City of St Marys, PA Part 3 GENERAL PROVISIONS

§ 300 General Provisions.

[Ord. 227, 12/18/2006]

The regulations contained within Part 3 shall apply to all uses within the City. In some cases, the regulations contained within this Part reference regulations contained within the Subdivision and Land Development Ordinance.[1] In such cases, any relief to be granted to such applicable standards shall be obtained according to the appropriate procedures within the SLDO and will not require approval of a variance under the terms of this chapter.

[1] Editor's Note: See Ch. 22, Subdivision and Land Development.

§ 301 Accessory Uses and Structures.

[Ord. 227, 12/18/2006]

1. Fences and walls. Except as noted below for retaining walls, no fence or wall (except livestock, required junkyard or tennis court walls or fences, or the wall of a building permitted under the terms of this chapter) shall be erected to a height of more than four feet in a front yard nor more than six feet in any other yard within the RC, RS, RU, RF, MI and CB Zones. Except as noted below for retaining walls, within any HC, LI and I Zones, no fence nor wall (except livestock, required junkyard or tennis court walls or fences, or the wall of a building permitted under the terms of this chapter) shall be erected to a height of more than 10 feet in any yard. No fence or wall shall interfere with the required clear sight triangle as listed in § 310, Subsection 3, of this chapter.

A. The use of retaining walls higher than:

	•	Four feet in a front yard within the RC, RS, RU, RF, MI and CB Zones
	•	Six feet in any side or rear yard within the RC, RS, RU, RF, MI and CB Zones
	•	Ten feet in any yard within the HC, LI and I Zones

up to a maximum height of 30 feet, is permitted, subject to the following findings:

(1) That the proposed height of the retaining wall is necessary to facilitate an efficient use of the site and/or protect an important or sensitive natural or cultural feature of the site.

(2) That the applicant has submitted written expert evidence from a professional engineer registered to practice within the Commonwealth of Pennsylvania that the proposed retaining wall is designed and will be constructed to assure structural integrity and will in no way adversely affect any underground utility lines and/or interfere with their rights-of-way.

(3) That the applicant has provided sufficient separation and physical barriers between the proposed retaining wall and any pedestrian and/or vehicle movement areas to ensure adequate vehicle and pedestrian safety.

(4) That the base of the retaining wall is set back a horizontal distance at least equal to its height from each property line.

2. Swimming pools. Swimming pools may be permitted in any zone. No permanent swimming structure shall be permitted without an operable filtration system utilizing chlorine, bromine or some other antibacterial agent. All swimming pools shall be completely enclosed by a minimum four-foot-high fence or wall with a self-closing and lockable gate; however, this does not apply to aboveground pools having a wall measuring no less than four feet in height at any perimeter point and having a retractable ladder. Such fence or wall shall be erected before any pool is filled with water. All pools must be set back at least 10 feet from all lot lines. No water from a pool shall be discharged onto any public street or alley. These requirements shall not apply to man-made ponds, lakes or other impoundments, unless the primary purpose for their construction is swimming.

3. Tennis courts. Tennis courts may be permitted in any zone. All tennis courts in residential zones shall include an open-mesh permanent fence 10 feet in height behind each baseline. Such fence shall extend parallel to said baseline at least 10 feet beyond the court's playing surface, unless the entire court is enclosed. Any lighting fixtures shall be arranged to prevent objectionable glare on adjoining property.

4. Satellite dish antennas. Satellite dish antennas are subject to all accessory use standards. Furthermore, any satellite dish antenna located within the RC, RS, RU, RF, MI and CB Zones shall be used only to receive signals, not to transmit them. All ground-mounted satellite dish antennas located within the HC, LI and I Zones that are used to transmit video-format data shall be completely enclosed by an eight-foot-high, non-climbable fence that includes signage warning of dangerous radiation levels. Any gates within the fence shall be locked when unattended. Satellite dish antennas within the HC, LI and I Zones shall comply with all principal use standards.

5. Alternative energy sources. Except for those contained on farms, wind energy conversion systems (WECS) shall not be permitted in the front yard area of any property, unless such units are set back at least 100 feet from the nearest property line. Height regulations do not apply to WECS units, provided that the height of the WECS unit shall not be greater than the shortest distance measured along a horizontal plane from the unit to any lot line and that such WECS units comply with § 231 of this chapter. WECS units may be placed on the roof of any structure, provided that the perimeter of the unit does not cover 25% of the roof area of the structure on which the WECS unit is placed. The additional height extension shall be so positioned that the height of the WECS unit above the roof is less than the distance measured along a horizontal plane from such unit to any lot line. All transmission lines to and from any freestanding WECS unit or any supporting building or structure shall be buried underground. Solar energy units shall be permitted in any zone and shall be subject to the requirements of that zone. Accessory solar energy systems (ASES) are permitted only when attached to the roof or outside wall of a building. No ASES shall cause glare on neighboring properties.

[Amended by Ord. No. 334, 1/16/2023]

6. Ornamental ponds and wading pools. Ornamental ponds and wading pools may be permitted in any zone, subject to the following:

A. Such structures shall comply with all accessory use setbacks.

B. No such impoundment shall contain more than 337.5 cubic feet of water (2,530 gallons). All ponds, pools or other impoundments exceeding the requirements of this section shall be considered as "man-made lakes, dams and impoundments" and are subject to the criteria listed in § 301, Subsection 7, of this chapter.

C. No such impoundment shall have a length or diameter exceeding 15 feet nor a maximum depth exceeding 1 1/2 feet.

D. All such ponds or pools shall be maintained so as to not pose a nuisance by reason of odor or the harboring of insects.

E. No such pond(s) shall be used for the commercial hatching of fish or other species.

7. Man-made lakes, dams, ponds, and impoundments. All lakes, dams, ponds, and impoundments may be permitted in any zone, subject to the following:

A. Lakes, dams, ponds, and impoundments located along and connected to a stream.

(1) All lakes, dams, ponds, and impoundments located along and connected to a stream that involve any of the following shall require a permit from the PA DEP, Bureau of Dams and Waterways, Division of Dam Safety, or a letter indicating that the proposed use does not require a PA DEP permit:

(a) The lake, dam, pond, or impoundment contains a volume of at least 50 acre feet.

(b) The dam reaches a height of 15 feet.

(c) The lake, dam, pond, or impoundment impounds the water from a watershed of at least 100 acres.

(2) All such lakes, dams, ponds, and impoundments shall be located 75 feet from all adjoining lot lines, as measured from the closest point of the adjoining property line to the maximum anticipated water surface elevation.

B. All lakes, dams, ponds, and impoundments not contiguous to a stream that have an intake, outlet, or both, and/or have an embankment within 50 feet of a stream shall require the obtainment of a permit from the PA DEP Bureau of Dams and Waterways, Division of Waterways and Stormwater Management.

C. All other lakes, dams, ponds, and impoundments require the submission of a statement and seal by a qualified engineer that the proposed use is properly constructed and will not pose a threat to the public safety nor the environment during normal flow conditions and those associated with the base flood. All dams shall be constructed to a height of one foot above the water surface elevation occurring during the base flood.

D. All lakes, dams, ponds, and impoundments, including stormwater management basins, shall be located a minimum of 50 feet from any subsurface sewage disposal system or well.

E. Fencing. All ponds constructed within areas subject to livestock shall be enclosed by fencing that prevents livestock from trampling the pond's shores and polluting the waters.

F. Maintenance. All ponds shall be regularly maintained, and floating debris shall be removed from all pipes and spillways. All ground cover shall be trimmed. Weeds, brush and trees shall not be permitted to grow on the dam or spillway.

8. Garage/yard sales. Within any zone, an owner and/or occupant may conduct up to four garage/yard sales per year. No garage or yard sale shall be conducted for a period longer than three consecutive days. Such sales may offer for sale personal possessions; no import or stocking of inventory shall be permitted. Only one four-square-foot sign shall be permitted advertising the garage/yard sale, located upon the premises where the sale occurs, and it shall be removed promptly upon the completion of the sale. In no case shall any aspect of the garage/yard sale be conducted in a street right-of-way. The conduct of garage sales beyond the extent described herein represents a commercial business and requires appropriate zoning authorization. The City Zoning Officer or Code Enforcement Officer may remove noncompliant signs without notice to the property owner.

[Amended by Ord. 279, 1/21/2013]

9. Accessory repair of personal motor vehicles. The routine maintenance, repair and servicing of personal motor vehicles, owned or leased by the person performing such services, when performed outside of a completely enclosed building within the RC, RS, RU and RF Zones, is permitted by an occupant of the residence, but only in compliance with the following:

A. All vehicles shall be maintained with proper registration.

B. All work shall be performed on the vehicle owner's (lessee's) property of residence.

C. Work shall be limited to the following:

(1) Servicing and replacement of spark plugs, batteries, distributors, distributor parts, water hoses, fan belts, brake fluids, transmission fluid, oil filters, air filters, oil, grease, light bulbs, fuses, floor mats and carpeting, seat covers, seat belts, windshield wipers, mirrors, and engine coolants.

(2) Repair and replacement of tires and wheels, excluding recapping or regrooving.

(3) Repair and replacement of car radios, tape players, amplifiers, and speakers.

(4) Repair and replacement of fuel pumps, oil pumps and line repairs.

(5) Minor servicing and adjustment of carburetors.

(6) Minor motor adjustments not involving the removal of the motor head or crankcase nor the prolonged revving of the motor.

(7) Minor body repairs, excluding the replacement of body parts, the complete repainting of the body and the application of undercoating.

(8) Cleaning of all exterior and interior surfaces, including washing, shampooing, vacuuming, rubbing, polishing, waxing, and the application of paint sealants.

D. All by-product or waste fuels, lubricants, chemicals, and other products shall be properly disposed of.

E. No vehicle shall be stored in a jacked-up position or on blocks for more than 72 continuous hours.

§ 302 Unenclosed Storage.

[Ord. 227, 12/18/2006]

1. Recreational vehicles, boats, campers, trailers, and trucks. Within any RC, RS, RU, and RF Zones, the unenclosed storage of recreational vehicles, travel trailers, trucks, buses, boats, and trailers used solely for the transport of the residents' recreational vehicle(s) is permitted only according to the following requirements:

A. For purposes of this section, recreational vehicles, travel trailers, buses, boats (including trailers), and other trailers used solely for the transport of the residents' recreational vehicle(s) are divided into two separate categories, as follows:

(1) Class I vehicles: those recreational vehicles, travel trailers, buses, boats (including trailers), and other trailers used solely for the transport of the residents' recreational vehicle(s) that possess no more than 200 square feet, as measured to the vehicle's outermost edges, nor exceed a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, masts, antennas, outrigging fishing poles, etc.) but will be measured to the highest point of any flybridge or other boat console.

(2) Class II vehicles: those recreational vehicles, travel trailers, buses, boats (including trailers), and other trailers used solely for the transport of the residents' recreational vehicle(s) that possess more than 200 square feet, as measured to the vehicle's outermost edges, and/or exceed a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, antennas, masts, outrigging fishing poles, etc.) but will be measured to the highest point of any flybridge or other boat console.

B. The temporary parking of one Class I or Class II vehicle for periods not exceeding 72 hours during any seven-day period is permitted on a paved or gravel surface in any yard, so long as the vehicle is set back no less than 10 feet from any street right-of-way and five feet from adjoining property lines.

C. The storage of one Class I vehicle shall be permitted per lot behind the building setback line, so long as the unit is set back no less than five feet from any adjoining lot line. All areas used for the storage of Class I vehicles shall be maintained so as to keep vegetation properly trimmed and debris or litter disposed of regularly. All vehicles shall maintain required licensure and current inspection and shall prevent the leakage of fuels and/or lubricants into the ground.

D. Except as permitted in § 302, Subsection 1B, and as follows, the parking or storage of any Class II vehicle is expressly prohibited in any residential zone or on any property used principally for residential purposes. The storage of one Class II vehicle on a residentially zoned parcel or a parcel used for a principal residence is permitted, subject to the following requirements:

(1) In no case shall the vehicle contain more than 320 square feet, as measured to the vehicle's outermost edges, nor exceed a height of 13 feet, as measured from the ground to the highest point of the vehicle's main body. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, antennas, masts, outrigging fishing poles, etc.) but will be measured to the highest point of any flybridge or other boat console.

(2) All vehicles shall be set back a minimum horizontal distance equal to the vehicle's height from each side and rear lot line.

(3) No vehicle shall be stored in front of the building setback line. On vacant lots, the vehicle must be stored behind the required front yard setback line, as specified for principal uses.

(4) Screening, as described in § 314, Subsection 3, of this chapter, shall be provided along any side and rear lot lines. Such screening shall not extend into the required front yard. Screening shall not be required along a common side lot line when the owner resides on one lot and stores the vehicle on an adjacent vacant lot that he/she owns. One ten-foot-wide break in required screening may be provided along one rear or side lot line for vehicular access onto an adjoining alley.

(5) All areas used for the storage of Class II vehicles shall be maintained so as to keep vegetation properly trimmed and debris or litter disposed of regularly. All vehicles shall maintain required licensure and prevent the leakage of fuels and/or lubricants into the ground.

2. Outdoor stockpiling. In all zones, no outdoor stockpiling of any material or outdoor storage of trash is permitted in the front yard. The outdoor stockpiling of material (including firewood) shall be located in the rear yard only and shall be a minimum of 10 feet from the closest property line. In any residential zone, the outdoor stockpiling of materials (except firewood) for more than 180 days is prohibited.

3. Trash, garbage, refuse, or junk. Except as provided in §§ 437 and 448, the outdoor accumulation of trash, garbage, refuse, or junk for a period exceeding 15 days is prohibited.

4. Dumpsters. All trash dumpsters shall be enclosed and located as specified in the CB, HC, MI, LI and I Zones and screened as set forth in § 314 of this chapter.

5. Domestic composts. The placement of framed-enclosure composts as an accessory residential use is permitted, subject to all accessory use setbacks. Only waste materials from the residential site shall be deposited within the compost, and in no case shall meat or meat by-products be composted. All composts shall be properly maintained so as not to become a nuisance to nearby properties.

§ 303 Setback Modifications.

[Ord. 227, 12/18/2006]

1. Front yard setback of buildings on built-up streets. Where at least two adjacent buildings have front yard setbacks less than that required, the average of the lesser setbacks becomes the required minimum front setback for the property.

2. Accessory or appurtenant structures. The setback regulations do not apply to:

A. Telephone booths.

B. Cornices, eaves, chimneys, steps, canopies, and similar extensions, but they do apply to porches and patios, whether covered or not.

C. Open fire escapes.

D. Minor public utility structures.

E. Parts of ornamentation or decoration.

F. Fences, hedges, and retaining walls.

G. Sidewalks.

[Amended by Ord. 279, 1/21/2013]

§ 304 Height Limit Exceptions.

[Ord. 227, 12/18/2006]

1. The height regulations do not apply to the following structures or projections, provided that such structures or projections are set back a horizontal distance at least equal to their height from any property line, are not used for habitable floor space, are compliant with § 231 of this chapter and are constructed in accordance with the prevailing Uniform Construction Code:

A. Water towers, antennas, utility poles, smokestacks, chimneys, farm silos, windmills, flagpoles, clock or bell towers, spires, steeples, belfries, cupolas, monuments, dormers, domes, satellite dishes, electrical transmission lines and structures, conveyors, derricks, skylights, solar energy collectors and other similar structures.

B. Rooftop structures for the housing of elevators, stairways, water storage tanks, ventilating fans, and other mechanical appurtenances.

C. Parapet walls or cornices used solely for ornamental purposes, if not in excess of five feet above the roof line.

2. In no case shall any freestanding or rooftop structure above the maximum permitted height be used for the purpose of providing additional floor space for residential, commercial or industrial purposes.

§ 305 Clear Sight Triangle.

[Ord. 227, 12/18/2006]

1. On corner lots, there shall be provided and maintained a clear sight triangle of at least 40 feet, as measured along the center line from the intersecting roads. No structure, planting, excavation, nor other visual obstruction shall be permitted at a height greater than 30 inches within such area. All such clear sight triangles shall be depicted upon proposed subdivision and land development plans and sketch plans for building permit applications. A public easement shall also be reserved for the purpose of removing any visual obstruction within the clear sight triangle.

[Amended by Ord. No. 314, 11/18/2019]

2. In addition, any vegetative material that creates a visual obstruction and is greater than 30 inches in height, that existed on the effective date of this chapter, and that is located within the above-described clear sight triangle shall be considered nonconforming. Such vegetation may continue for a period not to exceed six months from the effective date of this chapter. After six months, such vegetation must be trimmed so as not to create a visual obstruction or be removed by the owner.

3. Should the owner fail to remove such vegetation within the six-month period, the City shall notify the owner of the need to remove such vegetation within 30 days. Should the owner fail to remove such vegetation, after notification, within 30 days, the City may remove such vegetation and seek reimbursement for the cost of such removal from the owner, as prescribed by law.

§ 306 Minimum Habitable Floor Area.

[Ord. 227, 12/18/2006]

All dwelling units must conform to the minimum habitable floor area following:

A. Single-family, duplex and townhouse dwelling units: 600 square feet per dwelling unit.

[Amended by Ord. No. 314, 11/18/2019]

B. Multifamily dwellings: 400 square feet per dwelling unit.

C. Cabins, ECHO housing, temporary farm employee housing, and apartments of two-family conversions: 250 square feet per dwelling unit.

§ 307 Permanent/Temporary Occupancy Requirements.

[Ord. 227, 12/18/2006]

No persons or family shall be permitted to permanently reside within any tent, travel trailer, bus, boat, camper, or motor home. However, temporary occupancy of a tent, travel trailer, camper, or motor home shall be permitted within an approved campground for periods of up to 181 days in any calendar year or on the property of a friend or relative for periods of no more than two weeks.

§ 308 Establishment of More Than One Principal Use on a Lot.

[Ord. 227, 12/18/2006]

More than one principal use may be established on a single lot, provided that all lot and yard requirements, standards, and other requirements of this chapter shall be met for each structure, as though it were on an individual lot; this shall expressly apply to uses within existing structures. In addition, such proposals shall gain approval for any required land development or subdivision plan and provide individually approved methods of sewage disposal.

§ 309 Required Vehicular Access.

[Ord. 227, 12/18/2006]

Every building hereafter erected or moved shall be on a lot adjacent to and with vehicular access to a public street or with access to an approved private street. Access to lots containing single-family dwellings shall be via driveways. (See § 310.) Access to lots containing other uses shall be via access drives. (See § 311.)

§ 310 Driveway Requirements (Single-Family Dwellings).

[Ord. 227, 12/18/2006]

1. Number per lot. No more than two driveway connections per lot shall be permitted.

2. Setbacks. Driveways shall not connect with a public street within 40 feet of the right-of-way lines of any intersecting streets nor within five feet of a fire hydrant. Furthermore, no part of a driveway shall be located within five feet from any adjoining side lot line, except as permitted in §§ 310, Subsections 9 through 16, and 322 of this chapter.

3. Clear sight triangle. Driveways shall be located and constructed so that a clear sight triangle of 75 feet, as measured along the street center line, and five feet along the driveway center line, is maintained; no permanent obstructions and/or plant materials over 30 inches high shall be placed within this area.

4. Slope. A driveway shall not exceed a slope of 8% within 25 feet of the street right-of-way lines.

5. Road classification. Driveway access shall be provided to the street of lesser classification when there is more than one street classification involved.

6. Driveway width. No driveway shall provide a curb cut exceeding 24 feet in width.

7. PennDOT permit. Any driveway intersecting with a City-owned or a state-owned road shall require the obtainment of a driveway permit from the City or Pennsylvania Department of Transportation, respectively.

8. Drainage. Driveways shall not be constructed in a manner to be inconsistent with the design, maintenance and drainage of the street.

9. Townhouses on individual lots are permitted to utilize front-yard driveways and garages if such driveways are designed and constructed to provide independent access to both required off-street parking spaces, are only connected to local roads, and comply with the following as depicted above:

A. Such driveways must be arranged as a side-by-side, joint-use driveway with an adjoining townhouse (see Lots 1-6), except that one end unit within a townhouse grouping containing three, five or seven units may use one freestanding driveway. (See Lot 7.)

B. Such driveway shall be at least 43 feet in length (see Lot 7), and the side-by-side, off-street parking spaces shall be set back at least 23 feet from the street line. (See Lot 1.)

C. Such driveways must be set back at least:

(1) Twelve feet from any lot line of an adjoining townhouse that does not share the joint-use driveway, as measured at the street line. (See Lots 2 and 3.)

(2) Two feet from any lot line of an adjoining townhouse that does not share the joint-use driveway. (See the inset in the above diagram.)

(3) Thirty feet from the right-of-way of any street or alley which does not connect with the driveway. (See Lot 1.)

(4) Twenty feet from the lot line of an end unit that abuts another end unit or a non-townhouse use. (See Lot 7.)

(5) Five feet from the closest point of any building other than a garage. (See Lot 1.)

D. No individual driveway shall be narrower than 20 feet. (See Lot 7.)

E. Garages must be attached to, and rely upon, a driveway as permitted above.

F. Garages must be set back at least:

(1) Twenty-three feet from the street right-of-way. (See Lot 1.)

(2) Twelve feet from any lot line of an adjoining townhouse that does not share a joint-use driveway. (See Lot 5.)

(3) Five feet when detached from any building on the site. (See Lot 1.)

(4) Twenty feet from the lot line of an end unit that abuts another end unit or a non-townhouse use. (See Lot 7.)

10. Townhouses on individual lots are permitted to utilize rear-yard driveways and garages if such driveways are designed and constructed to provide independent access to both required off-street parking spaces and comply with the following as depicted above:

A. Such driveways must be arranged as a side-by-side, joint-use driveway with an adjoining townhouse. (See Lots 1-7.)

B. Such driveways must be set back at least:

(1) Thirty feet from the right-of-way of any street or alley which does not connect with the driveway. (See Lot 1.)

(2) Twenty feet from the lot line of an end unit that abuts another end unit or a non-townhouse use. (See Lot 7.)

(3) Five feet from the closest point of any building other than a garage.

C. No individual driveway shall be narrower than 20 feet. (See Lot 2.)

D. Garages must be attached to, and rely upon, a driveway as permitted above.

E. Garages must be set back at least:

(1) Twenty feet from the alley right-of-way. (See Lot 4.)

(2) Twelve feet from any townhouse unit that is not directly attached to the garage. (See Lot 5.)

(3) Five feet when detached from any building on the site.

(4) Five feet from any adjoining lot line that does not share the same garage structure. (See Lot 4.)

(5) Eighteen feet from the lot line of an end unit that abuts another end unit or a non-townhouse use.

11. Townhouses on common property are permitted to utilize front-yard driveways and garages if such driveways are designed and constructed to provide independent access to both required off-street parking spaces, are only connected to local roads, and comply with the following as depicted above:

A. Such driveways must be arranged as a side-by-side, joint-use driveway with an adjoining townhouse (see Units 1-6), except that one end unit within a townhouse grouping containing three, five or seven units may use one freestanding driveway. (See Unit 7.)

B. Such driveway shall be at least 43 feet in length (see Unit 7), and the side-by-side, off-street parking spaces shall be set back at least 23 feet from the street line. (See Unit 1.)

C. Such driveways must be set back at least:

(1) Thirty feet from the right-of-way of any street or alley which does not connect with the driveway. (See Unit 1.)

(2) Twenty-four feet from any other driveway or access drive that is not connected to the driveway, as measured at the street line. (See Units 2 and 3.)

(3) Four feet from any other driveway or access drive that is not connected to the driveway. (See the inset in the above diagram.)

(4) Twenty feet from any outside boundary of the development site or a non-townhouse use. (See Unit 7.)

(5) Forty feet between two different driveways serving end units.

(6) Five feet from the closest point of any building other than a garage. (See Unit 1.)

D. No driveway shall be narrower than 20 feet. (See Unit 7.)

E. Garages must be attached to, and rely upon, a driveway as permitted above.

F. Garages must be set back at least:

(1) Twenty-three feet from the street right-of-way. (See Unit 1.)

(2) Fourteen feet from any adjoining townhouse that does not share a joint-use driveway. (See Units 2 and 3.)

(3) Five feet when detached from any building on the site. (See Unit 4.)

(4) Eighteen feet from an outside boundary of the development site or a non-townhouse use.

(5) Thirty-six feet between two different garages serving end units.

12. Townhouses on common property are permitted to utilize rear-yard driveways and garages if such driveways are designed and constructed to provide independent access to both required off-street parking spaces and comply with the following as depicted above:

A. Such driveways must be arranged as a side-by-side, joint-use driveway with an adjoining townhouse. (See Units 1-7.)

B. Such driveways must be set back at least:

(1) Thirty feet from the right-of-way of any street or alley which does not connect with the driveway. (See Unit 1.)

(2) Twenty feet from the lot line of an end unit that abuts another end unit or a non-townhouse use. (See Unit 7.)

(3) Five feet from the closest point of any building other than a garage.

C. No individual driveway shall be narrower than 20 feet.

D. Garages must be attached to, and rely upon, a driveway as permitted above and shall be no wider than 48 feet. (See Units 3 and 4.)

E. Garages must be set back at least:

(1) Twenty feet from the alley right-of-way. (See Unit 4.)

(2) Twelve feet from any townhouse unit that is not directly attached to the garage. (See Unit 5.)

(3) Five feet when detached from any building on the site.

(4) Twelve feet from any adjoining garage that does not share the same garage structure. (See Units 2 and 3.)

(5) Twenty feet from the lot line of an end unit that abuts another end unit or a non-townhouse use. (See Unit 7.)

13. Townhouses on individual lots are permitted to utilize front-yard driveways and garages if:

A. Such townhouses have garages contained on the ground floor of the unit.

B. Such garages share the front wall on the same vertical plane as the townhouse unit.

C. Such driveways are only connected to local roads.

D. Such townhouses, garages and their driveways comply with the following as depicted above:

(1) Such driveways must extend entirely between the cartway of the adjoining local road and the garage contained within the townhouse unit. (See Lots 1-7.)

(2) Such driveway shall be at least 40 feet in length, as measured from the street right-of-way line. (See Lot 5.)

(3) Such driveways must be set back at least:

(a) One foot from any side lot line. (See Inset on Lots 1 and 2.)

(b) Thirty feet from the right-of-way of any street or alley which does not connect with the driveway (see Lot 1.)

(c) Twenty feet from the lot line of an end unit that abuts another end unit or a non-townhouse use (see Lot 7.)

(4) No individual driveway shall be narrower than 12 feet or wider than 14 feet.

14. Townhouses on common property are permitted to utilize front-yard driveways and garages if:

A. Such townhouses have garages contained on the ground floor of the unit.

B. Such garages share the front wall on the same vertical plane as the townhouse unit.

C. Such driveways are only connected to local roads.

D. Such townhouses, garages and their driveways comply with the following as depicted above:

(1) Such driveways must extend entirely between the cartway of the adjoining local road and the garage contained within the townhouse unit. (See Units 1-7.)

(2) Such driveway shall be at least 30 feet in length, as measured from the street right-of-way line. (See Unit 5.)

(3) Such driveways must be set back at least:

(a) Two feet from any other driveway and neighboring townhouse unit. (See between Units 1 and 2.)

(b) Thirty feet from the right-of-way of any street or alley which does not connect with the driveway. (See Unit 1.)

(c) Twenty feet from a neighboring end unit or a non-townhouse use. (See Unit 7.)

(4) No individual driveway shall be narrower than 12 feet or wider than 14 feet.

15. Townhouses on individual lots are permitted to utilize rear-yard driveways and garages if:

A. Such townhouses have garages contained on the ground floor of the unit.

B. Such garages share the rear wall on the same vertical plane as the townhouse unit.

C. Such driveways are only connected to alleys as regulated by § 503 of the SLDO.[1]

[1] Editor's Note: See Ch. 22, Subdivision and Land Development. The original text refers to § 503 of the SLDO; however, the provisions regarding alleys are actually included in § 209 of Ch. 22.

D. Such townhouses, garages and their driveways comply with the following as depicted above:

(1) Such driveways must extend entirely between the alley and the garage contained within the townhouse unit. (See Lots 1-7.)

(2) Such driveway shall be at least 40 feet long, as measured from the closest edge of the alley cartway. (See Lot 4.)

(3) Such driveways must be set back at least:

(a) One foot from any side lot line. (See Lots 4 and 5.)

(b) Thirty feet from the right-of-way of any street or alley which does not connect with the driveway. (See Lot 1.)

(c) Twenty feet from the lot line of an end unit that abuts another end unit or a non-townhouse use. (See Lot 7.)

(4) No individual driveway shall be narrower than 12 feet or wider than 14 feet.

E. For units employing the above design, the minimum required front yard setback is reduced to 25 feet, and the maximum permitted lot coverage is increased to 60%.

16. Townhouses on common property are permitted to utilize rear-yard driveways and garages if:

A. Such townhouses have garages contained on the ground floor of the unit.

B. Such garages share the rear wall on the same vertical plane as the townhouse unit.

C. Such driveways are only connected to alleys as regulated by § 503 of the SLDO.[2]

[2] Editor's Note: See Ch. 22, Subdivision and Land Development. The original text refers to § 503 of the SLDO; however, the provisions regarding alleys are actually included in § 209 of Ch. 22.

D. Such townhouses, garages and their driveways comply with the following as depicted above:

(1) Such driveways must extend entirely between the alley and the garage contained within the townhouse unit. (See Units 1-7.)

(2) Such driveway shall be at least 40 feet long, as measured from the closest edge of the alley cartway. (See Unit 4.)

(3) Such driveways must be set back at least:

(a) Two feet from any other driveway and neighboring townhouse unit. (See Inset on Units 1 and 2.)

(b) Thirty feet from the right-of-way of any street or alley which does not connect with the driveway. (See Unit 1.)

(c) Twenty feet from a neighboring end unit or a non-townhouse use. (See Unit 7.)

(4) No individual driveway shall be narrower than 12 feet or wider than 14 feet.

E. For units employing the above design, the minimum required front yard setback is reduced to 25 feet, and the maximum permitted lot coverage is increased to 60%.

§ 311 Access Drive Requirements (Non-Single-Family Dwellings).

[Ord. 227, 12/18/2006]

1. Number per lot. Except as specified elsewhere, the number of access drives intersecting with a street may not exceed two per lot frontage.

2. Setbacks. All access drives shall be set back at least:

A. Twenty feet from the intersection of any street right-of-way lines.

B. Twenty feet from any other access drive located upon the same lot (measured from cartway edges).

C. Fifteen feet from any side and/or rear property lines; however, this setback can be waived along one property line when a joint parking lot is shared by adjoining uses.

3. Clear sight triangle. Access drives shall be located and constructed so that no permanent obstructions and/or plant materials over 30 inches high shall be placed within a clear sight triangle of 40 feet, as measured along the street center line and along the access drive center line.

4. Slope. Access drives shall not exceed a slope of 4% within 75 feet of the intersecting street center line.

5. Surfacing. All access drives shall be paved with concrete or bituminous paving material or another dust-free material.

6. Access drive width. Access drives shall provide a minimum twelve-foot-wide cartway for each lane of travel. However, in no case shall any access drive cartway be less than 18 feet wide if it provides for truck movement between the public right-of-way and any required off-street loading spaces, as regulated by § 313 of this chapter.

[Amended by Ord. 279, 1/21/2013]

7. PennDOT permit. Any access drive intersecting with a state-owned road shall require the obtainment of a driveway permit from the Pennsylvania Department of Transportation.

§ 312 Off-Street Parking Requirements.

[Ord. 227, 12/18/2006]

1. Except as noted in § 210, Subsection 5, of this chapter, off-street parking shall be required in accordance with the provisions of this section prior to the occupancy of any building or use, so as to alleviate traffic congestion on streets. Off-street parking shall be provided whenever:

[Amended by Ord. 279, 1/21/2013]

A. A building is constructed or a new use is established.

B. The use of an existing building is changed to a use requiring more parking facilities.

C. An existing building or use is altered or enlarged so as to increase the amount of parking space required.

2. Every single-family dwelling shall provide at least one parking space. Such spaces must be provided behind the street right-of-way line and may take the form of garages, carports or driveways. Additional regulations pertaining to driveways are contained in § 310 of this chapter.

[Amended by Ord. No. 314, 11/18/2019]

3. Site plan approval:

A. Each application for a building permit (for a use for which parking spaces are required) shall include a drawing (site plan) showing the proposed layout of the lot. The drawing shall clearly indicate all of the design elements required below.

B. No building permit shall be issued for any use for which parking spaces are required unless the site plan has been approved or necessary variances have been obtained.

4. Surfacing. All parking lots shall be constructed and maintained with a paved surface of concrete or bituminous materials or another dust-free surface.

5. Separation from streets and sidewalks. Parking spaces shall be guarded by curbs or other protective devices which are arranged so that parked motor vehicles cannot project into the streets, yards, or walkways.

6. Drainage. Parking lots shall be graded to a minimum slope of 1% to provide for drainage. Adequately sized inlets and storm sewers shall be provided to discharge stormwater, in accordance with a plan under the SLDO.[1]

[1] Editor's Note: See Ch. 22, Subdivision and Land Development.

7. Parking space sizes. The following lists required minimum space sizes, in feet:

A. Standard motor vehicle spaces:

(1) Parallel: 22 by 8.

(2) Nonparallel: 18 by 9.

B. Shall comply with latest version of the Americans With Disabilities Act[2] and/or the Accessibility Code.

[Amended by Ord. No. 314, 11/18/2019]

[2] Editor's Note: See 42 U.S.C. § 12101 et seq.

8. Design standards for handicapped parking spaces. Parking lots shall comply with the latest version of the Americans With Disabilities Act.

9. Interior driveway widths.

A. Interior driveways between rows of parking spaces shall have the minimum widths indicated in the following table:

[Amended by Ord. No. 314, 11/18/2019]

Angle of Parking	Width of Interior Driveway/One-Way Traffic (feet)	Width of Interior Driveway/Two-Way Traffic (feet)
90°	22	22
60°	18	22
45°	13	22
30°	12	22
Parallel	12	22

B. Interior driveways in areas where there is no parking permitted shall be at least 12 feet wide for each lane of traffic.

10. Marking of parking spaces and interior drives.

A. All parking lots paved by bituminous or concrete materials shall be adequately marked and maintained for the purpose of defining parking stalls and interior drives. As a minimum, the lines of all parking stalls and interior drives (including directional arrows, etc.) shall be solid white and four inches in width. White paint for these lines shall conform to Federal Specification TT-P-115C, Type 1, for white nonreflective traffic line paint, or equivalent.

[Amended by Ord. 279, 1/21/2013]

B. In the event that parking lots are not marked as required by this section, the City may notify the owner, in writing, at least 30 days in advance, and, at its option, perform or hire the said marking to be done and recover the cost thereof from the owner or tenant of said lot in a manner prescribed by law.

11. Not less than a four-foot radius of curvature shall be permitted for horizontal curves in parking areas.

12. All dead-end parking lots shall be designed to provide sufficient backup area for vehicles parked in all end spaces.

13. Lighting. Adequate lighting shall be provided if the parking lot is to be used at night. The lighting shall be arranged so as not to reflect or glare on land used for residential purposes or adjoining lots or streets.

14. Access drive requirements. Every parking lot shall be connected to a street by means of an access drive. This access drive shall be at least 12 feet wide for each lane, exclusive of curb return and gutters. Section 311 specifies other requirements for access drives.

15. Landscaping and screening requirements. The following landscaping and screening requirements shall apply to all parking lots:

A. Landscaped strip.

(1) When a parking lot is located in a yard which abuts a street, a landscaped strip shall be provided on the property along the entire street line. If there is no building or other structure on the property, the parking lot shall still be separated from the street by the landscaped strip. This strip shall be measured from the street line. The strip may be located within any other landscaped strip required to be located along a street.

(2) The following lists required width of landscape strips:

Number of Spaces in Parking Lot, Including Joint Facilities	Landscape Strip Width in Feet, Measured from Street Right-of-Way Line*
Less than 250	10
Over 250	20

NOTE:
*	Or the closest edge of any access drive that is located along the street that provides for vehicle access to the site.

(3) Unless otherwise indicated, all parking lots constructed in side or rear yards (as defined herein) shall be set back according to the standards listed in the respective zones. Such setbacks shall be used for landscape strips.

B. Interior landscaping.

(1) (Reserved)[3]

[3] Editor's Note: Former Subsection 15B(1), regarding any parking lot containing 20 or more parking spaces, was repealed by Ord. No. 314, 11/18/2019.

(2) Parked vehicles may not overhang interior landscaped areas more than 2 1/2 feet. Where necessary, wheel stops or curbing shall be provided to ensure no greater overhang.

(3) If a parking lot of under 20 spaces is built without interior landscaping and later additional spaces are added so that the total is 20 or more, the interior landscaping shall be provided for the entire parking lot.

C. Screening. When a parking lot is located on property which adjoins land in the RC, RS, RU or RF Zone, the parking lot shall be screened from the adjoining residential property.

16. Speed bumps.

A. Speed bumps, constructed as part of access drives or parking lots, shall be marked with permanent, yellow diagonal stripes.

B. The speed bumps shall be in the form of mounds or depressions in the pavement and shall be designed to restrain motor vehicle speed.

C. There shall be a warning sign posted at each entrance to a parking area having bumps.

D. In no case shall the overall height (or depth) of speed bumps exceed two inches.

E. Speed bumps shall be located no less than 50 feet from any street right-of-way line.

17. Joint parking lots.

A. In shopping centers over two acres in size, joint parking lots may be permitted. These joint facilities can reduce the total number of parking spaces required by a maximum of 20%. Therefore, the resulting joint parking lot will be required to provide at least 80% of the total number of spaces required by the sum of all of the shopping center's tenants. Such reduced parking spaces must be appropriately distributed upon the lot to provide convenient walking distance between vehicles and each of the shopping center's stores.

B. Required parking spaces may be provided in parking lots designated to jointly serve two or more establishments or uses, provided that the number of required spaces in such joint facility shall not be less than the total required separately for all such establishments or uses. However, where it can be conclusively demonstrated that one or more uses will be generating a demand for parking spaces primarily during periods when the other use(s) is(are) not in operation, the total number of required parking spaces may be reduced to:

(1) That required number of spaces that would be needed to serve the use generating the most demand for parking; plus.

(2) Twenty percent of that number of required parking spaces needed to serve the use(s) generating the demand for lesser spaces.

(3) Each use must reserve sufficient land area on its respective site to accommodate required parking independently.

18. Prohibited and temporary uses of parking lots. Motor vehicle parking lots are for the sole purposes of accommodating the motor vehicles of persons associated with the use which requires them. Parking lots shall not be used for the following and/or loading purposes:

A. The sale, display, or storage of motor vehicles or other merchandise.

B. Parking vehicles accessory to the use.

C. Performing services (including services to vehicles).

D. Required off-street parking space shall not be used for loading and unloading purposes except during hours when business operations are suspended.

19. Schedule of Required Parking Spaces. The following lists required numbers of parking spaces by use type. Any use involving a combination of several uses shall provide the total number of spaces required for each individual use.

[Amended by Ord. 279, 1/21/2013]

	Commercial Uses
	Type of Use	Minimum of One Automobile Parking Space for Each	Minimum of One Oversize Parking Space for Each
	Automobile, truck, trailer, bus, and recreational vehicle repair, filling and washing facilities	400 square feet of gross floor and ground area devoted to repair and service facilities in addition to areas normally devoted to automobile storage, and 1 per employee on the major shift	10,000 square feet of gross floor and ground area devoted to repair and service facilities
	Automobile, boat, and trailer sales	1,000 square feet of gross indoor and outdoor display areas	10,000 square feet of gross indoor and outdoor display areas
	Carpeting, drapery, floor covering, and wall covering sales	500 square feet of gross floor area	10,000 square feet of gross indoor and outdoor display areas
	Convenience stores	75 square feet of gross floor area	1,000 square feet of gross floor area or fraction thereof
	Drive-thru and/or fast-food restaurants	2 seats, and 1 per each 2 employees	30 seats or fraction thereof
	Food markets and grocery stores	150 square feet of gross floor area for public use, and 1 per each employee on the 2 largest shifts	5,000 square feet of gross floor area or fraction thereof
	Funeral homes	100 square feet of gross floor area, 1 per each employee, and 1 per each piece of mobile equipment, such as hearses and ambulances	Funeral home
	Furniture sales	500 square feet of gross floor area	10,000 square feet of gross floor area or fraction thereof
	Hotels, motels	Guest sleeping room, and 1 per each employee on the 2 largest shifts (Restaurants and other accessory uses shall add to this requirement.)	10 guest sleeping rooms or fraction thereof
	Mini-warehouses	25 units, plus 1 per 250 square feet of office space, plus 2 per any resident manager	25 units or fraction thereof
	Nightclubs	2 seats, plus 1 per each employee on site at 1 time	30 seats of legal occupancy or fraction thereof
	Office buildings	300 square feet of gross floor area	10,000 square feet of gross floor area or fraction thereof
	Professional offices of veterinarians, physicians, dentists, etc.	6 spaces per each physician or dentist, etc.	10,000 square feet of gross floor area or fraction thereof
	Retail stores or shops (except those listed above)	200 square feet of gross floor area of display area or sales area, and 1 per each employee on the 2 largest shifts	5,000 square feet of gross floor area or fraction thereof
	Restaurants and taverns	3 seats, plus 1 per each employee on the largest shift	30 seats or fraction thereof
	Shopping centers or malls	See § 453, Subsection 4, of this chapter	5,000 square feet of gross floor area or fraction thereof
	Other commercial buildings	400 square feet of gross floor area	5,000 square feet of gross floor area or fraction thereof

	Industrial Uses
	Type of Use	Minimum of One Automobile Parking Space for Each	Minimum of One Oversize Parking Space for Each
	Industrial and heavy manufacturing establishments	2 employees on the 2 largest shifts or at least 1 space per each 1,000 square feet of gross floor area, whichever is the greatest number	10,000 square feet of gross floor area or fraction thereof
	Warehousing	Employee on the 2 largest shifts	10,000 square feet of gross floor area or fraction thereof

	Recreation Uses
	Type of Use	Minimum of One Automobile Parking Space for Each	Minimum of One Oversize Parking Space for Each
	Amusement arcades	50 square feet, plus 1 per employee	30 persons of legal occupancy or fraction thereof
	Baseball, soccer, field hockey, lacrosse, rugby, football and other athletic fields without spectator seating	1/12 field (12 per field)	1/2 field (i.e., 2 per field)
	Baseball, soccer, field hockey, lacrosse, rugby, football and other athletic fields with spectator seating	1/12 field (12 per field), plus 1 per each 4 seats of spectator seating	1/2 field (i.e., 2 per field)
	Basketball and volleyball courts without spectator seating	1/8 court (8 per court)	1 court (i.e., 1 per court)
	Basketball and volleyball courts with spectator seating	1/8 court (8 per court), plus 1 per each 4 seats of spectator seating	1 court (i.e., 1 per court)
	Bowling alleys, billiard rooms	1/4 lane/table (i.e., 4 per lane/table), and 1 per each 2 employees	100 persons of legal occupancy or fraction thereof
	Campgrounds	Non-RV campsite, plus 1 per employee, plus 50% of the spaces normally required for accessory uses	RV campsite, plus 1 per 20 non-RV campsites or fraction thereof.
	Golf courses	1/4 hole (i.e., 4 per hole), plus 1 per employee, plus 50% of the spaces normally required for accessory uses	9 holes or fraction thereof
	Golf driving ranges	1 per tee, and 1 per employee	20 tees or fraction thereof
	Miniature golf courses	1/2 hole (i.e., 2 per hole), and 1 per employee	18 holes or fraction thereof
	Gymnasiums without spectator seating	1/8 court (8 per court)	1/2 gym (i.e., 2 per gym)
	Gymnasiums with spectator seating	1/8 court (8 per court), plus 1 per 4 seats of spectator seating	1/2 gym (i.e., 2 per gym)
	Riding schools or horse stables	2 stalls, plus 1 per every 4 seats of spectator seating	4 stalls or fraction thereof
	Picnic areas	1 table	20 tables or fraction thereof
	Skating rinks	4 persons of legal occupancy	100 persons of legal occupancy or fraction thereof
	Swimming pools (other than one accessory to a residential development)	4 persons of legal occupancy	100 persons of legal occupancy or fraction thereof
	Tennis or racquetball clubs without spectator seating	1/4 court (i.e., 4 per court), plus 1 per employee.	10 courts or fraction thereof
	Tennis or racquetball clubs with spectator seating	1/4 court (i.e., 4 per court), plus 1 per each 4 seats of spectator seating	10 courts or fraction thereof

	Residential Uses
	Type of Use	Minimum of One Automobile Parking Space for Each	Minimum of One Oversize Parking Space for Each
	Single-family detached dwellings, 2-family conversions, and conversion apartments	1/2 dwelling unit (i.e., 2 spaces per dwelling unit)	See § 302 of this chapter.
	Boardinghouses, group homes, and bed-and-breakfasts	Bedroom	See § 302 of this chapter.
	Duplex, townhouse and multiple-family dwellings	1/2 dwelling unit (i.e., 2 spaces per dwelling unit). Such parking spaces can take the form of private driveways or garages and/or common parking lots, provided all spaces required are within 150 feet of the unit served.	See § 302 of this chapter.

	Social And Institutional Uses
	Type of Use	Minimum of One Automobile Parking Space for Each	Minimum of One Oversize Parking Space for Each
	Auditorium, banquet, conference, and meeting facilities; churches, theaters, and other such places of public assembly	200 square feet, but not fewer than 1 space per each 3 seats	100 persons of legal occupancy or fraction thereof
	Clubs, lodges and other similar places	200 square feet of gross floor area, and 1 per each employee on the 2 largest shifts	30 persons of legal occupancy or fraction thereof
	Nursing, rest or retirement homes	3 accommodations (beds), in addition to those needed for doctors and support staff	100 persons of residency or fraction thereof
	Hospitals, sanitariums	Spaces shall be provided for visitors at the rate of at least 1 space per each 1.5 accommodations (beds). Such spaces shall be in addition to those necessary for doctors and other personnel.	100 accommodations (beds) or fraction thereof
	Museums, art galleries, cultural centers, libraries	400 square feet of gross floor area	100 persons of legal occupancy or fraction thereof
	Rehabilitation centers (without overnight accommodations)	1 per each employee, and 1 per each 3 people anticipated to be handled through the facility	30 persons of legal occupancy or fraction thereof
	Schools below grade 10, including principal day-cares and kindergartens	6 students enrolled	60 students enrolled or fraction thereof
	Schools, tenth grade and above, including colleges	3 students enrolled	40 students or fraction thereof
	Vocational training and adult education facilities	1.5 students enrolled	60 students enrolled or fraction thereof

§ 313 Off-Street Loading Facilities.

[Ord. 227, 12/18/2006]

1. Except as noted in § 210, Subsection 6, off-street loading shall be required in accordance with this section prior to the occupancy of any building or use, so as to alleviate traffic congestion on streets. These facilities shall be provided whenever:

[Amended by Ord. 279, 1/21/2013]

A. A new use is established.

B. The use of a property or building is changed, thereby requiring more loading space.

C. An existing use is enlarged, thereby requiring an increase in loading space.

2. Site plan. Each application for a building permit (or use for which off-street loading spaces are required) shall include a drawing (site plan) showing the proposed layout of the loading area. The drawing shall clearly indicate the design elements required below. No building permit shall be issued for any use for which a loading area is required unless the site plan has been approved or necessary variances have been approved.

3. Location. Except within the I Zone, a ground-level loading area may be located in any side or rear yard. No exterior portion of an off-street loading facility (including access drives) shall be located within 50 feet of any land within an RC, RS, RU or RF Zone. Off-street loading facilities shall be located on the face of a building not facing any adjoining land in an RC, RS, RU or RF Zone.

4. Surfacing. All off-street loading facilities, including access drives, shall be constructed and maintained with a paved surface of concrete or bituminous materials.

5. Connection to street. Every loading space shall be connected to a street by means of an access drive. The access drive shall be at least 18 feet wide, exclusive of curb returns and gutters. Section 311 specifies other requirements for access drives.

6. Separation from streets, sidewalks and parking lots. Off-street loading spaces shall be designed so that there will be no need for service vehicles to back over streets or sidewalks. Furthermore, off-street loading spaces shall not interfere with off-street parking lots.

7. Drainage. Off-street loading facilities (including access drives) shall be drained to prevent damage to other properties or public streets. Furthermore, all off-street loading facilities shall be designed to prevent the collection of standing water on any portion of the loading facility surface, particularly next to access drives.

8. Required off-street loading facility sizes. The following lists required minimum loading space sizes, in feet (excluding access drives, entrances, and exits):

	Facility	Length (feet)	Width (feet)	Height (if covered or obstructed) (feet)
	Industrial, wholesale, shopping centers and storage uses	63	12	15
	All other uses	33	12	15

9. Lighting. Adequate lighting shall be provided if the loading facility is to be used at night. The lighting shall be arranged so as not to be directed or reflected or to cause glare off of the site.

10. Landscaping and screening requirements. Except in the case of joint off-street loading areas, all off-street loading areas shall comply with those applicable setbacks listed in each zone. Such setbacks shall be used to provide a landscape strip, and all off-street loading facilities shall also be screened from adjoining residentially zoned properties and/or adjoining public streets.

11. Schedule of Required Loading Spaces.

	Type of Use	Number of Spaces Per	Gross Floor Area/Dwelling Unit
	Hospital or other institution	None	First 10,000 square feet
		1.0	10,000 to 100,000 square feet
		+1.0	Each additional 100,000 square feet (or fraction)
	Hotel, motel and similar lodging facilities	None	First 10,000 square feet
		1.0	10,000 to 100,000 square feet
		+1.0	Each additional 100,000 square feet (or fraction)
	Industry or manufacturing	None	First 2,000 square feet
		1.0	2,000 to 25,000 square feet
		+1.0	Each additional 40,000 square feet (or fraction)
	Multifamily dwelling	None	Less than 100 dwelling units
		1.0	100 to 300 dwelling units
		+1.0	Each additional 200 dwelling units (or fraction)
	Office building, including banks	None	First 10,000 square feet
		1.0	10,000 to 100,000 square feet
		+1.0	Each additional 100,000 square feet (or fraction)
	Retail sales and services, per store, and restaurants	None	First 2,000 square feet
		1.0	2,000 to 10,000 square feet
		2.0	10,000 to 40,000 square feet
		+1.0	Each additional 100,000 square feet (or fraction)
	Shopping centers (integrated shopping centers, malls and plazas) having at least 25,000 square feet	1.0	25,000 square feet up to 100,000 square feet
		+1.0	Each additional 100,000 square feet
	Theater, auditorium, bowling alley, or other recreational establishment	None	First 10,000 square feet
		1.0	10,000 to 100,000 square feet
		+1.0	Each additional 100,000 square feet (or fraction)
	Undertaking establishment or funeral parlor	None	First 3,000 square feet
		1.0	3,000 to 5,000 square feet
		+1.0	Each additional 10,000 square feet (or fraction)
	Wholesale or warehousing (except mini-warehousing)	None	First 1,500 square feet
		1.0	1,500 to 10,000 square feet
	+1.0	Each additional 40,000 square feet (or fraction)

§ 314 Landscaping and Screening Requirements.

[Ord. 227, 12/18/2006]

1. Yard ground cover. Any part of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks, and designated storage areas shall be planted with an all-season ground cover approved by the City Council (e.g., grass, mulch, ivy, pachysandra, etc.). In addition, gravel can be substituted if done in a manner to complement other vegetative materials. It shall be maintained to provide an attractive appearance, and all non-surviving plants shall be replaced promptly.

2. Landscaping requirements.

A. Any required landscaping (landscape strips and interior landscaping) shall include a combination of the following elements: deciduous trees, ground covers, evergreens, shrubs, vines, flowers, rocks, gravel, earth mounds, berms, walls, fences, screens, sculptures, fountains, sidewalk furniture, or other approved materials. Artificial plants, trees and shrubs may not be used to satisfy any requirement for landscaping or screening. No less than 80% of the required landscape area shall be vegetative in composition, and no outdoor storage shall be permitted within required landscape areas.

B. For each 750 square feet of required area for landscape strips, one shade/ornamental tree shall be provided. If deciduous, these trees shall have a clear trunk at least five feet above finished grade; if evergreen, these trees shall have a minimum height of six feet. All required landscape strips shall have landscaping materials distributed along the entire length of the lot line abutting the yard.

3. Screening. The following materials may be used: evergreens (trees, hedges or shrubs), walls, fences, earth berms, or other approved similar materials. Fences and walls shall not be constructed of corrugated metal, corrugated fiberglass or sheet metal. Screening shall be arranged so as to block the ground-level views between grade and a height of six feet. Landscape screens must achieve this visual blockage within two years of installation.

4. Selection of plant materials.

A. Trees and shrubs shall be typical of their species and variety and have normal growth habits, well-developed branches, dense foliage, and vigorous, fibrous root systems. They shall have been grown under climatic conditions similar to those in the locality of the project or properly acclimated to conditions of the locality of the project.

B. Any tree or shrub which dies shall be replaced so as to maintain ground cover and/or screening. All landscaping and screening treatments shall be properly maintained.

§ 315 Permanent Signs.

[Added by Ord. No. 331, 3/21/2022[1]]

1. This section regulates permanent signs. The regulation of temporary signs is covered by Chapter 19, Signs and Billboards, of the City Code.

2. Signs must be constructed of durable material and maintained in good condition.

3. No sign shall be maintained within the City in such a state of disrepair as to have the appearance of complete neglect, which is rotting or falling down, which is illegible, or which has loose parts separated from original fastenings.

4. Whenever a sign becomes structurally unsafe or endangers the safety of the building or premises, or endangers public safety, the Zoning Officer shall give written notice to the owner of the premises on which the sign is located that such sign be made safe or removed within five days.

5. Advertising painted upon or displayed upon a barn or other building or structure shall be regarded as a flat wall sign, and the regulations pertaining thereto shall apply.

6. Each sign shall be removed when the circumstances leading to its erection no longer apply.

7. Signs may be interior-lighted with nonglaring lights or may be illuminated by floodlights or spotlights. If illuminated by floodlights or spotlights, they must be downward facing and shielded so there is no direct light transmitted to other properties or public rights-of-way.

8. No sign shall be of the intermittent flashing or rotating type.

9. No sign located within 300 feet of any traffic light shall be illuminated with red, green or yellow lights or neon tubing.

10. All electrically illuminated signs shall be constructed to the standards of the National Board of Fire Underwriters.

11. Signs must be positioned so that they do not interfere with any clear sight triangle.

12. Determination of Size. The area of a sign shall be construed to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, including any border framing or decorative attachments, but not including any supporting framework or bracing incidental to the display itself. Where the sign consists of individual letters or symbols attached to a building, wall or window, the area of the sign shall be considered to be that of the smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign; provided, however, that for a double-face sign, if the interior angle formed by the two faces of the double-face sign is less than 45° and the two faces are at no point more than three feet from one another, the area of only the larger face shall be included.

13. No lewd, vulgar, indecent, or obscene advertising matter shall be displayed in any manner, including but not limited to:

A. Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law.

B. Scenes wherein a person displays the vulva or the anus or other genitals.

C. Scenes wherein artificial devices are employed to depict, or drawings are employed to portray, any of the prohibited signs, photographs or graphic representations described above.

D. Any other graphic illustration pertaining to specified sexual activities and/or specified anatomical areas.

E. No sign shall be erected or located as to prevent free ingress or egress from any window, door or fire escape.

F. No sign shall be placed in such a position that it will obscure light or air from a building or which would create a traffic danger.

14. No sign shall be erected within the right-of-way of any street.

15. No sign located within any floodplain shall exceed six square feet of area per side.

16. In the event that a symbol, trademark or other such figure is used as a signpost or standard which could be construed to indicate or identify a particular use or business, that symbol, trademark or figure is to be computed as part of the total allowable sign area.

17. Except in the case of billboards, as regulated by Chapter 19 of the City Code, only those signs referring directly to materials or products made, sold or displayed on the premises, to services offered on the premises, and/or to activities conducted on the premises, shall be permitted. Where there is more than one business located on the premises, the maximum sign area permitted is 200 square feet per premises, not per business, but in any ratio.

18. Except in the case of billboards, all signs must relate to a use or activity that is located and/or conducted within the City of Saint Marys.

19. Specific standards for various types of signs, as described in the diagram below, are set forth in Attachment 2 in the City Code.

20. All signs requiring the obtainment of a permit (as listed in the preceding tables) shall be required to submit building permit applications that include scaled plans or diagrams showing the following:

A. Exact dimensions of the lot, including any right-of-way lines or building upon which the sign is proposed to be erected.

B. Exact size, dimensions and location of the said sign on the lot or building, together with its type, construction, materials to be used, and the manner of installation.

C. Any other lawful information which may be required of the applicant by the Zoning Officer.

D. Application for a permit shall be made in writing to the Zoning Officer and shall contain all information necessary for such Officer to determine whether the proposed sign or the proposed alterations conform to all the requirements of this chapter.

E. No sign permit shall be issued except in conformity with the regulations of this chapter, except upon order of the Zoning Hearing Board, granted pursuant to the procedures established for the issuance of a variance.

[1] Editor's Note: This ordinance repealed former § 315, Outdoor Signs, adopted by Ord. 227, 12/18/2006; as amended by Ord. 261, 10/18/2010, §§ 2, 3; by Ord. 279, 1/21/2013; and by Ord. No. 314, 11/18/2019.

§ 316 Roadway Classifications.

[Ord. 227, 12/18/2006]

For the purposes of this chapter, the City's roads shall be classified in the following categories:

Arterial Roads	Collector Roads	Local Roads
Bucktail Road (PA Route 120)	Taft Road (SR 1002)	All roads not listed as arterials or collectors
State Street (PA Route 120)	Windfall Road (SR 1003)
South Saint Marys Street (PA Route 255)	Wilson Road
Johnsonburg Road (PA Route 255)	West Creek Road (SR 1008)
	Washington Road (SR 1008)
	Theresa Street (SR 1005)
	West Theresa Road
	South Michael Street (SR 2008)
	Averyville Road
	Lemans Road
	Vine Road

§ 317 Zoning Requirements for Use of On-Lot Sewage Disposal Systems.

[Ord. 227, 12/18/2006]

1. Except for those nonconforming lots described in § 507 of this chapter and as noted below in § 317, Subsection 5, of this chapter, as of the effective date of this chapter, all future uses that rely upon on-lot sewage disposal systems shall be required to specifically test for and secure one disposal site (field, bed, or trench) and replacement area. Both disposal sites shall be approved by the Sewage Enforcement Officer. Furthermore, the alternate disposal site shall be perpetually protected from excavation, construction, and other activities that would result in disturbance of the soil's ability to renovate sewage effluent, until such time as the alternate field is activated due to malfunction of the initial disposal site.

2. Regardless of any maximum lot area requirements listed elsewhere in this chapter, the minimum required lot size may be increased to ensure an acceptable level of nitrate-nitrogen in the adjoining groundwaters. Such determinations will be made by the PA DEP, through its sewer module review process. In those cases where applicable maximum lot area requirements are exceeded to protect groundwater quality, the applicant shall furnish evidence that the amount of land needed to protect local groundwater is the minimum necessary for such protection.

3. Every use relying upon on-lot sewage disposal systems shall be required to properly maintain and repair such systems in accordance with the City's on-lot disposal system management program.

4. Every use relying upon an on-lot sewage disposal system shall be required to comply with the Pennsylvania Sewage Facilities Act, Act 537, as may be amended.[1]

[1] Editor's Note: See 35 P.S. § 750.1 et seq.

5. In those areas that have been officially identified by the City as future public sewer service areas, anyone who develops a parcel for residential purposes prior to the actual installation and connection of public sewers will be required to employ utility infill design as regulated in § 201 of this chapter. Furthermore, any parcel improved shall also require the installation of capped sewer lines along the property frontage(s) in accordance with the City's prevailing design standards prior to the issuance of a certificate of use and occupancy.

§ 318 Operations and Performance Standards.

[Ord. 227, 12/18/2006]

All uses proposed within City of Saint Marys shall operate in compliance with applicable state and federal regulations, as they are periodically amended. The following lists City-devised standards and known governmental regulations associated with various land use impacts or specific requirements imposed by this chapter. This list in no way excludes or limits federal or state jurisdiction over uses within the City.

A. Noise.

(1) Except for agricultural, horticultural and forestry-related uses, no use shall regularly generate exterior noise levels in excess of those listed in the following table:

	Measurement Taken Along An Adjoining Property that is Within the Following Districts	Time Period	Maximum Permitted Noise Level
	RC, RS, RU, RF and MI	7:00 a.m. to 10:00 p.m.	50 dBA
	RC, RS, RU, RF and MI	10:00 p.m. to 7:00 a.m.	45 dBA
	CB and HC	7:00 a.m. to 10:00 p.m.	60 dBA
	CB and HC	10:00 p.m. to 7:00 a.m.	55 dBA
	LI and I	Anytime	70 dBA

(2) Should the ambient noise level at any location exceed the above standards, that ambient noise level shall become the maximum permitted noise level at that location. The maximum permitted noise level shall be applied to regularly occurring uses and activities; short-term temporary noises and infrequent instantaneous noises may be permitted at noise levels 20 dBA higher than the above-described standards, but only between 7:00 a.m. and 10:00 p.m.

B. Glare and light.

(1) All on-site lighting shall be provided within the following ranges for periods when the use is in operation and shall be, except as noted in § 318B(2), otherwise extinguished between the hours of 10:00 p.m. and 6:00 a.m.:

	On-Site Area	Range of Required Illumination footcandles
	Roadside sidewalks and bikeways (without stairways and/or tunnels)	0.2 to 0.9
	Freestanding sidewalks, paths and bikeways (without stairways and/or tunnels)	0.5 to 0.8
	Sidewalk, path and bikeway stairways and/or tunnels	20 to 50
	Playgrounds, parks and athletic courts/fields where on-site lighting is required	5.0 to 30
	Off-street loading areas	2.0 to 20
	Off-street parking areas	0.5 to 2.0
	Building facades, monuments, fountains, signs, architectural features, and similar objects	0 to 15
	Building entries for public, quasi-public, commercial, and industrial uses	1.0 to 5.0

(2) In all zones, exterior lighting of a building and/or grounds for security surveillance purposes is permitted. Such lighting shall be arranged and of sufficient illumination to enable the detection of suspicious movement rather than the recognition of definitive detail. For security lighting of grounds and parking lots, the level of illumination shall not exceed one footcandle. Security lighting for buildings/structures shall be directed toward the face of the building/structure, rather than the area around it, and shall not exceed five footcandles.

(3) In all zones, all exterior lighting provided in conjunction with any nonresidential or nonfarm use shall be hooded and/or screened so as not to permit the source of illumination nor lenses to be seen from off of the premises.

(4) Adequate lighting shall be provided in parking lots and loading areas that will be used at night. The primary lighting sources shall be pole-mounted fixtures, not building-mounted fixtures. The maximum height of lighting standards shall not exceed the maximum permitted height of principal buildings or 20 feet, whichever is less.

C. Air pollution, airborne emissions and odor: Rules and Regulations of the Pennsylvania Department of Environmental Protection.

D. Water pollution: the Clean Streams Law, June 22, 1937, P.L. 1987, 35 P.S. § 691.1, as amended.

E. Workplace safety: the General Safety Law, No. 174, P.L. 654, and Regulations of the Pennsylvania Department of Labor and Industry.

F. Handicap access: the latest version of the Americans With Disabilities Act.

§ 319 Common Open Space Requirements.

[Ord. 227, 12/18/2006]

In those instances where open space is required elsewhere in this chapter, or when an applicant proposes the use of open space, such open space shall comply with the following:

A. Required common open space shall be designed and arranged to achieve at least one of the following objectives, and the applicant shall demonstrate those specific measures employed to achieve these objectives:

(1) Protection of important natural resources (e.g., streams, ponds, wetlands, steep slopes, woodlands, unique geologic features, wildlife habitats, aquifer recharge areas, etc.).

(2) Protection of important historical and/or archaeological sites.

(3) Provision of usable play and recreation areas that are conveniently accessible to residents within the development and the City.

(4) Integration of greenbelts throughout the development that link residences with on-site or adjoining parks, schools, or other similar features.

B. An essential element of the use of common open space is a written description and plan for the disposition of ownership of common open space land, designating those areas to be offered for dedication or to be owned by the specific form of organization proposed. The permanent preservation of common open space shall be accomplished through one of the following:

(1) An offer of dedication to the City. The City shall not be obligated to accept dedication of the common open space.

(2) With permission of the City, and with appropriate deed restrictions in favor of the City and in language acceptable to the City Solicitor, the developer may transfer ownership of the common open space or a portion thereof to a private, nonprofit organization among whose purposes is the preservation of common open space land and/or natural resources. The organization shall be a bona fide conservation organization with a perpetual existence, the conveyance must contain appropriate provision for reverter or retransfer if the organization is unable to maintain the land, and the organization must enter into a maintenance agreement with the City.

(3) The developer shall provide for and establish an organization for the ownership and maintenance of the common open space, which shall be generally consistent with the requirements for unit owners' associations found in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. If such an organization is created, the agreements of sale and deeds for all lots shall contain the following requirements, in language acceptable to the City Solicitor:

(a) Such organization shall not dispose of the common open space by sale or otherwise, except to the City, unless the City has given prior written approval. Such transfer shall be made only to another organization which shall maintain the common open space in accordance with this chapter.

(b) The organization and all lot owners shall enter into a maintenance agreement with the City and shall agree to be bound by the provisions of Article VII of the Pennsylvania Municipalities Planning Code[1] relating to the maintenance of deteriorating common open space by municipalities.

[1] Editor's Note: See 53 P.S. § 10701 et seq.

(c) The City may require the establishment of a reserve fund to provide for maintenance of or capital improvements to the common open space.

(d) The common open space shall be restricted in perpetuity from development and subdivision

§ 320 Required Traffic Impact Reports.

[Ord. 227, 12/18/2006]

1. Applicability. For those uses requiring a traffic study, the following requirements are applicable.

2. Traffic impact study.

A. Area of traffic impact study. The traffic impact study area shall be based on the characteristics of the surrounding area. The intersections to be included in the study shall be adjacent to the site or have direct impact upon the access to the site. The intersections shall be mutually agreed upon by the municipalities in which the proposed project is located and the traffic engineer preparing the study. The County Planning Commission shall be called upon to resolve any disputes between the municipality and the engineer.

B. Preparation by transportation engineer required. Traffic impact studies shall be prepared under the supervision of qualified and experienced transportation engineers with specific training in traffic and transportation engineering and at least two years of experience related to preparing traffic studies for existing or proposed developments.

C. Horizon year. The traffic forecasts shall be prepared for the anticipated opening year of the development, assuming full build-out and occupancy. This year shall be referred to as the "horizon year" in the remainder of this section.

D. Non-site traffic estimates. Estimates of non-site traffic shall be made and will consist of through traffic and traffic generated by all other developments within the study area for which preliminary or final plans have been approved. Non-site traffic may be estimated using any one of the following three methods: build-up technique, area transportation plan data or modeled volumes, and trends or growth rates.

E. Trip generation rates required. The traffic impact study report shall include a table showing the categories and quantities of land uses, with the corresponding trip generation rates or equations (with justification for selection of one or the other) and resulting number of trips. The trip generation rates used must be either from the latest edition of Trip Generation by the American Institute of Traffic Engineers (ITE) or from a local study of corresponding land uses and quantities. All sources must be referenced in the study.

F. Consideration of pass-by trips. If pass-by trips or shared trips are a major consideration for the land use in question, studies and interviews at similar land uses must be conducted or referenced.

G. Rate sums. Any significant difference between the sums of single-use rates and proposed mix-use estimates must be justified in the study report.

H. Explanations required. The reasoning and data used in developing a trip generation rate for special/unusual generators must be justified and explained in the report.

I. Definition of influence area.

(1) Prior to trip distribution of site-generated trips, an influence area must be defined which contains 80% or more of the trip ends that will be attracted to the development. A market study can be used to establish the limits of an influence area, if available. If no market study is available, an influence area should be estimated based on a reasonable documented estimate. The influence area can also be based on a reasonable maximum convenient travel time to the site or delineating area boundaries based on locations of competing developments.

(2) Other methods, such as using trip data from an existing development with similar characteristics or using an existing origin-destination survey of trips within the area, can be used in place of the influence area to delineate the boundaries of the impact.

J. Estimates of trip distribution required.

(1) Trip distribution can be estimated using any one of the following three methods:

(a) Analogy.

(b) Trip distribution model.

(c) Surrogate data.

(2) Whichever method is used, trip distribution must be estimated and analyzed for the horizon year. A multi-use development may require more than one distribution and coinciding assignment for each phase (for example, residential and retail phases on the same site). Consideration must also be given to whether inbound and outbound trips will have similar distributions.

K. Trip assignments.

(1) Assignments must be made considering logical routings, available roadway capacities, left turns at critical intersections, and projected (and perceived) minimum travel times. In addition, multiple paths should often be assigned between origins and destinations to achieve realistic estimates rather than assigning all of the trips to the route with the shortest travel time. The assignments must be carried through the external site access points and in large projects (those producing 500 or more additional peak direction trips to or from the site during the development's peak hour) through the internal roadways. When the site has more than one access driveway, logical routing and possibly multiple paths should be used to obtain realistic driveway volumes. The assignment should reflect conditions at the time of the analysis. Assignments can be accomplished either manually or with applicable computer models.

(2) If a thorough analysis is required to account for pass-by trips, the following procedure should be used:

(a) Determine the percentage of pass-by trips in the total trips generated.

(b) Estimate a trip distribution for the pass-by trips.

(c) Perform two separate trip assignments, based on the new and pass-by trip distributions.

(d) Combine the pass-by and new trip assignment.

(3) Upon completion of the initial site traffic assignment, the results should be reviewed to see if the volumes appear logical given characteristics of the road system and trip distribution. Adjustments should be made if the initial results do not appear to be logical or reasonable.

L. Total traffic impacts. Traffic estimates for any site with current traffic activity must reflect not only new traffic associated with the site's redevelopment but also the trips subtracted from the traffic stream because of the removal of a land use. The traffic impact report should clearly depict the traffic estimate and its components.

M. Capacity analysis.

(1) Capacity analysis must be performed at each of the major street and project site access intersection locations (signalized and unsignalized) within the study area. In addition, analyses must be completed for roadway segments deemed sensitive to site traffic within the study area. These may include such segments as weaving sections, ramps, internal site roadways, parking facility access points, and reservoirs for vehicles queuing off site and on site. Other locations may be deemed appropriate depending on the situation.

(2) The recommended level-of-service analysis procedures detailed in the most recent edition of the Highway Capacity Manual must be followed. The City of Saint Marys considers the overall level-of-service ratings A, B, C, and D to be acceptable for signalized intersections (level C or better is considered desirable); level-of-service E or F is considered to be unacceptable.

(3) The operational analyses in the Highway Capacity Manual should be used for analyzing existing conditions, traffic impacts, access requirements, or other future conditions for which traffic, geometric, and control parameters can be established.

N. Required levels of service. The recommendations of the traffic impact study shall provide safe and efficient movement of traffic to and from, and within and past, the proposed development, while minimizing the impact to non-site trips. The current levels of service must be maintained if they are C or D, not allowed to deteriorate to worse than C if they are currently A or B, and improved to D if they are E or F.

O. Documentation required. A traffic impact study report shall be prepared to document the purpose, procedures, findings, conclusions, and recommendations of the study.

(1) The documentation for a traffic impact study shall include, at a minimum:

(a) Study purpose and objectives.

(b) Description of the site and study area.

(c) Existing conditions in the area of the development.

(d) Recorded or approved nearby development.

(e) Trip generation, trip distribution, and modal split.

(f) Projected future traffic volumes.

(g) An assessment of the change in roadway operating conditions resulting from the development traffic.

(h) Recommendations for site access and transportation improvements needed to maintain traffic flow to, from, within, and past the site at an acceptable and safe level of service.

(2) The analysis shall be presented in a straightforward and logical sequence. It shall lead the reader step-by-step through the various stages of the process and resulting conclusions and recommendations.

(3) The recommendations shall specify the time period within which the improvements should be made (particularly if the improvements are associated with various phases of the development construction) and any monitoring of operating conditions and improvements that may be required.

(4) Data shall be presented in tables, graphs, maps, and diagrams wherever possible for clarity and ease of review.

(5) To facilitate examination by the City Planning Commission and Council, an executive summary of one or two pages shall be provided, concisely summarizing the purpose, conclusions and recommendations.

(6) The report documentation outlined above provides a framework for site traffic access/impact reports. Some studies will be easily documented using this outline. However, the specific issues to be addressed, local study requirements, and the study results may warrant additional sections.

3. Improvements.

A. Responsibility for improvements. The applicant shall be responsible for the improvements required to provide safe and convenient ingress and egress to the development site.

B. Coordination with municipal requirements. The applicant shall be responsible for other improvements as may be agreed to with the City Council, to be installed or paid for by the applicant, consistent with provisions of Article V-A of the Act.

§ 321 Required Nutrient Management Plans.

[Ord. 227, 12/18/2006]

All agricultural uses shall comply with the Pennsylvania Nutrient Management Act of 1993, as may be amended.[1]

[1] Editor's Note: See 3 P.S. § 1701 et seq.

§ 322 Flag Lots.

[Ord. 227, 12/18/2006]

1. Within any zone, the use of flag lots is permitted for public uses and public utilities; and within the RC and RS Zones, the use of residential flag lots is permitted only when it will enable the preservation of some important natural or cultural feature (including productive farmland) which would otherwise be disturbed by conventional lotting techniques.

A. For the purposes of this section, a flag lot shall be described as containing two parts:

(1) The "flag" shall include that portion of the lot that is the location of the principal and accessory buildings.

(2) The "pole" shall be considered that portion of the site that is used for vehicular access between the site and its adjoining road.

B. Requirements for the flag.

(1) The minimum lot area and lot width requirements of this chapter shall be measured exclusively upon the flag.

(2) For purposes of determining required yards and setbacks, the following shall apply:

(a) Front yard: the area between the principal structure and that lot line of the flag which is most parallel to the street providing vehicular access to the site. Additionally, all areas of the pole shall be considered to be within the front yard.

(b) Rear yard: the area between the principal structure and that lot line of the flag that is directly opposite the front yard, as described above.

(c) Side yards: the area between the principal structure and that one outermost lot line which forms the flag and pole, plus the area on the opposite side of the principal structure. (See the preceding Flag Lot Diagram for a graphic depiction of the yard locations.)

C. The flag lot shall contain adequate driveway dimension for vehicular backup so that ingress to and egress from the lot is in the forward direction.

D. Requirements for the pole.

(1) The pole shall maintain a minimum width of 28 feet.

(2) The pole shall not exceed 600 feet in length, unless additional length is needed to avoid the disturbance of productive farmlands or some other significant natural or cultural feature.

(3) No part of the pole shall be used for any portion of an on-lot sewage disposal system nor any other improvement except a driveway and other permitted improvements, such as landscaping, fencing, utility connections to off-site facilities, mailboxes and signs.

(4) The cartway contained on the pole shall be located at least six feet from any adjoining property line and 20 feet from any existing structures on the site or any adjoining property.

(5) No pole shall be located within 200 feet of another on the same side of the street, unless an adjoining pole utilizes a joint-use driveway, regulated as follows.

2. Joint-use driveways.

A. When one or more flag lots are proposed, such lots may rely upon a joint-use driveway for vehicular access.

B. A joint-use driveway must serve at least one flag lot but may also serve conventional lots, up to a maximum of four total lots.

C. All joint-use driveways shall have a minimum cartway width of 16 feet.

D. Cross-access easements shall be required to ensure common use of, access to, and maintenance of joint-use driveways; such easements shall be recorded in language acceptable to the City Solicitor and depicted on the subdivision plan.

E. The joint-use driveway will require a 911 address and a private road sign with a name approved by the City.

§ 323 Litter.

[Ord. 227, 12/18/2006]

1. No property shall be developed, used or maintained in a state that creates litter, either on the property or upon any adjoining properties and/or roads.

2. Any property containing litter on the effective date of this chapter shall be considered nonconforming. Such litter may continue for a period not to exceed 30 days from the effective date of this chapter. After the thirty-day period, such litter shall be removed by the owner.

3. Should any property or use be conducted or maintained in a condition that causes repeated litter complaints or violations, the owner shall be required, upon the instruction of the Zoning Officer, to prepare and implement a working plan for the cleanup of such litter as a condition of zoning compliance.

§ 324 Materials and Waste-Handling Requirements.

[Ord. 227, 12/18/2006]

1. All principal commercial, industrial, institutional, and health-care-related uses shall be required to provide detailed information regarding materials and waste-handling, including:

A. Listing of all materials to be used and/or produced on the site.

B. Listing of all wastes generated on the site.

C. Written evidence that the storage, treatment, processing, transfer, and disposal of all materials and wastes shall be accomplished in a manner that complies with all applicable federal, state, county, and City requirements, including but not limited to the following:

(1) The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101).[1]

[1] Editor's Note: See 53 P.S. § 4000.101 et seq.

(2) The Pennsylvania Solid Waste Management Act (Act 97).[2]

[2] Editor's Note: See 35 P.S. § 6018.101 et seq.

(3) The Federal Emergency Management Act.

(4) The Federal Superfund Amendment and Reauthorization Act.

(5) The Pennsylvania Hazardous Materials Emergency Planning and Response Act.

(6) The Pennsylvania Low-Level Radioactive Waste Disposal Act.[3]

[3] Editor's Note: See 35 P.S. § 7131.101 et seq.

§ 325 Commercial Outdoor Storage and Display Requirements.

[Ord. 227, 12/18/2006]

1. Shopping cart storage. For grocery stores, or other stores that offer the use of shopping carts for patrons, the outdoor storage and collection of shopping carts is permitted under the following conditions:

A. Shopping carts may be collected and stored immediately in front of the storefront (upon sidewalks or under a canopy) and/or in cart corrals within the parking lot.

B. In no case shall such designed shopping cart storage and collection areas be located upon any facilities used for vehicle circulation, parking spaces, and loading spaces, nor emergency vehicle access (e.g., fire lanes).

C. Such shopping cart storage and collection areas shall be situated so as to provide clear pedestrian access (sidewalk or other area) at least eight feet wide adjoining the storefront.

D. Signage for such shopping cart storage and collection areas shall be governed by those regulations pertaining to on-site informational signs, as regulated by § 315 of this chapter.

E. The applicant shall submit a working plan for the collection of shopping carts from the parking lot. Also, the applicant shall be required to depict intended shopping cart storage and collection areas upon any permits and/or plans required by the City. No additional permits shall be required unless such areas change location or size.

2. Seasonal sidewalk displays.

A. Only seasonal merchandise may be displayed, and they shall be limited to the calendar periods between April 1 and October 1, and November 25 and January 5, of each year.

B. The location of such outdoor displays shall be limited to sidewalks, under canopies, or other areas immediately in front of the building's storefront. The stacking and/or display of such items shall be arranged to provide clear pedestrian access (sidewalk or other area) at least three feet wide adjoining the storefront.

C. In no case shall the location of such sidewalk display areas occur within any area used for vehicular circulation, parking, and loading, nor emergency vehicle access (e.g., fire lanes).

D. In no case shall such sidewalk display area exceed 75% of the linear storefront dimension. (For example, a two-hundred-foot-long storefront could display no more than 150 linear feet of a sidewalk display).

E. No signage, except as authorized by § 315 of this chapter, shall be permitted.

F. The applicant shall submit a working plan to the City for the cleanup of litter and debris which may result from such outdoor display. Also, the applicant shall depict intended sidewalk display areas upon any permits and/or plans required by the City. No additional permits shall be required unless such area is to change location or size.

3. Special event sales.

A. In addition to the above, two special event sales shall be permitted per calendar year. Such special event sales shall be limited to no more than a total of 30 days per calendar year.

B. Special event sales displays shall be located no closer than 45 feet from an adjoining road nor 10 feet from any side or rear lot lines.

C. Special event sales may be located within the parking lot, provided that such location minimizes congestion within the parking lot and those access drives that provide direct vehicular access to adjoining roads. Within parking lots, such display areas shall be specifically delineated from the adjoining parking lot by the use of identifiable barriers (e.g., tents, canopies, temporary fences, or ropes). Additionally, location within the parking lot shall only be permitted upon parking spaces in excess of the number required by § 312, Subsection 19, of this chapter.

D. Special event sales shall only be operated between the hours of dawn to 9:00 p.m.

E. The area devoted to special event sales displays shall not exceed 20% of the gross leasable floor area of the use(s) conducting the special event sale.

F. All uses conducting a special event sale shall be responsible for the ongoing cleanup of litter and debris. Also, no exterior public-address nor lighting systems shall be used which produce impacts beyond the subject property.

G. Signage for special event sales shall comply with the applicable requirements contained within § 315 of this chapter.

§ 326 Forestry Uses.

[Ord. 227, 12/18/2006]

1. In accordance with state law, forestry uses (as defined herein) are permitted, by right, in every zone, subject to the following standards.

2. Logging plan requirements. Every landowner on whose land timber harvesting is to occur shall obtain a building permit, as required by this chapter. In addition to the building permit requirements listed in § 701 of this chapter, the applicant shall prepare and submit a written logging plan in the form specified below. No timber harvesting shall occur until a building permit has been issued. The provisions of the permit shall be followed throughout the operation. The logging plan shall be available at the harvest site at all times during the operation and shall be provided to the Zoning Officer upon request. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan and the building permit.

A. Minimum requirements. At a minimum, the logging plan shall include the following:

(1) Design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails, and landings.

(2) Design, construction and maintenance of water-control measures and structures, such as culverts, broad-based dips, filter strips, and water bars.

(3) Design, construction and maintenance of stream and wetland crossings.

(4) The general location of the proposed operation in relation to City and state highways, including any accesses to those highways.

B. Map. Each logging plan shall include a sketch map or drawing containing the following information:

(1) Site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property.

(2) Significant topographic features related to potential environmental problems.

(3) Location of all earth-disturbance activities, such as roads, landings and water-control measures and structures.

(4) Location of all crossings of waters of the Commonwealth.

(5) The general location of the proposed operation to municipal and state highways, including any accesses to those highways.

C. Compliance with state law. The logging plan shall address and comply with the requirements of all applicable state regulations, including but not limited to the following:

(1) Erosion and sedimentation control regulations contained in Title 25, Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1. et seq.).

(2) Stream crossing and wetlands protection regulations contained in Title 25, Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1. et seq.).

D. Relationship of state laws, regulations and permits to the logging plan. Any permits required by state laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of Title 25, Pennsylvania Code, Chapter 102, shall also satisfy the requirements for the logging plan and associated map specified in § 326, Subsection 2A and B, provided that all information required by these sections is included or attached.

3. Required forest practices. The following requirements shall apply to all timber harvesting operations:

A. Felling or skidding on or across any public road is prohibited without the express written consent of the City or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.

B. No treetops or slash shall be left within 25 feet of any public road, or private roadway providing access to adjoining residential property.

C. All treetops and slash between 25 feet and 50 feet from a public roadway, or private roadway providing access to adjoining residential property, or within 50 feet of adjoining residential property shall be lopped to a maximum height of four feet above the ground.

D. No treetops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof.

E. Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.

4. Responsibility for road maintenance and repair; road bonding. Pursuant to Title 75 of the Pennsylvania Consolidated Statutes, Chapter 49; and Title 67, Pennsylvania Code, Chapter 189, the landowner and the operator shall be responsible for repairing any damage to City roads caused by traffic associated with the timber harvesting operation, to the extent the damage is in excess of that caused by normal traffic, and shall be required to furnish a bond to guarantee the repair of such potential damages, as determined by the City Engineer.

§ 327 Co-Located Communication Antennas.

[Added by Ord. No. 314, 11/18/2019]

1. Communication antennas that are co-located upon existing structures (e.g., utility transmission towers or poles, observation towers, communication towers, silos, steeples, smokestacks, water towers, flagpoles, buildings and other similar structures) are a permitted use, provided that:

A. The applicant submits a copy of the written agreement with the landowner upon whose structure the antenna is to be located.

B. The applicant shall be required to demonstrate that it is licensed by the Federal Communications Commission to operate the proposed use.

C. The applicant shall demonstrate that the proposed use will comply with the applicable standards governing human exposure to electromagnetic radiation by the Federal Communications Commission.

D. The applicant shall demonstrate that the proposed use will comply with all regulations of the Federal Aviation Administration, Commonwealth Bureau of Aviation, and § 231 of this chapter.

E. The applicant shall furnish a sealed statement from a registered engineer that the construction methods or other measures used will prevent the toppling of any communication tower onto adjoining properties and/or roads and prevent the wind-borne scattering of ice onto adjoining properties and/or roads.

F. The communication antenna(s) do not exceed the maximum permitted height of principal buildings and structures in any zone.

G. Antennas attached to existing public utility transmission towers or poles are specifically permitted in every zone by right.

H. Co-located communications antennas shall be considered as an accessory use in all zoning districts.