[Added 7-2-2007 by Ord.
No. 7-2007]
A.
The Borough
Council of Vandergrift Borough shall conduct a public hearing on requests
for conditional uses as provided in Section 908 of the Pennsylvania
Municipalities Planning Code (53 P.S. § 10908). The Council
of Vandergrift Borough shall render a decision, including written
findings, within 45 days of the last public hearing when the testimony
has been closed by the applicant and any opposing parties or the Borough
resting its case. However, the Council of the Borough of Vandergrift
shall not act upon for approval a conditional use application unless
and until:
(1)
A written application for conditional use approval is submitted to
the Borough Zoning Officer not less than 20 working days prior to
the regular meeting of the Planning Commission. The application shall
indicate the section or sections of this chapter of the Code of Vandergrift
Borough under which the conditional use approval is sought and shall
state the grounds upon which it is requested. The application shall
include the following:
(a)
A land development plan, as defined in this chapter;
(b)
A written statement evidencing compliance with the applicable
express standards and criteria of this chapter for the proposed use;
(c)
A map, to scale, showing and identifying all lots within 500
feet of the property for which the conditional use approval is requested
and a list of the names and addresses of the owners of these lots
from the most recent tax records of the Westmoreland County Tax Assessment
Office;
(d)
A traffic study as required by this chapter;
(e)
An application fee as required by this chapter; and
(f)
A plan, to scale, identifying with specificity the structure
to be utilized, its internal rooms and the proposed function of each
room as well as identifying, with specificity, an emergency or fire
escape plan, in accord with any applicable laws of the Commonwealth
of Pennsylvania.
(2)
A written recommendation is received from the Planning Commission
or a minimum of 30 days has passed from the date of the Planning Commission
meeting at which the application is first considered for approval.
(3)
At least one public hearing is held by the Borough Council pursuant
to appropriate public notice.
(4)
In considering an application for conditional use approval, the Borough
Council may prescribe appropriate conditions and safeguards in conformity
with the spirit and intent of this chapter. A violation of such conditions
and safeguards, when made part of the terms and conditions under which
the conditional use approval is granted, shall be deemed a violation
of this chapter.
B.
Expiration of conditional use approval. Conditional use approval
shall expire automatically without written notification from the Borough
Zoning Officer, if no application for an excavation permit, building
permit or zoning certificate to undertake the construction or authorize
the occupancy described in the application for conditional use approval
is submitted within six months of said approval, unless the Borough
Council of Vandergrift Borough, in its sole discretion, extends its
conditional use approval upon written request of the applicant, which
said request must be received and capable of being acted upon by the
Council of Vandergrift Borough prior to the six-month time expiration.
The maximum extension permitted shall be six months' extension.
C.
Traffic study. The Council of Vandergrift Borough and/or the Planning
Commission may mandate that a traffic study be performed where an
application proposes:
(1)
A drug and alcohol treatment facility; a methadone treatment facility;
an apartment or cluster home development.
(2)
For any and all applications which propose a ten-percent or greater
increase in the square footage of an existing gross floor area in
any C-1 or C-3 or I District structure.
(3)
Where a traffic study is required, it shall be prepared by a qualified
traffic engineer detailing the nature and extent of trip generation
expected to result from the proposed development or expansion, based
upon the rates and methodology contained in the current edition of
the Manual of the Institute of Transportation Engineers. The report
shall include current and projected capacities and levels of all streets
and intersections within 1,000 feet of the site proposed for development
and recommendations for improvements to streets and/or traffic control
devices within the site or immediately adjacent to the site.
D.
Methadone treatment facility.
(1)
A methadone treatment facility (as defined in § 500-6) may be operated in the I District, subject to a conditional use approval; however, within said I District a methadone treatment facility shall not be established or operated within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meeting house or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.
(2)
The provisions of this subsection shall apply whether or not an occupancy
permit or certificate of use has been issued to the owner or operator
of a methadone treatment facility for a location that is within 500
feet of an existing school, public playground, public park, residential
housing area, child-care facility, church, meeting house or other
actual place of regularly stated religious worship established by
the proposed methadone treatment facility.
(3)
Notwithstanding the requirements of this subsection, a methadone
treatment facility may be established and operated closer than 500
feet to an existing school, public playground, public park, residential
housing area, child-care facility, church, meeting house or other
actual place of regularly stated religious worship established prior
to the proposed methadone treatment facility if, by majority vote,
the governing body for Vandergrift Borough in which the proposed methadone
treatment facility is to be located votes in favor of the issuance
of an occupancy permit or certificate of use for said facility at
such location. At least 14 days prior to the governing body of a municipality
voting on whether to approve the issuance of an occupancy permit or
certificate of use for a methadone treatment facility at a location
that is closer than 500 feet to an existing school, public playground,
public park, residential housing area, child-care facility, church,
meeting house or other actual place of regularly stated religious
worship established prior to the proposed methadone treatment facility,
one or more public hearings regarding the proposed methadone treatment
facility location shall be held within the municipality following
public notice in a newspaper of general circulation on at least one
occasion not less than two days prior to the scheduled public hearing
and not more than 14 days prior to the public hearing. All owners
of real property located within 500 feet of the proposed location
shall be provided written notice of said public hearing at least 10
days prior to said public hearing occurring.
(4)
A traffic study, as that term is defined in § 500-6 of this chapter shall be required for review of the application of the applicant requesting the placement of a methadone treatment facility in Vandergrift Borough.
(5)
Hours of operation. The hours of operation for a methadone treatment
facility shall be limited to 10:00 a.m. to 6:00 p.m., Monday through
Friday, prevailing time.
(6)
Revocation of occupancy permits. The Zoning Officer shall revoke
an occupancy permit if he or she determines that a permittee or an
employee of the permittee has:
(a)
Been convicted of any law of the Commonwealth of Pennsylvania
relating to the possession of or sale of any drug, drug device or
paraphernalia, as those terms are defined by the Commonwealth of Pennsylvania
pursuant to the Crimes Codes of the Commonwealth of Pennsylvania,
as currently enacted or any amendments thereto;
(b)
Such revocation shall be rescinded and the permit shall be reinstated
in the event that the permittee or employee is removed from any position
within the methadone treatment facility;
(c)
A permit shall be revoked if a cause for suspension occurs and
if a permit has been suspended or revoked within the proceeding 12
months;
(d)
A permit shall be revoked it is determined that the applicant
or any employee thereof has provided false or misleading information,
or incomplete information in the permitting process as identified
in this chapter;
(e)
A revocation of a permit shall continue for a period of one
year, and the permittee shall not be permitted to operate or be employed
in a methadone treatment facility in Vandergrift Borough;
(f)
In addition to the remedies for violation of this chapter, a
person who operates or causes to operate a methadone treatment facility
without a valid permit or in violation of this chapter may be subject
to an action in equity, a suit for injunction or any other action
or actions as permitted by law, at the discretion of the Borough.
E.
Drug and alcohol treatment facility.
(1)
A drug and alcohol treatment facility (as defined in § 500-6) may be operated in the I District, subject to a conditional use approval; however, within said I District a drug and alcohol treatment facility shall not be established or operated within 1,000 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meeting house or other actual place of regularly stated religious worship established prior to the proposed drug and alcohol treatment facility.
(2)
The provisions of this subsection shall apply whether or not an occupancy
permit or certificate of use has been issued to the owner or operator
of a drug and alcohol treatment facility for a location that is within
1,000 of an existing school, public playground, public park, residential
housing area, child-care facility, church, meeting house or other
actual place of regularly stated religious worship established by
the proposed drug and alcohol treatment facility.
(3)
Notwithstanding the requirements of this subsection, a drug and alcohol
treatment facility may be established and operated closer than 1,000
feet to an existing school, public playground, public park, residential
housing area, child-care facility, church, meeting house or other
actual place of regularly stated religious worship established prior
to the proposed drug and alcohol treatment facility if, by majority
vote, the governing body for Vandergrift Borough in which the proposed
drug and alcohol treatment facility is to be located votes in favor
of the issuance of an occupancy permit or certificate of use for said
facility at such location. At least 14 days prior to the governing
body of a municipality voting on whether to approve the issuance of
an occupancy permit or certificate of use for a drug and alcohol treatment
facility at a location that is closer than 1,000 feet to an existing
school, public playground, public park, residential housing area,
child-care facility, church, meeting house or other actual place of
regularly stated religious worship established prior to the proposed
drug and alcohol treatment facility, one or more public hearings regarding
the proposed drug and alcohol treatment facility location shall be
held within the municipality following public notice in a newspaper
of general circulation on at least one occasion not less than two
days prior to the scheduled public hearing and not more than 14 days
prior to the public hearing. All owners of real property located within
1,000 feet of the proposed location shall be provided written notice
of said public hearing at least 10 days prior to said public hearing
occurring.
(4)
A traffic study, as that term is defined in § 500-6 of this chapter, shall be required for review of the application of the applicant requesting the placement of a drug and alcohol treatment facility in Vandergrift Borough.
(5)
Hours of operation. The hours of operation for a drug and alcohol
treatment facility shall be limited to 10:00 a.m. to 6:00 p.m., Monday
through Friday, prevailing time.
(6)
Revocation of occupancy permits. The Zoning Officer shall revoke
an occupancy permit if he or she determines that a permittee or an
employee of the permittee has:
(a)
Been convicted of any law of the Commonwealth of Pennsylvania
relating to the possession of or sale of any drug, drug device or
paraphernalia, as those terms are defined by the Commonwealth of Pennsylvania
pursuant to the Crimes Codes of the Commonwealth of Pennsylvania,
as currently enacted or any amendments thereto;
(b)
Such revocation shall be rescinded and the permit shall be reinstated
in the event that the permittee or employee is removed from any position
within the drug and alcohol treatment facility;
(c)
A permit shall be revoked if a cause for suspension occurs and
if a permit has been suspended or revoked within the proceeding 12
months;
(d)
A permit shall be revoked it is determined that the applicant
or any employee thereof has provided false or misleading information
or incomplete information in the permitting process as identified
in this chapter;
(e)
A revocation of a permit shall continue for a period of one
year, and the permittee shall not be permitted to operate or be employed
in a drug and alcohol treatment facility in Vandergrift Borough;
(f)
In addition to the remedies for violation of this chapter, a
person who operates or causes to operate a drug and alcohol treatment
facility without a valid permit or in violation of this chapter may
be subject to an action in equity, a suit for injunction or any other
action or actions as permitted by law, at the discretion of the Borough.
(7)
The provisions of this section do not apply to faith-based, nonprofit
or similar counseling-only type services that do not involve the prescription
of, distribution of, or application of any drug or drugs, medication
of any type, or any material or materials other than materials related
to counseling in the form of reading materials to any person or persons
seeking to utilize the counseling service.
A.
Lots of record with inadequate area or street frontage.
(1)
A lot legally recorded prior to the adoption of this chapter and
containing less area and/or having less frontage on a public street
than required as a minimum for the zone district in which the lot
is located may be developed for any use permitted in the zone district
without application for a variance, provided:
(a)
The lot does not abut along a common line other properties in
the same ownership; and
(b)
No reduction of front, side or rear yards or required parking
is needed to accommodate the proposed development.
(c)
The Zoning Officer may issue a building permit directly if the
above conditions can be met. If they cannot be met, the applicant
shall be directed to the Zoning Hearing Board to apply for a variance.
(2)
In the event a lot with inadequate area or frontage abuts other lots
in the same ownership, the lots shall be combined to create properties
that are more conforming in area or frontage than the original lots
to equal or exceed the minimum requirements for area and/or frontage
in the zone district.
B.
Lot width measurement. Lot width shall be measured in all cases along
the front yard setback line.
C.
Maximum number of dwelling buildings on a lot.
(1)
Not more than one single-family or two-family dwelling may be constructed
on an undivided lot, except for the following, and no apartment dwelling
may be constructed in an accessory building.
(2)
One or more dwelling buildings may occupy the same property in a cluster residential development plan or a plan of attached single-family dwellings or garden apartments (see § 500-23).
(3)
Lots recorded before the adoption of this chapter and containing
two or more single-family detached or two-family detached dwellings
may be subdivided to place each building on its own lot, even though
nonconforming lots are created, provided each lot will abut a street
whose right-of-way width is at least 25 feet.
D.
Access to a lot. Every lot created after the adoption of this chapter
shall abut a public street.
A.
Setbacks on partially developed streets.
(1)
When a vacant lot occurs between two lots containing structures within
25 feet of the vacant lot and forward of the front setback line, construction
on the vacant lot may be set back from the street the average of the
setbacks of the structures on either side of the vacant lot.
(2)
When a vacant lot occurs adjacent to a lot containing a structure
within 25 feet of the vacant lot and forward of the front setback
line, construction on the vacant lot may be set back from the street
the average of the structure on the adjacent lot and 25 feet.
B.
Permitted projections into required yard areas.
(1)
Chimneys, canopies, one-story bay windows, open porches and balconies,
provided they are no more than eight feet in width, and fire escapes,
cornices, eaves and gutters may extend not more than two feet into
a required yard area.
(2)
In a front or rear yard or a side yard abutting a public street,
an open porch or patio may be erected that extends not more than 10
feet into the required yard area but is no closer than five feet from
any lot boundary line. Such porch or patio shall never be permanently
covered or enclosed and shall not be above the level of the first
floor of the building to which it is attached.
(3)
Driveways, parking areas, walkways, steps, fences, walls and landscaping
may occupy required yard areas. However, unless a written agreement
exists between adjacent property owners allowing driveways, parking
areas, walks, steps or walls to be placed along the common lot line,
such features shall be held back at least one foot from the lot line.
C.
Obstructions to sight distances on corner lots. Structures and landscaping
on a lot abutting a street intersection shall be held back from lot
lines or limited as to height in order to assure adequate sight distances
for motorists approaching the intersection. The Zoning Officer may
require greater setbacks than would normally apply in order to assure
the public safety. Generally, nothing exceeding 30 inches in height
shall be erected or planted in a triangular area bounded by the street
right-of-way lines and a diagonal line connecting points 30 feet back
from the intersection of those right-of-way lines at the corner of
a lot.
D.
Buildings and lot lines not parallel. When a building is to be located
on a lot so as not to be parallel with the adjacent lot line, such
building may be set so that the average distance between the building
wall and lot line is not less than the minimum side yard depth required
in the zone district and no part of the wall is less than 1/2 of such
depth away from the lot line.
E.
Fences, hedges and walls on lot lines.
(1)
Fences, hedges or walls placed along a lot line or within two feet
of such line shall be no higher above ground level than six feet,
or no higher than the horizontal distance between the lot line and
any principal residential building on the adjacent lot, whichever
is less. Any fence, hedge or wall forward of the front setback line
on a lot shall not exceed four feet in height and, if a fence or wall,
shall be at least 50% open when viewed in elevation.
(2)
On lots used for commercial, industrial or public purposes a security
fence not higher than 10 feet above grade may be erected along any
property line, provided the portion in excess of six feet in height
is of an open metal-mesh type. Whenever a commercial or industrial
business stores materials out of doors on a lot that abuts or is directly
across the street from a residentially used or zoned lot, such materials
shall be enclosed along the street or lot line behind a solid-faced
fence not less than four nor more than six feet in height.
F.
Dish antennas.
(1)
Such devices shall be considered an accessory use.
(2)
No such dish shall be located between the principal building on a
lot and an abutting street unless the owner can demonstrate to the
Zoning Officer, based on a written statement from the supplier, that
no other location on the lot will provide effective satellite reception.
(3)
Such dishes shall be screened from adjacent residential properties
by an evergreen hedge or solid fence, provided clear sight lines to
the satellite are not compromised.
(4)
Open-mesh-type dishes painted to blend with surrounding landscaping
and/or buildings will be preferred, particularly where screening and
rear yard location are not possible.
(5)
Dishes shall be installed by the manufacturer or his representative
so as to be securely anchored in the ground and shall not be mounted
on the roof of any residential building.
A.
Measurement of height. Height shall be measured as the vertical distance
along the wall of a structure between the average of the highest and
lowest elevation at finish grade on the front or rear wall, whichever
has the lower ground elevations, and the top of the parapet on a flat
roof building or halfway between the eave and ridge on the highest
portion of the structure on a sloped roof building.
B.
Chimneys, exhaust stacks, church steeples, flagpoles, water tanks,
roof-mounted air-handling equipment and communications equipment erected
under Federal Communications Commission requirements shall be exempt
from height regulations.
A.
Any development proposal, whether new construction, expansion of
an existing use, or renovation of a building for a new use, shall
provide, or have available, off-street parking spaces as required
by this section.
B.
Dimensional requirements.
(1)
Each parking space in a parking lot shall contain at least 170 square
feet of area and be at least 9 1/2 feet in width, exclusive of
access lanes.
(2)
The minimum dimensions, including access lane, across a double-loaded
parking aisle with parking spaces at right angles to the access lane
shall be at least 58 feet and, for a single-loaded aisle, at least
40 feet.
(3)
Where parking spaces form a 45° angle with the access lane, the
dimension across a double-loaded aisle shall be at least 52 feet and,
across a single-loaded aisle, 30 feet.
(4)
A parking aisle includes the access lane and the parking space to
which the lane provides access. A double-loaded aisle denotes parking
spaces on both sides of the access lane.
(5)
Required parking may be placed on lots adjacent to or nearby the
use to be served, provided the parking lot is in the same ownership
as the lot containing the use and bound by deed restrictions for parking,
or a long-term lease guarantees the parking will be available for
the life of the use. Any nonresidential use may be served by parking
that is not more than 500 feet from a boundary of the lot containing
the use. Any residential use may be served by parking that is not
more than 200 feet away from a boundary of the lot containing the
use.
(6)
In the commercial district, a developer may subtract from the number
of parking spaces he is required to provide 15% of the off-street
public and commercial parking spaces within 500 feet of his property,
plus any on-street spaces that are immediately adjacent to his property
on the same side of the street.
(7)
Any commercial, public or semipublic use whose hours of operation
are limited to Sundays, holidays and/or evenings may include off-street
parking in public lots or private lots guaranteed by lease for the
life of the use to be served towards the required number of off-street
spaces, provided at least part of such lot or lots are within 500
feet of the main entrance of the use to be served.
(8)
When several uses share the same property, the parking required for
each use shall be added together to determine the total number of
spaces needed.
C.
Design standards.
(1)
Parking lots or areas serving any commercial, industrial, public
or semipublic use or any residential development where more than two
dwelling units share the same parking area shall be surfaced with
at least 1 1/2 inches of binding and wearing courses of an asphaltic
mix meeting current State Department of Transportation specifications
over at least four inches of well-compacted and choked base course
of crushed limestone.
(2)
Parking lots or areas shall be sloped not less than 1/2% nor more
than 6% toward an acceptable storm drainage system. When the edge
of a parking lot slopes downhill and parking spaces are arranged at
right angles to the slope, stop bars or a curb shall be provided along
the edge.
(3)
Surfaced parking spaces shall be marked off in white or yellow paint
with lines at least five inches wide.
(4)
Where a parking lot or area designed to accommodate five or more
vehicles is located adjacent to a residentially zoned lot or a lot
occupied by a residence, the parking area shall be screened along
the common lot line by a dense evergreen hedge, maintained at a height
of not less than four feet or more than six feet in height. In lieu
of a hedge, earth mounding, natural changes of grade or an opaque-surfaced
fence not less than four nor more than six feet in height may be approved
by the Zoning Officer.
(5)
No parking lot shall be permitted in the front yard area of any lot
in a residential zone district.
(6)
Parking lots and access drives serving them shall be separated by
at least four feet from residential buildings, and such areas between
any lot or drive and a building landscaped and maintained. The only
exception shall be access drives to garages under residential buildings.
(7)
Parking lots shall be sloped to assure that drainage is towards storm
inlets within or along the edge of the lot and not onto adjacent streets
or over adjacent properties, unless a recorded easement is available
for such drainage.
(8)
Lighting of parking lots or areas shall be directed away from any
adjacent residential properties and from drivers on abutting streets.
Lighting levels shall be the minimum to provide safety and security,
and the light sources shall not be visible from adjacent properties
or streets.
D.
Minimum off-street parking requirements.
(1)
Residential uses:
(a)
Any dwelling unit except those within a development designed
exclusively for the elderly: one space per dwelling.
(b)
Dwelling units in an elderly housing development: one space
per three dwelling units.
(c)
Boardinghouse or lodging home: one space for each lodger or
boarder.
(d)
Convalescent or retirement home: one space for each three apartments
and/or beds.
(e)
Foster care or halfway house: one space for each staff member
on the largest shift plus one space.
(f)
Home occupation: one space for each 300 square feet of floor
area occupied by the home occupation.
(2)
Public and semipublic uses:
(a)
Church or other place of assembly including a theater: one space
for each four persons who can be seated simultaneously or one space
for each 75 square feet of floor area in the assembly hall, whichever
is greater.
(b)
School: two spaces for each classroom.
(c)
Municipal, government or public utility service building: one
space for each 500 square feet of floor area.
(d)
Clubs, lodges, social or service clubs: one space for each 150
square feet of floor area.
(3)
Commercial uses:
(a)
Retail commercial, personal service shop or medical or dental
clinic or office: one space for each 300 square feet of floor area.
(b)
Offices, except medical or dental: one space for each 500 square
feet of floor area.
(c)
Restaurants or taverns: one space for each three persons who
can be seated simultaneously, plus five spaces if take-out service
is available as a part of the operation.
(d)
Motel or hotel: one space for each sleeping room.
(e)
Pool hall: one space for each 150 square feet of floor area.
(f)
Bowling alley: five spaces for each lane.
(g)
Funeral home: 10 spaces for each reposing room.
(h)
Outdoor retail sales: one space for each 600 square feet of
lot area devoted to outdoor sales.
(4)
Industrial uses:
(a)
Manufacturing, processing or research: one space for each two
employees on the largest shift or one space for each 750 square feet
of floor area, whichever results in the larger figure.
(b)
Warehousing, storage, terminal operations: one space for each
1,500 square feet of floor area and outdoor lot area used in the operation.
(c)
Boat marinas: one space for each boat slip or maximum number
of boats that can be accommodated overnight.
A.
ANIMATED SIGN
BANNER SIGN
BILLBOARD SIGN
BULLETIN SIGN
CANOPY
FREESTANDING SIGN
GROUND SIGN
INDIRECTLY ILLUMINATED SIGN
INTERNALLY ILLUMINATED SIGN
MARQUEE
POLE SIGN
PROJECTING SIGN
SIGN
TEMPORARY SIGN
WALL SIGN
Definitions of terms peculiar to this section.
[Amended 6-2-2008 by Ord.
No. 3-2008]
Any electronic signs which uses any form of visual animated
graphics and words and numbers of any type, except as provided in
this chapter, to project a message through the use of LCD screens,
plasma screens, LED lighting, or any type of technology as may be
developed which would allow the creation of any moving graphic or
any graphic which can be described as television- or video-like graphics
and projected in a manner which appears to replicate television- or
video-type graphics or moving graphics other than time and temperature.
Any sign intending to be hung, either with or without frames,
possessing characters, letters, illustrations or ornamentation applied
to paper, plastic or fabric of any kind. National flags, flags of
political subdivisions and symbolic flags of any institution or business
shall not be considered banners for purposes of this chapter.
Any sign, as defined herein, which advertises an establishment,
person, activity, product or service which is unrelated to and not
available on the premises where the sign is located.
A type of changeable copy sign constructed to allow letters
or symbols to be changed periodically, such as those used by churches,
schools and funeral homes.
Any rigid structure made of cloth, metal or other materials
with the frame attached to the building and generally supported by
the ground, extending over areas intended for pedestrian traffic,
and the structure is primarily for purposes of shelter rather than
for advertising.
Any sign supported permanently upon the ground by varied
means and not attached to any building or structure, whose purpose
is not to support such sign. Freestanding signs shall include ground
signs, monument signs, pole signs and pylon signs.
A freestanding sign which is affixed to the ground by means
of a permanent foundation and which provides a maximum clearance of
18 inches between the bottom of the sign and the adjacent ground level.
A sign which is lighted by means of lamps or lighting devices
external to and reflected on the sign, which lighting is stationary
and constant in intensity and color at all times and which is shielded
so that the illumination is concentrated on the face of the sign and
there is no spillover of illumination or glare beyond the face of
the sign. Size and weight of the sign as well as load issues are specifically
subject to the provisions of this chapter and evaluation by the Code
Officer relative to health, safety and welfare issues.
A sign which is lighted by means of lamps or lighting devices
internal to the sign, which lighting is stationary and constant in
intensity and color at all times and which is shielded so that the
illumination is concentrated on the face of the sign and merely illuminates
the sign but which does not create spillover illumination or glare
beyond the face of the sign. Size and weight of the sign as well as
load issues are specifically subject to the provisions of this chapter
and evaluation by the Code Officer relative to health, safety and
welfare issues.
Any permanent roof-like structure extending from the wall
of a building but not supported by the ground, constructed of durable
material such as metal or glass, extending over areas intended for
pedestrian and/or vehicular traffic, and the structure is primarily
for purposes of shelter rather than advertising.
A freestanding sign which is supported by one or more poles,
uprights or braces, and which has a minimum clearance between the
bottom edge of the sign and the adjacent ground level as specified
by the chapter.
Any sign supported by a building wall or attached along one
edge of or by a bracket perpendicular to the wall surface, projecting
more than six inches. The sign may not extend more than six feet from
the building wall. The size and weight of said sign to be strictly
subject to the provisions this chapter as well as a valuation by the
Code Officer taking into account all health, safety and welfare issues
associated with a projecting sign.
A device, fixture, placard or structure which uses color,
form, graphics, illumination, symbol or writing to provide identification,
direct attention to or communication information of any kind to the
public regarding a person, entity, organization, business or idea.
Any sign that is used in connection with a circumstance,
situation or event that is designed, intended or expected to take
place or to be completed within a reasonably short or definite period
after the erection of such signs or intended to remain on the location
where it is erected or placed for a period of not more than 20 days.
A sign applied flat to or painted on a building wall and
extending no more than six inches from the wall space.
B.
General limitations.
[Amended 6-2-2008 by Ord.
No. 3-2008]
(1)
Except for time-and-temperature indicators, no animated signs, no
signs illuminated by a flashing, pulsating or intermittent source,
and no signs lighted in such manner as to create clear conditions
on adjacent property or on an adjacent sidewalk or street shall be
permitted.
(2)
No sign shall be placed upon the roof of a building or to project
above the top or beyond the end of a building wall. Ground signs may
not be placed closer than 15 feet to an adjacent street or highway
right-of-way line in the Commercial District and the Industrial District.
In all other cases, the sign shall meet the required setback.
(3)
Signs in excess of 30 square feet in area as well as their structural
supports shall be made of noncombustible materials, meaning those
materials which will not ignite or deform at temperatures below 1,250°
F.
(4)
The computation of sign area shall be as follows:
(a)
The surface area shall be computed by including the entire area
within a single, continuous, rectilinear perimeter of not more than
eight straight lines or a circle or an ellipse, enclosing the extreme
limits of the writing, representation, emblem or other display, together
with any material or color forming an integral part of the background
of the display or used to differentiate a sign from the backdrop or
structure against which it is placed, but not including any supporting
framework or bracing that is clearly incidental to the display itself.
(b)
If the sign consists of more than one section or module, all
of the area, including that between sections or modules, shall be
included in the computation of the sign area.
(c)
With respect to two-sided, multisided or three-dimensional signs,
the sign surface shall be computed by including the total of all signs
designed to attract attention or communicate information.
(5)
Projecting signs shall be created from the lightest weight materials
available to create the message desired on the signage. Every sign
shall be designed and anchored to withstand a steady, horizontal wind
pressure of at least 100 miles per hour, regardless of the direction
of air movement, and the weight of the sign shall be subject to strict
review by the Code Officer and subject to certification by a professional
engineer to indicate that the load, the method of anchoring, the product
used for anchorage, the product used to support the load and all issues
associated with the weight of every sign, especially signs designated
as projecting signs, internally illuminated signs or indirectly illuminated
signs which are created to hang over a pedestrian sidewalk or traffic
way, shall be of such standards and materials as to maintain all of
the requirements of this chapter and to protect the public health,
safety and welfare of pedestrians or vehicular traffic. It shall be
the duty of the Code Officer to interpret any such design information
submitted by a professional engineer, and if it lacks the substantial
information necessary to permit the Code Officer to reasonably issue
a permit based upon the information presented, the same shall be rejected,
and the Code Officer shall have the duty and obligation to seek any
and all necessary information, assurances and certificates of the
professional engineer necessary to protect the public health, safety
and welfare with regard to any signage issues identified in this provision.
(6)
No sign shall be located so as to block doors, fire escapes, operable
windows or access to them, nor shall a sign be attached to a fire
escape. No sign shall, by reason of location or message, create traffic
confusion or any traffic hazard by obstructing any sight distances
or by generally confusing motorists.
(7)
Where glass panels on any sign exceed three square feet in area,
they shall be wired glass or shatterproof glass; otherwise glass areas
shall be a minimum of one-quarter-inch-thick safety glass.
(8)
The sign shall be located only on the property containing the use
identified by the sign, except in the case of billboards.
C.
Permits.
(1)
A permit issued by the Zoning Officer shall be required before any sign may be erected, except for those listed in § 500-20C(5) below.
(2)
Sign permit applications shall contain the following information
provided by the applicant:
(a)
Name, address and phone number of the applicant, the contractor
to erect the sign, and the owner of the property, as well as the address
of property if different from owner's.
(b)
Statement of permission granted by the owner of the property
for erection of the sign, if owner and applicant are not the same.
(c)
Location of the sign on the property relative to buildings and
property lines, and height of sign from ground level to top of sign,
with dimensions noted.
(d)
A copy of the drawing from which the contractor will create
and erect the sign, including an elevation view and method of attaching
the sign to the ground or to a building.
(e)
The applicant shall set forth the calculation for the computation
of the square footage area.
[Added 6-2-2008 by Ord.
No. 3-2008]
(f)
Certification of registered professional engineer that the sign meets the weight, dead load and wind pressure requirements of this article as stated in § 500-20B(5).
[Added 6-2-2008 by Ord.
No. 3-2008]
(g)
Such other information as the Code Officer shall require to
show full compliance with this and all other Borough ordinances.
[Added 6-2-2008 by Ord.
No. 3-2008]
(3)
The cost of sign permits shall be established by resolution of Council.
A permit shall be required for the replacement, enlargement or moving
of a sign but not for the repair of an existing sign.
(4)
Garage, yard or porch sale signs shall be placed only on the property
where the sale is occurring. Such signs shall not exceed five square
feet in area, shall not be in place more than three days while the
sale is in progress, and shall not be approved more than four times
in any calendar year on the same property. Sales shall only be of
household items and not of goods purchased for the purpose of resale
on the premises.
(5)
The following types of signs shall not require permits for erection:
(a)
Real estate sign not exceeding 16 square feet in area;
(b)
Sign denoting designers and/or contractors when placed on the
property where the firm is doing work, limited to 16 square feet in
area, and to be removed when the work is completed.[1]
[1]
Editor's Note: Original Subsection 4.5353, regarding signs
for home occupations and other personal nameplates, which immediately
followed this subsection, was repealed 6-2-2008 by Ord. No. 3-2008.
(6)
The following types of signs shall require permits but no fees:
(a)
Sign or bulletin board put up by public, charitable or religious
institutions when located on the same property as the institution.
Temporary signs advertising special events of such institutions may
be approved by Borough Council in other locations for a period not
exceeding 30 days.
D.
Signs permitted in the residential districts.
(1)
Property identification sign, limited to name and address of occupants
and/or name and nature of home occupation conducted in the dwelling,
such sign not more than two square feet in area for each face.
(2)
Temporary sign indicating property for sale, rental or lease, identifying
the broker's or owner's name, address and phone number and nature
of proposed transaction, such sign not greater than 16 square feet
in area for each face, and placed upon the property being offered.
(3)
Signs identifying a public or semipublic institution and activities
carried on by the institution, such sign not greater than 16 square
feet in area, each face.
[Amended 6-2-2008 by Ord.
No. 3-2008]
(4)
Temporary sign identifying designers or contractors employed on the
property, such sign not exceeding 16 square feet for each face, limited
to one sign per designer or contractor and to be removed upon completion
of the work.
(5)
Memorial tablet erected by a public or nonprofit organization; traffic
or other governmental signs authorized and/or erected by a public
body.
(6)
Signs may be applied flat to the principal structure on the property,
attached to a private lamppost or fence or to a pole in the ground.
Only one sign may be permitted on a property, except that if the property
abuts two streets, one sign on each street may be approved.
(7)
No sign shall extend to more than 12 feet in height, measured from
the topmost part of the sign to the ground level below.
(8)
No sign shall be lighted except signs identifying public or semipublic
institutions, provided such lighting is from an indirect, hidden source.
E.
Signs permitted in the commercial and industrial districts.
(1)
Permitted types of signs:
(a)
Any sign permitted in the residential zone districts;
(b)
Sign identifying a business or industry on the same property
as the business or industry;
(c)
Billboards in the Industrial District only and set back at least
25 feet from the right-of-way of any street, highway or any property
line.
[Amended 6-2-2008 by Ord.
No. 3-2008]
(d)
Signs may be freestanding, projecting or wall-mounted. In addition,
signs may be attached to or be a part of the edges of a marquee, retractable
awning or canopy, provided such edge does not exceed three feet in
height.
(2)
Size of signs.
(a)
Freestanding signs shall not exceed 64 square feet in area on
any face and no more than a total area on all faces of 128 square
feet, limited to one on any property.
(b)
Wall signs shall not exceed in area 10% of the wall surface
to which they are attached, including the area of windows and doors.
However, regardless of wall area, a wall sign of at least 20 square
feet shall be permitted, and no wall sign shall exceed 100 square
feet in area.
(c)
Projecting signs shall not exceed in area 15 square feet on
any face. Permitted types of signs shall include freestanding signs,
wall signs attached flat to a wall surface, wall signs painted or
applied to a wall, marquee signs attached to a wall, canopy signs
and projecting signs protruding over a sidewalk or a public right-of-way,
subject to the provisions of the Vandergrift Borough Zoning Code then
in place.
[Amended 6-2-2008 by Ord.
No. 3-2008]
(d)
No part of any sign shall extend to a height greater than 35
feet above the ground below.
(e)
Location of signs.
[Added 6-2-2008 by Ord.
No. 3-2008]
[1]
Only one freestanding sign, identifying a business or businesses,
located along a street, shall be permitted on any property.
[2]
Freestanding signs shall be located in the front yard or side
yard of a property abutting a public street, but not closer to a street
right-of-way than 15 feet, nor shall they create a visual hazard for
motorist because of the location on the property or the height above
the ground.
[3]
Wall signs shall be located between the heads of windows and
doors on the ground floor of the structure and the sills of windows
on the second floor or top of the parapet on a one-story building.
Where a wall contains no windows, the head of the windows and doors
in an adjacent wall shall be used to determine location. Variations
may be permitted by the Building Inspector to achieve continuity of
height and location across the facade of the building. At no time
shall any sign protruding over a sidewalk or right-of-way of any type
be permitted at a level where it could be considered as a health,
safety or welfare hazard to any pedestrian or vehicular traffic.
A.
Site grading.
(1)
No earth movement shall be permitted except to implement a development
for which a building permit has been issued or to construct public
improvements.
(2)
Graded slopes shall not exceed one-foot vertical rise for each two
feet of horizontal run except that, in excavations of land surfaces
that have laid dormant for at least two years, a slope of one-foot
vertical rise for each 1 1/2 feet of horizontal run shall be
permitted. Steeper slopes may be allowed in areas where, in the written
opinion of a registered professional engineer, soil and subsoil conditions
are such as to allow a slope up to a maximum grade determined by the
engineer without endangering adjacent properties or streets. His report
shall bear his seal.
(3)
Slopes created by filling shall be keyed in to undisturbed ground
and shall be compacted in twelve-inch layers. The tops and toes of
slopes shall be provided with graded swales parallel with the face
of the slope to divert stormwater.
(4)
No grading shall occur within one foot of any property boundary except
as is needed for driveway or sidewalk entrances or to meet grades
on adjacent properties.
(5)
Retaining walls, designed by a registered professional engineer who
shall supervise construction, may be built up to a property line,
provided a guard rail at least 30 inches high along the entire length
of the wall is installed.
(6)
Graded areas not covered by buildings or paved surfaces shall be
planted with erosion-resisting grasses or ground cover immediately
after the completion of grading. Graded areas shall be protected from
construction activity, covered with straw and contained along their
lower elevations by hay bales until the planting has secured the slope.
B.
Storm drainage.
(1)
A system of storm drain pipes, inlets and surface drainage swales
shall be provided as part of any development to ensure the unimpeded
but controlled flow of natural watercourses crossing or abutting the
development site. All areas of any development shall be graded if
necessary to assure positive drainage of stormwater.
(2)
Stormwater shall be controlled on the property upon which it originates.
It shall be directed to the Borough's storm drainage system and shall
not be permitted to flow over a neighboring property or street in
a concentrated flow.
(3)
In the case of major developments involving large building and/or
paved areas, the Borough Council may require the developer to have
a site drainage plan prepared by a registered professional engineer
to assure that the public drainage system will not be overloaded.
Such plan may require that stormwater be retained on the property
for gradual release to the storm sewer or to a surface drainage swale.
(4)
In no case shall sewage other than that from storm runoff be permitted
to enter a storm drainage system.
A.
Application. This section shall apply to any commercial, industrial
or multifamily development proposal involving new construction, whether
of new buildings, extensions of existing buildings or site improvements.
B.
Submission. Any developer proposing such construction shall submit
to the Zoning Officer a site plan showing the following:
(1)
The boundaries of the property described by bearings and distances;
(2)
The location of adjacent streets indicating street curbs and street
width, as well as existing and/or proposed curb cuts entering the
property;
(3)
The location of existing structures to remain and proposed buildings,
showing distances to property lines; height and use of each building;
(4)
Arrangement of off-street parking on the property, indicating the
number of spaces and location of each space and access lanes, as well
as truck servicing areas, if provided;
(5)
Proposed areas of grading on the site, indicating steepness of slopes
and means to collect and dispose of stormwater;
(6)
Proposed landscaping of the site, indicating also pedestrian walks,
retaining walls, fences and other features;
(7)
Use of land on properties adjacent to and directly across the street
from the property to be developed.
C.
Review. The Zoning Officer shall send the submission to the Borough
Engineer, who shall review the drawings as to conformance with this
chapter, the arrangement and safety of circulation into and within
the property, congestion that may be created by the development on
adjacent streets, the likely impact of the development on adjacent
and nearby properties, and the general arrangement of buildings and
landscaping.
D.
Decision. The Borough Engineer shall complete his review and submit
his recommendations to Borough Council. Council shall make a decision
to approve the plan as presented, approve it with conditions, or reject
it, within 95 days after the plan was first submitted to the Zoning
Officer. The developer and Council may jointly agree to postpone the
decision further. If the developer withdraws his plan and resubmits
it, the review period shall be suspended during the withdrawal. The
developer may negotiate with Council on conditions, if any, attached
to approval. Failure of a developer to accept reasonable conditions
attached by Council shall result in rejection of the plan.
A.
The intent of this section is:
(1)
To minimize earth movement and disturbance of steep slope areas,
natural drainage patterns, and ground and woods cover;
(2)
To minimize the length of access streets and public utilities;
(3)
To assure permanent open space within and surrounding the development;
(4)
To encourage innovative design and greater freedom in the arrangement
and type of residential buildings than would be allowed by a conventional
plan.
B.
Development standards.
(1)
A cluster residential development is a special exception use in any
of the residential zone districts. Single-family detached dwelling
lots may be proposed in the R-1 and R-2 Zone Districts, and single-family
attached dwellings (townhouses) or garden apartments may be proposed
in the R-3 and R-4 Zone Districts.
(2)
Single-family detached dwellings shall be on their own lots, which
may be less in area and/or frontage than required for conventional
development in the zone district. However, the nearest wall of one
dwelling shall be no closer than 20 feet to the closest wall of an
adjacent dwelling, and the dwelling shall not cover more than 25%
of the lot area. Each lot shall abut an existing public street or
one created in the plan.
(3)
Single-family attached dwellings may be on their own lots. Such dwellings
shall be not less than 16 feet in width between the centers of party
walls, and the average width within a group of attached dwellings
shall be not less than 18 feet. An attached dwelling on its own lot
shall occupy not more than 40% of the lot area, and the total number
of dwellings in an attached group shall not exceed eight in number.
(4)
Dwelling buildings in a cluster plan shall be set back from the property
lines of the original development tract and from all existing streets
or streets created in the plan by at least 25 feet.
(5)
Within a plan of attached single-family dwellings and/or garden apartment
buildings, any wall containing at least 1/2 the exterior wall area
of any dwelling unit shall be separated by at least 50 feet from a
neighboring building wall with the same characteristics. Where building
walls are at an angle to each other, the average distance between
them, measured at right angles from either wall, shall be not less
than 50 feet, and the minimum distance shall be not less than 40 feet.
End walls of adjacent buildings, when such walls contain less than
1/2 the exterior wall area of any dwelling unit, shall be separated
by at least 20 feet.
(6)
The overall density within a cluster development plan, excluding
public streets created in the plan, shall be not less than the following:
C.
Homeowners' association.
(1)
A homeowners' association shall be required if any or all lots or
dwelling units in a plan are to be sold and land and/or facilities
for the use and benefit of the residents of the plan remain as the
responsibility of the lot and/or dwelling owners. The text of the
rules and regulations establishing and governing the association shall
be reviewed and found acceptable by the Borough Solicitor as providing
adequate safeguards for both the Borough and the plan residents.
(2)
Membership in the association shall be a mandatory condition of purchasing
a dwelling. Voting power shall be based on one vote per owned dwelling
or lot, vested in the owner. However a positive vote by a majority
of those voting at a meeting or by mail ballot shall be sufficient
for passage of a motion, provided at least 50% of the total membership
participates.
(3)
All land not to be developed for housing or sold for development
shall be recorded as "common open space" on the recorded plan and
shall be described as separate land parcels: The common open space
shall be conveyed to the association. The developer shall be responsible
for his share of maintenance, taxes and insurance costs based on the
lots or dwellings he still owns at any time.
(4)
The association shall levy and collect assessments sufficient to
maintain the common open space, pay taxes and insurance on it and
cover administrative costs. The association shall maintain access
drives, parking areas, walkways, landscaping, storm drain facilities
in the common open space and other improvements that may be constructed.
Borough Council may require the association to establish an escrow
fund payable to the Borough to guarantee maintenance of the common
open space.
A.
Individual mobile homes on their own lots.
(1)
Such mobile homes shall meet all the dimensional requirements of
this chapter for single-family detached dwellings in the R-2 Zone
District.
(2)
Mobile homes shall be supported directly upon at least two masonry
piers or a peripheral masonry foundation extending at least three
feet below grade and providing stable bearing for the home. The area
between the bottom of the home and the ground below shall be ventilated
but completely enclosed by a masonry skirting.
(3)
Mobile homes shall be placed on their foundation and skirted not
later than 30 days after arrival on the property.
(4)
Mobile homes shall be securely held to their foundations by built-in
or exterior tie-downs at each corner of the home. Each mobile home
brought into the Borough after the date of this chapter shall comply
with the National Manufactured Housing Construction and Safety Standards
Act, as amended.
(5)
No mobile home shall be occupied until the Zoning Officer verifies
that it has been connected to public sewer and water lines.
(6)
No mobile home lacking toilet and washing facilities or cooking and
food storage facilities, or any of these, shall be permitted, nor
shall any self-propelled vehicle or travel trailer be used for residential
purposes for a period exceeding 14 days.
(7)
It shall be unlawful for a mobile home to be removed from the Borough
until all taxes owed the Borough and the School District on the property
or by the residents of the mobile home have been paid in full, as
verified by the Tax Collector.
B.
Mobile home parks.
(1)
Any mobile home park developed or expanded after the adoption of
this chapter shall have been approved by the Pennsylvania Department
of Environmental Protection and Westmoreland County prior to the lease
of any lease lots in the park.
(2)
All standards contained in Subsection A above shall be complied with, except that a mobile home in a park may be placed on a concrete pad at least four inches thick rather than a foundation. If this option is selected, the area between the floor of the mobile home and the ground below shall be enclosed by a metal, vinyl or masonry skirting.
(3)
Development standards:
(a)
No part of a mobile home shall be less than 25 feet from a park
property line or street right-of-way.
(b)
Each mobile home lease lot shall contain at least 3,500 square
feet of area and front 35 feet on a park street. No lease lot shall
abut a public street for purposes of access.
(c)
No two mobile homes shall be closer to one another than 20 feet,
nor closer to a park street than 15 feet, except that two adjacent
mobile homes may be no closer together than 15 feet at any point as
long as the average separation is 20 feet.
(d)
Except for laundry facilities, a building for park maintenance
equipment, a recreation area for park residents, and/or the residence
of the owner or operator of the park, there shall be no other uses
within a mobile home park.
