The regulations contained in this article are intended to apply
to all zoning districts, uses, structures or lots except as otherwise
provided in this chapter.
A.
Pending permits.
(1)
Nothing in this chapter shall require any change in construction
or use of any structure for which a zoning permit was lawfully issued
prior to the effective date of this chapter or any amendment thereto,
provided that construction has begun or a contract or contracts have
been let pursuant to the permit issued prior to the effective date
of this chapter or any amendment thereto.
(2)
However, any zoning permit which was issued subsequent to the first
public hearing on this chapter, or any amendment thereto, but prior
to the chapter's or amendment's effective date, shall be declared
void at the time of adoption of this chapter, or any amendment thereto,
if the structure or use does not conform to the provisions of this
chapter, or any amendment, and if no construction has begun or contract(s)
let.
B.
Mixed uses. Land, buildings and structures shall be designed and
used only for authorized uses within respective zoning districts.
Except where specifically authorized by this chapter, multiple uses
of land, buildings or structures are prohibited.
C.
Dwelling in a basement. No dwelling unit or units shall be contained
in a basement or cellar which does not have 50% or more of its average
height above grade level.
D.
Trash and garbage disposal storage. In C-1, C-2, I-1, CD and SD Districts,
exterior trash or garbage storage shall be screened from view of a
public street or an adjacent property.
A.
Permitted accessory uses. A permitted accessory use must comply with the definition of accessory use contained in Article II. Permitted accessory uses are:
(1)
Garage, carport, shed or building for domestic storage, or storage
of a boat, trailer, camper or other recreational vehicle.
(2)
Child's playhouse, garden house, gazebo and private greenhouse.
(3)
Private residential swimming pool, tennis court or similar private
recreational facility.
(7)
Civil defense shelter for not more than two families.
(8)
Satellite dish antennas.
(9)
Storage of merchandise normally carried in stock on the same lot
with a permitted retail, service or office use, unless such storage
is excluded by the district regulations.
(10)
Storage of goods used in or produced by manufacturing activities,
on the same lot or parcel of ground with such activities, unless such
storage is excluded by the district regulations.
(11)
Employee restaurants and cafeterias when located in a permitted
business or manufacturing building.
B.
Prohibited accessory uses. The following uses are not permitted as
accessory uses:
(1)
Outdoor storage or overnight parking of trucks or vans exceeding
7,000 pounds in gross vehicle weight or designated as Class III or
above by the Pennsylvania Motor Vehicle Code,[1] or vehicles with dual rear wheels, or construction vehicles
or equipment, or motor vehicles that do not have a current inspection
sticker, shall be prohibited in R-1, R-2, R-3, CD and SD Districts.
Construction vehicles or equipment may be parked on a lot while construction
activity is proceeding, provided that a zoning permit has been duly
granted for the construction activity.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
(2)
Outdoor storage of equipment, supplies or other materials in commercial
or industrial districts, except as specifically permitted by the district
regulations of this chapter.
C.
Location of accessory uses. Unless otherwise stipulated by this chapter,
the following standards shall apply:
(1)
R-1, R-2, R-3 and CD Districts.
(a)
Front yard. Accessory uses, with the exception of permitted
signs and fences, shall not be located in the required front yard
of any zoning lot.
(b)
Side yard. Accessory uses, with the exception of garages, carports
and fences, shall not be located within a required side yard. No permitted
accessory use shall be located within four feet of any side lot line.
On a corner lot, an accessory structure in a side or rear yard must
maintain the same setback from the street right-of-way line as the
principal structure.
(c)
Rear yard. Accessory uses are permitted, provided that they
are no closer than five feet to any lot line and comply with the other
requirements of this subsection.
(2)
C-1, C-2 and I-1 Districts.
(a)
Front yard. In addition to permitted signs which are in compliance
with this chapter, off-street parking areas are permitted in a required
front yard. The parking area in a C-2 or I-1 District must maintain
a minimum three-foot landscaped setback from the street right-of-way
or sidewalk line.
(b)
Side and rear yards. Accessory uses are permitted in a required side or rear yard. If the yard abuts a residential district, the accessory use must maintain a minimum three-foot setback from any lot line, screened in accordance with § 158-23C of this chapter. No accessory structure shall be located in a buffer area which is required by this chapter.
(3)
SD Districts. Location of accessory uses shall be the same as in the R-1 District, unless stated otherwise in the schedule of district regulations for an SD District. See § 158-19.
(4)
In all zoning districts, no part of any accessory structure shall
be located closer than 10 feet to any principal structure on the same
lot or any abutting lot, unless it is attached to or forms a part
of such principal structure. No accessory structure shall be located
closer than five feet to another accessory structure on an abutting
lot.
(5)
Accessory structures and uses shall otherwise comply with the bulk
regulations applicable in the district in which they are located.
D.
Use limitations shall be as follows:
(1)
All accessory structures and uses shall comply with the use limitations
applicable in the zoning district in which they are located.
(2)
No accessory structure shall be constructed and occupied on any lot
prior to the time of the completion of the construction of the principal
structure to which it is accessory.
(3)
No accessory structure shall be used as a dwelling unit.
E.
Permit and maintenance requirements shall be as follows:
(1)
A zoning permit must be obtained from the Borough Zoning Officer
for any new, expanded or altered accessory use or structure. The owner
is responsible for maintaining the accessory use/structure in safe
condition in accordance with all applicable regulations.
Unless otherwise stipulated by this chapter, the following standards
shall apply:
A.
Placement, materials and height.
(1)
Fences, walls, hedges or other planted screens may be erected in
any yard.
(2)
Fences, walls, hedges or planted screens shall comply with the following
height limits:
(a)
Located in front yard, three feet maximum height.
(b)
Located in side yard, seven feet maximum height.
(c)
Located in rear yard, seven feet maximum height, except that
there shall be no maximum applied to hedges or planted screens located
along the rear property line.
(d)
Any yard of a public school, public recreational facility, public
building or in an I-1 District, 10 feet maximum height.
(3)
All fences must be located a minimum of 12 inches inside the lot
line of located along a property boundary.
(4)
Fences located in front yards shall have at least 60% open area.
Solid fences are permitted in side or rear yards. In all cases, the
finished side of the fence shall face the abutting properties or street.
(5)
A retaining wall of any height may be erected along any property
line where it is required to prevent a landslide or other hazardous
conditions.
(6)
A fence, wall or screen cannot be erected in a public or dedicated
right-of-way.
B.
Performance standards for fences, walls and screens.
(1)
In any district, trees, shrubs and other planting are permitted in any front yard, provided that they do not block a clear sight distance for vehicular traffic as measured in Subsection B(2) below.
(2)
Authorized fences, walls and screens, whether publicly or privately owned, shall not obstruct the clear sight distances at street intersections. A clear sight triangle (§ 158-7, Definitions) shall be maintained, including the entire triangular area as measured 75 feet from the intersection center lines of street or driveway intersections.
(3)
Fences shall not contain barbs or similar types of injurious materials,
unless specifically approved by the Planning Commission for security
reasons.
C.
Standards for planted screens. Wherever this chapter requires a planted
screen for a use or property, or portion thereof, the following standards
shall apply:
(1)
A planted screen shall be at least four feet in depth and of sufficient
density and type of planting material to provide a year-round visual
barrier within three growing seasons of planting. The minimum height
shall be four feet when initially planted and shall not exceed seven
feet in height when fully grown, unless additional height otherwise
is required by this chapter or the Borough Council.
(3)
Property owners shall be responsible for the continuing maintenance
of all planted screens, including the replacement of dead vegetation.
D.
Screening of rooftop structures. Water towers, storage tanks, processing
equipment, fans, cooling towers, vents and any other structures or
equipment that rise above the roofline, other than a radio or television
antenna, shall be effectively shielded from view of any public or
private street by an architecturally sound method.
E.
Permit and maintenance requirements.
(1)
A zoning permit must be obtained from the Zoning Officer for the
erection of any fence, wall or screen. The property owner shall be
responsible for the continuing maintenance of any fence, wall or screen.
(2)
If a fence, wall or screen is not maintained in a safe condition and in accordance with Borough regulations, the Zoning Officer shall give written notice to the owner to repair or remove the fence in accordance with § 158-64.
(3)
If more than 50% of the length of a fence, wall or screen is destroyed
or deteriorated, then it must be removed or replaced within 15 days
of receipt of written notice from the Zoning Officer.
[Amended 4-20-2004 by Ord. No. 746-C]
A.
Application. No sign shall be erected, altered, painted, relocated,
remodeled, expanded or maintained that is not in accordance with the
provisions of this chapter and all other applicable Borough codes.
A zoning permit must be obtained from the Zoning Officer prior to
the erection or alteration of any sign.
B.
Permitted signs; size and placement requirements.
(1)
The following signs are permitted in all zoning districts:
(a)
Nameplates or identification signs not exceeding two square
feet and attached to a wall of the structure, indicating the occupants
of the structure, a permitted home occupation or, in the case of a
multiple-occupancy structure, the name of the management agency.
(b)
Real estate signs not exceeding 12 square feet, advertising
the premises for sale or lease, which is to be removed within 15 days
of the sale or lease of the premises or when the last unit of a multiunit
development is sold or leased.
(c)
Construction signs advertising the development or improvement
of a property by a builder, contractor or similar person, provided
that not more than one such sign shall be permitted for a development
or property. The sign shall not exceed 12 square feet, and it shall
be removed within 15 days of the completion of work.
(2)
In R-1, R-2, or R-3 Districts, a multifamily development (with 10
or more units) or any authorized conditional use may have one principal
identification sign subject to the following:
(a)
The sign shall not exceed 12 square feet in surface area.
(b)
The sign may be either attached to a building, freestanding
or awning/canopy.
(c)
If freestanding, the height shall not exceed six feet, as measured
from ground level at the base of the sign, and the sign shall be set
back at least five feet from the street right-of-way line and 10 feet
from a side lot line.
(d)
A freestanding sign may be single- or double-faced, but no face
may exceed the maximum size limitation.
(e)
Where an awning/canopy sign is used, only individual cut out
letters and/or symbols may be attached to, painted, stenciled or otherwise
placed on the awning or canopy. An awning or canopy may not project
to within five feet of vehicular right-of-way. No portion of the awning
or canopy shall be less than eight feet above entrance grade.
(3)
In C-1, C-2, I-1, CD or SD Districts, authorized uses are permitted
identification signs which announce the services, purpose of the premises
or products sold on the premises, subject to the following:
(a)
Size and type. One sign shall be permitted for each business
establishment. The total surface area of the sign shall be the lesser
of 50 square feet or two square feet for each foot of width (as measured
at the front building line) of the principal structure on the premises.
The sign may be:
(b)
Wall signs. If attached to the structure, it shall be attached
to a front or side wall of the building, parallel to the facade of
the building, and not projecting more than 12 inches from the wall.
Wall signs shall be placed in the wall area between the lintels of
the doors and windows and the parapet of a one-story building, or
between the lintels and the floor level of the floor above in the
case of a multistory building. Such sign shall be erected so that
no portion of the sign is less than eight feet above entrance grade.
No sign shall be painted directly on the surface of the wall.
(c)
Freestanding signs. A freestanding sign shall only be permitted
where the business activity fronts on a public street or highway and
where the main building or structure is set back at least 20 feet
from the street right-of-way. The freestanding sign shall not exceed
20 feet in height (as measured from ground level at the base of the
sign to its highest element), and it shall be set back at least 10
feet from the street right-of-way and side lot lines. No more than
one freestanding sign shall be permitted on a zoning lot.
(d)
Awning, canopy sign. Where an awning or canopy sign is used,
only individual cut out letters and/or symbols may be attached to,
painted, stenciled or otherwise placed on the awning or canopy. An
awning or canopy shall not project to within five feet of a vehicular
right-of-way. No portion of the awning or canopy shall be less than
eight feet above ground grade.
(e)
Double frontage. Where a business establishment fronts on more
than one public street, it may locate one sign on each street frontage;
each sign shall comply with the maximum size limitations. However,
no more than one freestanding sign shall be permitted on a zoning
lot, and the permissible sign size for one building frontage shall
not be combined with that for another frontage for the purpose of
placing the combined sign area on one frontage.
(f)
Multiple-occupancy buildings.
[1]
Where several businesses occupy a building, each business shall
be entitled to a share of the building's allowable sign area,
based on building frontage, which is equal to the proportionate amount
of floor area that the business occupies to total floor area of the
building. Businesses that occupy upper floors or basement areas may
also post a sign in a window or painted on a window which shall not
exceed six square feet in area.
[2]
It shall be the responsibility of the owner or management agent
of a multiple-occupancy building to provide all occupants with suitable
sign space that is consistent with the provisions of this chapter.
The failure of the owner to do so shall not be a basis for granting
a variance to any sign requirement.
(g)
Shopping centers.
[1]
A shopping center may have one principal identification sign
which identifies the name of the center and/or major business occupants.
Such sign may be freestanding, provided that:
[2]
In addition to the shopping center's principal identification
sign, each business within the center may have a wall, awning/canopy
or permanent window sign in compliance with the above subsections.
(4)
Billboards or outdoor advertising signs which are not related to
the use of the property on which they are located shall be permitted
only in I-1 Districts. Only one such sign shall be permitted per property
or lot, and it shall not exceed 40 square feet in area and shall comply
with the setback and height standards for I-1 Districts. No billboard
shall be placed so as to face a lot on the same street with a church,
public use or building, park, playground, scenic area or river frontage.
C.
Additional requirements. The following requirements shall apply to
all signs in all zoning districts:
(1)
Rotating freestanding signs, swinging signs or signs projecting over a right-of-way are prohibited. Banners, pennants, searchlights, twirling signs, sandwich board signs, sidewalk or curb signs, balloons or other gas figures shall not be used on a permanent basis. Flags are prohibited, except as provided for in § 158-24E.
(2)
Signs that are animated or have flashing illumination are prohibited
in all districts.
(3)
Illuminated signs shall be designed and placed so as not to interfere
with, distract, confuse or blind operators of motor vehicles.
(4)
Floodlighting shall be placed so that it is not visible from any
point off the lot and only the sign is directly illuminated.
(5)
No sign shall be attached to any tree or utility pole on public or
private property.
(6)
No sign shall be erected upon or applied to any roof or project above
the cornice line of a flat roof or above the gutter line of a sloped-roof
building. No sign shall project beyond any property line except when
the building frontage is on the property line. In this case, no portion
of the sign may project within five feet of a vehicular right-of-way.
No portion of the sign shall be less than eight feet above ground
grade.
(7)
No freestanding sign shall obstruct safe, clear sight distance at
any street or driveway intersection. No freestanding sign shall have
more than two faces; sign areas stated in this chapter shall be the
maximum for one face. All freestanding signs shall be set permanently
in concrete to a depth of at least three feet.
(8)
Every authorized sign must be constructed of durable materials and
maintained in good condition and repair, including the replacement
of defective parts, painting, repainting, cleaning and maintenance
of structural supports. Any sign over 60 square feet shall be constructed
of noncombustible material.
(9)
If any sign becomes dilapidated to the point that it constitutes
an unsightly or hazardous condition, then the Zoning Officer shall
order it repaired or removed in accordance with the provisions of
this chapter.
(10)
If a use ceases for a period of six months, all signs, including
any supporting structures, must be removed. If the signs are not removed,
the Zoning Officer shall notify the building owner, who shall have
15 days to remove the signs. In the event that the owner fails to
comply with the order, the owner shall be considered in violation
of this chapter and subject to the penalties contained herein.
D.
Temporary signs. Temporary outdoor signs advertising special business
promotional activities, business openings or closings, special events
sponsored by a nonprofit organization, such as a church carnival or
a street fair, are permitted, provided that:
(1)
The signs receive a permit from the Zoning Officer; the period of
the permit shall not exceed 30 days.
(2)
Signs are located only on the premises where the special activity
is taking place.
(3)
Signs do not exceed 20 square feet.
(4)
Signs are not animated or flashing, and any illumination for the
signs does not create an unsafe condition for motorists or glare on
surrounding properties.
(5)
All signs shall be removed within one week of the termination of
the activity.
(6)
Signs for yard sales or family social functions shall not exceed five square feet in area and may be displayed two days prior to the event and must be removed by the day following the event. These signs must also comply with the requirements that apply to all signs as set forth in Subsection C of this section.
E.
Exemptions to sign requirements. The following signs shall be exempt
from the requirements of this section:
(1)
Flags or emblems of a government, philanthropic, educational or religious
organization displayed on the property on which the use is located.
(2)
Signs placed by a governmental body, including traffic or directional
devices, legal notice and warning, instructional or regulatory signs.
(3)
Signs for political candidates, provided that they are erected no
more than six weeks before the election and removed within one week
after election day.
(4)
Address numerals and other signs required to be maintained by law
or governmental regulation, provided that the content and size of
the sign does not exceed the requirements of such law or regulation.
(5)
Small signs, not exceeding five square feet in area, displayed on
private property for the convenience of the public, such as signs
to identify entrance and exit drives, parking areas, one-way drives,
restrooms, freight entrances, no trespassing and the like.
A.
Definition. "Swimming pools" shall be considered any open tank, vessel
or lake not located within a completely enclosed building and capable
of containing water to a depth at any point greater than 24 inches
and so constructed as to be partially or wholly below the adjacent
ground level.
B.
Location. Pools shall be located in side or rear yards of a property
only and shall be set back from property lines at least the distance
required for principal permitted uses in the district where the pool
is located.
C.
Fencing. Pools shall be enclosed by a solid wood or metal fence or
open-work chain link fence at least four feet but not more than seven
feet high, with access which shall be through a gate capable of being
locked or through the principal structure on the property. When a
pool is partially below grade, all areas where the height between
the pool deck or rim and the adjacent ground is less than four feet
shall be required to be fenced.
D.
Water supply and drainage. The owner shall provide documentation,
verified by the Borough Public Works Coordinator, that an adequate
water supply exists to fill the pool and that provisions have been
made to drain the pool to a storm drainage system. Such information
shall be submitted with the application for the zoning permit.
A.
Application. Unless specifically exempted by the provisions of this
chapter, all structures built and all uses established hereafter shall
provide off-street parking areas in accordance with this chapter.
When an existing structure or use is expanded, parking spaces for
the area or capacity of such expansion shall be required in accordance
with this chapter.
B.
General provisions.
(1)
Open parking. Open-air parking areas shall be located on a zoning lot in accordance with the provisions of the district regulations and the location of accessory uses (§ 158-22C).
(2)
Enclosed parking. Enclosed parking facilities containing off-street
parking shall be subject to the area and bulk requirements applicable
in the district in which they are located, unless otherwise specified
in this chapter.
(3)
Location. All parking spaces required to serve structures or uses
shall be located on the same zoning lot as the structure or use served
or within 200 feet of a main entrance to the structure or use served
for a multifamily dwelling or 500 feet for a nonresidential use. If
parking is not to be provided on the same zoning lot as the use served,
proof of ownership of the property where the parking is located must
be submitted, along with appropriate deed restrictions guaranteeing
the use of said property for parking as long as the principal use
is in existence.
(4)
Design shall include:
(a)
Size. The minimum dimensions for a conventional parking space
will be nine feet in width by 18 feet in length, exclusive of curbs
and maneuvering space. For a handicapped parking space, the size shall
be 12.5 feet in width by 20 feet in length.
(b)
Access.
[1]
Each parking space shall open directly onto an aisle or driveway
with a minimum width as follows:
|
Angle of Parking
(degrees)
|
Minimum One-Way Aisle Width
(feet)
|
|---|---|
|
90 or parallel
|
12
|
|
60
|
16
|
|
45
|
12
|
|
30
|
11
|
[2]
Driveways and aisles for other than single-family dwellings
shall be designed so that each vehicle may have ingress and egress
from the space without moving any other vehicle. All accessways shall
be designed so as to provide safe exit and entrance from the public
street, in accordance with applicable Borough standards or PaDOT specifications.
(c)
Surfacing. All parking areas, excluding those for single and two-family dwellings, shall be graded and paved or otherwise improved with an all-weather, dustless material of asphalt, concrete, grouted brick, paving blocks or similar materials approved by the Borough. Such parking areas shall have a slope of not more than 6% for drainage and shall meet the drainage standards of § 158-30 of this chapter.
(5)
Screening. All open off-street parking areas containing more than
15 parking spaces shall be effectively screened along all sides by
a wall, fence or planting strip which shall be not less than three
feet in height or three feet in depth. Parking areas shall be arranged
and designed so as to prevent damage to, or intrusion into, such wall,
fence or planting strip. Clear sight triangles, as defined by this
chapter,[1] shall be maintained. Open parking areas for 50 or more
cars shall be interspersed with landforms or other appropriate landscaping
which shall not be less than three feet in depth.
(6)
Lighting. Any lighting used to illuminate off-street parking areas
and driveways shall be directed away from residential properties or
public streets in such a way as not to interfere with such uses. The
lighting system shall furnish minimally an average of two footcandles
during hours of operation.
(7)
Repair and service. No motor vehicle repair work or service of any
kind shall be permitted in association with any off-street parking
facilities.
(8)
Multiple-occupancy parking. Where a structure or use has multiple-occupants or uses, the off-street parking requirement shall be the cumulative total for the individual uses as set by Subsection C.
(9)
Joint use of parking spaces. When a number of different uses or businesses
are proposed within a structure or unified complex of buildings, and
when it can be demonstrated that one or more of such uses requires
parking spaces at times other than normal business or operating hours
for other uses and, therefore, could share parking spaces, the applicant
may present a written report demonstrating that a maximum combination
of all such uses will not require the total cumulative parking spaces
required by this chapter. If, after review of this report, the Borough
Council concurs, then the applicant shall be permitted to reduce the
parking spaces provided in accordance with the joint-use plan approved
by the Council.
C.
Required spaces by type of use.
|
Use Type
|
Minimum Required Spaces
|
|---|---|
|
Residential uses
| |
|
Single-family, two-family, townhouse dwellings
|
2 per dwelling
|
|
Multifamily dwellings
|
1 1/2 per dwelling
|
|
Commercial uses
| |
|
Retail or service commercial, unless specifically
listed
|
1 per 200 square feet of gross floor area (GFA)
|
|
Bank, financial institution
|
1 per 200 square feet of GFA, but not less than 20 spaces
|
|
Drive-in bank
|
2 per exterior teller window and 6 per interior teller window,
plus stacking lane for 3 cars for each exterior window
|
|
Business and professional offices, other than medical
or dental offices
|
1 per 300 square feet of GFA
|
|
Day-care center, preprimary school
|
1 per staff member, plus 1 space per 6 children
|
|
Eating and drinking establishments, sit-down
|
1 per 4 seats at tables and 1 per 2 seats at a bar or counter,
plus 1 per 2 employees
|
|
Eating and drinking establishments, fast-food
|
1 per 2 seats, plus 1 per employee
|
|
Funeral home/mortuary
|
10 spaces for each viewing area or room, plus 1 per 4 seats
in any chapel
|
|
Gasoline service station, vehicular repair garage
|
2 spaces per service bay or station, plus 1 per employee, plus
3 waiting spaces at each side of each pump island
|
|
Hotel or motel
|
1 per guest room, plus parking requirements for any restaurant,
bar or other facilities as required by this chapter
|
|
Medical or dental offices
|
2 per examining room, plus 1 for each 2 chairs in waiting room,
plus 1 per physician and staff member
|
|
Private school for art, music, crafts, dance, etc.
|
1 per staff member, plus 1 per 3 students
|
|
Theater
|
1 per 6 seats
|
|
Veterinary office or clinic or hospital
|
1 per 150 square feet of GFA, plus 1 per staff member
|
|
Commercial recreation
| |
|
Bowling alleys
|
3 per alley (lane)
|
|
Swimming pools and clubs
|
1 space per 38 square feet of water area
|
|
Tennis, racquetball courts, etc.
|
4.5 spaces per court
|
|
Others, not specifically listed
|
Based on review by Borough Council
|
|
Industrial uses
| |
|
Manufacturing
|
1 per employee on the 2 largest shifts combined or 1 per 1,000
square feet of GFA, whichever is greater
|
|
Warehousing, wholesale, freight terminals
|
1 per employee on the 2 largest shifts combined or 1 per 3,000
square feet of GFA, whichever is greater
|
|
Other uses
| |
|
Churches, auditoriums and similar places of public
assembly
|
1 per 6 fixed seats
|
|
Hospitals
|
1 per 2 beds, plus 1 for each staff physician and 1 for each
2 other employees on 2 largest shifts combined
|
|
Nursing or convalescent homes
|
1 per 3 beds, plus 1 for each 2 employees and staff members
on 2 largest shifts combined
|
|
Private clubs and lodges
|
1 per 200 square feet of GFA
|
|
Recreation, public or nonprofit
|
1 per 4 persons of maximum design capacity for the facility
|
|
Schools
|
1 per 400 square feet of GFA
|
A.
Applicability. In any zoning district, all structures and uses which
require the receipt or distribution of materials or products by trucks
or similar vehicles shall provide accessory off-street loading spaces,
as required by this chapter. When an existing structure is expanded,
accessory off-street loading spaces shall be provided in accordance
with the following regulations for the area of such expansion. Off-street
loading requirements may be modified or waived during the conditional
use or special exception review where the applicant can show that
existing site constraints limit the application of these standards.
B.
General provisions.
(1)
Location. All required loading spaces or berths shall be located
on the same lot as the use served, and no portion of the vehicle shall
project into any traffic lane. All motor vehicle loading berths which
abut or are adjacent to a residence district or use shall be completely
screened therefrom by building walls, or a uniformly painted solid
fence, wall, door, planted screen or any combination thereof, not
less than six feet nor more than eight feet in height. No permitted
or required loading space or berth shall be located within 30 feet
of the nearest point of intersection of any two public streets or
highways. No loading space or berth shall be located in a required
front yard, and any loading space or berth located in a required rear
yard shall be open to the sky.
(2)
Area. Unless otherwise specified, a required off-street loading space
shall be 10 feet in width by at least 50 feet in length, exclusive
of aisle and maneuvering space, and shall have a vertical clearance
of at least 16 feet. The required length may be reduced by 10 feet
if the applicant certifies that the off-street loading use will only
be single-unit trucks or smaller.
(3)
Access. Each required off-street loading space shall be designated
with appropriate means of vehicular access to a street, highway or
alley in a manner which will least interfere with traffic movement.
(4)
Surfacing. All open off-street loading shall be improved with a compacted
select gravel base, not less than seven inches thick, surfaced with
an all-weather, permanent material and shall be sloped to assure positive
drainage to a storm inlet or drainageway.
(5)
Repair and service. No motor vehicle repair work or service of any
kind shall be permitted in conjunction with any off-street loading
facilities.
(6)
Utilization. Space allocated for any off-street loading berth shall
not be used to satisfy the space requirements for any off-street parking
facilities or portions thereof.
(7)
Joint use of loading. Where a group of buildings in the same use
on the same property exists, one building may be designated to receive
and dispatch goods, provided that the total applicable floor area
in all buildings on the property is aggregated in determining the
total required loading spaces.
C.
Required off-street loading spaces.
|
Use
|
Required Berth
(based on gross floor area)
|
|---|---|
|
Manufacturing
|
1 berth for every 10,000 square feet
|
|
Wholesale, other uses
|
1 berth for every 8,000 square feet
|
|
Business and professional offices
|
1 berth for every 10,000 square feet, not exceeding a total
of 2 required stalls
|
|
Food stores and other retail stores
|
1 berth for every 5,000 square feet up to a maximum of 2 stalls,
and then 1 berth for every 20,000 square feet or fraction thereof
|
D.
Uses for which off-street loading facilities are required by this
section, but which are located in buildings that have a floor area
that is less than the minimum for which off-street loading facilities
are required, shall provide adequate receiving facilities, accessible
by motor vehicle, from any adjacent alley, service drive or open space
on the same lot, in accordance with the provisions of this chapter.
A.
Authorization. Home occupations which comply with the definition
and standards of this chapter shall be permitted as an incidental
use to any principal dwelling unit.
B.
Use limitations. The following regulations shall apply to all home
occupations permitted under the provisions of this chapter:
(1)
No one other than members of the family occupying the dwelling shall
be employed.
(2)
The use of the dwelling unit for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by
its occupants. Not more than 25% of the total floor area of the dwelling
unit and any accessory structures combined shall be used in the conduct
of the home occupation.
(3)
There shall be no change in the outside appearance of the building
or premises, no addition made to the building specifically to accommodate
the home occupation or other visible evidence of the conduct of such
home occupation.
(4)
One sign, not exceeding one square foot in area, nonilluminated and
mounted flush with the wall of the principal building, shall be permitted.
(5)
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood. Off-street parking shall be provided in accordance with the requirements of § 158-26. Parking shall be located in a rear or side yard and must be screened from abutting residential properties by an evergreen hedge or fence not less than four feet nor more than seven feet in height.
(6)
No equipment or process shall be used in such home occupation which
creates noise, vibration, glare, fumes, odors or electrical interference
detectable to the normal senses off the lot, if the occupation is
conducted in a single-family residence, or outside the dwelling unit
if conducted in other than a single-family residence. In the case
of electrical interference, no equipment or process shall be used
which creates visual or audible interference in any radio or television
receivers off the premises or causes fluctuations in line voltage
off the premises.
(7)
There shall be no outdoor storage of equipment, materials or finished
products related to the home occupation.
C.
Particular home occupations prohibited. Permitted home occupations
shall not be deemed to include:
(1)
Nursery schools, dancing schools, exercise or health centers, day-care
centers, unless specifically permitted by the district regulations.
(2)
Funeral homes.
(3)
Eating and drinking establishments.
(4)
Animal kennels, hospitals or veterinarian offices.
(5)
Tourist homes, rooming houses, family care homes or group care homes,
unless specifically permitted by the district regulations.
(6)
Medical or dental clinic or hospitals.
(7)
Automobile, truck, bus or boat repairs or rental facilities.
(8)
Video game and amusement arcades.
(9)
Theaters and other entertainment and commercial recreation facilities.
D.
Limitation of home occupations. The Borough Council may limit the
number of home occupations on the same street, between cross streets,
where congestion may result from a concentration of home businesses.
All uses hereafter established in any zone district shall comply
with the performance standards contained in this section. The performance
standards shall apply to an existing use or structure, or portion
thereof, when it is extended, enlarged, moved, structurally altered
or reconstructed.
A.
Fire and explosive hazards. All activities and all storage of flammable
and explosive material at any point shall be provided with adequate
safety devices against the hazards of fire and explosion and adequate
firefighting equipment as specified by the Department of Labor and
Industry, the laws of the Commonwealth of Pennsylvania and the Borough
Fire Code.[1] All buildings and structures and activities within such
buildings and structures shall conform to the Borough's Building
Code[2] and other applicable Borough ordinances.
B.
Radioactivity or electrical disturbances. There shall be no activities
which emit radioactivity at any point above the most recent background
limits set by state and/or federal regulations. There shall be no
radio or electrical disturbance adversely affecting the operation
of equipment belonging to someone other than the creator of the disturbance.
C.
Smoke, ash, dust, fumes, vapors and gases. There shall be no emission
of smoke, ash, dust, fumes, vapors or gases which violates applicable
federal, state or Allegheny County laws and regulations.
D.
Liquid and solid wastes. There shall be no discharge at any point
into any public or private sewerage system, or watercourse or into
the ground, of any materials in such a way or of such a nature as
will contaminate or otherwise cause the emission of hazardous materials
in violation of the laws and regulations of the Commonwealth of Pennsylvania
and Allegheny County. All required discharge and disposal permits
shall be obtained.
E.
Glare. No direct reflected glare, whether from any lighting source
or production operation, shall be visible from adjoining public streets
or adjacent lots when viewed by a person standing on ground level.
"Glare" shall be defined as direct or indirect light from such activities
of greater than 0.5 footcandle at habitable levels.
F.
Odor. There shall be no emission of odorous gases or other matter
in such quantities as to be offensive on adjoining streets or adjacent
lots. Odor thresholds shall be measured in accordance with ASTM D-1391-57,
Standard Method for Measurement of Odor in Atmospheres (dilution method).
G.
Noise. No operation or activity shall cause or create noise in excess
of the sound levels prescribed below. For the purposes of this chapter,
the noise level will be measured in decibels dB(A), which indicate
the sound pressure level obtained from a frequency weighting network
corresponding to the A-scale on a standard sound level meter.
(1)
Residential, conservation districts. At no point on or beyond the
boundary of any lot within these districts shall the exterior noise
level resulting from any use or activity located on such lot exceed
a maximum of 60 dB(A)s for more than one hour per 24 hours.
(2)
Commercial and special development districts. At no point on or beyond
the boundary of any lot within these districts shall the exterior
noise level resulting from any use or activity located on such lot
exceed a maximum of 65 dB(A)s for more than eight hours per 24 hours.
(3)
I-1 Districts. At no point on or beyond the boundary of any lot within
these districts shall the exterior noise level resulting from any
use or activity located on such lot exceed a maximum of 75 dB(A)s.
(4)
Miscellaneous noise regulations.
(a)
Where two zoning districts in which different noise levels are
prescribed share a common boundary, the most restrictive of the noise
level standards shall govern.
(c)
In addition to these regulations, all uses or activities within
the Borough shall conform to any applicable county, state or federal
noise regulations.
H.
Vibrations.
(1)
Vibration shall be measured at or beyond any adjacent lot line or
residential district line as indicated in Table A below, and such
measurements shall not exceed the particle velocities so designated.
The instrument used for these measurements shall be a three-component
measuring system capable of simultaneous measurement of vibration
in three mutually perpendicular directions.
(2)
The maximum vibration is given as particle velocity, which may be
measured directly with suitable instrumentation or computed on the
basis of displacement and frequency. When computed, the following
formula shall be used:
|
P.V.
|
=
|
6.28 F × D.
|
|
P.V.
|
=
|
Particle velocity, inches per second.
|
|
F
|
=
|
Vibration frequency, cycles per second.
|
|
D
|
=
|
Single amplitude displacement of the vibration in inches.
|
(3)
The maximum particle velocity shall be the vector sum of the three
individual components recorded. Such particle velocity shall not exceed
the values given in Table A. Where vibration is produced as discrete
impulses and such impulses do not exceed a frequency of 100 per minute,
then the values in Table A may be multiplied by two.
|
Table A
| ||
|---|---|---|
|
Maximum Ground Transmitted Vibration by Zoning District
| ||
|
Particle Velocity
(inches per second)
| ||
|
Vibration Measured in:
|
Adjacent Lot Line
|
Residential and Conservation Districts
|
|
Residential, riverfront districts
|
0.02
|
0.02
|
|
Commercial, special planned districts
|
0.06
|
0.02
|
|
Manufacturing districts
|
0.10
|
0.02
|
I.
Storage. All garbage, trash and rubbish shall be stored in covered,
vermin-resistant containers and also shall be screened from public
view.
J.
Determination of compliance.
(1)
If, during the review of a zoning application, it appears that the
proposed use or development may violate the performance standards
contained in this section, the Zoning Officer may initiate an investigation
and may require the applicant to submit such data and evidence as
is needed to make an objective determination. The evidence may include
such items as:
(a)
Plans of the existing or proposed construction and development.
(b)
A description of the existing or proposed machinery, processes
and products.
(c)
Specifications for the mechanisms and techniques used or proposed
to be used in restricting the possible emission of any of the dangerous
and objectionable elements as set forth in this article.
(d)
Measurements of the amount or rate of emission of said dangerous
and objectionable elements.
(2)
In order to determine compliance, the Zoning Officer may seek assistance
from any county, state or federal agency having interest in or jurisdiction
for the particular environmental issue. The Zoning Officer may also
require the applicant to submit a report from a qualified technical
expert, certifying that the proposed use does comply with the performance
standard(s). The technical expert shall be a person or firm mutually
acceptable to the Borough Council and applicant; in the event that
agreement cannot be reached on the technical expert, the Borough Council
shall make the selection. The cost of the expert's study and
report shall be borne by the applicant. A negative report by the technical
expert, as to the proposed use's compliance with the performance
standard(s) and the applicant's refusal or inability to make
alterations to ensure compliance, shall be a basis for denying approval
of the zoning application.
K.
Continuing enforcement.
(1)
The Zoning Officer shall investigate any purported violation of the
performance standards and, if necessary, request that the Borough
Council employ qualified experts to assist in the determination of
a violation. The costs for the services of such experts shall be paid
by the owner or operator of the facility accused of the violation.
(2)
If the facility is found to be in violation, the owner or operator
shall be given a reasonable length of time to correct the violation.
If, at the conclusion of this time period, the violation still exists
and the Borough Council has agreed to no time extension, the owner
or operator shall be in violation of this chapter and subject to the
legal penalties and remedies contained herein.
B.
Soil erosion and sedimentation. Measures to control erosion/sedimentation,
both during and after construction, shall at a minimum meet the standards
and specifications of the Borough Grading Ordinance, PaDER and the
Allegheny County Conservation District. During the review of the zoning
application, the Borough may submit the proposed erosion/sedimentation
plan to the County Conservation District for its review and comments.
The zoning permit shall not be issued until a PaDER erosion/sedimentation
permit has been obtained, where such is required by PaDER regulations.
C.
Stormwater management.[2]
(1)
Any landowner and any person engaged in the alteration or development
of land which may affect stormwater runoff characteristics shall implement
such measures as are reasonably necessary to prevent injury to health,
safety or other property. Such measures shall include such actions
as are required to:
(2)
If the development site is located within a watershed for which a
stormwater management plan has been adopted, as required by the Pennsylvania
Storm Water Management Act,[3] then any proposed stormwater control measures shall be
consistent with the watershed plan. The control measures for an individual
development or site shall be reviewed and approved by the Borough
Engineer. All calculations of predevelopment and post-development
stormwater runoff and storage requirements shall be done using the
United States Soil Conservation Service Soil Cover Complex Method,
as published in Technical Release TR-55.
[3]
Editor's Note: See 32 P.S. § 680.1 et seq.
D.
Sanitary sewerage systems.[4] All sanitary collection and disposal systems shall be
adequate to serve the proposed development and designed and installed
in accordance with Borough, county and commonwealth regulations and
approved by the Borough Engineer.
E.
Water supply systems. Proposed public water systems must be shown
to be adequate to provide both domestic and fire protection for the
proposed development and shall be designed and installed in accordance
with Borough ordinances and approved by the Borough Public Works Coordinator.
F.
Other utilities. Other required utilities must be shown to be adequate
to serve the needs of the proposed development and shall comply with
applicable Borough, county or commonwealth regulations. All new or
relocated utility lines must be placed underground.
G.
Streets and roads. All streets, whether private or public, shall
be designed in accordance with applicable Borough ordinances and the
provisions of this chapter. Where appropriate standards are not provided
by Borough ordinances, the Pennsylvania Department of Transportation
Specification No. 408 shall apply.
H.
Traffic access and circulation.
(1)
The vehicular access to a proposed development shall be shown to
be from streets adequate to carry the proposed traffic loads that
will be generated by the development.
(2)
The Borough Council may require the applicant to submit a complete
traffic analysis, prepared by a professional engineer who is experienced
in traffic analysis and design, showing the probable traffic impact
of development on the existing circulation system and proposing solutions
to any identified problems.
(3)
Where a proposed development will require access permits from either
the Borough, Allegheny County or PennDOT, written approval must be
shown prior to issuance of the zoning permit.
(4)
If traffic control devices are determined necessary to ensure safe,
efficient traffic flow, the applicant shall be responsible for the
financing and construction of all such devices in accordance with
applicable Borough and/or commonwealth standards.
Temporary structures and trailers used in conjunction with construction
work may not be moved onto a site until the zoning permit has been
issued and must be removed within 30 days after the completion of
construction. Permits for temporary structures shall be issued for
a six-month period, and the Zoning Officer may grant not more than
one six-month extension without special approval of the Borough Council.
[Added 3-18-1997 by Ord.
No. 709-C]
This section shall control all applications for amateur radio
towers and/or antennas.
A.
Amateur radio communication towers of not more than 70 feet. Amateur
radio communications antennas and all associated towers of not more
than 70 feet and support devices (collectively referred to in this
section as an "antenna") shall be permitted in all zoning districts,
provided that it is demonstrated by the applicant for a building permit
to construct such a tower that:
(1)
No antenna or any part thereof shall be erected or placed within
the required setbacks. One additional foot of setback will be required
for every one foot of height over 30 feet.
(2)
No antenna shall be permitted in any front yard.
(3)
The antenna must be erected to comply with manufacturer requirements
and accepted engineering standards.
(4)
The width of the base of the antenna shall be no more than five
feet at ground level. At 30 feet (if not the top), the maximum width
shall be three feet. At the top, the maximum width shall be 18 inches.
All support devices shall, where possible, be guy wires or metal lattice.
No sign or other structure, device or other item shall be placed on
the antenna.
(5)
The antenna shall be securely anchored in a fixed location on
the ground, and the applicant shall provide qualified documentary
evidence that the proposed structure will withstand wind, ice, snow
and other natural forces.
(6)
The antenna, or the yard area containing the antenna, shall
be protected and secured to guarantee the safety of the general public.
Fencing (which must comply with the applicable provisions of this
chapter) or installation of anti-climbing safety devices will be required
at a minimum to demonstrate compliance with this subsection. Associated
supports and guy wires shall not be located within the required setbacks.
(7)
The applicant shall submit a site plan or survey of the location
of the antenna.
(8)
Only one antenna is permitted per lot. The antenna must be an
accessory structure.
(9)
The applicant will submit a copy of his or her FCC license.
Any permit hereunder will automatically lapse if said license expires
or lapses.
(10)
All lighting, other than that required by the Federal Aviation
Administration (FAA), shall be shielded and reflected away from adjoining
properties.
B.
Amateur radio towers of more than 70 feet but less than 200 feet. All of the foregoing provisions of Subsection A(1) through (10) which are applicable to amateur radio towers of not more than 70 feet shall be applicable to amateur radio towers of more than 70 feet but less than 200 feet, which towers shall be permitted as conditional uses in all zoning districts, subject to the requirements of Article VI of this chapter. In addition to the foregoing, the following standards shall apply to amateur radio towers of more than 70 feet but less than 200 feet:
(1)
In granting the use, the Council may attach reasonable conditions
warranted to protect the public health, safety and welfare, including
but not limited to location, fencing, screening, increased setbacks,
the use of a retractable antenna where the extended height of the
antenna exceeds 70 feet and restrictions of the hours in which the
antenna can be fully extended.
(2)
If the conditional use is approved, the height limitations in
this section will not apply to the antenna. The height granted by
the Council will be the minimum necessary to provide a reasonable
accommodation to the applicant.
(3)
All permits granted under this section will automatically lapse
if not used for six continuous months. In such a case, any portion
of the antenna that has been erected will be removed within 30 days.
C.
Restrictions on use of amateur radio towers constructed pursuant
to this section.
(1)
Antennas constructed pursuant to this section may not exceed
200 feet, and no amateur radio tower constructed in the Borough of
Cheswick may exceed 200 feet.
(3)
The antenna and use of the antenna may not be sold, leased,
loaned, donated or otherwise conveyed to any individual, corporation,
partnership or unincorporated association.
