Borough of Ben Avon, PA Article IV District Regulations

§ 2000-400 Establishment of Districts.

[Ord. 738, 8/18/2009]

For the purposes of carrying out the provisions of this Ordinance, the Tri-Borough Communities are divided into the following Zoning Districts, which are shown by the district boundaries on the Official Zoning Map:

A. R-L — Low Density Residential District.

B. R-M — Moderate Density Residential District.

C. R-H — High Density Residential District.

D. MU — Mixed Use District.

E. C-NC — Neighborhood Commercial District.

F. C-HC — Highway Commercial District.

G. C-BE — Business Enterprise District.

H. C-MW — Manufacturing and Warehousing District.

I. COS — Civic and Open Space Conservation District.

J. T — Transportation District.

§ 2000-401 District Purposes.

[Ord. 738, 8/18/2009]

A. R-L — Low Density Residential District. The purpose of this District is to protect the character of existing single-family neighborhoods and accommodate additional single-family infill-type residential development at a similar scale and density.

B. R-M — Moderate Density Residential District. The purpose of this District is to accommodate a variety of housing types including single-family and multi-family dwellings.

C. R-H — High Density Residential District. The purpose of this District is to accommodate a variety of housing types including primarily multi-family dwellings within close proximity to community services.

D. MU — Mixed-Use District. The purpose of this District is to enhance the character and vibrancy of the traditional downtown business districts situated near Lincoln and California Avenues while promoting pedestrian access and dense urban form.

E. C-NC — Neighborhood Commercial District. The purpose of this District is to provide sufficient space and pedestrian access for the development of small-scale retail business and consumer service-oriented business geared toward the needs of adjoining residential neighborhoods.

F. C-HC — Highway Commercial District. The purpose of this District is to provide sufficient space for safe, convenient and efficient vehicular access from Rt. 65 necessary to accommodate larger community-scale retail business, restaurant and office uses catering to the needs of the community.

G. C-BE — Business Enterprise District. The purpose of this District is to encourage the development of low intensity office and industrial uses in appropriate locations along Rt. 65 where the public health, safety and welfare of surrounding lower density neighborhoods can be protected.

H. C-MW — Manufacturing and Warehousing District. The purpose of this District is to encourage the development of more intense manufacturing or similar industrial uses in appropriate locations along existing railroad routes and where topography protects the character of surrounding residential neighborhoods.

I. COS — Civic and Open Space Conservation District. The purpose of this District is to conserve environmentally sensitive/significant areas and to protect residents from landslide-prone areas by restricting development and providing for compatible institutional and recreational uses such as schools and athletic fields.

J. T-Transportation District. The purpose of this District is to control development along the Boroughs' riverfront and to provide for other transportation infrastructure.

§ 2000-402 District Boundaries.

[Ord. 738, 8/18/2009]

District boundaries that coincide with roads, streets, alleys, property lines, streams and transportations rights-of-way shall be deemed to follow their center lines. The vacation of streets, roads or rights-of-way shall not effect the location of such district boundaries. When the applicable Zoning Officer is unable to determine the location of a district boundary by such center lines, by the scale of dimensions stated on the Official Joint Zoning Map or by the fact that it clearly coincides with a property line, the applicable Zoning Officer shall refuse action and submit the requested review to the applicable Borough's Zoning Hearing Board. As authorized by the Pennsylvania Municipalities Planning Code, § 209.1(10.1), the Joint Planning Commission may present testimony before any board at the request of the governing body regarding said issue(s).

§ 2000-403 Official Joint Zoning Map.

[Ord. 738, 8/18/2009]

A. The Tri-Borough Communities are hereby divided into Zoning Districts as shown on the Official Joint Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Ordinance.

B. The Official Joint Zoning Map shall be identified by the signature of a designated representative of each Borough and shall bear the seal of all three Boroughs under the following words: "This is to certify that this is the Official Joint Zoning Map referred to in Article IV of Ordinance Number 2000 of the Tri-Borough Communities, Allegheny County, Pennsylvania," together with the date of adoption of this Ordinance.

C. No changes of any nature shall be made on the Official Joint Zoning Map or matter shown thereon except in conformity with the procedures set forth in this Ordinance. Any unauthorized change by any person shall be considered a violation of this Ordinance and punishable as provided.

D. The Official Joint Zoning Map, on file in the municipal building of each Tri-Borough Community, shall serve as the final authority in designating the current zoning status of lots, buildings, and other structures in the Tri-Borough Communities.

E. Any amendments legally adopted to change any district boundaries of the Official Joint Zoning Map shall be noted on such map by ordinance number and date of adoption of the amendment. The Official Joint Zoning Map shall be changed to reflect the amendment within 30 days of adoption.

§ 2000-404 Permitted Uses, Conditional Uses and Uses by Special Exception.

[Ord. 738, 8/18/2009]

A. No building, structure or lot shall be constructed or improved or used for any purpose or in any manner other than the one or more of the principal permitted uses, conditional uses or uses by special exception granted by right to the Zoning District in which such building, structure or lot is located.

B. In addition to the basic zoning requirements defined by this Article IV of this Ordinance, all uses by special exception shall conform to all applicable requirements and provisions defined by this Article VI of this Ordinance. All conditional uses shall conform to all applicable requirements and provisions defined by this Article VII of this Ordinance.

C. The letter "P" denotes a permitted use by right, subject to the requirements specified by this Ordinance and after a zoning certificate has been issued in accordance with this Ordinance.

D. The letter "C" denotes a use that is conditional, subject to the requirements specified by this Ordinance and provided that a Council grants the conditional use pursuant to this Ordinance.

E. The letter "S" denotes a use that is a special exception subject to the requirements specified by this Ordinance and provided that a Zoning Hearing Board grants the special exception pursuant to this Ordinance.

§ 2000-405 Land Uses. [1]

[Ord. 738, 8/18/2009]

[1] Editor's Note: The Land Use Table is included as an attachment to this chapter.

§ 2000-406 Dimensional Standards.

[Ord. 738, 8/18/2009]

A. Lot Dimensions.

(1) Development that occurs on a private street shall be developed to the dimensional standards applicable to development on a public street.

(2) Lot dimensions shall be in accordance with Table II and/or Table III as applicable.

Table II: Residential District Lot Dimensions
	R-L	R-M	R-H
Lot Area (minimum) (single-family)	6,000 square feet	3,500 square feet	2,000 square feet
Lot Area (minimum) (duplex/multi-family)	3,000 square feet	2,000 square feet	1,000 square feet
Lot Frontage (minimum)	40 feet	25 feet	15 feet
Building Coverage (maximum)	40%	60%	60%
Building Height (maximum)	35 feet	45 feet	65 feet

Table III: Nonresidential Lot Dimensions
	M-U	C-NC	C-HC	C-BE	C-MW	COS	T
Lot Area (minimum)	N/A	5,000 square feet	5,000 square feet	10,000 square feet	20,000 square feet	N/A	N/A
Lot Frontage (minimum)	N/A	65 feet	100 feet	100 feet	200 feet	N/A	N/A
Building Coverage (maximum)	85%	75%	60%	50%	60%	20%	75%
Building Height (maximum)	80 feet	35 feet	35 feet	45 feet	55 feet	45 feet	55 feet

B. Yard requirements for residential shall be as set forth in Table IV and the yard requirements for nonresidential districts shall be as set forth in Table V, except as set forth subsequently in this subsection.

Table IV: Residential District Setback Standards
	R-L	R-M	R-H
Front Yard (maximum)	25 feet	15 feet	15 feet
Rear Yard (through lot) (minimum)	35 feet	15% of lot depth (25 feet min)	15% of lot depth (25 feet min)
Rear Lot (adjoining alley) (minimum)	35 feet	25 feet	25 feet
Side Yard (minimum) (adjoining street)	25 feet aggregate*	15 feet aggregate*	12 feet aggregate*
Side Yard (minimum) (not adjoining street)	15 feet aggregate*	10 feet aggregate*	8 feet aggregate*

Table V: Nonresidential District Setback Standards.
		M-U	C-NC	C-HC	C-BE	C-MW	COS	T
Front Yard (maximum)		5 feet	35 feet	75 feet	50 feet	50 feet	30 feet	5 feet
Rear Yard (through lot) (minimum)		20 feet	30 feet	30 feet	50 feet	75 feet	30 feet	5 feet
Rear Lot (adjoining alley) (minimum)		15 feet	20 feet	20 feet	40 feet	65 feet	30 feet	5 feet
Side Yard (minimum (adjoining street)*		5 feet	10 feet	10 feet	20 feet	30 feet	15 feet	5 feet
Side Yard (minimum) (not adjoining street)*		0 feet	10 feet	15 feet	25 feet	35 feet	15 feet	5 feet
*	Aggregate side yard dimensions include both side yards added together. Minimum side yard for detached dwellings shall be five feet except for attached dwellings which may have a minimum side yard of zero feet. Interior attached dwelling units shall be permitted to have an aggregate minimum side yard of zero feet.

(1) Basic Lot Types and Configuration.

(2) For each story over two, a multi-family unit shall have an additional five-foot setback applicable to all yards; no adjusted front yard of said proposed development shall deviate more than 30% greater than that of development on an adjoining lot.

(3) Lot frontage for the principal structure shall be built along the required front yard setback. Porches shall also be permitted to fulfill this requirement. No structure shall be built within a required setback.

(4) Interior Lot Not Adjoining a Corner Lot.

(a) Required Front Yard Setback.

(i) The required front yard setback for a subject lot shall be determined by calculating the average front yard setback of the adjoining lots.

(ii) If an adjoining lot is vacant, the landowner and/or developer shall assume the required setback of the adjoining lot is the minimum front yard setback defined in Tables IV and V for the zoning district in which it is situated.

(b) Required Side Yard Setback.

(i) The required side yard setback for a subject lot shall be determined by calculating the average side yard setbacks of the adjoining lots.

(ii) If an adjoining lot is vacant, it shall be assumed that the established setback of the adjoining lot is the minimum required side yard setback defined in Tables IV and V for the zoning district in which it is located

(5) Interior Lot Adjoining a Corner Lot.

(a) Front Yard Setback.

(i) The front yard setback of the subject lot shall be the average of the adjoining existing corner lot and the adjoining existing interior lot.

(ii) If the adjoining lot is vacant, the minimum setback defined in Tables IV and V for the zoning district in which the lot is located shall apply.

(b) Side Yard Setback.

(i) The required side yard setback for a subject lot shall be determined by calculating the average side yard setbacks of the adjoining lots.

(ii) If an adjoining lot is vacant, it shall be assumed that the established setback of the adjoining lot is the minimum side yard setback defined in Tables IV and V for the zoning district in which it is located.

(6) Corner Lot. A corner lot shall have two front yards one side yard and one rear yard said front yards shall abut public right-of-way not inclusive of an alley. If the lot abuts an alley the rear yard shall parallel said alley.

(a) Front Yard Setback.

(i) The required front yard setback of the subject (corner) lot shall be equivalent to that of the two adjoining lots.

(ii) If the adjoining (interior) lot is vacant, the front yard setback of the subject corner lot shall be equivalent to the minimum front yard setback defined in Tables III, IV and V for the zoning district in which the subject lot is located.

(b) Side Yard Setback.

(i) The required side yard setback for a subject lot shall be determined by calculating the average side yard setbacks of the adjoining lots.

C. Height. In order to maintain the character of existing historic and/or established development, building height for proposed development, infill, redevelopment and/or replacement shall be determined based upon the context of existing development.

(1) The minimum height of any principal building and/or structure in the MU district shall be 36 feet.

(2) Proposed roof heights, cornice lines, eaves, parapets and porches of a proposed building or structure shall respect the architectural context of the adjoining lots and, when feasible, shall maintain the scale and character of existing development.

(3) The maximum height for buildings shall be as defined for the zoning district in which it is located, unless the heights for the majority of buildings on the block are greater than the maximum permitted for the zoning district. In this circumstance, the maximum height shall be the height of the adjoining properties.

§ 2000-407 Permitted Projections Into Required Yards.

[Ord. 738, 8/18/2009]

A. The following shall be permitted to project into any required yard in any Zoning District as follows:

(1) Typical architectural features, including, but not limited to, bay windows, window sills, cornices and eaves, shall be permitted to project into required yards no more than 36 inches.

(2) Decks and unenclosed porches without enclosed habitable foundations shall be permitted to project into required front and side yards no more than three feet and into the required rear yard no more than 20 feet so long as a minimum of five feet remain between the structure and the lot line.

(3) Steps and open fire escapes shall be permitted to project into required yards no more than six feet.

(4) Awnings and/or sunscreens shall be permitted to project into required front and side yards no more than four feet.

§ 2000-408 Height Exceptions.

[Ord. 738, 8/18/2009]

A. The height limitations of this Ordinance shall not apply to the following structures: place of worship steeples or spires; steeples; chimneys; elevator bulk heads and other mechanical equipment that is part of a principal structure; conveyors; flagpoles; silos; standpipes; water towers; 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 15 feet.

B. All principal buildings or structures and accessory parking structures shall also be subject to all applicable Federal Aviation Administration (FAA) and Allegheny County Airport Authority height restrictions.

§ 2000-409 Accessory Buildings, Structures, Uses and Events.

[Ord. 738, 8/18/2009; Ord. No. 778, 8/31/2017; Ord. No. 796, 12/19/2023]

A. Accessory buildings, structures, uses and events permitted within Residential Zoning Districts of the Tri-Borough Communities include:

(1) Cultivation of plants as an avocation, including the erection and maintenance of greenhouses and garden equipment storage buildings, trellises, etc., but involving no commercial sales or advertising.

(2) Fences, walls and screening in accordance with Subsection C(1), except as required for chickens and bees in Subsection A(13) and (14).

(3) Garage or parking area meeting requirements of Article VIII limited to one detached garage per lot.

(4) The keeping of animals, limited to 200 pounds and structures for the housing of such animals on a lot of at least 80,000 square feet in area and, except for poultry or fowl, restricted to four animals per 40,000 square feet, to be confined on the lot by a fence or similar enclosure located at least five feet from the lot line, and where the structures shall be located at least 100 feet from any dwelling on the subject lot, and when only for the private non-commercial use of the occupants of the dwelling on the same lot.

(5) Shelter for domestic pets but not including a kennel when located not less than 60 feet from any street line and not less than 25 feet from any lot line.

(6) Private swimming pool, tennis court, or similar private recreation facility for the use of the residents of the lot containing the facility and their guests only.

(7) Private satellite dish or antenna less than 24 inches in diameter.

(8) Signs in conformance with § 2000-420 of this Ordinance.

(9) No-impact home-based business.

(10) Awnings.

(11) Residential wind turbines and residential solar collection panels.

(12) Setback of Accessory Buildings from Side or Rear Lot Lines. When an accessory building not on a permanent foundation will occupy 120 square feet of area on the ground or less, it may be located no closer than 10 feet from any side or rear lot line but not forward of the front setback line. Other accessory structures, regardless of size, when the use is for a garage, carport or picnic shelter, but not including a barn for animals, may not be located within the setback distance prescribed by this Ordinance.

(13) On a lot of under 80,000 square feet in area, the keeping of chickens, when only for the private non-commercial use of the occupants of the dwelling on the same lot, provided that all of the following criteria are met:

(a) The principal permitted use of the lot is for a single-family dwelling.

(b) No roosters are permitted.

(c) Up to three (#) chickens are permitted on lots having a minimum of 2,000 square feet in size. For every additional 2,000 square feet of property, the owner or resident is permitted one additional chicken, with no other livestock for lots under 80,000 square feet and to a maximum of six chickens.

(d) Chickens shall be provided both a coop and a run.

(e) Any coop or any structure for manure storage shall not be located in the front yard of lot.

(f) The following setbacks apply to any structure in which chickens are housed or any structure for manure storage:

Side yard - 12 feet

Rear yard - 20 feet

(g) All coops shall be a least six square feet in size, and at least an additional two square feet in size for each chicken over one chicken.

(h) All runs shall be at least 10 square feet in size, and at least an additional 10 square feet in size shall be provided for each chicken over one chicken.

(i) The chicken coop shall be constructed of solid material, vermin and predator proof, water tight, and easy to clean.

(j) The chicken coop shall have adequate ventilation.

(k) The run in which chickens have access to must be entirely surrounded by vermin and predator proof fencing such that chickens are not free to roam off the lot. The chicken coop may be movable.

(l) The chicken coop and run may be moveable.

(m) Chickens shall be provided access to feed and clean water at all times, and waste must be disposed of properly, either through composting or in an enclosed container.

(n) Chickens shall be kept for personal use only. The selling of chickens, eggs or chicken manure, or the breeding of chickens for commercial purposes is prohibited.

(o) Butchering of chickens is prohibited.

(p) The raising of chickens pursuant to this Section shall not be permitted in Ben Avon Borough.

(q) Raising of chickens pursuant to this Ordinance shall be subject to and compliant with any other rules, regulations, or best practices established by the Pennsylvania Department of Agriculture.

(14) On a lot having a minimum of 2,000 square feet in size, for the use of the occupants of the dwelling on the same lot, Beekeeping, provided that all of the following criteria are met:

(a) The property owner may keep up to two Beehives. For every additional 3,000 square feet of property, the property owner is permitted to keep up to two additional Beehives; however, the total number of Beehives kept on the property shall not exceed 15.

(b) Beehives shall not be located in the front yard of a property, and shall be set back at least 20 feet from any property line.

(c) Beehives shall consist of moveable frames and combs, unless exempted by the Pennsylvania Department of Agriculture.

(d) 

A Beehive may not exceed:

a. Five feet in height measured from the bottom of the Beehive to the top of the Beehive, for a Langstroth Beehive type; or

b. Four thousand four-hundred seventy-eight and one-half cubic inches in volume, for a Top Bar Beehive.

(e) Beehive entrances shall be placed in such a direction that the Honeybees first fly across the property on which the Beehive is located.

(f) A "flyway barrier" of a least six feet in height shall be provided at all places on the property line that are within 20 feet of a Beehive. The "flyway barrier" shall consist of a solid fence or wall, dense vegetation or combination thereof. No "flyway barrier" is required for Beehives that are located on porches or balconies at least 10 feet above grade, except where such porch or balcony is located less than five feet from a property line.

(g) Beehives shall be registered with the Pennsylvania Department of Agriculture and shall comply with all rules and Best Practices adopted thereby.

(h) A consistent source of water shall be provided at the Apiary, unless it occurs naturally within 300 yards of the property on which the Apiary is located. The water may be "sweetened" with mineral salt or chlorine to enhance Its attractiveness so as to discourage Honeybee visitation at swimming pools, hose bibs, animal watering sources, bird baths or where people congregate.

(i) Apiaries shall be managed and kept in a clean and orderly manner and appearance to prevent a nuisance.

(j) Tenants shall have the express, written consent of the property owner to keep any Beehive on the property.

B. Permitted Accessory Uses and Structures in Mixed-Use and Non-residential Zoning Districts.

(1) Amusement game machines not located in a commercial recreation and entertainment facility limited to three machines per establishment located within and accessible only from the principal use.

(2) Ancillary business services limited to serving the offices occupying the same building, such as copying and printing services, mail packaging and receiving, secretarial services and retail sales of office supplies, etc.

(3) Automated teller system accessory to a use.

(4) Day care center restricted to children of employees or users of services offered by principal use.

(5) Fences, walls and screening in Mixed-Use and Non-residential Zoning Districts subject to provisions of Article VI Uses by Special Exception.

(6) Individual apartment of the owner, or manager, or an employee of the business occupying the lot, such apartment in the same principal structure on the lot occupied by the business.

(7) Laboratory and/or pharmacy within a clinic and a branch bank within an office building.

(8) Off-street loading areas subject to requirements of Article VIII.

(9) Off-street parking areas and/or garages for the exclusive use of customers patronizing the establishment on the premises and for employees of the establishment in accordance with requirements of Article VIII.

(10) Retail sales of books, magazines and newspapers (excluding adult bookstores), standard restaurant, fast-food restaurant, drug store, on the first floor of an office building occupying not more than 25% of the building's floor area exclusive of basement, and provided there shall be no exposed entryway serving the business on the exterior of such building.

(11) Satellite dish or antenna mounted on the ground and located not less than one and a quarter times its maximum height from any side or rear lot line but not forward of the front setback line; or mounted on the roof.

(12) Signs in conformance with § 2000-420 of this Ordinance.

(13) Swimming pool, tennis court or similar accessory recreational facility when the principal permitted use is a motel, bed and breakfast, public park, club, or cultural or institutional use or when there are residential apartments on the same lot.

(14) Temporary structure incidental to the development of a lot, to be removed upon completion of development.

(15) Other structures, uses or buildings customarily incidental to principal uses permitted in a district including, but not limited to, wind turbines and solar collection panels.

(16) Accessory uses are limited to 25% of the total floor area. Employees of the accessory uses shall not exceed 25% of the total number of employees.

C. In all Zoning Districts, the following regulations shall apply to accessory buildings and structures:

(1) Fences, Walls and Screening in all Zoning Districts.

(a) Section purpose. Fences, walls, and screening can provide many benefits both to the owner of the property on which they are situated and to the public at large. However, certain aspects of these structures must be limited in order to protect a community's appearance and public safety. This section's purpose is to provide such limitations and clarifications in all Zoning Districts.

(b) Fence, wall, and screening limitations. Fences, walls, and screening may be erected in any yard subject to requirements of the Zoning District in which they are to be erected, the limitations in the following table, and the controls of Subsection (d) below[1]. Note that heights should be measured from the average finished grade within two feet of the fence line. When a fence is placed atop a retaining wall, the height of the fence shall be determined exclusive of the height of the retaining wall such that the top of the retaining wall is considered the finished grade.

Areas Zoned Residential:
Location	Maximum Height (feet)	Minimum Setback (feet)	Maximum Percent Solid to Open (Opacity)
Noncorner lots:
Front	4	3	50%
Side	6	0	100%
Rear	6	0	100%
Corner lots:
Front	4	3	50%
Side (street)	4*	3	100%
Side yard (non-street)	6	0	100%
Rear	6	0	100%

NOTE:

*Fences, walls, and screening up to six feet in height may be approved for Areas Zoned Residential, Corner lots: Side (street) as a special exception under the condition that a fence, wall, or screen shall not block the clear sight distance at street intersections or driveways.

Areas Zoned Mixed-Use:
Location	Maximum Height (feet)	Minimum Setback (feet)	Maximum Percent Solid to Open (Opacity)
Noncorner lots:
Front	6	3	50%
Side	6	0	100%
Rear	6	0	100%
Corner lots:
Front	6	3	50%
Side (street)	6	3	100%
Side yard (non-street)	6	0	100%
Rear	6	0	100%

Areas Zoned Commercial and Industrial:
Location	Maximum Height (feet)	Minimum Setback (feet)	Maximum Percent Solid to Open (Opacity)
Noncorner lots:
Front	6	3	50%
Side	10	0	100%
Rear	10	0	100%
Corner lots:
Front	6	3	50%
Side (street)	6*	3	100%
Side yard (non-street)	10	0	100%
Rear	10	0	100%

NOTE: *Fences, walls, and screening up to 10 feet in height may be approved for Areas Zoned Commercial and Industrial, Corner lots: Side (street) as a special exception under the condition that a fence, wall, or screen shall not block the clear sight distance at street intersections or driveways.

[1] Editor's Note: So in original.

(c) 

Other fences, wall, and screen regulations.

1) A fence, wall, or screen shall not be erected in a public or dedicated right-of-way.

2) A fence, wall, or screen shall not block the clear sight distance at street intersections or driveways. See illustrations below for reference.

3) A fence, wall, or screen shall not include barbs, thorns, other harmful projections, or electric wires designed to shock (i.e., barricade fences). However, nothing contained in this provision shall prohibit fences consisting of underground electrical wiring and commonly referred to as "silent" or "invisible" fences used to control pets.

4) The finished side of fences, walls, or screens shall always face any abutting streets or properties; all bracing shall be on the inside of the fence.

5) Any chain-link, chicken-wire, or metal mesh fence or wall shall be galvanized or otherwise treated to prevent the formation of rust.

6) All fences, walls or screening shall be maintained in a sturdy and good condition.

7) See references below for examples of opacity:

(2) Clear Sight Distance. All fences, walls, screens and bufferyards or landscaping shall be located so as to not obstruct pedestrian access, visibility for traffic on adjacent streets or traffic entering or leaving a lot or adjacent lots.

(3) Satellite Dish Antennas in Residential Districts.

(a) In all Residential Zoning Districts, the maximum diameter of any satellite dish antenna installed on any lot, building or structure shall be 24 inches.

(b) Only one satellite dish antenna shall be permitted on a residential lot.

(c) Satellite dish antennas shall not be permitted in front yards or on front facades unless a variance is granted by the applicable Zoning Hearing Board of the applicable community upon presentation of evidence that such location is the only feasible method of obtaining reception because of the physical characteristics of the lot and the location of existing structures on the lot.

(d) A satellite dish antenna shall not project above the peak of a roof, and if said satellite dish is roof-mounted, no point of the satellite dish shall be greater than three feet from the roof's surface. A satellite dish antenna shall be permitted to be mounted on a flat roof so long as the satellite dish projects less than three feet from the roof surface and is mounted in an inconspicuous location.

(4) Radio or Television Antennas. A radio or television antenna shall be permitted as an accessory use, subject to the following requirements:

(a) A radio or television antenna structure may be installed in a rear yard area or mounted on a roof, provided that the structure shall not be located within 20 feet of any lot line.

(b) The antenna shall be no more than 12 feet higher than the structure on which it is to be mounted and shall be designed so as to have minimal visual impact to the building or structure, utilizing techniques such as being the same color as the building or pole on which it is located. If placed on a roof, any antenna exceeding eight feet in overall height shall be mounted with guy wires.

(c) Any such structure shall comply with applicable Federal Communications Commission regulations.

(d) Radio or television antenna structures located on the ground shall be screened from adjacent lots by evergreen trees or other suitable landscaping material.

(5) Regulations are applicable to communications antennas mounted or located on existing or newly constructed nonresidential buildings, light poles/standards or on utility transmission poles and communications equipment building/cabinets. Communications antennas mounted or located on existing or newly constructed nonresidential buildings, light poles/standards or on utility transmission poles and communications equipment building/cabinets shall be permitted in all Zoning Districts, subject to the following criteria:

(a) The applicant shall provide a certification from an engineer, having demonstrated capability and competence in matters of structural integrity, that the proposed installation will not exceed the structural capacity of the pole or building upon which the communications antenna is proposed to be located, considering wind, ice, snow and other loads associated with the communications antenna location.

(b) The applicant shall provide detailed construction drawings indicating how the communications antenna(s) will be mounted for review by the applicable Borough Engineer.

(c) There shall be no minimum building setback requirements for the antenna.

(d) The antenna shall be no more than 12 feet higher than the structure on which it is to be mounted and shall be designed so as to have minimal visual impact to the building or structure, utilizing techniques such as being the same color as the building or pole on which it is located.

(e) The applicant shall provide authorization from the legal owner of the lot to install the communications antenna and any structure accessory to the communications antenna.

(f) The applicant shall provide agreements, easements, or rights-of-way necessary to ensure access for the purpose of installation and maintenance.

(g) Any existing or newly constructed light pole/standard or utility transmission pole may be constructed, reconstructed or altered for the purpose of accommodating the location and/or installation of communications antenna, provided that the height of the light pole/standard or utility transmission pole, once constructed, reconstructed or altered, shall not exceed 65 feet.

(h) All communications antennas shall be operated so that they will not cause interference with other communications antennas.

(i) If any accessory communications equipment building/cabinets are proposed for the operation of the communications antenna, the following regulations shall be adhered to:

(i) The communications equipment building/cabinets and associated equipment may be located at or near the base of any existing or newly constructed light pole/standard. If the communications equipment building/cabinets are proposed for a communications antenna located on a nonresidential building or structure other than an existing or newly constructed light pole/standard, such communications equipment building/cabinets may be located on the structure or building on which the communications antenna is located.

(ii) For those communications antennas that are mounted on utility transmission poles, the communications equipment building/cabinets shall be located within the utility easement or right-of-way.

(iii) Any communications equipment building/cabinets where the area encompassing the communications equipment building/cabinets is equal to or less than 100 square feet shall be subject to the height and setback requirements of the Zoning District for an accessory structure. Any communications equipment building/cabinets where the area encompassing the communications equipment building/cabinets is greater than 100 square feet shall be subject to the height and setback requirements of the Zoning District for a principal building or structure.

(6) Canopies and Similar Structures. Those canopies and similar permanent freestanding roofed structures greater than 150 square feet in lot coverage shall be permitted to cover outdoor seasonal display and sales areas or fuel dispensing areas accessory to authorized uses in the MU, C-NC, C-HC, C-BE, C-MW, and T districts, provided that:

(a) No portion of such structure shall be located less than 20 feet from any lot line or street right-of-way.

(b) Such structure shall not be enclosed or incorporate walls.

(c) A minimum of 50% of the vertical supports utilized for the structure shall be designed to incorporate the same primary exterior material of the lot's principal building.

(d) Any lighting associated with said structures shall be reduced to half normal operating power between the hours of 11:00 p.m. and 6:00 a.m.

(e) Such structure shall be removed immediately, once the principal use or the use of the structure is discontinued.

(7) Residential Wind Turbine.

(a) No turbine shall exceed 25 feet in height.

(b) Turbines shall not be located within a front, side or rear setback.

(8) Residential Solar Collector Panels.

(a) The location of solar collection panels shall be approved by the applicable Zoning Officer to ensure glare is minimized on adjacent lots.

(b) Panels shall not be located within a front, side or rear yard.

(9) Special Event as an Accessory Use. On any lot, a landowner and/or developer proposing to conduct a temporary use or event using space outside of principal building structures shall be required to submit a special event application. Special events may include, but are not limited to, plant sales, entertainment venues or automobile/boat shows.

(a) The special event application shall be:

(i) Obtained from the applicable Borough.

(ii) Submitted to the Borough one month prior to the proposed special event.

(b) The special event, at a minimum, shall:

(i) Be any event that has the potential to create greater traffic, congestion and/or noise than is typically caused by the principal use of the lot.

(ii) Be conducted on the same lot on which the principal use occurs.

(iii) Be directly related to the services and/or products of the principal use, unless approved by the Borough.

(iv) Not compromise the minimum number of required parking spaces for the principal use.

(c) On any lot, the cumulative number of special event days shall not exceed 30 days within any ninety-day period.

(10) All Other Accessory Activities. All other accessory buildings, structures, uses or events shall not be permitted in the required front yard or required side yards and shall be located at least 10 feet from the rear lot line. All other accessory buildings, structures, uses or events shall be located at least 10 feet from any principal building, except that a detached garage may be connected to the principal building by contiguous walls, breezeways or similar connections.

§ 2000-410 Bufferyards.

[Ord. 738, 8/18/2009]

A. Bufferyard Requirements for Side and Rear Yards.

(1) Any multi-family use adjoining a single-family residential lot.

(a) Five-foot landscaped buffer.

(b) Bufferyard shall contain two rows of planting. One row shall consist of a mixture of 50% deciduous and 50% evergreen trees at a maximum spacing of 15 feet apart, measured from the vertical centerline of adjacent trees. The other row may be a shrub or ornamental grass, maximum spacing of eight feet, taller than three feet at planting, and maintained at a height of three to six feet.

(2) Any nonresidential use in R-L or COS adjoining a single-family or multi-family residential lot.

(a) Ten-foot landscaped buffer.

(b) Bufferyard shall contain two rows of planting. Each row shall consist of a mixture of 50% deciduous and 50% evergreen trees at a maximum spacing of 12 feet apart, measured from the vertical centerline of adjacent trees.

(3) Any nonresidential use in R-M or R-H adjoining a single-family or multi-family residential lot.

(a) Ten-foot landscaped buffer.

(b) Bufferyard shall contain two rows of planting. One row shall consist of a mixture of 50% deciduous and 50% evergreen trees at a maximum spacing of 15 feet apart, measured from the vertical centerline of adjacent trees. The other row may be a shrub or ornamental grass, shoulder high.

(4) Any nonresidential use in MU or C-NC adjoining a single-family or multi-family residential lot.

(a) Five-foot landscaped buffer.

(b) Bufferyard shall contain one row of planting. The row may be a tree or shrub. If trees are used, a maximum spacing of 12 feet; if shrubs are used, a maximum spacing of five feet.

(5) Any nonresidential use in C-HC or C-BE adjoining a residential lot.

(a) Twenty-foot landscaped buffer.

(b) Bufferyard shall contain three rows of planting. One row shall consist of a mixture of 50% deciduous and 50% evergreen trees at a maximum spacing of 15 feet apart, measured from the vertical centerline of adjacent trees. The other row may be a shrub or ornamental grass, maximum spacing of 12 feet, taller than three feet at planting, and maintained at a height of three to six feet.

(6) Any nonresidential use in C-MW adjoining a single-family or multi-family residential lot.

(a) Twenty-foot landscaped buffer.

(b) Bufferyard shall contain four rows of planting. Each row shall consist of a mixture of 50% deciduous and 50% evergreen trees at a maximum spacing of 12 feet apart, measured from the vertical centerline of adjacent trees.

§ 2000-411 Vegetation Within Bufferyards.

[Ord. 738, 8/18/2009]

A. Any existing trees within the required bufferyard that are a minimum of six inches in diameter at breast height (dbh) in accordance with American Nursery Association standards shall count as required trees within the bufferyard. At no point, however, shall any existing trees and required trees be separated at a distance greater than the distance specified in the required bufferyard.

B. All trees required to be planted within the bufferyard shall be a minimum of 2 1/2 inches in diameter at breast height (dbh) in accordance with American Nursery Association standards and shall be planted in accordance with accepted landscape conservation practices. All required trees shall be a minimum of six feet in height at the time of planting as measured from the ground at the based of the tree to the top of the tree.

C. It shall be the responsibility of the landowner and/or developer to assure the continued growth of all required landscaping and/or to replace the same in the event of freezing, drought, vandalism, disease or other reasons for the discontinued growth of the required trees, shrubs and bushes.

§ 2000-412 Conflict Between Bufferyard and Yard Requirements.

[Ord. 738, 8/18/2009]

When the width of a required bufferyard is in conflict with the minimum yard requirements of Article III of the Ordinance, the greater distance shall apply. The landowner and/or developer shall adhere to the bufferyard planting requirement regardless of what the yard requirement is.

§ 2000-413 Existing Structures in Bufferyards.

[Ord. 738, 8/18/2009]

In instances where an existing building or structure houses the principal use of the lot, and is located within any required bufferyard, a bufferyard of not less than the minimum distance from the existing structure to the lot line shall be required. This reduced bufferyard width shall apply only to the yard area upon which the existing structure encroaches. If the existing building or structure is located within the required bufferyard on one side of the building or structure, the required bufferyard as determined by this Ordinance shall apply on all other yard areas. All planting requirements shall be adhered to regardless of the bufferyard width.

§ 2000-414 Stormwater Management Facilities Within Bufferyards.

[Ord. 738, 8/18/2009]

Stormwater management facilities and structures may be maintained within a bufferyard, but the existence of such facilities or structures shall not be a basis for a failure to meet the planting requirement.

§ 2000-415 Screening and Landscaping for Off-Street Parking and Service Structures.

[Ord. 738, 8/18/2009]

A. A planting strip at least five feet wide shall be provided between the edge of the right-of-way and any parking area authorized in any yard which fronts on a public or private street or roadway. Planting strips between the right-of-way and the parking area shall be suitably landscaped and maintained with ground cover, shrubbery, trees or other landscape or decorative materials across the entire frontage of the lot in order to prohibit vehicles access, except at approved ingress and egress points. Landscaping of appropriate mature heights shall not obstruct visibility for traffic entering or leaving the lot or traveling on the public street.

B. In parking areas containing more than 20 spaces, at least 20% of the interior parking area shall be landscaped with plantings including one tree for each 10 spaces.

(1) Surface Parking Area.

(a) Interior landscaping shall be required for new parking areas or expansion of existing parking areas containing more than 4,000 square feet or 10 parking spaces, which ever is lesser. Where a pre-existing parking area is altered or expanded to increase the size to 4,000 or more square feet of area or 10 or more parking spaces, interior landscaping for the entire parking area shall be provided and not merely to the extent of its alteration or expansion.

(b) One internal landscape island shall be provided for every 10 parking spaces.

(c) No more than 10 parking spaces shall be provided in an unbroken row without the provision of interior landscape islands.

(d) At least one shade tree shall be provided in each interior landscape island. The remaining area of the required interior landscape islands and/or interior landscape area shall be landscaped with shrubs or perennials, either of which should not exceed two feet in height, or with turf grass.

(e) All trees and shrubs required to be planted by this Section shall be of the minimum diameters and heights set forth in this Ordinance.

(f) There shall be a minimum distance of five feet from the edge of paving to the center of all shade trees.

(g) All landscape islands shall be enclosed by appropriate curbing or a similar device at least six inches wide and six inches in height above the paving surface.

C. Landscaping for Service Structures. All service structures shall be fully screened. For the purposes of this subsection, service structures shall include propane tanks, dumpsters, air conditioning units and condensers, electrical transformers and other equipment or elements providing service to a building or a lot.

(1) Location of Screening. A continuous planting, hedge, fence, wall or earthen mounding shall enclose any service structure on all sides unless such structure must be frequently moved, in which case screening on all but one side is required. The average height of the screening material shall be one foot more than the height of the enclosed structure, but shall not be required to exceed eight feet in height unless specified otherwise by this Ordinance. When a service structure is located next to a building wall, perimeter landscaping material may fulfill the screening requirements for that side of the service structure if that wall or screening material is of an average height sufficient to meet the height requirement set out in this Section. Although service structures are screened by plant material, such material may not count towards the fulfillment of required landscaping.

(2) Protection of Screening Material. Whenever screening material is placed around any trash disposal unit or waste collection unit that is emptied or removed mechanically on a regular basis, a fixed barrier to contain the placement of the container shall be provided within the screening material on those sides where there is such material. The barrier shall be at least 18 inches from the material and shall be of sufficient strength to prevent possible damage to the screening when the container is moved. The minimum front opening of the screening material shall be 12 feet to allow service vehicles access to the container.

§ 2000-416 Vegetation Preservation.

[Ord. 738, 8/18/2009]

Vegetation preservation is governed by the specifications in this Section and the provisions of the Pennsylvania Municipalities Planning Code.

A. Vegetation Preservation. The removal of trees, shrubbery, foliage, grass or other natural growth shall be permitted when in conformance with the provisions of this Ordinance or any other Ordinances of the Borough or Boroughs regulating land use, development and logging. The grubbing activity shall be permitted with the expressed approval of the applicable Zoning Officer.

B. Cutting and Clearing of Vegetation; Violations and Penalties.

(1) Forestry activities of timber harvesting and/or logging, whether by clear-cutting, selective cutting or other common practice, shall be permitted in any Zoning District. All forestry activities shall comply with the applicable Borough's ordinances.

(2) The cutting of trees and/or clearing of vegetation within the maximum bufferyard which would be applicable to the lot as required by this Ordinance, or within the minimum building setback as required by this Ordinance, whichever is greater, is prohibited. Grubbing activity is permitted where the purpose is to improve the appearance of the lot.

(3) In addition to any other remedy available to the Tri-Borough Communities and in the event that the construction of structures and/or infrastructure on the lot does not commence despite an approved development plan the Tri-Borough Communities Subdivision Ordinance or its designated equivalent(s) within six months of the completion of the clearing operations as determined by the Borough, a landowner and/or developer shall reforest the disturbed site in accordance with requirements for the applicable bufferyard or, if in the area of any required minimum setback not within a required bufferyard, in accordance with the spacing and planting variety specified in this Ordinance. Should this six-month period fall during a season not conducive to planting, the applicable Borough may permit the landowner, and/or developer to delay this reforestation until a time more conducive to growth, but shall commence no later than April 1. Furthermore, at the time of the development plan or plat approval, the applicable Borough shall require that a performance bond be provided, in the favor of said Borough, to guarantee this reforestation, in an amount approved by the applicable Borough Engineer. The lot must be reforested with a species comparable to the predominant species on the lot prior to the commencement of the clearing operations.

§ 2000-417 Basement Structures.

[Ord. 738, 8/18/2009]

Occupancy of a basement or foundation structure prior to the completion of the overall building or structure shall not be permitted.

§ 2000-418 Temporary Construction Trailers or Sheds.

[Ord. 738, 8/18/2009]

Temporary construction trailers or sheds shall be permitted in all Zoning Districts subject to the following conditions:

A. Temporary construction trailers or sheds shall be permitted only during the period that the construction work is in progress. A permit for the temporary structure shall be obtained from the applicable Zoning Officer prior to the commencement of construction and shall be renewed every six months.

B. Temporary construction trailers or sheds shall be located on the lot on which the construction is progressing and shall not be located within 10 feet of any lot line adjoining an existing residential use.

C. Temporary construction trailers or sheds shall be used only as temporary field offices and for storage of incidental equipment and supplies and shall not be used for any dwelling use.

D. A temporary construction trailer may be permitted for use as a sales center for residential lots. The maximum gross floor area of such a temporary sales center shall be 500 square feet. A permit for the temporary trailer shall be obtained from the applicable Zoning Officer.

E. No combustible materials shall be stored in temporary construction trailers or sheds.

§ 2000-419 Outdoor Display and Storage.

[Ord. 738, 8/18/2009]

A. Except for retail/wholesale landscape centers, building supply, auto dealers 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 said businesses, outside display and storage areas shall be completely enclosed by a security fence and shall be screened by fence or hedge which is at least six feet in height and is 100% opaque unless otherwise defined by this Ordinance.

B. Outside display and storage that is located with any parking lot or any other portion of the lot shall be required to submit a special event application as defined in this Ordinance.

C. Any material or equipment stored outside an enclosed building shall be incidental to the principal use of the lot and shall be stored to the rear of the building or an alternative location which screens the display/storage area from public view from the street or from any adjacent residential use.

D. 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 feet in height.

§ 2000-420 Signage.

[Ord. 738, 8/18/2009; as amended by Ord. No. 786, 3/19/2019]

A. 

Purpose. Signage regulations shall govern and control the erection, rehabilitation, enlargement, illumination, animation and maintenance of all signs which are listed as permitted uses within the Tri-Borough communities. These regulations are intended to:

(a) Encourage sound practices with respect to size, spacing, lighting, type and placement of signs for the purpose of safeguarding and enhancing properties in each of the various types of zoning districts;

(b) Provide an environment which will promote the orderly growth and development of business and industry in communities;

(c) Protect public investment in public structures, open spaces and thoroughfares;

(d) Promote the safety and welfare of the community;

(e) Promote achievement of the purpose and intention of this Ordinance; and

(f) Where standards may conflict, the more restrictive standard shall apply.

§ 2000-420.1 General Provisions.

[Added by Ord. No. 786, 3/19/2019]

420.1.1 Conformance to codes. Any sign hereafter erected shall conform to the provisions of this ordinance and the provisions of the International Building Code and of any other ordinance or regulation within this jurisdiction.

420.1.2 Signs in rights-of-way. Signs other than an official traffic sign or similar sign shall not be erected within two feet (610 mm) of the lines of any street, or within any public way, unless specifically authorized by other ordinances or regulations of this jurisdiction or by specific authorization of the code official.

420.1.3 Projections over public ways. Signs projecting over public walkways shall be permitted to do so only subject to the projection and clearance limits either defined herein or, if not so defined, at a minimum height of eight feet (2,438 mm) from grade level to the bottom of the sign. Signs, architectural projections or sign structures projecting over vehicular access areas must conform to the minimum height clearance limitations imposed by the jurisdiction for such structures.

420.1.4 Traffic visibility. Signs or sign structures shall not be erected at the intersection of any street in such a manner as to obstruct free and clear vision, nor at any location where by its position, shape or color it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device.

420.1.5 Computation of frontage. If premises contain walls facing more than one property line or encompasses property frontage bounded by more than one street or other property usages, the sign area(s) for each building wall or property frontage will be computed separately for each building wall or property line facing a different frontage. The sign area(s) thus calculated shall be permitted to then be applied to permitted signs placed on each separate wall or property line frontage.

420.1.6 Computation methodology.

a) Computed Area of a Sign.

1) The computed area for a sign with more than one face shall be determined by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces.

2) In computing square foot area of a double-faced sign, only one side shall be considered, provided both faces are identical. If the interior angle formed by the two faces of the double- faced sign is greater than 45°, then both sides of such sign shall be considered in calculating the sign area.

b) Computation of frontage.

1) If premises contain walls facing more than one property line or encompasses property frontage bounded by more than one street or other property usages, the sign area(s) for each building wall or property frontage will be computed separately for each building wall or property line facing a different frontage. The sign area(s) thus calculated shall be permitted to then be applied to permitted signs placed on each separate wall or property line frontage.

420.1.7 Animation and changeable messages. Animated signs, except as prohibited in § 2000-420.3, are permitted in commercial and industrial zones only. Changeable signs, manually activated, are permitted for nonresidential uses in all zones. Changeable signs, electrically activated, are permitted in all nonresidential zones.

420.1.8 Maintenance, repair and removal. Every sign permitted by this ordinance shall be kept in good condition and repair. Where any sign becomes insecure, in danger of falling or is otherwise deemed unsafe by the code official, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this ordinance, the owner thereof or the person or firm using same shall, upon written notice by the code official forthwith in the case of immediate danger, and in any case within not more than 10 days, make such sign conform to the provisions of this ordinance, or shall remove it. If within 10 days the order is not complied with, the code official shall be permitted to remove or cause such sign to be removed at the expense of the owner and/or the user of the sign.

420.1.9. Obsolete sign copy. Any sign copy that no longer advertises or identifies a use conducted on the property on which said sign is erected must have the sign copy covered or removed within 30 days after written notification from the code official; and upon failure to comply with such notice, the code official is hereby authorized to cause removal of such sign copy, and any expense incident thereto shall be paid by the owner of the building, structure or ground on which the sign is located.

420.1.10. Nonconforming signs. Any sign legally existing at the time of the passage of this ordinance that does not conform in use, location, height or size with the regulations of the zone in which such sign is located, shall be considered to be a legal nonconforming use or structure and shall be permitted to continue in such status until such time as it is either abandoned or removed by its owner, subject to the following limitations:

1. Structural alterations, enlargement or re-erection are permissible only where such alterations will not increase the degree of nonconformity of the signs.

2. Any legal nonconforming sign shall be removed or rebuilt without increasing the existing height or area if it is damaged, or removed if allowed to deteriorate to the extent that the cost of repair or restoration exceeds 50% of the replacement cost of the sign as determined by the code official.

3. Signs that comply with either Item 1 or 2 need not be permitted.

§ 2000-420.2 Exempt Signs.

[Added by Ord. No. 786, 3/19/2019]

The following signs shall be exempt from the provisions of this chapter. Signs shall not be exempt from Section 420.1.4.

1. Official notices authorized by a court, public body or public safety official.

2. Directional, warning or information signs authorized by federal, state or municipal Governments.

3. Memorial plaques, building identification signs and building cornerstones where cut or carved into a masonry surface or where made of noncombustible material and made an integral part of the building or structure.

4. The flag of a government or noncommercial institution, such as a school.

5. Religious symbols and seasonal decorations.

6. Works of fine art displayed in conjunction with a commercial enterprise where the enterprise does not receive direct commercial gain.

7. Street address signs and combination nameplate and street address signs that contain no advertising copy and that do not exceed six square feet (0.56 m2) in area.

§ 2000-420.3 Prohibited Signs.

[Added by Ord. No. 786, 3/19/2019]

The following devices and locations shall be specifically prohibited:

1. No signs may be erected and maintained in any District unless in compliance with the provisions of this Ordinance and any and all other ordinances and regulations of joint ordinances or regulations of the Tri-Borough communities.

2. No sign shall exist unless kept in good condition and repair, and not allowed to become dilapidated. Each sign shall be removed within 30 days when the circumstances leading to its erection no longer apply.

3. Advertising signs are prohibited except in C-HC, as hereafter regulated.

4. Business signs are prohibited except MV, C-NC and C-HC as hereinafter regulated.

5. No sign shall be erected closer than five feet from any underground utility line. Underground utilities shall be confirmed through PA-One Call prior to erection.

6. Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal or device, or obstruct or interfere with a driver's view of approaching, merging or intersecting traffic.

7. Except as provided for elsewhere in this code, signs encroaching on or overhanging public right-of-way. Signs shall not be attached to any utility pole, light standard, street tree or any other public facility located within the public right-of-way.

8. Signs that blink, flash, or are animated by lighting in any fashion that would cause such signs to have the appearance of traffic safety signs and lights, or municipal vehicle warnings from a distance.

9. Portable signs except as allowed for temporary signs.

10. 

Any sign attached to, or placed on, a vehicle or trailer parked on public or private property, except for signs meeting the following conditions:

a. The primary purpose of such a vehicle or trailer is not the display of signs.

b. The signs are magnetic, decals or painted on an integral part of the vehicle or equipment as originally designed by the manufacturer, and do not break the silhouette of the vehicle.

c. The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets where applicable, and actively used or available for use in the daily function of the business to which such signs relate.

11. Vehicles and trailers are not used primarily as static displays, advertising a product or service, nor utilized as storage, shelter or distribution points for commercial products or services for the general public.

12. Balloons, streamers or pinwheels except those temporarily displayed as part of a special sale, promotion or community event. For the purposes of this subsection, "temporarily" means not more than 20 days in any calendar year.

§ 2000-420.4 Permits and Fees.

[Added by Ord. No. 786, 3/19/2019]

Permits and fees related to signage should be obtained and paid through consultation with the administration office of the applicable Borough.

§ 2000-420.5 Specific Sign Requirements.

[Ord. No. 786, 3/19/2019; Ord. No. 797, 12/19/2023]

420.5.1 Identification signs. Identification signs shall be in accordance with Sections 420.5.1.1 through 420.5.1.3.

420.5.1.1 Wall signs. Every single-family residence, multiple-family residential complex, commercial or industrial building, and every separate nonresidential building in a residential zone may display wall signs per street frontage subject to the limiting standards set forth in Table 1008.1.1(1). For shopping centers, planned industrial parks or other multiple-occupancy nonresidential buildings, the building face or wall shall be calculated separately for each separate occupancy.

TABLE 1008.1.1(1) IDENTIFICATION SIGN STANDARDS — WALL SIGNS
LAND USE	AGGREGATE AREA (square feet)
Single-family residential	3
Multiple-family residential	5
Nonresidential in a residential zone	5
Commercial and industrial	See Table 1008.1.1(2)

TABLE 1008.1.1(2) SIGN AREA
DISTANCE OF SIGN FROM ROAD OR ADJACENT COMMERCIAL OR INDUSTRIAL ZONE	PERCENTAGE OF BUILDING ELEVATION PERMITTED FOR SIGN AREA
0 to 100 feet	5
101 to 300 feet	10
Over 301 feet	15

420.5.1.2 Free-standing signs. In addition to any allowable wall signs, every single-family residential subdivision, multiple-family residential complex, commercial or industrial building, and every separate nonresidential building in a residential zone shall be permitted to display free-standing or combination signs per street frontage subject to the limiting standards set forth in Table 1008.1.2.

TABLE 1008.1.2 IDENTIFICATION SIGN STANDARDS-FREE-STANDING SIGNSa,b,c
LAND USE	NUMBER OF SIGNS	HEIGHT (feet)	AREA (square feet)	SPACING
Single-family residential	see SPACING	8	20	1 per subdivision entrance a
Multiple-family residential	see SPACING	12	32	1 per drivewaya
Nonresidential in a residential zone	1 per lot	8	20	300a
Commercial and industrial	1 per street frontage	32	180	150b

a	For subdivision or apartment identification signs placed on a decorative entry wall approved by the code official, two identification signs shall be permitted to be placed at each entrance to the subdivision or apartment complex, one on each side of the driveway or entry drive.
b	For shopping centers or planned industrial parks, two monument-style free-standing signs not exceeding 50% each of the permitted height and area, and spaced not closer than 100 feet to any other free-standing identification sign, shall be permitted to be allowed in lieu of any free-standing sign otherwise permitted in Table 1008.1.2.
c	For any commercial or industrial development complex exceeding 1,000,000 square feet of gross leasable area, or 40 acres in size, such as regional shopping centers, auto malls or planned industrial parks, one free-standing sign per street front shall be permitted to be increased in sign area by up to 50%.

420.5.1.3 Directional signs. Not more than two directional signs shall be permitted per street entrance to any lot. There shall be no limit to the number of directional signs providing directional information interior to a lot. In residential zones, the maximum area for directional signs shall be four square feet. For all other zones, the maximum area for any directional sign visible from adjacent property or rights-of-way shall be 16 square feet. Not more than 25% of the area of any directional sign shall be permitted to be devoted to business identification or logo, which area shall not be assessed as identification sign area.

420.5.2 Temporary signs.

420.5.2.1 Real estate signs. Real estate signs shall be permitted in all zoning districts, subject to the following limitations:

a) Real estate signs shall be permitted in all zoning districts, subject to the following limitations:

b) Real estate signs located on a single residential lot shall be limited to one sign, not greater than six feet in height and six square feet in area.

c) Real estate signs advertising the sale of lots located within a subdivision shall be limited to one sign per entrance to the subdivision, and each sign shall be no greater than 35 square feet in area nor 10 feet in height. All signs permitted under this section shall be removed within 10 days after sale of the last original lot.

d) Real estate signs advertising the sale or lease of space within commercial or industrial buildings shall be no greater than six square feet in area nor eight feet in height, and shall be limited to one sign per street front.

e) Real estate signs advertising the sale or lease of vacant commercial or industrial land shall be limited to one sign per street front, and each sign shall be no greater than 12 feet in height, and 20 square feet for property of 10 acres (40,470 m2) or less, or 100 square feet (9.3 m2) for property exceeding 10 acres (40,470 m2).

f) Real estate signs shall be removed not later than 10 days after execution of a lease agreement in the event of a lease, or the closing of the sale in the event of a purchase.

Use	Aggregate Area (s.f.)	Max Height	Number of Signs	Other Restrictions
Single Residential	6	6'	1 Real Estate Sign	Removed not later than 2 days after execution of a lease agreement in the event of a lease, or the closing of a sale in the event of a purchase
Subdivision	35	10'	1 Per Entrance	Removed within 10 days of last original lot
Sale or Lease, Commercial or Industrial	6	8'	1 Per Street Front	Removed not later than 2 days after execution of a lease agreement in the event of a lease, or the closing of a sale in the event of a purchase
Sale or Lease of Vacant Commercial or Industrial	20 (10 acres or less), 100 s.f.>100 acres	12'	1 Per Street Front
Development & Construction
Single Residential	12	8'	1 Per Residence	Development and construction signs may not be displayed until after the issuance of construction permits by the building official, and must be removed not later than 24 hours following issuance of an occupancy permit for any or all portions of the project
Subdivision	35	10'	1 Per Entrance
Sale or Lease, Commercial or Industrial	20	12'	1 Per Street Front
Sale or Lease of Vacant Commercial or Industrial	35	12'	1 Per Street Front

420.5.2.2 Development and construction signs. Signs temporarily erected during construction to inform the public of the developer, contractors, architects, engineers, the nature of the project or anticipated completion dates, shall be permitted in all zoning districts, subject to the following limitations:

a) Such signs on a single residential lot shall be limited to one sign, not greater than eight feet in height and 12 square feet in area.

b) Such signs for a residential subdivision or multiple residential lots shall be limited to one sign, at each entrance to the subdivision or on one of the lots to be built upon, and shall be no greater than 10 feet in height and 35 square feet in area.

c) Such signs for nonresidential uses in residential districts shall be limited to one sign, and shall be no greater than 10 feet in height and 20 square feet in area.

d) Such signs for commercial or industrial projects shall be limited to one sign per street front, not to exceed 12 feet in height and 20 square feet for projects on parcels five acres (20,235 m2) or less in size, and not to exceed 12 feet in height and 35 square feet for projects on parcels larger than five acres (20,235 m2).

e) Development and construction signs may not be displayed until after the issuance of construction permits by the building official, and must be removed not later than 24 hours following issuance of an occupancy permit for any or all portions of the project.

420.5.2.3 Special promotion, event and grand opening signs. Signs temporarily displayed to advertise special promotions, events and grand openings shall be permitted for nonresidential uses in a residential district, and for all commercial and industrial districts subject to the following limitations:

1. Such signs shall be limited to one sign per street front.

2. Such signs shall be displayed for not more than 30 consecutive days in any three-month period, and not more than 60 days in any calendar year. The signs shall be erected not more than five days prior to the event or grand opening, and shall be removed not more than one day after the event or grand opening.

420.5.2.4 Special event signs in public ways. Signs advertising a special community event shall not be prohibited in or over public rights-of-way, subject to approval by the code official as to the size, location and method of erection. The code official may not approve any special event signage that would impair the safety and convenience of use of public rights-of-way, or obstruct traffic visibility.

420.5.2.5 Portable signs. Portable signs shall be permitted only in the Commercial, Mixed-Use, and Transportation districts, as designated in this code, subject to the following limitations:

1. Not more than one such sign shall be displayed on any property.

2. Such signs shall be displayed not more than 20 days in any calendar year.

3. Any electrical portable signs shall comply with NFPA 70, as adopted in this jurisdiction.

4. Portable signs shall not be displayed prior to obtaining a sign permit.

420.5.2.6 Political signs. Political signs shall be permitted in all zoning districts, subject to the following limitations:

1. Such signs for election candidates or ballot propositions placed in public areas and rights-of-way shall be displayed only for a period of 60 days preceding the election, primary election or general election, and shall be removed within 10 days after the election.

2. Such signs placed in any public area or right-of-way shall not impede pedestrian rights-of-way or obstruct vehicular visibility.

420.5.3 Requirements for specific sign types.

420.5.3.1 Canopy and marquee signs.

1. The permanently-affixed copy area of canopy or marquee signs shall not exceed an area equal to 25% of the face area of the canopy, marquee or architectural projection on which such sign is affixed or applied.

2. Graphic striping, patterns or color bands on the face of a building, canopy, marquee or architectural projection shall not be included in the computation of sign copy area.

420.5.3.2 Awning signs.

1. The copy area of awning signs shall not exceed an area equal to 25% of the background area of the awning or awning surface to which such a sign is affixed or applied, or the permitted area for wall or fascia signs, whichever is less.

2. Neither the background color of an awning, nor any graphic treatment or embellishment thereto such as striping, patterns or valances, shall be included in the computation of sign copy area.

420.5.3.3 Projecting signs.

1. Projecting signs shall be permitted in lieu of freestanding signage on any street frontage limited to one sign per occupancy along any street frontage with public entrance to such an occupancy.

2. Such sign shall not extend vertically above the highest point of the building facade on which it is mounted in accordance with signage ordinance provisions.

3. Such signs shall not extend over a public sidewalk.

420.5.3.4 Under canopy signs.

1. Under canopy signs shall be limited to not more than one such sign per public entrance to any occupancy.

2. Such signs shall maintain a clear vertical distance above any sidewalk or pedestrian way.

420.5.3.5 Window signs. Window signs shall be permitted for any nonresidential use in a residential district, and for all commercial and industrial districts, subject to the following limitations:

1. The aggregate area of all such signs shall not exceed 25% of the window area on which such signs are displayed. Window panels separated by muntins or mullions shall be considered to be one continuous window area.

2. Window signs shall not be assessed against the sign area permitted for other sign types.

420.5.3.6 Menu boards. Menu board signs shall not be permitted to exceed 50 square feet (4.6 m2).

§ 2000-420.6 Signs for Development Complexes.

[Added by Ord. No. 786, 3/19/2019]

420.6.1 Master sign plan required. Landlord or single-owner controlled multiple-occupancy development complexes on parcels exceeding eight acres (32,376 m2) in size, such as shopping centers or planned industrial parks, shall submit to the code official a master sign plan prior to issuance of new sign permits. The master sign plan shall establish standards and criteria for all signs in the complex that require permits, and shall address, at a minimum, the following:

1. Proposed sign locations.

2. Materials.

3. Type of illumination.

4. Design of free-standing sign structures.

5. Size.

6. Quantity.

7. Uniform standards for nonbusiness signage, including directional and informational signs.

420.6.2 Development complex sign. In addition to the freestanding business identification signs otherwise allowed by this ordinance, every multiple-occupancy development complex shall be entitled to one free-standing sign per street front, at the maximum size permitted for business identification free-standing signs, to identify the development complex. Business identification shall not be permitted on a development complex sign. Any free-standing sign otherwise permitted under this ordinance may identify the name of the development complex.

420.6.3 Compliance with master sign plan. Applications for sign permits for signage within a multiple-occupancy development complex shall comply with the master sign plan.

420.6.4 Amendments. Any amendments to a master sign plan must be signed and approved by the owner(s) within the development complex before such amendment will become effective.

§ 2000-420.6 General Sign Types - Figures.

[Added by Ord. No. 786, 3/19/2019]

Sign types and the computation of sign area shall be as depicted in Figures 1003.1(1) through 1003.1(4).

§ 2000-421 Hospital Overlay.

[Ord. 738, 8/18/2009]

A. Purpose. The purpose of the Hospital Overlay District is to promote the health, safety and general welfare of the community through guiding the development and use of hospital facilities and related medical facilities and services while minimizing potential adverse impacts upon nearby residential and other premises. These purposes are to be achieved by establishing controls specifically for hospital and medically-related uses at locations where either such uses already exist or they would be appropriate because of access and proximity to the existing hospital facility.

B. Scope of Authority. The Hospital Overlay District is depicted on the Zoning Map and is superimposed over underlying Zoning Districts. The regulations of this overlay district shall govern new construction, reconstruction or expansion of new or existing hospital and medical buildings and uses (enumerated in §§ 1209 and 1210), regardless of whether the requirements of this Article are more or less restrictive than those of the underlying Zoning District at this location. Where requirements are not addressed in this Article, the provisions of the underlying Zoning Districts shall continue to govern. The regulations in this Article shall not apply to new or existing building and uses that are permitted and conditional under the underlying Zoning District. These buildings and uses shall continue to meet all requirements established for the underlying district.

§ 2000-421.1 Permitted Uses.

[Ord. 738, 8/18/2009]

In addition to the uses permitted in the underlying Zoning District(s), the following uses shall be allowed in the Hospital Overlay District as a matter of right:

A. Hospital.

B. Office, medical.

C. Life care facility.

D. Medical clinic.

E. Pharmacy.

F. The following facilities where ancillary to and contained within a hospital:

(1) Gift shop.

(2) Cafeteria.

(3) Day care center.

G. Accessory buildings and uses, such as parking areas or lots.

§ 2000-421.2 Conditional Uses.

[Ord. 738, 8/18/2009]

A. Public garage.

B. Parking lot that is not an accessory use.

§ 2000-421.3 Prohibited Uses.

[Ord. 738, 8/18/2009]

All uses, not specifically allowed as a permitted or conditional use in the Hospital Overlay District or the underlying Zoning District, are prohibited within this District.

§ 2000-421.4 Development Uses.

[Ord. 738, 8/18/2009]

The following setback, lot coverage and building height requirements shall apply in place of those of the underlying district:

A. Setbacks.

(1) Minimum front yard setback: 30 feet for buildings with one or two stories; 40 feet for three stories.

(2) Minimum side yard setback: 15 feet.

(3) Minimum rear yard setback: 30 feet for buildings with one or two stories; 40 feet for three stories.

(4) Where adjacent lots are under common ownership of a hospital, the setbacks from lot lines shared with other hospital-owned lots may be eliminated.

B. Maximum lot coverage: 80%.

C. Maximum building height: not to exceed three stories or 45 feet, whichever is less.

§ 2000-421.5 Design Standards.

[Ord. 738, 8/18/2009]

All new construction, reconstruction or expansion of new or existing hospital and medical buildings and uses shall comply with the following additional requirements:

A. Building material shall be durable and complement surrounding buildings. No concrete block or metallic building materials may be used.

B. Facades shall be recessed so that no more than 50 feet shall consist of a continuous unbroken plane.

C. Accessory parking lots or areas shall be located to the rear or side of buildings.

§ 2000-421.6 Landscaping and Buffers.

[Ord. 738, 8/18/2009]

The following landscaping and buffer yard requirements shall apply in the Hospital Overlay District:

A. For any building of two or more stories or any public garage, regardless of height, the setback areas shall be landscaped to soften the appearance of the building. The landscaped area shall include, at a minimum, the following plantings and/or structures for every 30 linear feet along the property line:

(1) Two shade or evergreen trees reaching at least 40 feet at maturity.

(2) One ornamental tree for every three required shade or evergreen trees.

(3) Five evergreen shrubs of at least three feet in height at planting.

(4) Where the building or public garage abuts a residential lot, a fence or continuous evergreen hedge shall be installed between the building and the landscaped area.

(5) All landscaped areas shall meet the standards for landscaping material set forth in Article IV.

B. Any parking lot shall meet the following buffer yard requirements:

(1) The parking lot shall install a perimeter buffer of at least 15 feet in width between the sidewalk and the parking spaces. The buffer yard shall be landscaped to include at least one shade or evergreen tree for every 25 feet of perimeter or fraction thereof, and a continuous evergreen, planting or hedge measuring a minimum of three feet average height at planting.

(2) Any fence in the buffer yard shall be located between the plantings and parking spaces and shall not include any barbed wire or chain link fencing materials.

(3) Interior landscaping and standards for landscaping materials shall meet all requirements of § 2000-415.B(1).

(4) Where a hospital parking lot adjoins a lot under common ownership of the hospital, the perimeter buffer yard requirements on sides sharing a lot line with other hospital-owned lots may be eliminated.

§ 2000-422 BYOB Establishment.

[Ord. 738, 8/18/2009]

A. Such establishment shall not remain open and/or transact business between the hours of 1:00 a.m. and 9:00 a.m., prevailing time of each day, and at any time on Sundays.

B. The hours of operation must be conspicuously posted at the business premises such that patrons are sufficiently apprised of the same.

C. Broad form general liability coverage of $1,000,000 per single limit occurrence must be obtained; proof of which shall be submitted with the conditional use application to the Borough Zoning Officer.

D. A valid certificate of occupancy issued by the Pennsylvania Department of Labor and Industry shall be obtained prior to receiving an occupancy permit from the applicable Borough. Such certificate shall be prominently displayed in the premises.

E. A valid amusement permit, or equivalent, pursuant to the codified ordinances of the applicable Borough must be obtained prior to occupancy and be prominently displayed in the premises.

§ 2000-423 Medical Marijuana Dispensary.

[Added by Ord. No. 779, 8/31/2017]

A medical Marijuana Dispensary shall not be located within 1,000 feet of the property line of a School, Academic; School, commercial; School, Kindergarten, Pre-, Nursery; or any other public, private or parochial school, or a Day Care Center, Child; Day Care Home, Child; or Day Care Home, (Youth).