[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.
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.
[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.
[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).
[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.
[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.
[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.
[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.
[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.
[Ord. 738, 8/18/2009]
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 or hedges in accordance with paragraph .C.
(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.
(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:
[Added by Ord. No. 778, 8/31/2017]
(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:
[Added by Ord. No. 778, 8/31/2017]
(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 Nonresidential
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, hedges and/or walls subject to provisions of § 2000-409.D(1).
(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.
(a)
In all residential Zoning Districts, fences no greater than
6 1/2 feet in height shall be permitted in rear and side yards.
(b)
In commercial and industrial districts, fences no greater than
10 feet in height shall be permitted in rear and side yards.
(c)
In Residential Zoning Districts, fences no greater than 3 1/2
feet in height shall be permitted in front yards. All fences shall
be constructed such that the finished side of the fence faces all
adjacent properties and public rights-of-way.
(d)
In Residential Zoning Districts, fences which contain openings
equal to at least 75% of the area of the fence and which are not more
than three feet in height shall be permitted in a lot's front
and/or side yards.
(e)
In Mixed-Use and Nonresidential Zoning Districts, the maximum
height of a fence shall be 6 1/2 feet unless otherwise defined
for industrial uses and/or service structures. Fences shall be permitted
in a lot's rear and/or side yard(s). Fences shall contain openings
that are at least 50% of the area of the fence, unless an opaque screening
fence is otherwise required by this Ordinance.
(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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
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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.
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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.
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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.
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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.
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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.
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[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.
[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.
[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.
[Added by Ord. No. 786, 3/19/2019]
420.5.1 Identification signs. Identification signs
shall be in accordance with Sections 420.5.1.1 through 420.5.1.3.
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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.
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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 Store 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 Store Front
|
|
Development & Construction
|
|
|
|
|
Single Residential
|
12
|
8'
|
|
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 36 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'
|
|
|
Sale or Lease of Vacant Commercial or Industrial
|
35
|
12'
|
|
|
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).
|
[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.
|
[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).
[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.
[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:
F. The following facilities where ancillary to and contained within
a hospital:
G. Accessory buildings and uses, such as parking areas or lots.
[Ord. 738, 8/18/2009]
B. Parking lot that is not an accessory use.
[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.
[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.
[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.
[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.
[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.
[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).