A.
Permitted accessory uses. A permitted accessory use must comply with the definition of "accessory use" contained in Article II of this chapter. Examples of permitted uses are:
(1)
Garage, carport, shed or building for domestic storage.
(2)
Child's playhouse, garden house, gazebo or private greenhouse.
(3)
Private residential swimming pool or private recreational facility.
Swimming pools shall be surrounded by a fence at least four feet in
height.
(4)
Storage of merchandise normally carried in stock on the same lot
with a permitted retail, service or business use, unless such storage
is excluded by the district regulations.
(5)
Storage of goods used in or produced by manufacturing activities,
on the same lot or parcel of ground with such activities, unless such
storage is excluded by the district regulations.
(6)
Signs, where permitted by this chapter.
(7)
Off-street motor vehicle parking areas and loading and unloading
facilities.
B.
Location of accessory uses. Unless otherwise stipulated by this chapter,
the following standards shall apply:
(1)
Residential Districts (R-1, R-2).
(a)
Front yard. Accessory uses, with the exception of permitted
signs, shall not be located in the required front yard of any zoning
lot.
(b)
Side and rear yards. Accessory uses are permitted, provided they are no closer than five feet from any lot line and comply with the requirements of Subsection B(1)(c). On a corner lot, an accessory use, located in a side or rear yard, must maintain the same setback from the street right-of-way line as the principal structure.
(c)
A one-hour-fire-resistant, single-story, private garage accessory
to a residence shall be permitted if it is entered from an alley and
set back at least 2 1/2 feet from the alley and all lot lines.
(d)
A single portable storage shed of up to 100 square feet in the
rear yard of a residence shall be permitted with a minimum side and
rear yard of 2 1/2 feet. No building permit shall be required
for the shed.
(2)
Business, Industrial and Conservation Districts (B-1, B-2, I, C,
S-1)
(a)
Front yard. In addition to permitted signs which are in compliance
with this chapter, off-street parking areas are permitted in a required
front yard. The parking area must maintain a minimum three-foot, landscaped
setback from the street right-of-way or sidewalk line.
(b)
Side and rear yards. Accessory uses are permitted. If a yard
in the Industrial District abuts a Residential District, the accessory
use must maintain a minimum ten-foot setback.
(3)
No part of any accessory structure shall be located closer than 10
feet to any principal structure, unless it is attached to or forms
a part of such principal structure.
(4)
As to accessory structures and uses only, the provisions of Subsection B(1) through (3) shall control over the minimum front, side and rear yard provisions of this chapter. Accessory structures and uses shall otherwise comply with the lot coverage regulations applicable in the district in which they are located.
C.
Permit and maintenance requirements.
(1)
A building permit must be obtained from the Borough Zoning Officer
for any new, expanded or altered accessory use or structure. The owner
is responsible for maintaining the accessory use/structure in safe
condition in accordance with all applicable regulations.
(2)
If the Zoning Officer finds that an accessory structure is not being
used for its intended purpose or not being maintained, the Zoning
Officer shall give written notice to the owner to repair or remove
it within 15 days from the receipt of the notice. In the event the
owner fails to comply with the Zoning Officer's written notice,
the owner shall be considered in violation of this chapter and subject
to all penalties contained herein.
A.
Authorization. Home occupations which comply with the definitions and standards of this chapter shall be allowed as conditional uses incidental to any principal dwelling unit, subject to the requirements of Article V of this chapter.
B.
Use limitations. The following regulations shall apply to all home
occupations permitted under the provisions of this chapter:
(1)
No more than one person, other than members of the family occupying
the dwelling, shall be employed.
(2)
The use of the dwelling unit for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by
its occupants, and not more than 25% of the floor area of the dwelling
unit shall be used in the conduct of the home occupation.
(3)
There shall be no change in the outside appearance of the building
or premises, or other visible evidence of the conduct of such home
occupation, other than one sign, not exceeding one square foot in
area, nonilluminated, and mounted flush with the wall of the principal
building.
(4)
A home occupation may be conducted in a residential accessory building,
provided the building complies with all applicable state and local
regulations for such use and occupancy.
(5)
No traffic shall be generated by such home occupation in greater
volumes than would normally be expected in a residential neighborhood,
and any need for parking generated by the conduct of such home occupation
shall be met off the street and other than in a required front yard.
(6)
No equipment or process shall be used in such home occupation which
creates noise, vibration, glare, fumes, odors, or electrical interference
detectable to the normal senses off the lot. In the case of electrical
interference, no equipment or process shall be used which creates
visual or audible interference in any electronic equipment off the
premises, or causes substantial fluctuations in line voltage off the
premises.
(7)
There shall be no outdoor storage of equipment, materials, or finished
products related to the home occupation.
C.
Particular home occupations prohibited. Permitted home occupations
shall not be deemed to include:
(1)
Nursery schools, dancing schools, exercise or health centers, and
day-care centers, unless specifically permitted by the district regulations.
(2)
Funeral homes.
(3)
Eating and drinking establishments.
(4)
Animal kennels or hospitals.
(5)
Tourist homes and rooming house, unless specifically permitted by
the district regulations.
(6)
Medical or dental clinic or hospitals.
(7)
Automobile, truck, bus, or boat repairs or rental facilities.
(8)
Video game and amusement arcades.
(9)
Theatres and other entertainment and commercial recreation facilities.
Unless otherwise stipulated, the following standards shall apply.
A.
Placement, materials, height.
(1)
Fences, walls (other than retaining) or screens may be erected only
within lot boundaries in any zoning district.
(2)
A retaining wall may be erected where it is necessary to prevent
a landslide or other hazardous conditions.
(3)
A fence, wall or screen cannot be erected in a public or dedicated
right-of-way.
(4)
Solid fences may only be erected in side or rear yards. The finished
side shall face adjoining properties.
(5)
Fences, walls or screens shall not exceed seven feet in height, as
measured from the ground level at the base of the structure, except
as provided in the next subsection.
(6)
The location and height of a security fence for a school, park, public
facility or commercial or industrial use shall be established by the
Planning Commission.
B.
Performance standards for fences, walls and screens.
(1)
Fences, walls and screens as well as trees, shrubs and other plantings
are permitted in any front yard, provided they do not block a clear
view of vision for vehicular traffic.
(2)
Fences, walls or screens shall not contain barbs or similar types
of injurious hazards, unless specifically approved by the Planning
Commission for security reasons.
(3)
All planted screens required by the chapter shall be of sufficient
density and type of planting material to provide a year-round visual
barrier within two growing seasons of planting. The minimum height
shall be six feet, but the Planning Commission may require greater
or lesser height in the interest of safety or appearance.
(4)
Screening of off-street parking and loading areas shall be in accordance with § 490-23 of this chapter.
(5)
The property or business owner shall be responsible for the continuing
maintenance of any screen, fence or wall.
(6)
Water towers, storage tanks, processing equipment, fans, cooling
towers, vents and any other structures or equipment that rise above
the roofline, other than a radio or television antenna, shall be effectively
shielded from view of any public or private street by an architecturally
sound method.
C.
Permit and maintenance requirements.
(1)
A building permit must be obtained from the Zoning Officer for the
erection of any fence or screen.
(2)
If a fence, wall or screen is not maintained in a safe condition
and in accordance with Borough regulations, the Zoning Officer shall
give written notice to the owner to repair or remove the fence within
15 days of receipt of the notice. In the event the owner fails to
comply with the order, the owner shall be considered in violation
of this chapter and subject to the penalties contained herein.
(3)
If a fence, wall or screen is destroyed or deteriorates beyond 50%
of its total linear displacement, then it must be removed within 15
days of receipt of written notice from the Zoning Officer.
A.
Application. No sign shall be erected, altered, painted, relocated,
remodeled, expanded or maintained that is not in accordance with the
provisions of this chapter and all other applicable Borough ordinances.
A building permit must be obtained from the Zoning Officer prior to
erection or alteration of any sign.
B.
Permitted signs, size and placement requirements.
(1)
The following signs are permitted in all zoning districts:
(a)
Nameplates or identification signs not exceeding five square
feet and attached to a wall of the structure, which may indicate the
occupants of the structure, the use of the structure, or in the case
of a multi-occupancy structure, the name of the management agency.
(b)
Real estate signs not exceeding 12 square feet, advertising
the premises for sale or lease, which are to be removed within 20
days of the sale or lease of the premises, or when the last unit of
a multi-unit development is sold or leased.
(c)
Construction signs advertising the development or improvement
of a property by a builder, or contractor or similar person, provided
that not more than one such sign shall be permitted for a development
or property. The sign shall not exceed 12 square feet, and it shall
be removed within 15 days of the completion of work.
(2)
In "B-1", "B-2", "I", "S-1" and "C" Districts, business identification
signs are permitted for any lawful commercial or industrial establishment,
which announce the services or products sold on the premises, subject
to the following:
(a)
Number and size. Up to two signs shall be permitted for each
business establishment indicating the services or products sold on
the premises. The total sign area shall not exceed 50 square feet
in size.
(b)
Type. The principal identification sign may be any one or two
of the following types: a wall sign attached to a main building; an
awning or canopy sign; or a sign painted or permanently applied to
the glass surface of window openings only.
(c)
Wall signs. If attached to the structure, a sign shall be attached to a front or side wall of the building, parallel or perpendicular to the facade of the building, and in compliance with Chapter 225, Construction Codes, Uniform. Signs shall be erected so that all portions of the sign are at least nine feet above grade at the entrance to the establishment.
(d)
Permanent window graphics. If a business sign is permanently
applied to the window, it shall not exceed more than 30% of the total
window area.
(e)
Double frontage. Where a business establishment fronts on more than one public street, it may locate one sign on each street frontage; each sign shall comply with the size limitations in Subsection B(2)(a) above. The permissible sign size for one frontage shall not be combined with that for another frontage for the purpose of placing the combined sign area on one frontage.
(f)
Multiple-occupancy buildings.
[1]
Where several businesses or uses occupy a building, each business
shall be entitled to a share of the building's allowable sign
area, which share shall be equal to the proportionate amount of the
floor area that the business leases to the total leasable floor area
of the building.
[2]
Businesses that occupy upper floors or basement areas may also
post a sign in a window, or painted on a window, which shall not exceed
six square feet in area.
[3]
Nameplates, not exceeding five square feet in area, identifying
building occupants may also be attached to a wall of the structure
adjacent to the principal entrance or permanently painted or applied
to a window in the door of the structure.
[4]
It shall be the responsibility of the owner or management agent
of a multiple-occupancy building to provide all occupants with suitable
sign space that is consistent with the provisions of this chapter.
The failure of the owner/agent to do so shall not constitute a basis
for granting a variance to any sign requirements.
(g)
Incidental, temporary window signs. Incidental signs which announce
brand-name products sold on the premises, credit cards accepted, official
notices required by law, or trade affiliations, or temporary signs
announcing special business promotional activities are permitted to
be displayed in store windows, provided that, at any one time, they
do not exceed 30% of the establishment's total window area, including
any permanent window graphics.
(3)
In "B-1" and "I" and "S-1" Districts, in addition to one or two of the signs allowed by Subsection B(2)(a) through (g), a business may have one free-standing sign, subject to the following requirements:
(a)
A free-standing sign shall be set back a minimum of four feet
from the street right-of-way and at least 10 feet from any side lot
line. No free-standing sign shall be closer than 25 feet to any other
free-standing sign that is six square feet or more in size.
(b)
A free-standing sign shall not exceed 32 square feet in area
and five feet in height, as measured from ground level at the base
of, or below, the sign to the highest element of the sign.
(c)
A free-standing sign shall not obstruct clear sight distance
at any street or driveway intersection and shall not obstruct free
movement on sidewalks.
(4)
Billboards, or outdoor advertising signs, which are not related to
the use of the property on which they are located, shall be permitted
only in "I" Districts. Only one such sign shall be permitted per property
or lot, and it shall not exceed 40 square feet in area and shall comply
with the setback and height standards for "I" Districts. No billboard
shall be placed so as to face a lot on the same street on which a
church, public use or building, park, playground, scenic area, or
river frontage is located.
C.
Additional sign requirements. The following requirements shall apply
to all signs in all zoning districts:
(1)
Rotating free-standing signs, swinging signs, or signs projecting over a roadway are prohibited. Banners, pennants, searchlights, twirling signs, sandwich board signs, sidewalk or curb signs, balloons or other gas figures shall not be used on a permanent basis. Flags are prohibited, except as provided in Subsection D.
(2)
Fluorescent signs and signs that are animated or have flashing illumination
are prohibited in all districts.
(3)
Signs may be illuminated internally, indirectly, by floodlights,
or by neon-tube illumination. Illuminated signs shall be designed
and placed so as not to interfere with, distract, confuse or blind
operators of motor vehicles. Floodlighting shall be placed so that
it is not visible from any point off the lot and only the sign is
directly illuminated.
(4)
No sign shall be attached to any tree or utility pole on public property.
(5)
No sign shall be erected upon or applied to any roof or project above
the cornice line of a flat roof or above the gutter line of a sloped-roof
building. No sign shall project onto private property not owned by
the owner of the sign.
(6)
No free-standing sign shall obstruct safe, clear sight distance at
any street or driveway intersection. No free-standing sign shall have
more than two faces; sign areas stated in this chapter shall be the
maximum for one face. All free-standing permanent signs shall be set
permanently in concrete to a depth of at least three feet.
(7)
Every authorized sign must be constructed of durable materials in conformance with Chapter 225, Construction Codes, Uniform, and must be maintained in good condition and repair, including the replacement of defective parts, painting, repainting, cleaning and maintenance of structural supports.
(8)
If any sign becomes dilapidated to the point that is constitutes an unsightly or hazardous condition, then the Zoning Officer shall order it repaired or removed within 15 days. In the event the owner fails to comply with the order, the owner shall be considered in violation of this chapter and subject to the penalties contained herein. This violation shall be in addition to any imposed by Chapter 225, Construction Codes, Uniform.
(9)
If a use ceases for a period of six months, all signs for that use,
including any supporting structures, must be removed. If the signs
are not removed, the Zoning Officer shall notify the building owner,
who shall have 15 days from date of notification to remove the signs.
In the event the owner fails to comply with the order, the owner shall
be considered in violation of this chapter and subject to the penalties
contained herein.
(10)
Any sign or permanent structure that overhangs a Borough right-of-way
shall be insured for liability in the amount of $1,000,000, with the
Borough named as an additional insured.
D.
Exemptions to sign requirements. The following signs shall be exempt
from the requirements of this section:
(1)
Flags, emblems or identification signs of a government, political,
civic, charitable, educational or religious organization displayed
on the organization's premises or with the owner's permission.
If permanent, the total area of such signs shall not exceed 50 square
feet in size.
(2)
Signs placed by governmental body, including traffic or directional
devices, legal notices and warning, instructional or regulatory signs.
(3)
Address numerals and other signs require to be maintained by law
or governmental regulation, provided that the content and size of
the sign does not exceed the requirements of such law or regulation.
(4)
Small directional signs, not exceeding five square feet in area,
displayed on private property for the convenience of the public, including
signs to identify entrance and exit drives, parking areas, one-way
drives, restrooms, freight entrances, and the like.
(5)
Temporary signs advertising activities such as an election, carnival,
street fair or festival. Such signs may be erected up to 30 days prior
to the event, and must be removed within seven days after the event.
A.
Application.
(1)
Unless specifically exempted by other provisions of this chapter,
all structures and uses shall provide off-street parking areas in
accordance with this section.
(2)
When an existing structure or use is expanded, altered, increased
in density or otherwise changed, parking spaces for the area or capacity
of such expansion shall be required in accordance with this section.
The expansion or alteration shall not result in the elimination of
any existing required off-street parking spaces.
(3)
When an existing structure or use not in conformity with the off-street
parking requirements of this chapter is expanded, altered, increased
in density or otherwise changed, the entire structure or use shall
be brought in compliance with the off-street parking requirements
of this chapter.
(4)
A subdivision or combination of lots shall not result in the elimination
of any required parking spaces for an existing structure or use.
B.
General provisions.
(1)
Utilization. Required off-street parking facilities shall be solely
for the parking of motor vehicles in operating condition of patrons,
occupants, or employees of such use.
(2)
Access. Each required off-street parking space shall open directly
upon an aisle or driveway of such width and design as to provide safe
and efficient means of vehicular access to such parking space. This
provision is not applicable for dwellings where a driveway is utilized
to meet off-street parking requirements.
(3)
Enclosed parking. Enclosed parking facilities containing off-street
parking shall be subject to area and bulk requirements applicable
in the district in which they are located, unless otherwise specified
in this chapter.
(4)
Design and maintenance.
(a)
Size. The minimum dimensions for a conventional parking space
will be 10 feet in width by 20 feet in length, exclusive of curbs
and maneuvering space. For a handicapped parking space, the size shall
be 15 feet in width by 20 feet in length.
(b)
Design. The minimum dimension of interior driveways and parking
aisles shall be 25 feet. Driveways and aisles shall be designed so
that each vehicle may have ingress and egress from the space without
moving any other vehicle. All accessways shall be designed so as to
provide safe exit and entrance from the public street, in accordance
with applicable Borough standards or PennDOT specifications.
(c)
Surfacing. All parking areas, including those for single- and
two-family dwellings, shall be graded and paved or otherwise improved
with an all-weather material of asphalt, concrete, grouted brick or
paving blocks approved by the Borough. Borough Council may permit
exceptions to the size, design or surfacing requirements upon recommendation
by the Planning Commission.
(5)
Screening. All open off-street parking areas containing more than
four parking spaces shall be effectively screened on each side by
a wall, fence or densely planted compact evergreen hedge not less
than six feet in height. The Planning Commission may require greater
or lesser height in the interest of safety or appearance. Clear vision
for vehicular traffic shall be maintained. Open parking areas for
10 or more cars shall be interspersed with land forms or other appropriate
landscaped or planted areas.
(6)
Lighting. Any lighting used to illuminate off-street parking areas
and driveways shall be directed away from residential properties or
public streets in such a way as not to interface with such uses. The
lighting system shall furnish minimally an average of two footcandles
during hours of operation, with lighting standards being located not
more that 80 feet apart.
(7)
Repair and service. No motor vehicle repair work or service or any
kind shall be permitted in any off-street parking facilities.
(8)
Multiple parking occupancy. When a number of different uses or businesses
are proposed within a structure, facility or complex on the same zoning
lot, and when it can be demonstrated that one or more of such uses
require parking spaces at times other than normal business or operating
hours for other uses, the applicant may present to the Planning Commission
a written report stating that a maximum combination of all such uses
will not require that total accumulative parking spaces required by
this chapter. If the Planning Commission, after review, determines
that a reduced overall parking requirement can satisfy the off-street
parking needs of the combined facilities, the applicant shall be permitted
to reduce the parking spaces provided in accordance with the plan
approved by the Planning Commission.
(9)
Location. All off-street parking spaces required to serve structures
or uses shall be located on the same zoning lot as the structure or
use served or within 500 feet of a main entrance to the structure
or use served. If not located on the same zoning lot, the required
off-street parking spaces shall be located on a zoning lot owned by
or leased to the owner of the zoning lot on which the principal use
is located. No property located in a residential zone may be used
for off-site, off-street parking.
Evidence of ownership or lease rights shall be presented to
the Borough in the form of a deed, contract of sale, option agreement
or lease.
The continued ownership or lease of the approved off-site, off-street
parking spaces shall be a condition to the occupancy of the principal
use which the parking spaces serve.
(10)
Required parking may be provided in a garage, carport or open-air
paved area, located and designed in accordance with this chapter.
A driveway for a dwelling unit may count for one off-street space,
provided it does not inhibit access to other required off-street spaces.
C.
Required spaces by type of use. Off-street parking spaces required
shall be as follows for each use type allowed under this chapter:
|
Use Type
|
Minimum Required Spaces
|
|---|---|
|
Residential
|
2 spaces per dwelling unit
|
|
Business
| |
|
Financial institutions
|
1 per 200 square feet of gross floor area (GFA)
|
|
Day-care facilities
|
1 per staff member, plus 1 space per 8 children or other facility
users
|
|
Gasoline service station, automotive repair facility, car wash
|
2 spaces per service bay, plus 1 per employee
|
|
Group residences, boarding homes, nursing homes, and institutional
facilities
|
1 space per employee, plus 1 space per resident.
|
|
Laundromats
|
1 per 3 washing or dry cleaning machines (exclusive dryers)
|
|
Funeral homes
|
1 per 3 seats in any chapel or seating area and not less than
5 spaces for each viewing area or room.
|
|
Motel or hotel, tourist home or rooming house
|
1 per guest room, plus parking requirements for any restaurant,
bar or other facilities, as required by this chapter
|
|
All commercial uses not specifically listed
|
By authority of Planning Commission
|
|
Industrial
| |
|
Manufacturing, warehouse and wholesale
|
1 per 2 employees on the 2 largest shifts combined
|
|
Public, Quasi-Public
| |
|
Churches
|
1 per 3 fixed seats, plus 1 per employee
|
|
Elementary, junior or senior high school
|
1 per classroom plus 1 for each 5 students 16 years of age or
older
|
|
Private clubs and lodges
|
1 per 3 members
|
A.
Applicability. In any zoning district, all structures and uses which
require the receipt or distribution of materials or products by trucks
or similar vehicles shall provide accessory off-street loading spaces,
as required by this chapter. When an existing structure is expanded,
accessory off-street loading spaces shall be provided in accordance
with the following regulations for the area of such expansion.
B.
General provisions.
(1)
Location. All required loading spaces or berths shall be located
on the same lot as the use served, and no portion of the vehicle shall
project into any traffic lane. All motor vehicles' loading berths
which abut or are adjacent to a residence district or use shall be
completely screened therefrom by building walls, or a uniformly painted
solid fence, wall, door, planted screen, or any combination thereof,
not less than six feet nor more than seven feet in height. No permitted
or required loading space or berth shall be located within 40 feet
of the nearest point of intersection of any two public streets or
highways. No loading space or berth shall be located in a required
front yard, and any loading space or berth located in a required rear
yard shall be open to the sky.
(2)
Area. Unless otherwise specified, a required off-street loading space
shall be 10 feet in width by at least 50 feet in length, exclusive
of aisle and maneuvering space, and shall have a vertical clearance
of at least 16 feet. The required length may be reduced by 10 feet
if the applicant certifies that the off-street loading use will only
be single-unit trucks or smaller.
(3)
Access. Each required off-street loading space shall be designated
with appropriate means of vehicular access to a street, highway or
alley in a manner which will least interfere with traffic movement.
No loading space shall be located within 40 feet of the nearest traffic
intersection.
(4)
Surfacing. All open off-street loading shall be improved with a compacted
selected gravel base, not less than seven inches thick, surfaced with
an all-weather material.
(5)
Repair and service. No motor vehicle repair work or service of any
kind shall be permitted in conjunction with any off-street loading
facilities.
(6)
Utilization. Space allocated for any off-street loading berth shall
not be used to satisfy the space requirements for any off-street parking
facilities or portions thereof.
C.
Required off-street loading spaces.
|
Use
|
Required Berth
(based on building gross floor area)
|
|---|---|
|
Manufacturing
|
1 berth for every 10,000 square feet
|
|
Wholesale and distribution uses
|
1 berth for every 8,000 square feet
|
|
Business and professional offices
|
1 berth for every 10,000 square feet, not exceeding a total
of 2 required stalls
|
|
Food stores and other retail uses
|
1 berth for every 5,000 square feet, up to a maximum of 2 stalls,
and then 1 berth for every additional 20,000 square feet or fraction
thereof
|
|
Uses for which off-street loading facilities are required by
this section, but which are located in buildings that have a floor
area that is less than the minimum for which off-street loading facilities
are required, shall provide adequate receiving facilities, accessible
by motor vehicle, from any adjacent alley, service drive, or open
space on the same lot, in accordance with the provisions of this chapter.
|
All uses hereafter established in any zoning district shall
comply with the performance standards contained in this section. The
performance standards shall apply to an existing use or structure,
or portion thereof, when it is extended, enlarged, moved, structurally
altered, or reconstructed.
A.
Fire and explosive hazards. All activities and all storage of flammable
and explosive material at any point shall be provided with adequate
safety devices against the hazards of fire and explosion, and adequate
firefighting equipment as specified by the Department of Labor and
Industry and the laws of the Commonwealth of Pennsylvania. All buildings
and structures and activities within such buildings and structures
shall conform to the Borough's Building Code (Ord. No. 1159,
as amended,[1]) and all other applicable Borough ordinances.
B.
Radioactivity or electrical disturbances. There shall be no activities
which emit radioactivity at any point above the most recent background
limits set by state and/or federal regulations. There shall be no
radio or electrical disturbance in excess of that permitted by federal
law or regulation.
C.
Smoke, ash, dust, fumes, vapors and gases. There shall be no emission
of smoke, ash, dust, fumes, vapors or gases which violates applicable
federal, state or Allegheny County laws and regulations.
D.
Liquid and solid wastes. There shall be no discharge at any point
into any public or private sewerage system, or watercourse or into
the ground, of any materials in such a way or of such a nature as
will contaminate or otherwise cause the emission of hazardous materials
in violation of the laws and regulations of the Commonwealth of Pennsylvania
and Allegheny County. All required discharge and disposal permits
shall be obtained.
E.
Glare. No direct reflected glare, whether from any lighting source
or production operation, shall be visible from adjoining public streets
or adjacent lots when viewed by a person standing on ground level.
"Glare" shall be defined as direct or indirect light from such activities
of greater than 0.5 footcandle at habitable levels.
F.
Odor. There shall be no emission of odorous gases or other matter
in such quantities as to be offensive on adjoining streets or adjacent
lots. Odor thresholds shall be measured in accordance with ASTM D-1391-57
"Standard Method for Measurement of Odor in Atmospheres (Dilution
Method)."
G.
Noise.
(1)
No operation or activity shall cause or create noise in excess of
the sound levels prescribed below. For the purposes of this chapter,
the noise level will be measured in decibels (dBA) which indicate
the sound pressure level obtained from a frequency weighting network
corresponding to the A-scale on a standard sound level meter.
(a)
"R-1", "R-2" and "C" Districts. At no point on or beyond the
boundary of any lot within these districts shall the exterior noise
level resulting from any use or activity located on such lot exceed
a maximum of 85 dBA for more than three hours per 24 hours.
(b)
"B-1" and "B-2" Districts. At no point on or beyond the boundary
of any lot within these districts shall the exterior noise level resulting
from any use or activity located on such lot exceed a maximum of 95
dBA for more than eight hours per 24 hours.
(c)
"I" District (including "S-1"). At no point on or beyond the
boundary of any lot within these districts shall the exterior noise
level resulting from any use or activity located on such a lot exceed
a maximum of 115 dBA.
(d)
Where two zoning districts in which different noise levels are
prescribed share a common boundary, the most restrictive of the noise
level standards shall govern.
(3)
In addition to these regulations, all uses or activities within the
Borough shall conform to any applicable county, state, or federal
noise regulations.
H.
Storage. All garbage, trash and rubbish shall be stored in covered,
vermin-proof containers, and also shall be screened from public view.
I.
Determination of compliance.
(1)
If, during the review of a zoning application, it appears that the
proposed use or development may violate the performance standards
contained in this section, the Borough may initiate an investigation
and may require the applicant to submit such data and evidence as
is needed to make an objective determination. The evidence may include
such items as:
(a)
Plans of the existing or proposed construction and development.
(b)
A description of the existing or proposed machinery, processes
and products.
(c)
Specifications for the mechanisms and techniques used or proposed
to be used or proposed to be used in restricting the possible emission
of any of the dangerous and objectionable elements, as set forth in
this article.
(d)
Measurements of the amount of rate of emissions of said dangerous
and objectionable elements.
(2)
In order to determine compliance, the Borough may seek assistance
from any county, state or federal agency having interest in or jurisdiction
for the particular environmental issue. The Borough may also require
the applicant to submit a report from a qualified technical expert
certifying that the proposed use does comply with the performance
standard(s). The technical expert shall be persons or firms mutually
acceptable to the Borough and applicant; in the event agreement cannot
be reached on the technical expert, the Borough shall make the selection.
The cost of the expert's study and report shall be borne by the
applicant. A negative report by the technical expert, as to the proposed
use's compliance with the performance standard(s), and the applicant's
refusal or inability to make alterations to ensure compliance, shall
be a basis for denying approval of the zoning application.
J.
Continuing enforcement.
(1)
The Zoning Officer shall investigate any purported violation of the
performance standards and, if necessary, request that the Borough
employ qualified experts to assist in the determination of a violation.
The costs for the services of such experts shall be paid by the owner
or operator of the facility accused of the violation.
(2)
If the facility is found to be in violation, the owner or operator
shall be given a reasonable length of time to correct the violation.
If, at the conclusion of this time period, the violation still exists,
and the Borough has agreed to no time extension, the owner or operator
shall be in violation of this chapter and subject to the legal penalties
and remedies contained herein.
A.
Solar energy structures.
(1)
A solar energy structure may be installed or used only in a rear
yard, unless the structure can only operate in a front or side yard.
The structure shall not be located within the minimum required front,
side or rear yard and must be located a minimum of 20 feet from any
property line, must be screened from adjacent property by densely
planted compact evergreen hedge, and, to the extent possible, must
be painted either black, dark green or brown.
(2)
Such a structure may be mounted on the roof, provided it has a maximum
height of four feet above the roofline as measured from the highest
point of the roof for flat roofs, deckline for mansard roofs, or the
mean height between eaves and ridge for gable, hip, and gambrel roofs,
and is painted as specified above.
(3)
No solar energy structure may be installed or used before securing
a building permit.
B.
Radio or television receiving antenna.
(1)
A radio or television receiving antenna accessory to a principal
residential use may be installed or used only in a rear yard, provided
that said structure shall not be located in the minimum required rear
yard, and further provided that such antenna be located a minimum
of 20 feet from any property line, has a maximum height of 30 feet,
is screened from adjacent properties by large evergreen trees, and,
to the extent possible, painted black, dark green, or brown. All antennas
shall be set back from all property lines a distance at least equal
to the height of the antenna.
(2)
No radio or television antenna shall be installed or used before
securing a building permit.
(3)
This section shall not be construed as authorizing the construction
or use of a tower or other structure for any commercial, institutional
or governmental telecommunications, radio, cellular telephone, paging,
television or similar use.
C.
Satellite dish antenna structures.
(1)
A satellite dish antenna structure may be installed or used only
in a rear yard unless the structure can only operate in a front or
side yard. Such structure shall not be located within the minimum
required front, side or rear yard and must be located a minimum of
20 feet from any property line. The structure must have a maximum
height of 13 feet above the ground when positioned vertically and
a maximum diameter of 12 feet, must be screened from adjacent properties
by evergreen vegetation to the maximum extent possible without interfering
with the antenna's line of sight and, to the extent possible,
must be painted black, dark green or brown.
(2)
The satellite dish antenna may be located on the roof of a structure
only if the owner establishes that:
(a)
Placement of the satellite dish antenna in the front, side or
rear yard as required by this section would effectively preclude reception
from any transmitting satellite;
(b)
The roof of the structure in question can safely support the
load of the satellite dish antenna;
(c)
Design of the satellite dish antenna and its proposed placement
on the roof are such that the satellite dish antenna will remain safely
secured to the roof during wind gusts of up to 75 miles per hour;
(d)
The maximum height of the satellite dish antenna is 13 feet
above the roofline as measured from the highest point of the roof
for flat roofs, deckline for mansard roofs, or mean height between
eaves and ridge for gable, hip, and gambrel roofs;
(e)
The maximum diameter of the satellite dish antenna is 12 feet;
and
(f)
To the extent possible, the satellite dish antenna is painted
black, dark green or brown.
(3)
Satellite dish antennas shall be located and designed to reduce visual
impact from surrounding properties at street level and from streets.
(4)
Satellite dish antennas shall meet all manufacturers' specifications,
be of noncombustible and corrosive-resistant material, and be erected
in a secure, wind-resistant manner.
(5)
Every satellite dish antenna must be adequately grounded for protection
against a direct strike of lightning.
(6)
No satellite dish antenna structure over 36 inches in diameter shall
be installed or used before securing a building permit.
D.
Land use "S-1" Special District. Telecommunication facilities as
land uses by special exception in "S-1" Special District. The communications
facilities shall be subject to the provisions of this chapter of the
Code of the Borough of Springdale, in addition to the specified criteria
listed below:
[Added 3-20-2001 by Ord.
No. 1198]
(2)
Any existing or proposed tower site shall not be located within 2,000
feet of any other existing or proposed tower site, measured from nearest
property line to nearest property line.
(3)
Shared use of towers and tower sites shall be encouraged. If the
shared usage of an existing or approved tower site is not proposed,
the applicant shall demonstrate that the proposed equipment cannot
be accommodated on an existing or approved tower site for the following
reasons:
(a)
The proposed equipment would exceed the structural capacity
of the existing or approved towers, and reinforcement of the existing
or approved towers cannot be accomplished at a reasonable cost.
(b)
The proposed equipment will cause RF (radio frequency) interference
with other existing or proposed equipment for that tower or that of
existing or approved tower sites, and the interference cannot be prevented
at a reasonable cost.
(c)
Existing or approved towers, or the existing or approved tower
site, do not have adequate space to accommodate the proposed equipment.
(d)
Addition of the proposed equipment would result in NIER (nonionizing
electromagnetic radiation) levels that exceed any adopted local, federal
or state emissions standards.
(e)
There are other valid reasons that make it impractical to place
the proposed equipment on any existing or proposed tower or any existing
or approved tower site.
(4)
Shared use shall be conditioned upon both the applicant's agreement
to pay a reasonable fee and also the cost of adapting such existing
facilities to the proposed use as reasonably required to accommodate
the shared usage.
(5)
Communications facilities and their associated structures may exceed
the heights limitations of the zoning district, provided they are
set back from any property line or public street right-of-way a minimum
distance of 50% of the tower height or greater, if necessary, to guarantee
that the structure in the event of collapse will not fall on any adjacent
property and all ice fall or debris from tower failure shall be contained
on the tower site.
(6)
No communications facility shall be located within 500 feet of any
property line located in any Residential (R-1 or R-2) Zoning District.
(7)
If title to the land on which the communications facility is located
is conveyed to the owner of the facility, the land remaining with
the principal lot shall continue to comply with the minimum lot area
for the zoning district.
(8)
Unless the essential communications facility is located on a building,
the lower structure shall be completely enclosed by an eight-foot-high
chain link or similar fence with self-latching gate to limit accessibility
to the general public, unless such a fence secures the entire property.
(9)
All guy wires and all guyed towers shall be clearly marked so as
to be visible at all times. All guy wires shall be located a minimum
of 25 feet from any property line.
(10)
The applicant shall submit evidence that the tower and its method
of installation had been designed by a registered engineer and is
certified by that registered engineer to be structurally sound and
able to withstand wind and other loads in accordance with accepted
engineering practice.
(11)
The applicant shall submit certification from a structural engineer
that the structural capacity of any existing building or structure
(where an antenna is proposed to be mounted) is adequate to withstand
wind and other loads in accordance with the antenna's location.
(12)
Unless the essential communications facility is located on a
building, a soil report complying with the standards of Appendix 1:
Geotechnical Investigations, ANSI/TIA-222-E, as amended, shall be
submitted in order to document and verify the design specifications
of the foundation for the tower as well as the guy wires, if used.
(13)
Other than an existing communications tower, any antenna proposed
to be mounted upon an existing building or structure shall not exceed
the height of the building or structure by more than 20 feet.
(14)
The applicant shall demonstrate that the proposed height of
the communications facility antenna is the minimum height necessary
to function effectively.
(15)
All antennas and tower structures shall be subject to any applicable
Federal Aviation Administration (FAA) or airport zoning regulation.
(16)
The applicant shall demonstrate that it possesses a license
to operate a communications facility issued by the Federal Communications
Commission (FCC).
(17)
No sign or other structure shall be mounted on the tower, except
as may be required by the Federal Aviation Administration (FAA) or
the Federal Communications Commission (FCC).
(18)
No antenna or tower structure shall be illuminated, except as
required by the Federal Aviation Administration (FAA) or the Federal
Communications Commission (FCC). All required lighting should be shielded
and reflected away from any adjoining properties.
(19)
All tower structures shall be fitted with anti-climbing devices
as approved by the manufacturers for the type of installation proposed.
(20)
A minimum of two off-street parking spaces shall be provided
on the tower site, plus one off-street parking space for each on-site
personnel.
(21)
Existing vegetation on the site shall be preserved to the maximum
extent possible.
(22)
The applicant shall design the tower to be as compatible as
reasonably possible with the surrounding area, including, where appropriate,
disguising the tower to resemble a tree, church steeple or other comparable
structure.
(23)
Minimally, a twenty-foot easement or right-of-way for access
shall be provided to the tower which is adequate to accommodate maintenance
and emergency vehicles and which is improved with dust-free, all-weather
surface sufficient to accommodate the weight of vehicles proposed
to use the easement or right-of-way subject to approval by the Borough
Council. The landowner or lessee shall maintain the right-of-way or
easement.
(24)
In January of each year, the operator shall provide verification
to the Borough Zoning Officer that there have been no changes in the
operating characteristics of the communications facility as approved
at the time of the application, including, at a minimum:
(a)
Direction of the signal;
(b)
Frequency, modulation and class of service;
(c)
Transmission and maximum effective radiated powers;
(d)
Manufacturer, type and model of equipment;
(e)
Height of antenna;
(f)
Name, address and emergency telephone number for the operator;
and
(g)
Copy of the current FCC license.
(25)
The addition of any antenna(s), or the modification of an existing
antenna, shall require the submission of a new application for approval
in accordance with the provisions of this section.
