In order to determine whether a proposed use will conform to
the requirements of this article, the Council or the Zoning Hearing
Board may require a qualified consultant whose credentials are acceptable
to the Council or the Zoning Hearing Board to testify, whose cost
for services shall be borne by the applicant.
A. Fire prevention and fighting equipment that conforms to the requirements
of the Uniform Construction Code shall be readily available when any
activity involving the handling or storage of flammable or explosive
materials is carried on.
B. No activity shall cause electrical disturbance adversely affecting
radio or other equipment in the vicinity.
C. No operation or activity shall cause or create noise in excess of
the sound levels prescribed below. The noise shall be measured on
an A-weighted scale of a sound-pressure-level meter that conforms
to the standards prescribed by the American National Standards Institute
(ANSI), New York, New York, in Specifications for Sound Level Meters,
S1.4-1971, or latest revised edition.
D. At no point beyond the boundary of any lot within any district shall
the exterior noise level resulting from any use or activity located
on such lot exceed a 60 dBA for more than four hours during any twenty-four-hour
period.
E. Any violation of the above standards shall be a violation of this
article and shall be subject to the enforcement remedies and penalty
provisions of this chapter; however, other intermittent noises, except
those exempted herein, may be determined to be a nuisance by the Borough
Zoning Officer and shall be subject to penalties and enforcement remedies
for a public nuisance.
F. The following uses or activities shall be exempted from the noise
regulations:
(1)
Noises emanating from construction or maintenance activities
between 7:00 a.m. and 9:00 p.m.
(2)
Noises caused by safety signals, warning devices and other emergency-related
activities or uses.
(3)
Noises emanating from public or private recreational uses between
7:00 a.m. and 11:00 p.m., excluding those produced by amplification,
motorized vehicles or other mechanical sources.
(4)
Noises emanating from the delivery of public services such as
street maintenance or snow removal.
G. In addition to the above regulations, all uses and activities within
the Borough shall conform to all applicable county regulations.
H. Whenever the regulations contained herein are at variance with any
other lawfully adopted, the more restrictive shall govern.
I. Vibrations detectable without instruments on neighboring property
in any district shall be prohibited.
J. No malodorous gas or matter shall be permitted that is discernible
on any adjoining lot or property. There shall be no emission of any
malodorous gas or matter that violates the regulations of the Allegheny
County Health Department.
K. There shall be no emission at any point for longer than five minutes
in any hour of visible gray or other color smoke with a shade darker
than No. 3 on the Standard Ringelmann Chart issued by the United States
Bureau of Mines, nor shall there be any emission at any point from
any source that can cause damage to health, to animals or vegetation
or other forms of property or that can cause excessive soiling at
any point.
L. No direct or sky-reflected glare, whether from floodlights or from
high-temperature processes, shall be visible from adjoining public
streets or adjacent lots when viewed by a person standing on ground
level. For purposes of interpreting this subsection, "glare" shall
be defined as direct or indirect light from any source that exceeds
1/2 footcandle on any adjoining property.
M. In all zoning districts, all lighting devices located within 100
feet of a property line adjoining a residential use or any zoning
district that has a residential use as a listed permitted use shall
be designed with shields, reflectors or refractor panels that direct
and cut off light at a cutoff angle that is less than 90°. "Cutoff
angle" is defined as the angle formed by a line drawn from the direction
of the light rays at the light source and a line perpendicular to
the ground from the light source above which no light is emitted.
N. No erosion by wind, water or other source shall be permitted that will carry objectionable substances onto neighboring properties. All activities shall be subject to Chapter
101, Erosion and Sediment Pollution Control, of the Code of the Borough.
O. Water pollution shall be subject to the standards established by
the PADEP.
P. Determination of compliance with performance standards.
(1)
During the review of an application for zoning approval, the
applicant may be required to submit data and evidence documenting
that the proposed activity, facility or use will comply with the provisions
of this section. In reviewing such documentation, the Borough may
seek the assistance of any public agency having jurisdiction or interest
in the particular issues, and the Borough may seek advice from a qualified
technical expert. All costs of the expert’s review and report
shall be paid by the applicant. A negative report by the technical
expert and the applicant’s refusal or inability to make alterations
to ensure compliance with this section shall be a basis for denying
approval of the application.
(2)
The Zoning Officer shall investigate any purported violation
of the performance standards and, subject to the approval of the Council,
may employ qualified technical experts to assist in the determination
of a violation. Costs of the services of such experts shall be paid
by the owner or operator of the facility or use accused of the violation
if the facility or use is found to be in violation. If the facility
or use is found to comply with the performance standards, said costs
shall be borne by the Borough.
(3)
If the facility or use is found to be in violation, the owner
or operator shall be given written notice of violation in accordance
with Article IX below and a reasonable length of time to correct the
violation. Failure to correct the violation shall be subject to the
penalty provisions of this all result in the revocation of the occupancy
permit for the facility or use.
These regulations govern the erection, maintenance and replacement
of all fences and screens on all property in the Borough:
A. Fences.
(1)
A fence permit shall be obtained from the Borough Manager or
their designee for the installation of all fences. A fence permit
shall be required to change, alter or replace an existing fence.
(2)
The Borough’s approval of a fence shall in no way make
it liable to a property owner or create any responsibility on the
part of the Borough relative to the erection of a fence on, over,
or within any easement.
(3)
Fences may be constructed on a lot line. All fences shall be
constructed with structure elements (e.g., posts, beams) facing toward
the property on which the fence is located and away from the lot line;
provided, however, that if both property owners agree that the structural
elements will face away from the property on which the fence is located
and toward the lot line, then a letter signed by both property owners
shall be provided to the Borough prior to approval.
(4)
Unless located on property used for commercial agriculture,
or unless otherwise approved by the Board of Appeals, no fence shall
contain an electric charger or contain Constantine or barbed wire.
Notwithstanding the foregoing, barbed wire, but not Constantine wire,
may be included on fences in the side and rear yards of a property
located in the C District.
(5)
All fences shall be mounted to the ground and no fence shall
be mounted to the roof, parapet wall, or any other portion of a building;
provided, however, that a ground-mounted fence may be attached to
the wall of a building at its terminus.
(6)
Fences may be of any fencing material, which may include recycled
materials, but shall not include sheathing, pallets, or items not
originally intended to be used for fencing, in the rear and side yards
of a lot.
(7)
Fences in the side and rear yards shall be no taller than six
feet from the natural grade. In the C District, side and rear yard
fences may be a maximum of eight feet in height as measured from the
natural grade.
(8)
In front yards, fences may be no taller than four feet, shall
be no more than 50% opaque, and shall be made only of wood (limited
to cedar, redwood, southern pine, teak, or other similar wood species
naturally resistant to decay or insects or treated with a preservative
to effect a resistance to decay or insects), iron, or powder-coated
aluminum.
(9)
No fence shall be located within or interfere with the sight
triangle for vision clearance as set forth in the Borough’s
Engineering Standards.
(10)
Signage is not permitted on any fencing except for a metal placard
no greater than eight inches by eight inches in total and placed by
the manufacturer or installer.
(11)
Temporary fences erected for a specific function and limited
time duration shall be maintained in good condition and shall not
require a permit. No temporary fencing material shall be used for
permanent fencing.
(12)
Snow fencing shall not exceed four feet in height; shall be
limited to plastic mesh or wood slat fencing.
(13)
Construction and/or demolition fencing to enclose an active
construction or demolition site is permitted for the duration of the
construction or demolition period.
B. Screens and enclosures.
(1)
All trash storage and collection areas on property used for
other than a one-unit residential or two-unit residential use must
be screened by a 100% opaque wood and/or masonry fence of a height
at least 12 inches above the vertical height of the trash receptacle
and in accordance with the Borough’s Engineering Standards for
such enclosures.
(2)
Mechanical equipment or other utility hardware on roof, ground,
or buildings shall be screened from public view with materials harmonious
with the building, or a fully opaque wall of shrubs, or they shall
be so located as not to be visible from any public ways.
Bicycle parking is required to be provided for all new construction
in the C and TO Zoning Districts as follows:
A. Bicycle parking areas shall be designed so that, when fully occupied,
bicycles, including trailers, shall not obstruct an adjacent sidewalk,
path, or other pedestrianway.
B. Bicycle parking spaces shall be near the main entryway into the primary
structure or located inside the primary structure.
C. Bicycle parking spaces shall be provided at a rate of one bicycle
parking space per 20 off-street parking spaces. No more than 10 bicycle
parking spaces shall be required for any primary structure.
The following standards apply to all new or expanded drive-through,
and the addition of drive-through facilities on existing properties:
A. Drive-throughs may not be located within 100 feet of a district that
allows one-unit dwellings or any one-unit dwelling no matter the zoning
district.
B. If within 200 feet of a district that allows one-unit dwellings,
drive-throughs may not operate between the hours of 12:00 a.m. and
5:00 a.m.
C. The entire drive-through lane, including stacking areas, must be
paved with concrete.
D. Drive-through stacking space requirements are intended to provide
for queuing of vehicles in line for drive-through services provided
by an establishment where drive-throughs are permitted in this code.
E. Stacking spaces are measured in twenty-foot increments to provide
for adequate space between vehicles and to ensure that queuing vehicles
are not spilling into public rights-of-way or easements and causing
congestion therein. All queuing vehicles at all times shall be located
on the lot on which the drive-through services are being provided
and shall not interfere with on-site parking or circulation.
F. The following table provides the required minimum number of vehicle
stacking spaces that must be provided behind the menu board, if applicable
and based on the number of pick-up/service windows following the menu
board, or a pick-up/service window/opening if no menu board by use:
G. Drive-through stacking lanes shall adhere to the following standards:
(1)
All stacking spaces must have a minimum width of 10 feet along
straight segments, 12 feet along curved segments, and the stacking
space length must be a minimum of 20 feet.
(2)
Drive-through lanes must be separated by striping and may not
interfere with off-street parking or the lanes utilized for maneuvering
in and out of off-street parking spaces.
(3)
Establishments with drive-throughs must provide a bypass lane
whereby vehicles may circulate around drive-through lanes.
(4)
There must be one trash receptacle provided per drive-through
lane.
(5)
Pedestrian walkways shall be clearly visible and be emphasized
by enhanced paving or markings where they intersect drive-in or drive-through
aisles.
(6)
The following regulations shall apply to menu boards and directional
signage within drive-through facilities:
(a)
A maximum of two menu boards per drive-through aisle are permitted.
(b)
Associated access sign that give directions to vehicles through
the parking lot and drive-through are permitted and may not be used
for advertising purposes.
(c)
Menu boards may internally illuminate for the sole purpose of
lighting menu writing or graphics and may not flash or have any visible
bulbs or Led lighting. External lighting is prohibited.
(d)
All menu boards must be oriented toward the drive-through aisle
that it is serving.
(e)
Drive-through speakers shall not emit more than 50 decibels
and shall not be audible above ambient noise from adjacent properties.
(f)
Drive-through speakers shall not be used for outdoor music.
The following accessory uses are permitted or conditionally
permitted as shown in the Use Table above:
A. Accessory structures.
(1)
No accessory structure shall be erected or constructed prior
to the erection or construction of the principal building, except
for a temporary building incident to construction of the principal
building.
(2)
No accessory buildings shall be located closer than three feet
to a side or rear lot line.
(3)
A detached accessory building shall only be permitted in the
rear yard. An accessory building connected by a breezeway or similar
structure not less six feet in length shall be permitted in the side
or rear yard. Accessory buildings shall be at least six feet from
any dwelling situated on the same lot and shall not, in the aggregate,
occupy more than 30% of the required rear yard.
(4)
An accessory structure may not exceed 1,000 square feet in total
gross floor area unless all of the following are satisfied:
(a)
The property has a total area of five acres of larger.
(b)
The accessory structure meets the setback requirements applicable
to a principal structure on the lot.
(c)
The gross floor area of the accessory structure is not more
than 80% of the gross floor area of the principal structure.
(5)
Nonbuilding accessory structures, such as public utility installations,
walks, driveways, curbs, retaining walls, mailboxes, nameplates, lampposts,
bird baths, flagpoles, and structures of a similar nature, are permitted
in any front, side or rear yard.
B. Accessory dwelling unit (ADU).
(1)
An accessory dwelling unit (ADU) may be established only through
new construction, conversion of an existing structure, addition to
an existing structure, or conversion of an existing house to an ADU
while simultaneously constructing a new primary dwelling on the site
where there is adherence to all zoning regulations for both structures.
A permit is required for the construction or addition of an ADU. The
following standards apply to ADUs.
(a)
Only one ADU is allowed on a lot.
(b)
Exterior finish materials must visually match in type, size
and placement the exterior finish materials of the primary dwelling.
(c)
The property owner must permanently reside in either the principal
unit or the accessory unit.
(d)
The maximum size of a detached ADU is 800 square feet of floor
area and the maximum height must adhere to the accessory dwelling
height maximum for the respective district. All other requirements
for an accessory structure must be met.
(e)
If the ADU is located within the principal unit, the principal
structure must be at least 1,000 square feet and the accessory unit
cannot exceed 1/3 of the total floor area of the structure. If the
principal structure has more than one story, the maximum floor area
of an ADU may be equal to that of the first floor, but shall be less
than or equal to 50% of the total floor area of the structure.
(f)
There must be a sidewalk from the street to the primary entrance
of a detached accessory unit.
(2)
An accessory unit on the upper floors of the principal structure
shall have an interior stairway to the primary entrance of the accessory
unit. Secondary stairways may be located on the exterior, but not
on the front exterior of the building.
(3)
Provided that the parking requirement is met for the principal
one-unit dwelling, no additional parking is required.
(4)
All utilities extended to serve the ADU must be located underground.
C. Private swimming pool. Private aboveground or below-ground swimming
pools may be constructed as an accessory use to any primary use. The
following standards apply:
(1)
A permit is required prior to the construction of all below-ground
swimming pools with a depth greater than two feet.
(2)
Swimming pools are permitted in the side or rear yards only
and must be set back at least 10 feet from side and rear property
lines.
(3)
Every swimming pool shall be provided with a suitable draining
method, and in no case shall waters from any pool be drained into
the sanitary sewer system, onto lands of other property owners adjacent
to land on which the pool is located, or in the general vicinity.
(4)
Swimming pools with a depth of more than two feet must be enclosed
by a protective fence at least four feet in height. The fence must
include self-closing, lockable gates or entrances when the pool is
not tended by a lifeguard or an adult occupant of the primary residential
structure. Openings in the barrier shall not allow passage of a four-inch
or greater diameter sphere. Solid barriers, that do not have openings,
such as masonry or stone wall, shall not contain indentations or protrusions
except for normal construction tolerances and tooled masonry joints.
Where the barrier is composed of horizontal and vertical members and
the distance between the tops of the horizontal members is less than
45 inches, the horizontal members shall be located on the swimming
pool side of the fence. Spacings between vertical members shall not
exceed 1.75 inches in width. Where there are decorative cutouts within
vertical members, spacing within the cutouts shall not exceed 1.75
inches in width.
(5)
Maximum mesh size for chain-link fences shall be a square of
2.25 inches unless the fence is provided with slats fastened at the
top or the bottom that reduce the openings to not more than 1.75 inches.
(6)
Where the barrier is composed of diagonal members, such as a
lattice fence, the maximum opening formed by the diagonal members
shall not be more than 1.75 inches.
(7)
Access gates shall be equipped to accommodate a locking device.
Pedestrian access gates shall open outward away from the pool and
shall be self-closing and have a self-latching device. Gates other
than pedestrian access gates shall have a self-latching device. Where
the release mechanism of the self-latching device is located less
than 54 inches from the bottom of the gate, the release mechanism
and openings shall be located on the pool side of the gate at least
three inches below the top of the gate and the gate and barrier shall
have no opening greater than 0.5 inch within 18 inches of the release
mechanism.
(8)
Where a wall of a dwelling serves as part of the barrier, one
of the following conditions shall be met:
(a)
The pool shall be equipped with a powered safety cover in compliance
with ASTM F1346; or
(b)
All doors with direct access to the pool through that wall shall
be equipped with an alarm that produces an audible warning when the
door and its screen, if present, are opened. The alarm shall sound
continuously for a minimum of 30 seconds immediately after the door
is opened and be capable of being heard throughout the house during
normal household activities. The alarm shall automatically reset under
all conditions. The alarm system shall be equipped with a manual means,
such as touchpad or switch, to temporarily deactivate the alarm for
a single opening. Such deactivation shall last for not more than 15
seconds. The deactivation switch(es) shall be located at least 54
inches above the threshold of the door; or
(c)
Other means of protection, such as self-closing doors with self-latching devices, that are approved by the Building Inspector, shall be acceptable so long as the degree of protection afforded is not less than the protection afforded by Subsection
C(8)(a) or
(b) described above.
D. Overnight lodging, private transient occupancies (PAC).
(1)
Within the R-A, R-S, and R-C Districts, the proprietor of a
unit used for overnight lodging, private transient occupancies must
also have their primary residence on the property on which the said
unit is located.
(2)
No more than six guests over the age of 18 shall be allowed
to stay on any property at any given time, irrespective of the number
of units on the property.
(3)
All units must have operational fire extinguishers, smoke detectors
and carbon monoxide detectors.
(4)
Guest stays within units shall not exceed 30 consecutive days.
(5)
No unit shall be used for overnight lodging, private transient
occupancies for more than 25% of a calendar year.