Borough of East Pittsburgh, PA Article VIII Conditional Uses

§ 375-54 Intent.

The intent of this article is to allow certain important authorized uses in the Borough by conditional use procedure so that the Borough Council can attach reasonable conditions and safeguards, in addition to the standards and criteria expressed in this chapter as the Council may deem necessary to implement the purposes of this chapter.

§ 375-55 Authority.

The Borough Council shall hear and decide requests for conditional uses in accordance with the provisions of this chapter and the procedures, regulations, and standards and criteria of this article.

§ 375-56 Relationship to subdivision and land development.

All provisions of the Subdivision and Land Development Ordinance which are not specifically modified by the Council in approving a conditional use shall apply to any conditional use involving subdivision or land development.

§ 375-57 Application procedure.

A. An application for conditional use approval shall be filed with the Zoning Officer, on forms prescribed by the Borough, at least 30 days prior to the date of the regular meeting of the Planning Commission. A conditional use application shall not be considered to be complete until all items required by this chapter, including the application fee and/or deposit, have been received by the Borough.

B. Within five days of receipt of an application, the Zoning Officer shall submit one copy of the application and any materials submitted therewith to the Borough Solicitor, the Borough Engineer, and any Borough professional consultant deemed necessary by the Borough Manager.

C. The Zoning Officer shall submit one copy of an application and any materials submitted therewith to each member of the Borough Planning Commission by no later than the Friday prior to the date of the regular meeting of the Planning Commission.

D. The Planning Commission shall review the application and forward its recommendation to the Borough Council.

E. The Borough Council shall hold a public hearing, pursuant to public notice, mailed notice and electronic notice within the time periods and procedures required by the MPC.[1] The public hearing shall commence within 60 days of the date of the filing of an application unless the applicant has granted an extension. Hearings shall be conducted and held in accordance with the applicable provisions of the MPC.

[1] Editor's Note: The Municipalities Planning Code, 53 P.S. § 10101 et seq.

F. The Borough Council shall render a written decision on the conditional use application within 45 days of the last public hearing. Where the application is contested or denied, the Borough Council decision shall be accompanied by findings of fact and conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this chapter or any other rule, regulation, ordinance or statute shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found.

G. In granting a conditional use pursuant to this chapter, the Borough Council may impose any reasonable conditions it believes are necessary to ensure compliance with this chapter, the East Pittsburgh Borough Code of Ordinances, as amended, and all other ordinances of the Borough, and as it otherwise deems necessary to implement the purposes of this chapter and the MPC.

H. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date.

I. All development, construction and use shall be in accordance with the approved conditional use decision and plan, unless a revised conditional use application is submitted, approved and filed. The approved conditional use plan shall consist of the application, as submitted, together with all of its attachments and exhibits, as finally approved by the Borough Council, and the conditions attached by the Borough Council. Any development contrary to the approved conditional use decision and plan shall constitute a violation of this chapter.

J. Deemed decisions. Where the Council fails to render the decision within 45 days after the last hearing or fails to commence, conduct or complete the required hearing as provided in the MPC, the decision shall deemed to have been rendered in favor of the applicant unless the applicant has agreed, in writing or on the record, to an extension of time. The Council shall give public notice of said decision as required by the MPC.

§ 375-58 Application content.

A. All applications for conditional use approval shall demonstrate compliance with the: general standards and criteria of this article; the applicable express standards and criteria of this article; and the applicable lot and yard requirements of the zoning district in which the use is proposed.

B. All applications for conditional use approval shall be submitted to the Zoning Officer and contain the following items:

(1) One full-scale copy and nine half-scale copies of all required plans, maps and drawings;

(2) Ten copies of all other application materials.

C. An application for conditional use approval shall not be considered administratively complete until all items required by this chapter, including the application fee and and/or deposit, have been received by the Zoning Officer.

D. All applications for conditional use approval shall contain the following:

(1) A development plan, as defined by this chapter;

(2) A legal document verifying applicant's legal interest in the subject property (i.e., deed, sales agreement, lease);

(3) The application fee and/or deposit in an amount set from time to time by resolution of the Borough Council; and

(4) Construction plans, where renovations or modifications of an existing building are immediately contemplated, showing the scope, nature and extent of said renovations or modifications.

§ 375-59 Expiration of approval.

A. The grant of a conditional use shall expire two years after the date of the Borough Council written decision unless:

(1) The applicant has applied for and obtained a building permit and commenced construction; or

(2) In a case where the conditional use does not require the issuance of a building permit, the applicant has applied for and obtained an occupancy permit and has commenced the use which is the subject of the conditional use approval.

B. Expiration of the conditional use approval under this article shall require the applicant to reapply for conditional use approval.

§ 375-60 General standards and criteria.

A. Before approving a conditional use application, the Borough Council shall determine that the proposed use complies with the following general standards and criteria, which are in addition to any other requirements in this chapter for a specific type of use or development:

(1) The proposed use shall conform to the district and conditional use provisions and all general regulations of this chapter.

(2) The proposed use shall meet all special standards which may be applied to its class of conditional use as set forth in this article.

(3) The proposed use shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons, and shall comply with the performance standards set forth in § 375-27.

(4) The proposed use shall be sited, oriented and landscaped so that the relationship of its building and grounds to adjacent buildings and properties does not impair health, safety or comfort and does not adversely affect values of adjacent property.

(5) The proposed use shall produce a total environmental effect which is consistent with, and not harmful to, the environment of the neighborhood.

(6) The proposed use shall organize vehicular access and parking to minimize conflicting traffic movement on adjacent streets.

(7) The proposed use will not impede the normal and orderly development and improvement of surrounding property as permitted by this chapter.

(8) The proposed use will be adequately served by existing storm and sanitary drainage facilities, public water, access streets and other necessary facilities.

(9) The proposed use shall promote the objectives of this chapter and shall be consistent with the Comprehensive Plan for East Pittsburgh.

B. The Borough Council shall grant a conditional use only if it finds adequate evidence presented by the applicant that the proposed conditional use is duly authorized under provisions of this chapter, that the application falls within the terms of the specific provisions allowing for conditional use and that the proposed use complies with all other requirements of this chapter. The Borough Council shall refuse an application for conditional use where opponents to the application establish by a preponderance of evidence that the application is contrary to the health, safety and morals or general welfare of the community at large. The Borough Council, in granting a conditional use, may attach such reasonable conditions and safeguards other than those related to off-site transportation or road improvement, in addition to those expressed in the chapter, as it may deem necessary to implement the purposes of the MPC[1] and this chapter.

[1] Editor's Note: The Municipalities Planning Code, 53 P.S. § 10101 et seq.

§ 375-61 Express standards and criteria for each use authorized by conditional use procedure.

A. Adult entertainment uses.

(1) Location.

(a) No permit will be issued for any adult entertainment establishment which intends to be located within the below listed distances of such institutional or residential property lines:

[1] Any other adult-oriented establishment whether such use is situated in East Pittsburgh or otherwise: 500 feet.

[2] Public or private pre-elementary, elementary, or secondary school property: 800 feet.

[3] Public library: 600 feet.

[4] Child day care or nursery school: 800 feet.

[5] Public playground or park: 800 feet.

[6] Child-oriented business: 800 feet.

[7] Commercial recreation uses: 600 feet.

[8] Residential uses or zones: 600 feet.

[9] Public transit stop: 250 feet.

(b) Measurement shall be from the closest point on one lot to the closest point on the other lot.

(2) No such establishment shall be open for or permit access to by any person under the age of 18 years.

(3) The establishment shall include a double-door entrance, with inner door area containing a notice of no less than four square feet that those choosing to enter will be potentially exposed to obscene matters or materials.

(4) An adult-oriented establishment may be open for business only Monday through Saturday from 9:00 a.m. to 12:00 midnight, prevailing time. No adult-oriented establishment shall be open at any time on Sunday or on a legal holiday as set forth in the Act of May 31, 1893, P.L. 188 § 1, as amended, 44 P.S. § 11.

(5) No materials or merchandise of any kind offered for sale, rent, lease, or loan or for view upon the premises of an adult-oriented establishment shall be exhibited or displayed outside of a building or structure.

(6) Signs shall contain only the name of the business and the words "adult entertainment" or other term of like import.

(7) This subsection may be found to apply to any uses not contemplated by this subject and subject to conditional use approval.

(8) Adult entertainment uses shall meet the requirements of Chapter 150, Adult Entertainment.

B. Agricultural activities.

(1) There is no minimum lot size for small animal use like beekeeping and chickens. For medium-sized animals like goats and pigs, the minimum lot size is 0.5 acre. For larger animals like cows and/or horses, the minimum lot size must be 0.5 acre per large animal.

(2) Killing or dressing of animals raised on the premises shall not be permitted.

(3) The keeping of poultry birds, livestock, and domestic small farm animals shall be permitted within a securely fenced and enclosed area.

(4) All animal structures and roaming areas shall be kept sanitary and free from accumulations of animal excrement and objectionable odor.

(5) All seed, fertilizer, and animal feed shall be stored in a secured, rodent-proof container and housed within an enclosed structure.

C. Assisted living residence.

(1) The assisted living residence shall meet all licensing requirements of the Commonwealth of Pennsylvania Department of Human Services.

(2) The facility shall have direct access to an arterial roadway.

(3) The assisted living residence shall be the sole occupant of the lot.

(4) Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.

(5) Parking areas shall be screened from view of neighboring houses or those directly across the street from the lot.

D. Automobile sales.

(1) The use shall not be located on lots of less than 15,000 square feet, shall have yards of not less than 15 feet, and shall place any tank for the storage of flammable or otherwise hazardous material according to the requirements of the Allegheny County Fire Marshal.

(2) The business shall include a permanent building on the lot for office, display and repair use of not less than 1,000 square feet floor area.

(3) Areas of the lot displaying vehicles for sale and for customer parking shall be paved with an all-weather surface, and such areas shall be set back at least 15 feet from adjacent street curbs or edges of road pavements.

(4) Displayed or parked vehicles and sign posts or other posts shall not be located closer than 10 feet to the curb or paved edge of an adjacent street or such further distance as may be necessary to create maximum sight distance lines for motorists entering and leaving the lot.

(5) Automobile sales uses shall not employ outdoor loudspeaker paging systems.

(6) All repair work shall be done entirely within an enclosed building, vehicular access to which shall be oriented away from the street across the front of the lot, and screened by a hedge or fence if facing adjacent residential lots.

(7) External lighting shall be reduced in intensity by 50% at the close of each business day. Lighting of the lot using strings of bare bulbs shall not be permitted.

(8) Areas of lot not occupied by buildings or paved shall be landscaped and maintained.

E. Bed-and-breakfast.

(1) The facility shall be the primary residence of the owner-operator.

(2) The maximum length of stay for any guest shall be 30 consecutive days.

(3) No cooking facilities shall be permitted in any of the rented rooms.

(4) Breakfast shall be served to overnight guests only from the residential kitchen. No kitchen remodeling for commercial restaurant operation or restaurant operation shall be permitted.

(5) Tandem parking is permitted with the limit of two vehicles per tandem space, subject to § 375-26, Off-street parking requirements.

(6) The maximum number of rooms which may be rented is four, unless it can be shown that the structure and/or parcel is of sufficient size to contain more rooms while meeting the purpose of this chapter.

(7) One sign shall be permitted, not to exceed 16 square feet in area in residential districts.

(8) Prior to the operation of the facility, approval by the Fire Department must be obtained.

(9) A bed-and-breakfast facility must comply with all other provisions of the zone in which it is located and must comply with other ordinances of the Borough.

F. Billboards and electronic changeable copy billboards.

(1) A billboard shall be permitted as a use by conditional use or special exception subject to the following express standards and criteria:

(a) Location. Required spacing shall be measured from a point perpendicular to the structure along the front lot line parallel to the center line of the roadway to which the billboard is oriented.

[1] The minimum front, side and rear yard requirements applying to a principal use as set forth within the zoning district in which the billboard is to be located shall apply to each billboard structure. In no instance shall a billboard be set back less than six feet from a public right-of-way.

[2] A billboard shall be considered a structure and shall be included in the calculation of maximum lot coverage. The maximum lot coverage calculation shall be cumulative, including the billboard and any other structures and buildings on the same lot therewith.

[3] No billboard shall be erected in such a manner as to block the view from the road or street of any existing business identification sign or residential or nonresidential structure or to limit or reduce the light and ventilation requirements regulated by Borough provisions for building construction and fire prevention.[1]

[1] Editor's Note: See Ch. 198, Construction Codes, Uniform; and Ch. 220, Fire Prevention and Protection.

[4] No billboard shall be constructed within the clear sight triangle of the public street or road on which it is situated and shall not in any case obstruct or impede traffic safety.

[5] Billboards shall maintain a lateral minimum spacing of 750 feet between billboard structures. Required spacing shall be measured from a point perpendicular to the centermost point of the billboard structure along the front lot line parallel to the center line of the roadway to which the billboard is oriented.

[6] Billboards may not be mounted on the roof, wall or other part of a building or any other structure.

(b) Size and height. A billboard shall have a maximum allowable gross surface area of 800 square feet. A billboard shall have a maximum of two sign faces per billboard structure. The maximum elevation of a billboard shall not exceed 50 feet above the level of the abutting public right-of-way.

[1] The billboard structure may have sign faces placed back to back or in a V-shaped configuration on a single billboard structure.

[2] A billboard face shall be independently supported and have vertical supports of metal which are galvanized or otherwise treated to prevent rust and corrosion.

[3] The one vertical support shall be capable of enabling the entire sign face to be able to withstand a minimum 60 miles per hour wind load.

[4] The entire base of the billboard structure shall be permanently landscaped with suitable shrubbery and/or bushes of minimum height of three feet placed in such manner as to screen the foundation of the structure.

[5] Landscaping shall be maintained by the billboard owner in an attractive and healthy manner in accordance with accepted conservation practices.

[6] Permanent landscaping shall form a base and/or backdrop to the billboard when practical in the opinion of the Zoning Officer.

[7] No bare earth cuts are permitted on a hillside.

[8] All earth cuts or fills are to be permanently seeded or planted.

[9] An off-premises sign with display lighting shall be constructed so that it does not glare upon adjoining property and shall not exceed a maximum footcandle of 1.5 upon the adjoining property.

[10] Display lighting shall not operate between 12:00 midnight and 5:00 a.m., prevailing local time. All lighting shall be in accordance with the provisions of this chapter.

[11] No billboard structure, sign face or display lighting shall move, flash or emit noise. No display lighting shall cause distractions, confusion, nuisance or hazard to traffic, aircraft or other properties.

[12] The use of colored lighting is not permitted.

(c) Maintenance.

[1] Annual inspections of the billboard shall be conducted by the Borough to determine compliance with the provisions of this chapter.

[2] Billboards found to be in violation of this chapter shall be brought into compliance or shall be removed within 30 days upon proper notification by the Borough. Failure to comply shall be a violation of this chapter.

[3] Billboards using removable paper or other materials shall be maintained in such condition as to eliminate loose or frayed material protruding or hanging from the structure.

(d) Permits. Prior to submission of an application for a building permit, the applicant for a billboard use shall obtain and submit with the application approvals from the County of Allegheny and the Pennsylvania Department of Transportation (PennDOT).

(e) Application fees. Said application shall be accompanied by an application fee in an amount equal to that set by resolution of the Borough Council.

(2) An electronic changeable copy billboard shall be permitted as a use by conditional use or special exception subject to the following express standardized criteria:

(a) Electronic changeable copy billboards shall be programmed so that the message or image on the sign changes no more often than once every five seconds.

(b) There shall be no effects of movement, blinking, animation, scrolling, flashing, or similar effects in the individual images.

(c) Changes of image shall be instantaneous as seen by the human eye, and shall not use blinking, fading, scrolling, shading, dissolving, or similar effects as part of the change.

(d) Any illumination intensity or contrast of light level shall remain constant.

(e) Location. Required spacing shall be measured from a point perpendicular to the structure along the front lot line parallel to the center line of the roadway to which the electronic changeable copy billboard is oriented.

[1] The minimum front, side and rear yard requirements applying to a principal use as set forth within the zoning district in which the electronic changeable copy billboard is to be located shall apply to each electronic changeable copy billboard structure. In no instance shall a billboard be set back less than six feet from a public right-of-way.

[2] An electronic changeable copy billboard shall be considered a structure and shall be included in the calculation of maximum lot coverage. The maximum lot coverage calculation shall be cumulative, including the electronic changeable copy billboard and any other structures and buildings on the same lot therewith.

[3] No electronic changeable copy billboard shall be erected in such a manner as to block the view from the road or street of any existing business identification sign or residential or nonresidential structure or to limit or reduce the light and ventilation requirements regulated by Borough provisions for building construction and fire prevention.[2]

[2] Editor's Note: See Ch. 198, Construction Codes, Uniform; and Ch. 220, Fire Prevention and Protection.

[4] No electronic changeable copy billboard shall be constructed within the clear sight triangle of the public street or road on which it is situated and shall not in any case obstruct or impede traffic safety.

[5] Electronic changeable copy billboards shall maintain a lateral minimum spacing of 1,000 feet between electronic changeable copy billboard structures or billboards. Required spacing shall be measured from a point perpendicular to the centermost point of the electronic changeable copy billboard structure along the front lot line parallel to the center line of the roadway to which the electronic changeable copy billboard is oriented.

[6] Electronic changeable copy billboards may not be mounted on the roof, wall or other part of a building or any other structure.

(f) Size and height. An electronic changeable copy billboard shall have a maximum allowable gross surface area of 750 square feet per sign face. An electronic changeable copy billboard shall have a maximum of two sign faces. The maximum height of a billboard shall not exceed 50 feet above the level of the abutting public right-of-way.

[1] The electronic changeable copy billboard structure may have sign faces placed back to back or in a V-shaped configuration.

[2] An electronic changeable copy billboard face shall be independently supported and have vertical supports of metal which are galvanized or otherwise treated to prevent rust and corrosion.

[3] The one vertical support shall be capable of enabling the entire sign face to be able to withstand a minimum 60 miles per hour wind load.

[4] The entire base of the electronic changeable copy billboard structure shall be permanently landscaped with suitable shrubbery and/or bushes of minimum height of three feet placed in such manner as to screen the foundation of the structure.

[5] Landscaping shall be maintained by the electronic changeable copy billboard owner in an attractive and healthy manner in accordance with accepted conservation practices.

[6] Permanent landscaping shall form a base and/or backdrop to the electronic changeable copy billboard when practical in the opinion of the Zoning Officer.

[7] No bare earth cuts are permitted on a hillside.

[8] All earth cuts or fills are to be permanently seeded or planted.

(g) No electronic changeable copy billboard shall be mounted, affixed or attached to any vehicle, motor vehicle or trailer operated, maneuvered or towed on or upon any street, avenue, alley, road, or right-of-way with the Borough. This prohibition shall include vehicles, motor vehicles or trailers designed, built, or used specifically for and as mobile electronic changeable copy billboards.

(h) Existing conforming billboards may be converted to accommodate electronic changeable copy billboards subject to the provisions of this chapter. The conversion of any existing conforming billboard shall require a permit issued by the Zoning Officer.

(i) Permitting. All electronic changeable copy billboards, including the conversion of any existing conforming billboard to digital technology, shall require permits as follows:

[1] Application for a building permit shall be made to the Zoning Officer and shall be accompanied by such drawings, plans, specifications, and engineering designs as may be necessary to fully advise and acquaint Borough personnel with the proposed sign and sign location. The application shall be accompanied with the deed, lease, or other agreement by which the applicant has the right to erect, use or maintain the proposed sign at the stated location. Further, said application shall contain the following information: distance from proposed sign to closest billboard on the same side of the street and on the opposite side of the street; distance from proposed sign to closest electronic changeable copy billboard on the same side of the street and on the opposite side of the street; distance from proposed sign to closest residentially zoned (see Article III of this chapter) property; location of all other electronic changeable copy billboards within a radius of one mile of the proposed location; and written certification from the sign manufacturer certifying that the light intensity of the sign has been preset to remain constant as established by this chapter, and that the preset intensity level is protected from end-user manipulation by password-protected software or other approved method.

[2] The permit shall become null and void unless construction of the sign has been substantially completed within five months from the date on which the permit was issued. In the event a permit becomes null and void after the expiration of five months, the permittee shall be required to reapply for a permit for that site and pay another permit application fee. If, however, the permittee provides evidence that good cause prevented substantial commencement with the five months, and such evidence is accepted by the Zoning Officer, then said permit may be extended one time for an additional three months.

[3] A permit application fee as set from time to time by the Borough Council shall be paid by each person or corporation seeking a permit under this section. This fee shall be in addition to, and not in lieu of, any other fees or licenses required.

(j) Nonconforming billboards may not be converted to electronic changeable copy billboard.

(k) For each electronic changeable copy billboard erected or for each conversion of a conforming billboard to an electronic changeable copy billboard, the applicant must remove four of its nonconforming billboards within six months of the issuance of the permit for said electronic changeable copy billboard.

(l) Maintenance.

[1] Any electronic changeable copy billboard that malfunctions, fails or ceases to operate in its usual or normal programmed manner, causing motion, movement, flashing or any similar effects, shall be restored to its normal operation conforming to the requirements of this chapter within 24 hours.

[2] Every 10 years, the owner of the electronic changeable copy billboard shall have a structural inspection made of the electronic changeable copy billboard by an engineer or an architect and shall provide to the Borough a certificate from the engineer or architect certifying that the electronic changeable copy billboard is structurally sound.

[3] Annual inspections of the electronic changeable copy billboard shall be conducted by the Borough to determine compliance with the provisions of this chapter.

[4] Electronic changeable copy billboard found to be in violation of this chapter shall be brought into compliance or shall be removed within 30 days upon proper notification by the Borough. Failure to comply shall be a violation of this chapter.

G. Bottle clubs.

(1) Each club shall be located not less than 200 feet from the nearest club, not less than 300 feet from the nearest school, hospital, church, charitable institution or public playground, not less than 200 feet from the nearest establishment holding a liquor license and not less than 500 feet from the residence of any inhabitant of the neighborhood to whose welfare and/or health such club would be detrimental.

H. Car washes.

(1) All automated washing facilities shall be in a completely enclosed building, as defined by this chapter. All other car washing facilities shall be under a roofed structure which has at least two walls.

(2) Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets or other property.

(3) A stacking area shall be required on the lot for automobiles accessible to the end of the washing equipment. Such stacking area shall be able to accommodate the number of vehicles equal to the maximum hourly processing capability of the aforesaid car wash. Such information shall be provided to the Borough as part of the application for the conditional use.

(4) An area beyond the exit end of the washing equipment sufficiently large enough to accommodate 1/4 of the maximum hourly processing capability provided in above for the aforesaid vehicular car wash.

(5) The facility shall be connected to public sanitary sewer.

(6) Any car wash which also dispenses gasoline shall meet all applicable requirements of § 375-61W, governing gasoline stations.

I. Cemeteries.

(1) A minimum site of 10 acres is required.

(2) A drainage plan shall be submitted with the application for the use, showing existing and proposed runoff characteristics.

(3) A groundwater study prepared by a hydrologist or registered engineer qualified to perform such studies shall be submitted with the application.

(4) All maintenance equipment shall be properly stored in an enclosed building when not in use.

(5) Burial sites shall comply with the setbacks required for principal structures in the zoning district, and burial structures shall not be located within 100 feet of any property line adjoining residential use or residential zoning district.

J. Child day-care centers, small-family child day-care home, and large-family child day-care home.

(1) A minimum site of 8,000 square feet is required.

(2) Proof of a valid license to operate child day-care facilities issued by the Pennsylvania Department of Human Services shall be provided to the Borough prior to the issuance of an occupancy permit by the Borough for the use.

(3) All child day-care facilities shall provide a minimum area for indoor play at a ratio of 40 square feet per child.

(4) All child day-care facilities shall provide outdoor play space at a minimum ratio of 65 square feet per child using the outdoor play facility. Long, linear configurations shall be avoided to assure the functionality of the space as a play area. At no point shall the play area be less than 20 feet in width.

(a) The outdoor play area shall adjoin the building where the child day-care facility is located.

(b) The outdoor play area shall be no closer than 30 feet to a private/public street right-of-way, or 10 feet to any other property lines.

(c) The outdoor play space shall be completely enclosed by a safe and adequate fence or wall a minimum of four feet in height, unless a greater height is required by the Council. Any outdoor play area potentially susceptible to encountering vehicles leaving the roadway, travel lanes, or accessways shall be protected by a barrier capable of preventing the vehicle from entering the play area.

(d) Nonyielding surfaces, such as concrete, asphalt, gravel, etc., are prohibited beneath any piece of permanently installed play equipment. Certain rubber padding may be permissible over hard surfaces when approved by the Council. Nonyielding surfaces shall not exceed 1/4 of the required outdoor play space.

(5) Safe vehicular access and off-street areas for the discharge and pickup of children shall be provided in the following manner:

(a) Minimum dimensions of discharge and pickup areas shall measure eight feet by 55 feet.

(b) Discharge and pickup areas shall be so located and designed so that the vehicles intended to use them can maneuver safely and conveniently to and from a public right-of-way and complete the discharge and pickup without obstructing or interfering with the use of any public right-of-way, any parking space, or parking lot aisle.

(c) No area allocated as a discharge and pickup area may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for discharge and pickup areas. All off-street discharge and pickup areas shall be separated from walkways, sidewalks, parking lot aisles, streets, and alleys by curbing or other protective devices as approved by the Borough Engineer.

K. Church, place of worship or assembly.

(1) No minimum lot size. The lot must be of adequate size to include required off-street parking facilities, access driveways, landscaping and stormwater management facilities.

(2) The proposed use shall have direct access to a public street with sufficient capacity to accommodate the traffic generated by the proposed use.

(3) Access drives shall be located to take maximum advantage of sight distances for motorists; shall be as remote as possible from street intersections.

(4) Parking areas shall be screened from view of neighboring houses or those directly across a street from the lot.

(5) A dwelling (such as a manse or parsonage) may be located on the same lot with a church, provided all requirements of this chapter for single-family dwellings in the zoning district can be met, in addition to the minimum lot area, lot width and yard requirements applicable to the church.

(6) A day care may be operated in the church on the same lot, provided that the conditions provided in § 375-61J are met.

L. Civic, social or fraternal club.

(1) No outdoor active recreation area shall be located nearer to any lot line than 100 feet.

(2) Sufficient screening shall be provided so as to protect the neighborhood from inappropriate noise and other disturbance.

M. School, college or university.

(1) The school shall be the sole occupant of the lot and, other than an elementary school, shall have access directly to an arterial or collector street.

(2) Access drives shall be located to take maximum advantage of sight distances for motorists; shall be as remote as possible from street intersections.

(3) Parking areas shall be screened from view of neighboring houses or those directly across the street from the lot.

(4) Recreational areas shall be located no closer than 30 feet to an abutting street or 10 feet to other lot lines.

(5) The school's course of instruction or other activities on the lot shall not create noise, dirt, glare, dust or other nuisances on adjacent properties.

N. Communication facilities, towers, and co-locations.

(1) Standards applicable to all communication towers.

(a) A communication tower may not be located on a lot occupied by other principal buildings and structures but may occupy a leased parcel within a lot meeting bulk and area requirements for the applicable zoning district and the requirements of this section.

(b) Interference prohibited. Communications antennas shall not cause radio frequency interference with any other communications facility located in the Borough.

(c) Omnidirectional antennas. Omnidirectional communications antennas shall not exceed 20 feet in height and seven inches in diameter.

(d) Directional or panel antennas. Directional or panel communications antennas shall not exceed five feet in length and three feet in width.

(e) Communication towers are not permitted to be located in any front yard.

(f) Setbacks. The foundation and base of any communication tower shall be set back from any abutting residential district at least 150 feet and shall be set back from any other property line, or a lease line, if applicable, at least 50 feet. In the event that a communications antenna located on a communication tower extends further than the foundation and base of the communication tower, the setback shall be measured from the furthest extended edge of the communications antenna. To the extent that a greater setback is required by any other applicable section of this chapter, the greater setback shall apply.

(g) Maximum height. In the M-1 Mixed Use Industrial District, the maximum height of any communication tower shall be 150 feet. The height may be increased to no more than 200 feet, provided that the required setbacks from adjoining property lines, or lease lines, if applicable, are increased by one foot per each one foot in height in excess of 150 feet.

(h) Communications equipment buildings. Communications equipment buildings associated with the use of a communication tower or with communications antennas mounted on a communication tower shall comply with the required yards and height requirements of the applicable zoning district.

(i) Access. Access shall be provided to the communication tower and any associated communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface for its entire length.

(j) Parking. Parking shall be provided as required by § 375-26.

(k) Fencing. Notwithstanding § 375-25 of this chapter, the site of a communication tower shall be secured by a fence with a maximum height of eight feet to limit accessibility by the general public.

(l) Guy wires. All guy wires associated with guyed communication towers shall be located within the facility's fenced enclosure.

(m) Signs and lights. No signs or lights shall be mounted on a communication tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction, other than those needed to identify the property or warn of any danger or for other safety reasons.

(n) Maintenance. Communication towers shall be protected and maintained in accordance with the requirements of the Borough's Building Code,[3] as well as federal and state regulations.

[3] Editor's Note: See Ch. 198, Construction Codes, Uniform.

(o) Landscaping and screening. The base of a communication tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties.

(p) Aviation regulations. Communication towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations.

(q) Removal.

[1] If a communications facility, communication tower, communications equipment building and/or communications antenna remains unused for a period of six consecutive months, the owner or operator shall dismantle and remove it within six months of the expiration of such six-month period, costs of removal to be paid by the owner or operator.

[2] The owner of the real property on which the communication tower, communications equipment building and/or communications antenna is located shall be responsible for removal in the event that the owner or operator fails to remove in accordance with this chapter.

[3] If an owner or operator or the property owner fails to remove the communication tower, communications equipment building and/or communications antenna in accordance with this chapter, the Borough shall have the authority to enter the subject property and remove the communication tower, communications equipment building or communications antenna.

[4] All costs of removal shall be borne by the owner or operator or the property owner, including the event of the Borough's removal of the tower.

(2) Additional standards for communications facilities.

(a) Communications facilities proposed or permitted by conditional use shall meet all standards set forth above and must comply with the following additional requirements.

(b) Lapse. Any grant of use by conditional use will automatically lapse if the owner or operator's FCC license ever expires, lapses or is revoked.

(c) Additional landscaping and camouflage requirements for communications facilities. Communications facilities as conditional use or special exceptions shall be camouflaged behind an effective year-round landscape buffer that is compatible with the uses of the neighboring properties.

(3) Application procedures for all communications facilities.

(a) The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communication tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications facilities, communication tower, communications antennas and communications equipment buildings.

(b) The applicant shall submit certification from a Pennsylvania registered professional engineer that the proposed communication tower will be designed and constructed in accordance with the current structural standards for material-type antenna towers and antenna supporting structures, published by the Electrical Industrial Association/Telecommunications Industry Association and applicable requirements of the Borough's Building Code, as well as federal and state law.

(c) The applicant shall demonstrate that the proposed communication tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

(4) Additional application procedures for communications facilities.

(a) Conditional use permit granting authority. The East Pittsburgh Borough Council shall have the authority to grant a permit for use as a conditional use for communications facilities, communication towers and communications antennas.

(b) Preapplication conference. Prior to submission of an application for use as a special exception, the applicant is strongly recommended to meet with the Zoning Officer to discuss the proposed communications facility, tower or antenna in general terms and to clarify the filing requirements. The applicant is encouraged to prepare sufficient preliminary drawings to inform the Zoning Officer of the location of the proposed facility, as well as its overall design.

(c) Application filing requirements. The following shall be included with an application for a use as a conditional use for all communications facilities and communication towers:

[1] General filing requirements to Zoning Officer.

[a] Name, address and telephone number of the applicant and any coapplicants, as well as any agents for the applicant or coapplicants.

[b] Coapplicants may include the landowner of the subject property, licensed carriers and tenants of the communication tower.

[c] A licensed carrier shall be either an applicant or coapplicant.

[d] Original signatures of the applicant and all coapplicants applying for the use by special exception.

[2] Location filing requirements to Zoning Officer.

[a] Identification of the subject property, including the property address.

[b] Tax Map and parcel number of the subject property.

[c] Zoning district designation.

[d] A Borough-wide map showing the other existing communications facilities or communication towers in the Borough.

[e] The proposed locations of all existing and future communication towers in the Borough for this carrier.

[3] Filing requirements to the Borough Council.

[a] Any applicant proposing construction of a new communication tower as a use by conditional use shall demonstrate that a good-faith effort has been made to obtain permission to mount the communications antennas on an existing communication tower or other structures (co-locate). A good-faith effort shall require that all owners of potentially suitable existing communication towers within a two-mile radius of the proposed communication tower site be contacted and that one or more of the following reasons for not selecting such location apply:

[i] The proposed antennas and related equipment would exceed the structural capacity of the existing communication tower, and its reinforcement cannot be accomplished at a reasonable cost.

[ii] The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing communication tower, and the interference cannot be prevented at a reasonable cost.

[iii] Such existing communication towers do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.

[iv] Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such communication tower exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

[v] A commercially reasonable agreement could not be reached with the owners of such or communication tower.

[b] In the event that co-location is not feasible, a written statement for the reasons for the unfeasibility shall be submitted to the Borough. The Borough may retain an RF engineer to verify if co-location at the site is not feasible. The cost for such an engineer will be at the expense of the applicant. The Borough may deny a permit if the applicant has not demonstrated a good-faith effort to provide for co-location.

[4] Site plan filing requirements to be submitted to the Planning Commission.

[a] An applicant proposing construction of a new communication tower as a use by conditional use shall demonstrate that the proposed height of the communication tower is the minimum height necessary to perform its function.

[b] A site plan diagram drawn to scale at one inch equals 40 feet, showing the following:

[i] Property lines for the subject property.

[ii] Property lines for all properties adjacent to the subject property and within 300 feet.

[iii] Zoning district designation of all adjacent properties.

[iv] Tree cover for the subject property and adjacent properties, by dominant species and average height, as measured by or available from a verifiable source.

[v] Outline of all existing buildings, including those on the subject property and within 300 feet.

[vi] Proposed location of the communication tower and communications equipment buildings.

[vii] Proposed fencing, including a description of such fencing and showing the point of entry to the facility.

[viii] Location of all roads, public and private, within 300 feet of the proposed facility, including driveways.

[ix] Distances at grade from the communication tower facility to each building on the site plan.

[x] Contours at two-foot intervals.

[xi] All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways.

[xii] Representations, dimensioned and to scale, of the proposed communication towers, communications antennas, communications equipment buildings, cable runs, parking areas and any other construction on the property.

[xiii] Lines representing the sight line showing the viewpoint and visible point.

[c] Sight lines and photographs as described below:

[i] Sight line representation. A sight line representation shall be drawn from any public road within 300 feet and the nearest facade of each residential building within 300 feet to be the highest point of the communication tower. The profiles shall show all intervening trees and buildings.

[ii] Existing condition photographs. Each sight line shall be illustrated by one color photograph of what can currently be seen from any public road within 300 feet.

[iii] Proposed condition photographs. Each existing condition photograph shall have superimposed on it the proposed facility as seen from any public road.

[d] Design filing requirements to be submitted to the Planning Commission.

[i] Landscape plan, including existing trees and shrubs identified by size and species.

[ii] A balloon or crane test at the proposed site to illustrate the height of the proposed facility. The date, time and location of such test shall be advertised in a newspaper of general circulation in the Borough at least 14 days prior to the test.

O. Community center.

(1) Lot coverage, including structures, parking lots, and buildings, shall not exceed 50% of the lot.

(2) The facility area and lot boundaries shall be landscaped as required by the Borough Council to minimize noise projection and make the grounds aesthetically compatible to the surrounding properties.

(3) All facilities shall have a paved parking area in accordance with this chapter; and it shall not be closer than 25 feet to any residential lot line.

(4) All facilities shall abut a public road and have a permanent access thereto.

(5) Alcoholic beverages without a state liquor control board license, amplified music, and jukeboxes shall be prohibited on the premises.

(6) No direct or sky-reflected glare, whether from floodlights or any other kind of light, shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level.

(7) All pools shall be surrounded by a fence at least six feet in height, the entrance to which shall be kept locked when attendant is not present; and shall be constructed in accordance with all applicable state requirements.

(8) Tennis courts shall be protected by a permanent fence 10 feet in height behind each baseline, extending 10 feet beyond the playing area in each direction.

(9) The proposal shall be compatible with the neighborhood and will not adversely affect adjoining lots.

(10) The amount of new traffic generated shall not have a detrimental impact on the neighborhood.

P. Conversion dwellings.

(1) An existing dwelling of a class hereinafter defined may be converted into dwelling units for the use of two or more families subject to the conditions hereinafter stated. The class of dwellings which may be so converted shall be limited to any dwelling which shall have been erected more than 20 years before such proposed conversion, and any dwelling, although not having been erected more than 20 years before such conversion, which shall be one the Borough Council, after a hearing, finds to be in such a state of disrepair, obsolescence or dilapidation as to be, in its existing state, dangerous or injurious to health, safety, general welfare or the conservation of the value of property in its neighborhood. The dwellings hereinbefore mentioned may be so converted only subject to the following conditions, unless the Borough Council, after a hearing, finds that the general purpose and intent of this article will be promoted by permitting an exception thereto and authorizes the same.

(a) The principal building or buildings on a lot on which a dwelling is so converted shall not occupy more than 1/4 of the ground area of such lot.

(b) A dwelling to be converted for the use of three or more families shall have a lot area of not less than 10,000 square feet for the first three family units to be accommodated therein and an additional 2,000 square feet for each additional family unit.

(c) Any addition to an existing building shall come within the front, side and rear yard requirements for the applicable zoning district. No additions shall be made as a result of which the principal building or buildings shall occupy more than 1/4 of the ground area of the lot on which such building or buildings are located.

(d) Fire escapes and outside stairways leading to a second or higher floor shall, where practicable, be located on the rear of the building and shall not be located on any building wall facing a street.

(e) No dwelling shall be so converted unless in connection therewith it be placed in a reasonable state of repair.

(f) After the conversion, the dwelling shall retain substantially the appearance of a one-family dwelling.

(g) Garage or off-street parking facilities shall be provided sufficient to provide storage or parking for a number of vehicles equal to not less than two-thirds the number of family dwelling units.

Q. Country club or golf course.

(1) The course shall be designed so that golf balls will not be driven over or across any building, building lot, road, access drive, driveway or parking lot. In addition, the golf course design shall minimize the cart path crossing of streets.

(2) A minimum separation distance shall be maintained between the golf course and adjoining properties. The following minimum distances shall be measured from the center line of the golf course to the adjacent property line.

(a) Seventy-five feet minimum distance from the center line of the tee box to the adjacent property line.

(b) One hundred fifty feet minimum distance from the center line of the landing area to the adjacent property line.

(c) One hundred feet minimum distance from the center line of the green to the adjacent property line.

(3) The area between the edge of the course and the property line shall be utilized for planting, as appropriate, to preserve and protect adjoining properties and views from and of the golf course. Planting areas shall be delineated on the preliminary land development plan. The planting scheme (size, type and location of landscaping) shall be shown on the landscape plan submitted with the final land development plan.

(4) All golf course buildings and structures shall be set back 250 feet from any exterior lot line.

(5) Any points where the golf course crosses a road shall be signed, warning motorists and pedestrians.

(6) No outdoor storage of golf carts or maintenance equipment shall be permitted.

(7) A golf course may include the following accessory uses:

(a) A clubhouse with a pro shop, offices, restaurant/snack bar, game room, and child-care room.

(b) Golf cart maintenance and equipment storage and service facilities.

(c) Practice putting greens and driving range, without outdoor lighting.

R. Drive-through facility.

(1) Minimum stacking space requirements.

(a) All uses which include a drive-up window or which are characterized by patrons remaining in their vehicles to receive service shall provide on-site stacking spaces in order to alleviate traffic congestion.

(b) Stacking spaces shall be a minimum of 12 feet in width and 20 feet in length.

(c) All stacking areas shall be separate from other vehicular and pedestrian circulation aisles and parking spaces. It is recommended that stacking lanes be separated through the use of landscaped islands bounded by concrete curbing.

(d) The number of stacking spaces required shall be determined by the following schedule:

[1] Restaurant, fast food. A minimum of five spaces as measured from the drive-through window.

[2] Car washes. A minimum of four spaces per car wash bay as measured from the bay.

[3] Financial institutions. A minimum of four spaces for one drive-through window, plus three spaces for each additional drive-through window or automated teller machine (ATM).

[4] Other uses with drive-through windows or similar characteristics. For uses not provided herein, the Planning Commission shall determine the appropriate number of stacking spaces based on a use listed above that most closely approximates the proposed use, or through information provided by the developer or owner of the proposed use, or through consultation with other communities containing uses similar to the one proposed, or through a combination of these methods.

(2) Drive-in facilities adjacent to or integrated in a shopping center or cluster of commercial facilities shall use the common access with other business establishments in that center.

(3) Exterior microphone/speaker systems shall be arranged or screened to prevent objectionable noise impact on adjoining properties.

(4) All automated teller machines shall be located so that the on-site movement of vehicles will not be hampered by those cars belonging to persons using the automated teller machines.

S. Dry-cleaning processing facility.

(1) All materials and equipment shall be stored within a completely enclosed building.

(2) The use shall comply with all performance standards specified in this chapter.

(3) The storage or manufacture of hazardous or potentially hazardous materials which are not listed on file with the Borough shall not be permitted.

T. Funeral home or mortuary or crematorium.

(1) The minimum lot area shall be 40,000 square feet.

(2) The site shall have direct vehicular access to an arterial or collector street.

(3) Crematoriums are permitted as an accessory use to these land uses.

U. Garden apartments. Shall not have a lot area per family of less than 2,500 square feet per unit for the first four units, nor less than 1,200 square feet for the fifth and each additional unit.

V. Garden center, plant nursery, landscaping business or greenhouse.

(1) Commercial greenhouse heating plants shall be at least 100 feet from any property line.

(2) For commercial greenhouses and garden centers, the retail sales area for a greenhouse shall not exceed 1,200 square feet. The growing area shall not be considered sales area.

W. Gasoline stations, automobile repair, or automobile body shop.

(1) The minimum lot area shall be 10,000 square feet.

(2) Minimum side yards shall be 10 feet.

(3) No tank for the storage of flammable or otherwise hazardous material shall be installed except in accordance with the requirements of the Allegheny County Fire Marshal.

(4) All minor repair work, vehicle washing, waxing, detailing, lubrication and installation of parts and accessories shall be performed within an enclosed building.

(5) All accessory car washing areas shall discharge into public sanitary sewers.

(6) All vehicle parts, dismantled vehicles and similar materials shall be stored within an enclosed building or totally screened from view by a solid or privacy fence inside of a row of shrubs or evergreens with a minimum height of four feet.

(7) All vehicles awaiting repair shall be stored on the lot in an approved storage area, and in no case shall said vehicles be stored on or obstruct access to a public right-of-way.

X. Group residences, group care facilities and institutional facilities shall not be located on lots of less than 8,000 square feet, shall have side yards of not less than 151 feet, shall not be located within 1/4 of a mile from any other such facility, and shall not be approved unless plans prepared by a registered architect or engineer are submitted which clearly indicate that adequate light, ventilation and fireproofing are provided, and that the dwelling facility and its accommodations shall be functional and convenient with regard to the specific needs of the group to be housed in the facility.

(1) A license or certification shall be obtained from the Commonwealth of Pennsylvania, County of Allegheny, or other federal, state or local agency prior to approval; or if there be no appropriate licensing or certifying agency, the applicant shall submit evidence that the proposal satisfies a demonstrated need and will be conducted in a responsible manner without detriment to surrounding properties.

(2) The sponsor shall file annually with the Zoning Officer information that the facility continues to satisfy the conditions of original approval.

(3) The sponsoring agencies shall be notified by mail of the annual filing date 30 days prior to such date. Ten days after the filing date, an advertisement will be placed in the local newspapers for one day, listing those agencies that have applied for recertification and requesting comments from residents and community organizations within 30 days of the advertisement. Individuals or organizations wishing to file complaints should do so, in writing, to the Zoning Officer.

(4) Change of ownership or of any conditions of original approval shall constitute a new use, and the full procedure for obtaining approval of the conditional use shall be required.

Y. Halfway house.

(1) Halfway house must be licensed where required by an appropriate government agency(ies), and shall be in compliance with all applicable rules and regulations of the licensing body(ies). A copy of any required license must be delivered to the Borough prior to beginning the use.

(2) A halfway house shall be directly affiliated with a parent institution or organization which shall provide full-time supervision and administration to the residents of the house.

(3) A common cooking and eating area must be provided; no cooking or dining facilities shall be provided in individual rooms or suites.

(4) The residents of the halfway house shall reside on premises to benefit from the services provided.

(5) Necessary permits for water supply and sanitary waste disposal must be obtained.

(6) The halfway house shall not be located within 1,000 feet of any the following uses:

(a) Child-care facility;

(b) Places of worship or assembly;

(c) Community center;

(d) Library;

(e) Museum;

(f) Park;

(g) Playground;

(h) School;

(i) Other lands where minors congregate.

(7) The halfway house shall not be located with 1,000 feet of another halfway house.

(8) Each application shall be accompanied by a statement describing the following:

(a) The character of the halfway house;

(b) The policies and goals of the halfway house, and the means proposed to accomplish those goals;

(c) The characteristics of the residents and number of residents to be served;

(d) The operating methods and procedures to be used; and

(e) Any other facts relevant to the proposed operation of the halfway house.

(9) Any use permit granted for the halfway house shall be bound to the type and number of offenders listed on the application.

Z. Home occupation.

(1) The employees of a home occupation (other) may include the residents of said dwelling and a maximum of one nonresident.

(2) A home occupation shall not be permitted to be conducted in any accessory structure.

(3) The use shall not create any additional environmental impact other than those impacts, including but not limited to road infrastructure, traffic, garbage, water and sewage, normally resulting from residential use.

(4) The use shall not cause an increase in the use of water, sewerage, garbage, public safety or any other municipal services beyond that which is normal for an average residence in the neighborhood.

(5) The use shall not require internal or external alterations or construction features which change the fire rating of the structure.

(6) There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.

(7) There shall be no storage of materials or equipment outside an enclosed building.

(8) The conduct of any home occupation, including but not limited to the storage of goods or equipment, shall not reduce or render unusable areas required for enclosed parking for the dwelling unit.

(9) The use shall not create greater vehicular or pedestrian traffic than that which is normal for the residences in the neighborhood.

(10) All needs for parking generated by the conduct of a home occupation shall be provided for on the lot.

(11) The home occupation shall not involve the use of vehicles in excess of one-ton capacity or 9,000 pounds gross vehicle weight for delivery of materials to or from the premises, and such vehicles shall not be parked on the premises.

(12) There shall be no regular display of merchandise available for sale on the premises; however, merchandise may be stored on the premises for pickup and/or delivery. The home occupation shall not involve the use of advertising signs on or off the premises or any other local advertising media which shall call attention to the fact that the home is being used for business purposes, other than a telephone listing or small classified ad briefly describing the service and providing only a telephone number.

(13) The following uses shall not be considered to be home occupations and shall be limited to the districts in which they are specifically authorized as permitted uses, conditional uses or uses by special exception:

(a) Veterinary services.

(b) Automobile sales, rental, service and repair shops.

(c) Beauty shops and barbershops containing more than one chair.

(d) Hospitals, nursing homes, group living facilities.

(e) Kennels.

(f) Funeral homes.

(g) Private clubs.

(h) Private instruction to more than three students at a time.

(i) Restaurants.

(j) Keeping/boarding of horses for commercial enterprise.

(14) Small-family child day-care homes, as defined by this chapter, shall be considered a home occupation, provided that:

(a) All of the foregoing standards for a home occupation are met.

(b) All standards and criteria of § 375-61J are met.

(15) Any approved home occupation which requires any type of public access to the dwelling must obtain all required approvals from the Pennsylvania Department of Labor and Industry.

(16) Normal hours of operation shall be a maximum of 7:00 a.m. to 9:00 p.m. for customer/client traffic.

AA. Hospital.

(1) The facility operator shall meet all state and federal rules and regulations for hospital facilities.

(2) Minimum lot area: five acres.

(3) Minimum street frontage: 300 feet.

(4) Public/community sewer and public/community water shall be used.

(5) The subject property shall have frontage along an arterial roadway as defined in the East Pittsburgh Borough Comprehensive Plan, as amended.

(6) All height, area, setback and coverage standards within the underlying district shall apply.

(7) Emergency entrances shall be located on a building wall facing away from adjoining residentially zoned properties.

(8) The institution shall submit a copy of its emergency operations plan (EOP) to the Borough. The EOP shall include detailed information regarding solid, medical and hazardous materials and waste handling, including a listing of all medical and hazardous materials and wastes used and generated on site and evidence indicating the disposal of all materials and wastes will be accomplished in a manner that complies with state and federal regulations. The applicant shall provide documentation of compliance to the Zoning Officer from the applicable state or federal agency.

BB. Internet cafe/video gaming.

(1) Each such establishment shall be located no closer than 2,500 feet from another internet cafe/video gaming facility, regardless of the jurisdiction in which the facility is located;

(2) Each such establishment shall not be located within 500 feet of any area zoned for residential use, properties containing residential unit(s), religious worship activity, nursery school, day-care facility, educational facilities, any public or nonprofit recreation or amusement and any public or private school, regardless of the zoning district in which located, and shall be measured from the property line(s) containing such regulated use;

(3) In the event there is a change in the operational characteristics of the facility in which the internet cafe/video gaming operation is located, an updated complete application and site plan shall be resubmitted for re-review and approval prior to enacting the proposed change;

(4) This establishment shall not be located within the same facility as a commercial entity in the business of providing open alcoholic beverages (to include liquor, fortified wine, unfortified wine and beer), for sale or otherwise, provided any alcohol sales within the establishment shall not be permitted;

(5) No establishment shall contain any computer, computer program or gaming machine that has been declared to be banned in the State of Pennsylvania;

(6) Off-street parking shall be provided at the rate of one space for each 300 SF of space; and

(7) An annual license is required for any person, partnership, association, firm or corporation to operate an internet cafe/video gaming facility.

(a) Application:

[1] An application must be filed with the Borough at least one week before the activity commences.

[2] All applications must be submitted in writing.

[3] Each application must contain: name under which the business is to be conducted, name of applicant, present address, address of proposed business, nature of business, residence of applicant during the past 10 years if applicant is an individual, whether the applicant has ever had a license denied or revoked to conduct business, details of any arrests or convictions for misdemeanors and crimes, business telephone, name and address of attorney (if applicable), name and address of registered agent (if applicable).

[4] All licenses will be issued by the Borough upon payment of the proper fees.

[5] Upon receipt of an application for license, the Borough will investigate the application and applicant and report its findings to the Borough, favorable or otherwise, within 30 days upon receiving the application.

[6] The Borough has the right to deny an application for license if the application or license has not complied with general laws and statutes of Pennsylvania or the ordinances of the Borough.

[7] All fees shall be paid in advance at the time of application. Fees are used to cover the costs of inspections to ensure compliance.

[8] No license is transferable.

[9] All licenses will expire December 31 unless indicated otherwise on the license.

[10] License will be posted at the place of business.

[11] Fees will be established by the Borough from time to time for this application.

[12] Licenses will be revoked, in writing, by the Borough for fraud, misrepresentation or false statement, any violation of this or any other ordinance of the Borough, conviction of any crime involving moral turpitude, conducting the business in an unlawful manner as to constitute a breach of the peace or menace to the health, safety or general welfare of the public.

[13] Any applicant may file an appeal to the action of the Borough to deny a license. Such appeal must be filed within 10 days of the applicant receiving notice of the denial of their application. Borough Council will conduct a hearing regarding the appeal, and its decision will be final and conclusive.

[14] Any person convicted of violating or failing to comply with the provisions of this chapter will pay a fine of $300 for each offense and, in default of payment of said fine and costs, be imprisoned in Allegheny County jail for a period not to exceed 90 days for each offense.

CC. Junkyard.

(1) Maximum lot area shall be five acres.

(2) The outdoor area devoted to the storage of junk shall be completely enclosed by an eight-foot-high opaque fence which shall be set back at least 50 feet from all property lines and 100 feet from residentially zoned or existing residential properties.

(3) The setback area between the fence and the lot lines shall be kept free of weeds and all scrub growth.

(4) All completely enclosed buildings used to store junk shall be set back at least 50 feet from all property lines.

(5) No material may be stored or stacked so that it is visible from adjoining properties and roads.

(6) All additional federal and state laws shall be satisfied. The applicant shall provide documentation of compliance to the Zoning Officer from the applicable state or federal agency.

(7) All junk shall be stored or arranged so as to permit access to firefighting equipment and to prevent the accumulation of water, and with no junk piled to a height greater than eight feet.

(8) No oil, grease, tires, gasoline, or other similar material shall be burned at any time. No hazardous materials as defined by state and federal regulations shall be stored or burned at any time.

(9) Any junkyard shall be maintained in such a manner as to cause no public or private nuisance, not to cause any offensive or noxious sounds or odors, and not to cause the breeding or harboring of rats, flies, mosquitoes, or other vectors of disease.

(10) No junkyard shall be located on land with a slope in excess of 8%, prime agricultural soils, sinkhole-prone soils, wetlands, woodlands, or floodplains.

DD. Kennel.

(1) All animals shall be confined to the property.

(2) Adequate methods for sanitation and sewage disposal shall be provided.

(3) Outdoor runs shall be located a minimum of 200 feet from any dwelling not located on the same lot.

(4) Outdoor runs shall be screened with a solid fence to reduce the potential for inciting dogs to bark due to external influences.

(5) A site plan, drawn to scale, shall accompany the application, indicating the location of existing and/or proposed parking facilities, buildings, runs and other physical features.

EE. Long-term nursing care facility.

(1) The long-term nursing care facility shall meet all licensing requirements of the Commonwealth of Pennsylvania Department of Health.

(2) The facility shall have direct access to an arterial or collector street.

(3) The long-term nursing care facility shall be the sole occupant of the lot.

(4) Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.

(5) Parking areas shall be screened from view of neighboring houses or those directly across the street from the lot.

(6) Buildings shall be set back from one another and residential occupancy shall be in conformance with this chapter.

FF. Mobile home park.

(1) A mobile home park shall only include mobile homes of single width or multiple widths, but shall not include travel trailers or motor homes.

(2) The tract of land to be developed for a mobile home park shall be in single and separate ownership.

(3) Any parcel to be used as a mobile home park shall have a minimum size of 25 acres.

(4) Any site proposed for a mobile home park shall not be subject to any nuisance, such as excessive noise, vibration, smoke, toxic matter, radiation, heat, odors or glare.

(5) Every area to be used as a mobile home park must be served exclusively by an approved public or community water supply system and waste disposal system. In the case of community systems, a maintenance and ownership agreement shall be required.

(6) Density. The total number of lots in a mobile home park shall not exceed a maximum density of eight lots per acre

(7) Yard and area regulations. The following yard setback and lot area regulations shall apply to all mobile home parks developed pursuant to this section.

(a) Setback from tract boundary. No mobile home, auxiliary park buildings and other park structures may be located closer than 75 feet to any boundary of a mobile park regardless of whether that boundary abuts a lot, water body, road or other right-of-way.

(b) Lot area. All mobile home lots in a mobile home park, regardless of tenure, shall have a minimum lot size of 5,000 square feet.

(c) Lot width. No individual mobile home lot shall be less than 50 feet in width at the building setback line.

(d) No individual mobile home lot shall be less than 25 feet in width at the right-of-way line or the edge of the pavement of a private street, measured 50 feet from the center line of a public or private street or right-of-way, as applicable.

(e) Building area. The maximum coverage of any individual mobile home lot by all primary and accessory buildings and structures, including covered patios or decks, shall not exceed 40%.

(f) Minimum structure setbacks.

[1] Front yard. In no case shall the long side of a mobile home be located closer than 30 feet to the edge of the street right-of-way; provided, however, that the short side (ends of unit) of a mobile home may be located no closer to the street right-of-way than 25 feet.

[2] No more than six mobile homes in a row shall have the same setback distance; where varied setbacks are implemented, the difference shall be at least four feet.

[3] Side and rear yards. No mobile home or accessory building may be located closer than 10 feet to any side or rear lot line of an individual mobile home lot.

(g) Distance between structures. Mobile homes and roofed structures of areas attached thereto shall be separated from each other, and from other buildings, other than accessory structures, at their closest points by a minimum of 20 feet; provided, however, that whenever two mobile homes have their longer sides parallel or essentially parallel to each other for more than 25% of the length of either, the minimum distance between the two mobile homes shall be 30 feet.

GG. Motel, hotel or inn.

(1) Developments related to a hotel/motel or hotel-office complex shall not exceed 60 feet in height, and a hotel-office complex must be integrated into one contiguous structure. In those cases where the lot or parcel of ground to be developed is irregular in shape and bordered on at least two sides by nonaccessible highways, the Council may deviate from otherwise applicable lot area coverage provisions and setback requirements of this chapter.

(2) Parking shall be as required by the Council and shall be based on the single or combined use or uses of the property. Requirements for parking shall take into consideration the established number of parking spaces set forth in Article V, but such section shall not be binding on the Council.

(3) Fire safety precautions shall be as finally determined by the Council upon recommendation of the Fire Marshal's office.

(4) All entrances to motel or hotel rooms shall be through an interior hallway. No exterior door access shall be permitted from hotel or motel rooms.

HH. Municipal, state or federal building or facility. The storage of maintenance vehicles and related apparatuses shall be within wholly enclosed buildings in all zoning districts.

II. Older adult daily living center.

(1) The older adult daily living center shall meet all requirements of the Pa. Code Title 6, Aging, Part 1, Department of Aging, Chapter 11, Older Adult Daily Living Centers, Subchapter A, Licensure and Operation Requirements.

(2) The facility shall have direct access to an arterial or collector street.

(3) The maximum impervious surface ratio shall be 50%.

(4) Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.

(5) Parking areas shall be screened from view of neighboring houses or those directly across the street from the lot.

JJ. Personal care home.

(1) The personal care home shall meet all licensing requirements of the Commonwealth of Pennsylvania Department of Human Services.

(2) The personal care home shall be the sole occupant of the lot.

(3) Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.

(4) Parking areas shall be screened from view of neighboring houses or those directly across the street from the lot.

(5) Buildings shall be set back from one another, and residential occupancy shall be in conformance with this chapter.

KK. Personal storage facility.

(1) The storage of hazardous materials such as toxic or explosive substances is prohibited.

(2) Wholesale or retail sales, garage sales, flea market, or outside storage is prohibited.

(3) The maximum size of the individual storage units shall be 500 square feet.

(4) Hours of operation and activities must be appropriately scheduled to protect the operation of the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.

(5) The lot shall have direct ingress/egress to a public collector or arterial road, as defined by this chapter, and points of ingress/egress shall not be through a road on which the current use of the majority of lots fronting on the road is one-family dwellings.

(6) Vehicular access to the lot shall be limited to one two-way or two one-way driveways from each arterial or collector road on which the lot has frontage.

(7) All one-way driveways shall have a minimum of one ten-foot parking lane, plus one fifteen-foot travel lane.

(8) All two-way driveways shall provide a minimum of one ten-foot parking lane, plus two twelve-foot travel lanes. Parking lanes may be eliminated where the driveway does not serve storage units.

(9) All interior driveways shall be paved with an impervious surface sufficient for the loads the driveways are expected to bear.

(10) A minimum eight-foot fence with a self-latching gate shall be placed surrounding the property. The fence shall be supplemented with screening material which creates a visual barrier that is at least 80% opaque.

(11) The minimum distance from the face of any storage building to the face of any adjacent storage building shall be 28 feet for storage units which are less than 15 feet in depth and 42 feet for storage units which are more than 15 feet in depth.

(12) The minimum distance from the end of any storage building to the end of any adjacent storage building shall be 20 feet.

(13) The maximum length of any storage building shall be 200 feet.

(14) Maximum lot coverage by all buildings shall be 40%.

(15) Office space may be provided which shall not exceed 5% of the total floor area devoted to storage.

(16) Storage shall occur completely within enclosed buildings.

(17) Storage units shall not be equipped with water or sanitary sewer service.

(18) No business activity other than rental of storage units shall be conducted on the premises.

LL. Public surface parking. Meet the design standards for nonresidential parking facilities as described in Section 780-520 of Article V, Design Standards, of the Allegheny County SALDO.

MM. Recreation facility indoor recreation facility indoor (private and semiprivate). A public, private and semiprivate recreation facility shall be permitted as a use by conditional use or special exception subject to the following express standards and criteria:

(1) Lot coverage, including structures, parking lots, and buildings, shall not exceed 50% of the tract.

(2) The facility area and lot boundaries shall be landscaped as required by the Zoning Hearing Board to minimize noise projection and make the grounds aesthetically compatible to the surrounding properties.

(3) All structures shall not be less than 100 feet from any lot line, and no less than 200 feet from the nearest house.

(4) All facilities shall have a paved parking area in accordance with this chapter, and it shall not be closer than 25 feet to any residential lot line.

(5) All facilities shall abut a public road and have a permanent access thereto.

(6) Alcoholic beverages without a state liquor control board license, amplified music, and jukeboxes shall be prohibited on the premises.

(7) No direct or sky-reflected glare, whether from floodlights or any other kind of light, shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level.

(8) The Zoning Hearing Board may limit hours of operation based on the use and location of the facility in order to minimize negative impacts on surrounding residential neighborhoods. Operating hours for the purpose of this section shall mean the period of time that the recreational or athletic activity is occurring.

(9) All pools shall be surrounded by a fence at least six feet in height, the entrance to which shall be kept locked when attendant is not present, and shall be constructed in accordance with all applicable state requirements.

(10) Fences for other types of facilities shall be as prescribed by the Zoning Hearing Board.

(11) The developer shall demonstrate the proposal will be compatible with the neighborhood and not adversely affect adjoining lots.

(12) The amount of new traffic generated shall not have a detrimental impact on the neighborhood.

(13) Any proposal for development on a two-lane highway shall include road widening to provide turning lanes for traffic in both directions.

(14) Plans shall clearly show ingress-egress facilities and provide proper sight visibility for motorists.

NN. Recreation facility outdoor (private and semiprivate). A public, private and semiprivate recreation facility shall be permitted as a use by conditional use or special exception subject to the following express standards and criteria:

(1) All pools, tennis courts, or other comparable facilities shall be considered structures for the purpose of this chapter.

(2) Lot coverage, including structures, parking lots, and buildings, shall not exceed 50% of the tract.

(3) The facility area and lot boundaries shall be landscaped as required by the Zoning Hearing Board to minimize noise projection and make the grounds aesthetically compatible to the surrounding properties.

(4) All structures shall not be less than 100 feet from any lot line, and no less than 200 feet from the nearest house.

(5) All facilities shall have a paved parking area in accordance with this chapter, and it shall not be closer than 25 feet to any residential lot line.

(6) All facilities shall abut a public road and have a permanent access thereto.

(7) Alcoholic beverages without a state liquor control board license, amplified music, and jukeboxes shall be prohibited on the premises.

(8) No direct or sky-reflected glare, whether from floodlights or any other kind of light, shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level.

(9) Hours of operation shall be scheduled to minimize negative impacts on surrounding residential neighborhoods. The Zoning Hearing Board may limit hours within this time frame based on the use and location of the facility. Operating hours for the purpose of this section shall mean the period of time that the recreational or athletic activity is occurring.

(10) All pools shall be surrounded by a fence at least six feet in height, the entrance to which shall be kept locked when attendant is not present; and shall be constructed in accordance with all applicable state requirements.

(11) Tennis courts shall be protected by a permanent fence 10 feet in height behind each baseline extending 10 feet beyond the playing area in each direction.

(12) Fences for other types of facilities shall be as prescribed by the Zoning Hearing Board.

(13) The amount of new traffic generated shall not have a detrimental impact on the neighborhood.

(14) Any proposal for development on a two-lane highway shall include road widening to provide turning lanes for traffic in both directions.

(15) Plans shall clearly show ingress-egress facilities and provide proper sight visibility for motorists.

OO. Schools.

(1) The school shall be the sole occupant of the lot and, other than an elementary school, shall have access directly to an arterial or collector street.

(2) Access drives shall be located to take maximum advantage of sight distances for motorists; shall be as remote as possible from street intersections.

(3) Parking areas shall be screened from view of neighboring houses or those directly across the street from the lot.

(4) Recreational areas shall be located no closer than 30 feet to an abutting street or 10 feet to other lot lines.

(5) The school's course of instruction or other activities on the lot shall not create noise, dirt, glare, dust or other nuisances on adjacent properties.

(6) Parking lot lighting shall be shielded so that there is not lighting glare on adjacent residential properties and no footcandle spill off the property being developed.

(7) If a parking lot is adjacent to a residential property, there must be a solid screen wall or evergreen vegetation at least six feet high at time of occupancy that obstructs the parking lot.

PP. Theater.

(1) The proposed use shall have direct access to an arterial or collector street.

(2) Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.

QQ. Transportation terminal.

(1) The proposed use shall have direct access to an arterial street.

(2) Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.

(3) Maximum lot coverage by all building shall be 40%.

(4) Shall not be located on lots of less than two acres, shall have side yards of not less than 25 feet, and shall not have any tank for the storage of flammable or otherwise hazardous material closer than 40 feet to any property line.

RR. Townhouses.

(1) Shall not have a lot area per family of less than 3,000 square feet per unit for the first two units, nor less than 2,500 square feet for the third and each additional unit in the R-2 District.

(2) All off-street parking spaces shall be incorporated into the building. Guest parking shall be located no more than 300 feet from each townhouse.

(3) All dumpsters and/or waste collection areas shall be located at minimum of 50 feet from the nearest residential unit and shall be enclosed by a solid masonry screen.

(4) The primary entrance to the multifamily residential units shall be from a primary public or private road.

(5) The maximum number of contiguous units shall be 10.

SS. Utility structures. A solid fence shall be required to completely screen the structure. A six-foot-high row of shrubs or evergreens shall be planted around the exterior of the fence.

TT. Any principal use not specifically listed.

(1) Uses which are not specifically listed as permitted or conditional uses in any zoning district may be authorized in the M or OU District by the East Pittsburgh Borough Council as conditional uses.

(2) In order to obtain a conditional use under this section, the applicant bears the burden of establishing the following to the satisfaction of the Council:

(a) The proposed use must be fully consistent and in harmony with the purpose of the district in which it will be located.

(b) The impact of the use on the environment and adjacent streets is equal to or less than any use specifically permitted as a permitted or conditional use in the subject district.

(c) In determining the impact on the environment and adjacent properties, the Council shall consider such development characteristics as the number of employees, the floor area of the proposed building devoted to the proposed use, the type of products involved, the materials, equipment or services involved, the magnitude of walk-in trade, traffic generation, parking demand, environmental impacts, and any other information that Council determines will aid in determining the impact of the use.

(d) The proposed use shall comply with the expressed standards and criteria of the zoning district in which the use is to be located and all other requirements of this chapter.

(e) The proposed use shall be in accordance with the community development objectives of this chapter and the Comprehensive Plan, as adopted and amended.

(3) Prior to the hearing before the Borough Council, the applicant shall submit all studies, documents and testimony which the applicant wishes to be considered in connection with the conditional use application, for review and recommendation by the Borough Planning Commission.

(4) When granting a conditional use pursuant to this section, the Council may impose any reasonable conditions it believes are necessary to ensure compliance with this chapter.