent (15%) of the total cost of landscaping shown on the approved landscaping plan or $15,000, whichever is less, for a period of two (2) years from the date of installation of the landscaping materials. The maintenance bond shall guarantee replacement of the required landscaping materials during the term of the bond.
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:
Corner lots shall provide front yards on each street frontage. The remaining two (2) yards shall constitute side yards.
Accessory Uses and Structures:
In all Zoning Districts the following regulations shall apply to accessory structures:
Private Swimming Pools Accessory to a Dwelling:
Swimming pools accessory to a dwelling and all structures appurtenant thereto, shall be located at least ten (10) feet from any property line. Swimming pools shall not be permitted in the front yard. In the case of a corner lot, a swimming pool shall not be permitted in either front yard. Swimming pools shall not occupy more than thirty percent (30%) of the rear yard area, as defined by this Ordinance.
All in-ground swimming pools and the equipment necessary for maintaining the pool shall be completely enclosed by a fence which is four (4) feet in height and which has a self-closing, self-latching gate. The dwelling may constitute a part of the required enclosure.
Above-ground swimming pools, the top of which is at least four (4) feet above the adjacent ground level on the entire perimeter and which have removable or retractable steps, shall not be required to be fenced, if the steps are removed or retracted when the pool is not in use. All other above-ground pools shall be fenced in accordance with the requirements for in-ground swimming pools.
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 twenty (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 ten (10) feet in height and a maximum of twelve (12) feet in height and which shall contain openings equal to fifty percent (50%) or more of the surface area of the fence. Tennis courts shall not occupy more than thirty percent (30%) of the rear yard area as defined by this Ordinance.
In all Zoning Districts, the finished side of the fence shall face the street or adjacent property.
In "S" Conservancy and "R" Residential Districts, fences no greater than six (6) feet in height shall be permitted in the required side or rear yard.
In "S" Conservancy and "R" Residential Districts, fences shall be permitted in the front yard, provided they meet the following requirements:
A fifty percent (50%) open faced continuous lattice fence structure shall be permitted in the front yard, provided it shall not exceed forty-eight (48) inches in height and shall not obstruct sight distance on the public street right-of-way.
A front yard fence shall not be constructed or maintained in any public street right-of-way.
In "C" Commercial or "I" Industrial Zoning Districts, the maximum height of a fence shall be ten (10) feet. Fences shall be located in side or rear yards only.
In any Zoning District, fences accessory to schools, parks and playgrounds shall be no more than ten (10) feet in height and shall contain openings equal to at least sevety-five percent (75%) of the surface area of the fence.
Satellite Dish Antennas:
Satellite dish antennas with a diameter of one (1) meter or less shall be exempt from the following regulations.
Satellite dish antennas in excess of one (1) meter in diameter shall not be permitted on a residential lot. In all "S" Conservancy and "R" Residential Zoning Districts, such satellite dish antennas shall not be permitted in any front or side yard. On any lot containing a single family dwelling or two family dwelling, the maximum diameter of any freestanding satellite dish antenna installed on any lot shall be twelve (12) feet and the maximum height of any such antenna shall be thirteen (13) feet. No part of any freestanding satellite dish antenna shall be located closer than five (5) feet to any property line.
Satellite dish antennas in excess of one (1) meter in diameter may be located on the roof of any single family or two-family dwelling. Any satellite dish antenna located on the roof of any building located in any "C" Commercial or "I" Industrial District, provided the maximum diameter shall not exceed twelve (12) feet and the maximum height shall not exceed fifteen (15) feet above the roof line when positioned vertically. The height above the roof line shall be measured from the highest point of the roof for flat roofs, the deck line for mansard roofs and the mean height between eaves and ridge for gable, hip or gambrel roofs.
Air Conditioning Condensers, Heat Exchangers and Heat Pumps:
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 ten (10) feet and shall be located at least three (3) feet from any side property line and the installation shall be adequately screened from view from the street and adjacent residential properties.
In the "C" Commercial and "I" Industrial Zoning Districts, roof-top air conditioners and other mechanicals shall be screened from view from the street and adjacent residential properties.
Private Garages and Carports:
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 (3) 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 thirty percent (30%) of the rear yard area, as defined by this Ordinance. A detached garage may be connected to the principal building by contiguous walls, breezeways or similar connections.
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 (3) feet from the rear property line and shall not occupy more than thirty percent (30%) of the rear yard area, as defined by this Ordinance.
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 seventy-five percent (75%) below grade and a parapet wall or appropriate landscaping furnished.
All Other Accessory Structures:
All other accessory structures that have a gross floor area of one hundred fifty (150) square feet or less, including, but not limited to, storage sheds, gazebos, playhouses, decks, patios and porches, shall not be permitted in the minimum required front yard or minimum required side yards, except as may be permitted by § 190-1404, and shall be located at least five (5) feet from the rear lot line. In the case of corner lots, the accessory structure may be located in the minimum required side yard, provided it is located at leas five (5) feet from the side lot line.
Accessory structures that have a gross floor area in excess of one hundred fifty (150) square feet shall be subject to all setbacks applicable to principal structures.
Any detached accessory structure shall be located at least ten (10) feet from any principal building.
Visibility at Intersections:
No object, including, but not limited to, fences, hedges, trees and other plantings, buildings, structures, walls, signs and motor vehicles, exceeding a height of three (3) feet as measured from the lowest elevation of the centerline of any abutting street, shall be temporarily or permanently placed, erected, installed or parked within the clear sight triangle required on a corner lot. 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 thirty (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.
An illustration of the Clear Sight Triangle appears in Appendix II.
The following shall be permitted to project into any required yard in any Zoning District as follows:
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 twenty-four (24) inches.
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 (3) feet and shall be no closer to the rear property line than twenty (20) feet.
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 thirth-six (36) inches.
Open fire escapes shall be permitted to project into required front, side and rear yards no more than thirty-six (36) inches.
The height limitations of this Ordinance shall not apply to the following structures: Church spires, belfries, chimneys, domes, commercial radio and television towers, elevator bulk heads and other mechanical equipment which is part of the principal structure, conveyors, flagpoles, silos, standpipes, elevated water tanks, derricks, public utility structures, and other structures not intended for human habitation which do not exceed the height limitations of the Zoning District by more than twenty (20) feet.
[Added 4-9-2012 by Ord. No. 379]
Purpose. The purpose of this Ordinance is to create airport zoning height regulations with respect to the Pittsburgh International Airport and the Allegheny County Airport.
Definitions. The following words and phrases when used in this Ordinance shall have the meaning given to them in this Section unless the context clearly indicates otherwise.
- AIRPORT ELEVATION
- The highest point of an airport's useable landing area measured in feet above sea level. The airport elevation of the Pittsburgh International Airport is 1,204 feet above mean sea level. The elevation of the Allegheny County Airport is 1,250 feet above mean sea level.
- AIRPORT HAZARD
- Any structure or object, natural or manmade, or use of land which obstructs the airspace required for flight or aircraft in landing or taking off at an airport or is otherwise hazardous as defined in 14 CFR Part 77 and 74 Pa. Cons. Stat. § 5102.
- AIRPORT HAZARD AREA
- Any area of land or water upon which an airport hazard might be established if not prevented as provided for in this Ordinance and the Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).
- APPROACH SURFACE (ZONE)
- An imaginary surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of the runway based on the planned approach. The inner edge of the approach surface is the same width as the primary surface and expands uniformly depending on the planned approach. The approach surface zone, as shown on Figure 1, is derived from the approach surface.
- CONICAL SURFACE (ZONE)
- An imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) feet horizontally to one (1) foot vertically for a horizontal distance of 4,000 feet. The conical surface zone, as shown on Figure 1, is based on the conical surface.
- Pennsylvania Department of Transportation.
- Federal Aviation Administration of the United States Department of Transportation.
- For the purpose of determining the height limits in all zones set forth in this Ordinance, the datum shall be mean sea level elevation unless otherwise specified.
- HORIZONTAL SURFACE (ZONE)
- An imaginary plane 150 feet above the established airport elevation that is constructed by swinging arcs of various radii from the center of the end of the primary surface and then connecting the adjacent arc by tangent lines. The radius of each arc is based on the planned approach. The horizontal surface zone, as shown on Figure 1, is derived from the horizontal surface.
- LARGER THAN UTILITY RUNWAY
- A runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft.
- NONCONFORMING USE
- Any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this Ordinance or any amendment thereto.
- NON-PRECISION INSTRUMENT RUNWAY
- A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned.
- Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth by this Ordinance.
- PRECISION INSTRUMENT RUNWAY
- A runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precisions Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
- PRIMARY SURFACE (ZONE)
- An imaginary surface longitudinally centered on the runway, extending 200 feet beyond the end of paved runways or ending at each end of turf runways. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The primary surface zone, as shown on Figure 1, is derived from the primary surface.
- A defined area of an airport prepared for landing and takeoff of aircraft along its length.
- An object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.
- TRANSITIONAL SURFACE (ZONE)
- An imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven (7) feet horizontally to one (1) foot vertically (7:1). The transitional surface zone, as shown on Figure 1, is derived from the transitional surface.
- Any object of natural growth.
- UTILITY RUNWAY
- A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less.
- VISUAL RUNWAY
- A runway intended solely for the operation or aircraft using visual approach procedures.
Editor's Note: A copy of Figure 1 is on file in the Borough offices.
Editor's Note: A copy of Figure 1 is on file in the Borough offices.
Editor's Note: A copy of Figure 1 is on file in the Borough offices.
Editor's Note: A copy of Figure 1 is on file in the Borough offices.
Editor's Note: A copy of Figure 1 is on file in the Borough offices.
Applicability. The regulations of this Section shall apply to uses and structures located within areas illustrated on The Pittsburgh International Airport (PIT) Airspace Plan (Drawings 7a, 7b, & 7c of 19 of the PIT Airport Master Plan, as amended), and on The Allegheny County Airport (AGC) Airspace Plan (Drawings 6, 7, & 8 of 14 of the AGC Airport Master Plan, as amended), which PIT Airspace Plan and AGC Airport Master Plan are incorporated hereby by reference, which include the following zones as described in Figure 1 of this ordinance.
Approach Surface Zone
Conical Surface Zone
Horizontal Surface Zone
Primary Surface Zone
Editor's Note: A copy of Figure 1 is on file in the Borough offices.
Permit Applications. As regulated by Act 164 and defined by 14 Code of Federal Regulations Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or manmade), in the vicinity of the airport, shall first notify the Department's Bureau of Aviation (BOA) by submitting PENNDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department's BOA response must be included with this permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered to be in compliance with the intent of this Section. If the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in § 190-1405.1.
No permit is required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure.
No notice or review under this Section is required for any of the following construction or alteration:
Any object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height, and would be located in the congested area of a city, town, or settlement where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation.
Any antenna structure of twenty (20) feet or less in height except one that would increase the height of another antenna structure.
Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device, of a type approved by the Administrator, or an appropriate military service on military airports, the location and height of which is fixed by functional purpose.
Any construction or alteration for which notice is required by any other FAA regulation.
Variance. Any request for a variance shall include documentation in compliance with 14 Code of Federal Regulations Part 77 Subpart B (FAA Form 7460-1 as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the FAA and the Department's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:
No Objection - The subject construction is determined to not exceed obstruction standards and marking/lighting is not required to mitigate potential hazard. Under this determination a variance shall be granted.
Conditional Determination - The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in § 1812.8 - Obstruction Marking and Lighting.
Objectionable - The proposed construction/alteration is determined to be a hazard and is thus objectionable. A variance shall be denied and the reasons for this determination shall be outlined to the applicant.
Such requests for variances shall be granted where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the intent of this Ordinance.
Restrictions. Notwithstanding any other provisions of this Ordinance, no use shall be made of land or water within those portions of the Borough lying within the areas illustrated on PIT Airspace Plan (Drawings 7a, 7b and 7c of 19 of the PIT Airport Master Plan, as amended), or on the AGC Airspace Plan (Drawings 6, 7 and 8 of 14 of the AGC Airport Master Plan, as amended), in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise endanger or interfere with the landing, takeoff of maneuvering of aircraft utilizing the Pittsburgh International Airport and the Allegheny County Airport.
Pre-Existing Non-Conforming Uses. The regulations prescribed by this Ordinance shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this Ordinance, or otherwise interfere with the continuance of a non-conforming use. No non-conforming use shall be structurally altered or permitted to grow higher, so as to increase the non-conformity, and a non-conforming use, once substantially abated (subject to the underlying zoning ordinance), may only be reestablished consistent with the provisions herein.
Obstruction Marking and Lighting. Any permit or variance granted pursuant to the provisions of this Ordinance may be conditioned according to the conditional determination process described in § 190-1405.1.e to require the owner of the structure or object of natural growth in question to permit the municipality, at its own expense, or require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
Conflicting Regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this Ordinance and any other regulation applicable to the same area, the more stringent limitation or requirement shall govern and prevail.
All businesses which propose drive-in facilities as accessory uses or principal uses shall meet the following requirements:
The property shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this Ordinance.
In addition to the parking spaces required for the principal use, a minimum of five (5) standing spaces, in tandem, with a total length of one hundred (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.
Entrances, exits and standing spaces shall be adequately indicated with pavement markings and/or directional signs.
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 the C-1 and I-1 Zoning Districts subject to the following conditions:
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 (6) months.
Temporary construction trailers or sheds shall be located on the lot on which the construction is progressing and shall not be located within twenty-five (25) feet of any property line adjacent to residential use.
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.
No combustible materials shall be stored in temporary construction trailers or sheds.
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 twenty-five (25) feet of any property line adjacent to a residential use.
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.
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.
Each new dwelling unit shall have a minimum gross floor area (excluding the area in a garage, basement or attic) per dwelling unit as indicated below:
Single Family Dwelling:
S, R-1 and R-2 Districts: one thousand eight hundred (1,800) sq. ft./unit
One (1) bedroom & efficiency: four hundred fifty (450) sq. ft./unit
Two (2) bedrooms: six hundred (600) sq. ft./unit
Three (3) or more bedrooms: seven hundred fifty (750) sq. ft./unit
Outdoor Storage in Commercial Districts:
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 (6) feet in height. All other commercial activities shall take place within a completely enclosed building.
Temporary display and sales on the site of an existing commercial business shall be subject to the requirements of § 1303.21 of this Ordinance.
All organic rubbish and discarded materials shall be contained in tight, vermin-proof containers which shall be screened from public view by an opaque fence or hedge which is at least six (6) feet in height.
Storage and Parking of Vehicles:
The parking of any commercial, recreational or passenger vehicle is not permitted on any lot or site other than in a parking area approved by the Borough or as otherwise permitted by this Ordinance.
In any R-1 and R-2 Zoning District, the following vehicles shall not be parked on any street or driveway unless actually involved in delivering or receiving supplies or services: dump truck, truck trailer, tractor trailer, tandem truck, semi-trailer truck, combination tractor trailer trucks, tow trucks or flatbed trucks.
In any R-1 and R-2 Zoning District, a recreational vehicle shall not be parked or stored on any street, driveway or property unless such parking or storage is performed in accordance with the following rules and regulations:
The parking or storage of a recreational vehicle in excess of the temporary parking or storage hours of forty-eight (48) hours shall only be permitted in a completely enclosed structure;
A recreational vehicle shall not be parked or stored on any public or private roadway; and
A recreational vehicle shall not be used for dwelling or habitation purposes while located on any property within the Borough.
Storage of Refuse:
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.
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.
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 & sedimentation, stormwater runoff and other impacts on adjacent properties, as well as the stability of finished slopes and special foundation design, if warranted.
Where authorized by this Ordinance, no impact home based businesses shall comply with the following:
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
The business shall employ no employees other than family members residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
No on-site parking of commercially identified vehicles shall be permitted.
The business activity shall 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.
The business activity shall not generate any solid waste of sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
The business activity shall be conducted only within the dwelling and shall not occupy more than twenty-five percent (25%) of the habitable floor area of the dwelling.
The business shall not involve any illegal activity.
[Added 7-11-2011 by Ord. No. 372; amended 4-9-2012 by Ord. No. 378]
When authorized by this Ordinance, a Portable Storage Unit may be permitted in all Zoning Districts only if in compliance with the following regulations:
One Portable Storage Unit shall be permitted to be placed on a lot when used in conjunction with a move into or out of any permitted use located on the same lot.
Within 24 hours of the placement of the Portable Storage Unit on the lot, the owner/tenant shall provide the Borough Secretary with written notice that the Portable Storage Unit has been placed.
Provided the Portable Storage Unit is used for moving, does not remain on the lot more than ten (10) days and notice has been given as required under section (a)(1) above, a Permit shall not be required and a fee shall not be due.
In the event the Portable Storage Unit remains on the lot in excess of ten (10) days, the owner/tenant of the lot where the Portable Storage Unit is placed must submit a Portable Storage Unit Permit Application to the Borough Secretary on or before the 11th day after the initial placement of the Portable Storage Unit and pay the required Permit Fee to the Borough Secretary.
Provided the Portable Storage Unit Permit Application is timely submitted and the Permit Fee paid, the Borough Secretary may grant the Permit for a Period not to exceed a total of 30 days. The Portable Storage Unit may not remain on the lot beyond the said 30 days.
Only one permit for a total period not to exceed 30 days in connection with any move into or out of the permitted use located on the lot where the Portable Storage Unit is located may be granted in any 12 month period unless the owner/tenant provides the Borough Secretary with documentary proof that the lot has been sold during the said twelve (12) month period, that the lease has terminated, that an order of eviction or foreclosure has issued, or an event under section 1(b) or 2(c) below has occurred that would entitle the owner/tenant to a permit for an additional period.
One Portable Storage Unit shall be permitted to be placed on a lot when used in conjunction with a validly issued and active building permit for construction, renovation or repair of a structure on the lot, in accordance with the following provisions:
A written Portable Storage Unit Permit Application shall be required to be submitted to the Borough Secretary before placement of the Portable Storage Unit.
Subject to the payment of fees as required under Council's Fee Resolution, a Portable Storage Permit may be granted for a period not to exceed 90 days.
Upon the occurrence of the earlier of the following: expiration or revocation of the Building Permit; completion of the renovation, construction or repair for which the Portable Storage Unit permit was issued; or expiration of the time period set forth in the Permit as issued, the said Portable Storage Unit shall be removed within 72 hours.
In the event the need for a Portable Storage Unit is due to a catastrophic loss or damage to a structure on the lot where the Portable Storage Unit is to be located, resulting from fire, water, sewage back up, flooding, mine subsidence or any other natural disaster or other similar damage to any structure, one Portable Storage Unit may be placed without a Permit for an initial period not to exceed 30 days.
Within twenty-four (24) hours of the placement of the Portable Storage Unit on the lot, the owner/tenant shall provide the Borough Secretary with written notice that the Portable Storage Unit has been placed.
In the event the portable Storage Unit is required beyond the initial period set forth in (c) above, upon issuance of a Building Permit for the repair, renovation or reconstruction of any structure located on the lot where the portable Storage Unit is located, a Portable Storage Unit Permit Application must be submitted to the Borough Secretary and any Permit Fee paid in order for the Portable Storage Unit to remain beyond the initial period.
Paragraphs 1(b)(1) and (b)(2) shall apply to a Portable Storage Unit Permit to be issued for a period longer than thirty (30) days in conjunction with a loss under 1(c) above.
Any Portable Storage Unit placed on a lot must be located in accordance with all yard set back requirements.
A Portable Storage Unit shall not at any time be placed or located on a street.
A Portable Storage Unit may be placed on a private driveway in the R-1, R-2 and S Zoning Districts but shall not at any time block or obstruct the sidewalk. An owner/tenant who elects to place the Portable Storage Unit on the driveway is not entitled to park a motor vehicle on a Borough roadway in violation of any posted parking restriction.
In the I-1 and C-1 Zoning Districts a Portable Storage Unit shall be placed in a parking space, as designated by the Borough, and shall not at any time block or obstruct any sidewalks, driveways or aisles. An owner/tenant who elects to place a Portable Storage Unit in a parking space is not entitled to park a motor vehicle on a Borough roadway, driveway or aisle in violation of any posted parking restriction.
A Portable Storage Unit may at no time be inhabited by humans, used as storage for animals of any kind, domestic or otherwise, nor contain any facilities capable or intended to provide any form of hygiene needs for humans.
Council reserves the right to set and amend by resolution all fees for the issuance of any Permits for a Portable Storage Unit.
Any Permit issued hereunder shall be prominently displayed on the main building on the lot, or if no building, then on the lot itself so as to be visible from the street.
It shall be the duty of the police officers of the Borough or other designated Borough representative to enforce the provisions of this Ordinance. If the applicant fails to remove the Portable Storage Unit at the expiration of the permit or has failed to file an application for a permit as required herein the Borough may, at its option, cause the Portable Storage Unit and its contents to be removed. The applicant or person otherwise responsible for ordering the delivery of the Portable Storage Unit and the owner of the lot where the Portable Storage Unit is located shall be liable for all costs including attorney fees incurred by the Borough for the removal of the Portable Storage Unit.
Any person, firm or corporation violating any of the provisions of this Ordinance shall upon conviction be subject to a fine of not more than $600.00 for each violation and the costs of prosecution. Each day that a violation occurs shall constitute a separate offense.
[Added 12-14-2015 by Ord. No. 389]
Bee Keeping. It shall be lawful to maintain bees in all zoning districts in the Borough only in strict conformity with the following standards and conditions.
Definitions. As used in this section, all terms shall be defined in the manner set forth in § 2102 of the Pennsylvania Bee Law. 3 Pa. Cons. Stat. Ann. § 2102, as amended, unless a different definition is stated below or a different meaning clearly appears from the context:
- AFRICANIZED HONEYBEE
- Hybrids of the African honeybee with various European honeybees that are aggressive compared to the European subspecies.
- Any place where one or more colonies or nuclei of bees are kept.
- Any state of the common hive or honeybee (Apis mellifera) or other species of the genus Apis.
- BEE DISEASE
- Any American or European foul brood, sac brood, bee paralysis or other disease or abnormal conditions of eggs, larval, pupal or adult states of the honeybee.
- An owner of an apiary or a person who has charge of an apiary or one or more colonies of bees in the Borough.
- BEST MANAGEMENT PRACTICES
- The policies, procedures, and methods contained in the Pennsylvania Department of Agriculture's compliance agreement for beekeepers.
- An aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times many drones.
- The Pennsylvania Department of Agriculture.
- A barrier composed of dense vegetation or man-made materials which direct the bees quickly into the sky.
- Any frame hive, box hive, box, barrel, log, gum, skep or other receptacle or contained, natural or artificial, or any part thereof, which may be used or employed by a beekeeper as a domicile for bees which are expected to establish a permanent nets.
- SWIMMING POOL
- Any in-ground pool, or any above-ground pool having a minimum capacity of 4,500 gallons.
Registration, Certification, and Permits.
No beekeeper may own or maintain an apiary within the Borough without first registering all apiaries with the Department as required by the Pennsylvania Bee Law, 3 Pa. Cons. Stat. Ann. § 2010 et seq., as amended, and
No beekeeper may own or maintain an apiary within the Borough without first obtaining and signing the beekeeper's permit in keeping with the Pennsylvania Advisory Board's Voluntary Best Management Practices for maintaining European Honey bee colonies in the Commonwealth of Pennsylvania, and
No beekeeper may own or maintain an apiary within the Borough without first obtaining a permit from the Borough Zoning Officer. An application for the permit shall be made in writing and upon such form or in such format as established by the Borough, and shall be accompanied by the prescribed permit fee in the amount established from time to time by resolution of Borough Council. The permit shall be effective for two years from the date of issuance. The application shall be accompanied by a lot plan that includes the size of the lot, the location and number of hives, the location of each water source, the distance of the hives from the property lines, and, if required, the location of any flyway barriers. The application shall also be accompanied by written evidence that the applicant has completed a certified beekeeping educational program. The issuance of a zoning permit shall not obviate the necessity for compliance with all other Borough ordinances, including, but not limited to Chapter 190 of the Rosslyn Farms Borough Code of Ordinances, "Zoning," or, if applicable, Chapter 77-3 of the Rosslyn Farms Code of Ordinance, "Code Enforcement", and
Those who rent property in Rosslyn Farms may not own or maintain an apiary on property that they are renting, and
A hive that is unoccupied for one year must be removed.
Maximum number of colonies. At no time shall the number of colonies exceed 6 colonies on a lot owned by the beekeeper.
Location of Hives.
Hives shall not be located within 20 feet of any side or rear property line.
Hives shall not be located within a front yard.
Hives shall not be located within 50 feet of any swimming pool or any permanently kenneled animal.
Hives, as defined and allowed under these regulations, may be located in any zoning district.
A hive may not be maintained or located on a vacant lot. The hive shall only be maintained or located on a lot upon which a building for which a valid building permit has been issued.
Hive Orientation. Hive entrances shall face away from neighboring property and in such a direction that bees fly across the beekeepers' property at sufficient distance to gain a height of at least 6 feet at the property line. The use of barriers may be employed to redirect the bees' flight pathway and establish bee flight pathways above 6 feet. Should the flight path not be able to be obtained as described above, then a "flyway barrier" shall be placed that is no higher than 6 feet in height, placed along the side of the hive(s) that contains the entrance to the hive(s), shall be located within 5 feet of the hive(s), and shall extend at least 2 feet on either side of the hive(s). A 'flyway barrier" shall consist of a solid fence, dense vegetation, dense hedge or combination thereof. Any flyway fence must comply with the Rosslyn Farms Zoning Ordinances.
Water. All beekeepers in the Borough shall ensure that a convenient source of fresh water is available to the bees from April 1 through November 1 each year and is located closer to the apiary than any other water source.
Best Management Practices. All beekeepers owning or maintaining an apiary in the Borough shall practice those best management practices as set forth in the Department.
Maintenance. All beekeepers shall ensure that no bee comb or other materials are left upon the ground of the apiary site. Upon removal from the apiary, all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure.
Inspection. The Borough, the Department and any apiary inspector appointed by the Borough shall have free access, ingress, and egress to and from any apiary, in which bees, wax, honey, hives, or appliances may be kept or stored. No person shall deny any such access or hinder or resist an inspection.
Nuisance. It shall be unlawful for any beekeeper to keep any hive in such a manner as to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life, or interfere with the normal use and enjoyment of the properties surrounding the property on which the bees are kept.
Prohibitions. Africanized honeybees may not be kept on any property in the Borough.
Sale of Honey. The sale of honey must comply with State and Federal laws and regulations.
The Borough retains all enforcement rights with regard to the placement and maintenance of the bee hives not otherwise pre-empted by the Pennsylvania Bee law.