The Borough of Springdale is hereby divided into the following districts:
R-1 | Single-family Residential |
R-2 | Multiple-family Residential |
B-1 | Business |
B-2 | Business Transitional |
I | Industrial |
C | Conservation |
S-1 | Special District, within Industrial |
A.
The boundaries of the various zoning districts are hereby established on the map entitled "Official Zoning Map" on file in the Borough office. This map with all explanatory matter thereon is hereby made a part of this chapter. The Official Zoning Map shall be dated and shall carry the signature of the President of the Borough Council and the Borough Secretary certifying that it is the true map adopted by the Council, and the map shall be sealed with the official Borough Seal. All amendments shall be identified on the map and similarly certified.
B.
The boundaries between districts are, unless otherwise indicated, either the center line of streets or such lines extended, or parallel lines thereto, or property lines, or other physical boundaries and delineations. Where streets, property lines, or other physical boundaries and delineations are not applicable, boundaries shall be determined by scale shown on the Official Zoning Map.
C.
Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or in other circumstances not specifically covered above, the Zoning Hearing Board shall interpret the district boundaries.
D.
In the event that a street, alley or other way shown on the Zoning District Map is vacated, the property formerly in said street right-of-way shall be included within the zoning district of the adjoining property on either side of said vacated street or way. Where said street forms a zoning district boundary, the new district boundary shall be the new property line created by the former center line of said vacated street.
A.
Yard and area requirements for the zoning districts established by this chapter shall be as set forth in the table of yard and area requirements at the end of this article.
B.
Any portion of a lot designated as a "yard" or "lot" in compliance with the yard and area requirements of this article shall not be counted again as a required yard or lot area for another lot or building. Any portion of a lot which is reserved for streets shall not be used in calculating yard and area requirements.
C.
Lots which abut more than one street shall provide the required front yards along each street.
D.
A buttress, chimney, cornice, pier or pilaster, projecting no more than 12 inches from the building wall and for no more than five feet in width, may project into a required yard.
Permitted and conditional uses for the zoning districts established by this chapter shall be as provided in the following sections corresponding to each zoning district.
A.
Purpose. The R-1 District is intended exclusively for single-family homes. Conditional uses such as schools, churches and home occupations are allowed, provided they meet the conditional use criteria of the chapter.
A.
Purpose. The R-2 District is intended for single- and two-family homes. Dwellings for more than two families and group residences are allowed, in addition to the conditional uses authorized in the R-1 District, provided they meet the conditional use criteria of this chapter.
C.
Conditional uses. The following uses are allowed as conditional uses, subject to the requirements of Article V of this chapter:
(1)
Multifamily dwellings (three or more dwelling units).
(2)
Schools.
(3)
Churches or places of worship.
(5)
Recreational facilities.
(7)
Conversion of schools, churches or places of worship to residences, subject to the residential conversion provisions of Article V of this chapter.
A.
Purpose. This district provides for a broad range of retail and service commercial uses and offices typical of a community's central business area. Businesses in this district should be compatible in terms of general market and operating characteristics.
B.
Permitted uses. The following uses are permitted in the B-1 District:
(1)
Shopper's convenience and general retail uses, such as food, drugs, bakery, apparel, hardware, appliances, furniture, jewelry, and specialty shops.
(2)
Personal services, such as barber and beauty shops, laundry and cleaning (no processing on premises), or repair of appliances or other items.
(3)
Business and personal services, such as financial institutions, insurance/real estate offices, printing and copying, computer and data processing, video sales and rental.
(4)
Business and professional offices.
(5)
Offices of doctors, dentists, therapists or other practitioners of the healing arts.
(6)
Veterinary offices and animal hospital.
(7)
Eating and drinking establishments.
(8)
Funeral homes.
(9)
Retail building materials, plumbing, heating, and electrical sales and services.
(10)
Contractors' offices (excluding exterior storage).
(11)
Private clubs and fraternal organizations.
(12)
Public facilities or buildings such as parks, noncommercial recreational facilities, government buildings and fire halls.
(13)
Customary accessory uses, such as parking or enclosed storage, to permitted users.
(14)
Private or public stand-alone parking lot.
C.
Conditional uses. The following uses are allowed as conditional uses, subject to the requirements of Article V of this chapter:
(1)
Single-, two-family or multifamily dwellings as accessory to a commercial structure.
(2)
Commercial recreation uses, such as bowling, racquet sports, and exercise clubs.
(3)
Theaters.
(4)
Gasoline service stations, automotive repair facilities and car washes.
(5)
Motor vehicle, mobile home, and boat sales and service facilities.
(6)
Beverage distributors.
(7)
Hotels and motels.
(8)
Schools.
(9)
Churches or places of worship.
(10)
Day-care facilities, subject to the provisions for day-care facilities in Article V of this chapter.
(11)
Group residences, boarding homes, nursing homes and institutional facilities.
(12)
Amusement arcades.
A.
Purpose. The B-2 District is intended to serve as a zone of transition from residential to business uses. Single- and two-family homes are allowed as permitted uses. Multifamily dwellings and some business uses are allowed, provided they meet the conditional use criteria of the chapter.
C.
Conditional uses. The following uses are allowed as conditional uses, subject to the requirements of Article V of this chapter.
(1)
Multifamily dwellings (three or more dwelling units).
(2)
Schools.
(3)
Churches or places of worship.
(5)
Recreational facilities.
(7)
Conversion of schools, churches or places of worship to residences, subject to the residential conversion provisions of Article V of this chapter.
(8)
Group residences, boarding homes, nursing homes and institutional facilities, subject to the provisions for these uses in Article V of this chapter.
(10)
Off-street parking to accommodate any use in any districts.
(11)
Conversion of existing dwellings to any of the following business uses, subject to the business conversion provisions of Article V of this chapter:
(a)
Personal services, such as barber and beauty shops, laundry and cleaning (no processing on premises) or repair of appliances or other items.
(b)
Business and personal services, such as financial institutions, insurance/real estate offices, printing and copying, computer and data processing, and video sales and rental.
(c)
Business and professional offices.
(d)
Offices of doctors, dentists, therapists or other practitioners of the healing arts.
(e)
Funeral homes.
A.
Purpose. This district identifies suitable areas for new and expanded industrial uses which comply with the performance standards of this chapter and which are consistent with the predominately residential development in Springdale Borough.
B.
Permitted uses. The following uses are permitted in the "I" District:
(1)
Industrial uses, including but not limited to production, processing, testing, repair or servicing of building materials, chemicals and chemical products, furniture and fixtures, glass and glass products, paint and solvents, rubber and plastics, and tools, forms and dies.
(2)
Building supplies and equipment sales and services.
(3)
Building contractors' offices and equipment storage.
(4)
Wholesale and distribution, including warehousing, parcel delivery, storage and beverage bottling.
(5)
Vehicular repair garages.
(6)
Animal hospitals and kennels.
(7)
Railway facilities and terminals.
(8)
Public facilities or buildings.
(9)
Public and private utility uses or structures.
(10)
Customary accessory uses, including business offices, retail sales incidental to the principal use, storage areas, snack bar or cafeteria, signs and parking/loading areas. (See Article IV.)
(11)
Manufacturing, fabricating, processing or servicing of food and kindred products, stone, clay, glass and concrete products, fabricated metal products, machinery, electrical and electronic machinery, equipment and supplies and transportation equipment.
(12)
Garages for storage of motor vehicles.
(13)
Obscenity and pornography, live film theaters, massage parlors and model studios.
C.
Conditional uses. The following uses are allowed as conditional uses, subject to the requirements of Article V of this chapter:
(1)
Outdoor storage of motor vehicles.
(2)
Uses not specifically listed as permitted or conditional uses in any zoning district, providing the requirements of Article V of this chapter are met.
(3)
Sexually oriented business.
[Added 1-27-2015 by Ord. No. 1238]
(a)
Classification. Sexually oriented businesses are defined in § 490-7, Definitions, and are classified as follows:
(b)
Regulations pertaining to exhibition of sexually explicit films or videos.
[1]
A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of fewer than 150 square feet of floor space a film or videocassette, or other video or other image production or reproduction, which depicts specified sexual activities or specified anatomical areas shall comply with the following requirements:
[a]
The application for a permit to operate a sexually oriented business shall be accompanied by a floor plan and plot plan diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all viewing rooms, partitions and doors and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram, in the nature of an engineer's or architect's blueprint, shall not be required; however, each diagram should be oriented to the north or to some designated street or dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Zoning Officer may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
[b]
The applicant shall be sworn to be true and correct by the applicant.
[c]
No alteration in the configuration or location of a manager's station may be made without the prior approval of the Zoning Officer or designee.
[d]
It is the duty of the owners and operators of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
[e]
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction or viewing equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manger's stations.
[f]
It shall be the duty of the owners and operators, and it shall also be the duty of any agents and employees present on the premises, to ensure that the view as specified in Subsection C(3)(b)[1][e] remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection C(3)(b)[1][a] of this section.
[g]
No viewing room may be occupied by more than one person at any time. No connections or openings to an adjoining viewing room shall be permitted.
[h]
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level.
[i]
It shall be the duty of the owners and operators and it shall also be the duty of any agents and employees present in the premises to ensure that illumination described above is maintained at all times that any person is present in the premises.
(c)
Exemptions. It is a defense to prosecution under the above sections that a person appearing in a state of nudity did so in a modeling class operated:
[1]
By a proprietary school, licensed by the Commonwealth of Pennsylvania, or a college, junior college, or university supported entirely or partly by taxation;
[2]
By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
[3]
In a structure:
[a]
Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
[b]
Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and
[c]
Where no more than one nude model is on the premises at any one time.
(d)
Injunction. A person who operates or causes to be operated a sexually oriented business without a valid permit or in violation of this chapter is subject to an action in equity or a suit for injunction as well as citations for violations of this chapter.
(e)
Existing sexually oriented businesses. Any existing business that would qualify under this chapter shall have one year from the time of enactment to come into compliance with this chapter.
(f)
Decisions of the Zoning Officer. With exception of the issuance of the sexually oriented business permit, which appeal/hearing procedure is set forth in the above section of this chapter, any decision of the Zoning Officer made under any of the provisions set forth herein shall be immediately appealable to the Zoning Hearing Board. Appeals to the Zoning Hearing Board shall be made within 10 days of the date of the decision of the Zoning Hearing Officer. The Zoning Hearing Board shall thereafter consider the appeal at its next regularly scheduled meeting occurring at least 10 days after notice of appeal or, in the event there are no regularly scheduled meetings there, within the next 30 days of the notice of appeal. The Zoning Hearing Board shall render a decision to affirm or override the decision of the Zoning Officer within 60 days after receipt of the notice of appeal. In the event no decision is rendered within 60 days of receipt of the notice of the appeal, the decision of the Zoning Officer shall be deemed to be overruled. The business may continue in operation, pending the decision of the Zoning Hearing Board.
A.
Purpose. This district includes natural and environmentally sensitive areas, such as floodplains, parks and recreation areas or steep slopes, which require special regulations to assure their protection, preservation, and/or safe use.
B.
Permitted uses. The following uses are permitted in the "C" District:
(1)
Parks, recreation areas and historic sites which are open to the general public.
C.
Conditional uses. The following uses are permitted, subject to the requirements of Article V of this chapter, Chapter 266, Floodplain Management, or other applicable federal, state, and local regulations:
(1)
Parks, recreation areas and historic sites which are not open to the general public.
(2)
River-oriented recreation and commercial uses adjacent to the Allegheny River, such as marinas, boat docks, storage and launching facilities, fishing piers or areas, observation areas, restaurants, specialty shops, and similar uses.
(3)
Farming, greenhouses, plant nursery and gardens.
(4)
Accessory uses to a principal conditional use, including a residence for a security guard or custodian.
Yard and area requirements for all zoning districts are included as an attachment to this chapter.