The Borough of Springdale is hereby divided into the following
districts:
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R-1
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Single-family Residential
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R-2
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Multiple-family Residential
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B-1
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Business
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B-2
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Business Transitional
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I
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Industrial
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C
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Conservation
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S-1
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Special District, within Industrial
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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.
