Town of McCandless, PA Supplemental Regulations

An accessory building must be located and constructed according to the accessory building form requirements specified for each zoning district under Article 1302 of this part.

Unless otherwise identified in this article, an accessory structure must be located and constructed according to the accessory building form requirements specified for each zoning district under Article 1302 of this part.

A single lot may have more than one accessory building or structure, provided that they meet the standards specified in this part.

Fire separation. An accessory building or structure must be at least three feet from the principal building.

§ 1304.120 Building site restrictions.

[Ord. No. 1540, 6-26-2023]

Nothing may be built, placed, or graded within or above an easement.

Nothing may be built, placed, or graded on a lot or portion of a lot known to be landslide prone or which has a slope over 25% unless a registered engineer has determined the safety and suitability of the proposal and evidence to that effect is included in the application.

§ 1304.130 Encroachments.

[Ord. No. 1540, 6-26-2023]

The following regulations are intended to assist applicants and business owners in establishing attractive and safe encroachments that benefit both the business community and the citizens that enjoy those public spaces:

General requirements.

The Town's goal is to maintain the highest standards of accessibility and safety while achieving an attractive and functional design within its mixed-use and commercial areas.

In general, encroachments shall complement public use and improvements. In no case shall encroachments exclude the public from any public sidewalk or street.

Allowed encroachments shall comply with all requirements of this part.

A revocable license agreement or right-of-way encroachment agreement shall be executed with the Town, in a form acceptable to the Town Attorney, before any proposed encroachment is permitted. The owner of any property seeking to create an encroachment under this subsection shall be party to the agreement. In cases where a tenant is seeking an encroachment, both the tenant and property owner shall participate in the agreement.

This subsection applies to any and all uses of land, structures, or buildings, including existing uses, structures, or buildings.

Location and dimensional requirements.

Encroachments must maintain a clear path of no less than five feet. The Zoning Officer may permit paths of travel of less than five feet in instances where safe access can be determined.

Encroachments shall not block safe access to businesses, parking spaces, bike stalls, or other spaces required by local, state, or federal building or safety codes.

Encroachments are not permitted within 15 feet of corners of sidewalks or where crosswalks are present measured from the center of the corner or crosswalk. In the case of a corner with a crosswalk, the 15 feet is measured from the center of the crosswalk.

Tables shall not exceed 42 inches in width at the greatest dimension.

Chairs must not extend into the required accessible minimum walkway width of five feet at any time. Chairs must be at a scale appropriate to the size of the table or space available for seating.

Portable outdoor heating devices and permanently mounted heating devices shall be reviewed by the Fire Marshal for safety and require either a certificate of use or zoning permit as applicable.

Encroachments shall not intrude onto other private properties.

Maintenance and operational requirements.

Maintenance of encroachments shall be the sole responsibility of the owner of the property permitted within the encroachment.

Any item permitted to be placed in the public right-of-way shall be maintained in a safe manner so as not to obstruct pedestrian access to public sidewalks, access ramps or doorways. Movable items, such as chairs, shall always be positioned to prevent obstruction of access routes. The permitted item shall always be relocated to the appropriate location if moved by patrons.

All materials shall be well-maintained without stains, rust, tears, or discoloration. Materials that show signs of significant wear, damage, or age shall be replaced.

All encroachments shall be constructed of durable fade-resistant materials.

Outdoor displays. Outdoor displays shall be limited to items or goods sold in the store and must comply with all other standards specified herein.

(5)

Umbrellas. Umbrellas shall be installed and maintained to provide pedestrian clearance by maintaining seven feet of clearance from the sidewalk to the lowest edge of the umbrella. Umbrellas shall not exceed a maximum height of nine feet from the base to the top portion of the pole.

(6)

Planters and landscaping.

Planters must not obstruct the required accessible minimum walkway width of five feet at any time.

Plant material shall always be maintained in a viable condition.

Debris or litter caused by planters or nearby landscaping shall be maintained or cleaned by the responsible business or property owner. Debris, stains, or litter shall be cleaned or removed by the responsible business or property owner.

(7)

Other encroachment types. Other types of encroachments, not anticipated by this part, may be considered and permitted by the Town, but must comply with the purpose and intent of these requirements.

§ 1304.140 Fences and walls.

[Ord. No. 1540, 6-26-2023]

General requirements.

A zoning permit shall be obtained for the erection of all fences and walls. Normal maintenance of fences and walls or the replacement of like materials in fences are exempt from the permit requirement. Structural improvements or repairs to walls are required to obtain the appropriate permit(s).

No fence or wall shall obstruct the flow of stormwater, except as part of a Town-approved stormwater system.

Fences and walls shall not be permitted within any right-of-way, drainage or stormwater management easement, clear sight triangle, railroad visibility area, or the 100-year floodplain of any lake, watercourse, or wetland.

Fences and walls may be installed along and up to a lot line but must remain within the lot limits.

Height restrictions.

A fence or wall in the front lot segment must not exceed three feet in height and must be a maximum of 20% opacity.

A fence or wall in the mid or rear lot segment must not exceed six feet in height and may be 100% opaque.

On corner lots, a fence or wall must not obstruct any clear sight triangle, as defined in McCandless's Subdivision and Land Development Ordinance (Part 11 of the Town Municipal Code).

Retaining walls that are required to support changes in site grades must not exceed 10 feet in height.

Terracing of walls is permitted, provided that the separation between walls is at least twice the height of the lower wall. Any proposal for a smaller separation must include a structural engineer report that shows how the proposal will be safely designed and installed.

Any safety fencing or railings required as part of the retaining wall must not exceed six feet in height calculated separately from the height of the retaining wall.

Maintenance and materials.

Any fence or wall shall be durably constructed and well-maintained. Privacy fences shall be constructed so that the finished side of the fence faces toward abutting properties and rights-of-way unless the fence is not visible from adjoining property. Fences and walls that have deteriorated shall be replaced or removed.

All fences shall be constructed of materials normally manufactured for, used as, and recognized as, fencing materials such as: wrought iron or other decorative metals suitable for the construction of fences, fired masonry, concrete, stone, chain link, metal tubing, wood planks, and vinyl or fiberglass composite manufactured specifically as fencing materials. Fence materials shall be materials approved for exterior use that are weather- and decay-resistant.

A fence shall not be constructed out of rope; string; fabric; Junk; appliances; tanks; barrels; wire products, including, but not limited to, chicken wire, hog wire, wire fabric, and similar welded or woven wire fabrics; chain; netting; cut or broken glass; paper; corrugated metal panels; galvanized sheet metal; plywood; fiberglass panels; or any other materials that are not manufactured specifically as residential fencing materials.

No landowner shall construct a fence of damaged or unsafe materials.

(5)

Razor wire, barbed wire, and electric fences, except for in-ground pet fencing, are prohibited in all zoning districts.

§ 1304.150 Flagpoles.

[Ord. No. 1540, 6-26-2023]

In residential zoning districts, flagpoles must not exceed 25 feet in height.

In all other zoning districts, flagpoles must not exceed 40 feet in height.

§ 1304.160 Floodplain.

[Ord. No. 1540, 6-26-2023]

All development must meet the requirements of Article 912, Floodplain Construction and Development Requirements.

§ 1304.170 Loading.

[Ord. No. 1540, 6-26-2023]

Off-street loading must be provided for all new buildings, additions to buildings, expansions of use, and changes in use according to the requirements specified in the Town Subdivision and Land Development Ordinance (Part 11 of the Town Municipal Code).

§ 1304.180 Parking, automobiles.

[Ord. No. 1540, 6-26-2023]

Applicability.

New development. The parking standards of this article apply to any new building constructed and to any new use established according to the regulations of this article.

Expansions and alterations. The parking standards of this article apply when an existing structure or use is expanded or enlarged. Additional off-street parking is required only to serve the enlarged or expanded area, not the entire building or use.

Change of use. Off-street parking must be provided for any change of use that would result in a requirement for more parking than the existing or most recent use. Additional parking spaces are required only in proportion to the extent of the change, not for the entire building or use.

General requirements.

Off-street parking spaces, open or enclosed, are a permitted accessory use subject to the following provisions:

The parking design and engineering requirements specified in the Town Subdivision and Land Development Ordinance (Part 11 of the Town Municipal Code) shall apply.

No part of any required front, side, or rear setback shall be used for off-street parking requirements except as specified in the parking placement regulations specified for each zoning district under Article 1302 of this part.

A garage or carport may be located wholly or partly inside the walls of the principal building or attached to the outer walls.

An underground integral garage is permitted provided that no portion of the garage extends closer the front lot line than the front elevation of the principal building. (Figure 1304.A illustrates a permittable underground integral garage and Figure 1304.B illustrates a nonpermittable underground intergral garage.)

Figure 1304.A

Figure 1304.B

The required off-street parking facilities shall be available to patrons throughout the hours of operation of the particular business or use for which such facilities are provided.

The terms "parking space" and "off-street parking" include covered garage space or uncovered parking space located off the right-of-way.

Residential off-street parking space shall consist of a parking lot, driveway, garage, or combination thereof and shall be located on the lot it is intended to serve.

Parking table. Table 1304.A identifies the off-street parking requirements for each of the principal uses specified in Article 1303 of this part.

Exceptions to automobile parking requirements.

Mixed-use developments are permitted to use shared parking when the uses in the development have different peak parking demands or different operating hours. The applicant must submit a shared parking plan that includes all the following information to be reviewed by the Town's Traffic Engineer:

The size and type of the proposed development.

The composition of the tenants.

The anticipated rate of parking turnover.

The anticipated peak parking and traffic loads.

The number of proposed parking spaces to accommodate the peak parking needs of all uses.

All uses in the Town Center (TC) Zoning District are permitted to take a 10% parking reduction from the minimum parking requirements in Table 1304.A.

All nonresidential uses in the Neighborhood Center (M-N) Zoning District are permitted to take a 10% parking reduction from the minimum parking requirements in Table 1304.A.

A reduction of up to 10% of the off-street automobile parking spaces required in Table 1304.A is permitted for lots within 300 feet of a bicycle trail or officially marked bicycle route provided the following conditions are met:

Each automobile parking space reduced is provided as a bicycle parking space instead.

If the calculation of the maximum number of reduced parking spaces results in a fraction, a bicycle parking space is provided for the fraction.

No fee is required to use the bicycle parking and it is accessible to the public.

This provision does not apply to the following uses:

Dwelling, single-family detached.

Dwelling, single-family semiattached.

Dwelling, two-family.

Townhouse and multifamily dwellings.

Automobile fueling.

Automobile service or car wash.

Automobile sales and rental service.

Self-storage facility.

Self-storage facility, indoor, climate-controlled.

(5)

A reduction of up to two spaces of the off-street automobile parking spaces required in Table 1304.A is permitted, provided that two motorcycle parking spaces are provided for each automobile space. This provision does not apply to the following uses:

Dwelling, single-family detached.

Dwelling, single-family semiattached.

Dwelling, two-family.

Dwelling, townhouse.

Self-storage facility.

Self-storage facility, indoor, climate-controlled.

(6)

The automobile parking reduction provisions above [Subsections (d)(2) through (6)] may be applied cumulatively, provided that the total reduction from the minimum parking requirement of Table 1304.A is not reduced by more than 20%.

Table 1304.A Off-Street Parking Requirements
Uses	Minimum Parking Requirement (number of spaces)
Residential and Lodging Uses
Assisted living facility	Parking demand analysis
Bed-and-breakfast	2 plus 1 per sleeping room
Community residence	1 per 3 beds, plus 1 for every employee not living on the premises
Dwelling, single-family detached	2 per unit
Dwelling, single-family semiattached
Dwelling, two-family
Dwelling, townhouse
Dwelling, multifamily	1 per unit
Halfway house	1 per 3 beds, plus 1 for every employee not living on the premises
Hotel/apartment hotel	1 per sleeping room, plus 1 for every employee per shift
Motel	1 per sleeping room, plus 1 for every employee per shift
Short-term rental	1 per unit
Temporary shelter facility	1 per employee per shift
Civic and Institutional Uses
Assembly, neighborhood	Parking demand analysis
Assembly, general
Government facility
Higher education
Hospital
Hospital, small-format
Library/museum	1 per 400 square feet of gross floor area
Medical marijuana academic research center	1 per employee per shift
Police/fire/EMS	Parking demand analysis
School, (pre-K through high school)
Stadium/arena
Agriculture, Forestry, and Open Space Uses
Agriculture operation	1 per dwelling plus 1 per full-time worker
Community garden	1 per 2,000 square feet of land area
Forestry operation	Parking demand analysis
Intensive park uses	Parking demand analysis
Medical marijuana grower/processor	1 per employee per shift
Nature preserve	1 per 2,000 square feet of land area
Outdoor shooting range	1 per 2,000 square feet of land area
Park	Parking demand analysis
Retail Uses
Beer/wine/liquor sales	1 per 250 square feet of gross floor area
Commercial equipment and supply
Electronic cigarette/vaporizer store
Firearm establishment
Medical marijuana dispensary	1 per 250 square feet of gross floor area
Outdoor sales lot	1 per 200 square feet of display and storage
Retail, neighborhood	1 per 250 square feet of gross floor area
Retail, general	1 per 250 square feet of gross floor area
Service Uses
Adult day-care center	1 per employee per shift, plus 1 per 2 of the maximum number of adults served
Animal day care and training	1 per employee per shift, plus 1 per 500 square feet of gross floor area
Automobile fueling	1 per employee per shift, plus 1 per 300 square feet of customer-facing floor area
Automobile sales and rental service	1 per employee per shift, plus 1 per 300 square feet of customer-facing floor area
Automobile service/car wash	1 per employee per shift, plus 1 per vehicle provided drop-off service
Brew pub	Parking demand analysis
Cattery	1 per employee per shift, plus 1 per 500 square feet of gross floor area
Child day care	1 per employee per shift, plus 1 per 2 of the maximum number of children served
Drinking places	Parking demand analysis
Drive-through business	1 per employee per shift
Eating places	Parking demand analysis
Entertainment assembly	1 per each 3 seats
Kennel	1 per employee per shift, plus 1 per 500 square feet of gross floor area
Medical clinic	1 per 250 square feet of gross floor area
Microbrewery, microdistillery, microwinery	Parking demand analysis
Office uses	1 space per 300 square feet of office area
Pawn shop/check cashing establishment	1 per 250 square feet of gross floor area
Private club	1 per 250 square feet of gross floor area
Self-storage facility	Parking demand analysis
Self-storage facility, indoor climate-controlled	Parking demand analysis
Service, general	1 per 1,500 square feet of gross floor area
Service, neighborhood	1 per 250 square feet of gross floor area
Smoking places
Tattoo/piercing parlor
Adult Uses
Adult establishments	Parking demand analysis
Infrastructure Uses
Communications antenna, inside the public rights-of-way	N/A
Communications antenna, outside the public rights-of-way	N/A
Communications tower	1 per service vehicle
Parking as a principal use	N/A
Principal solar energy system	Parking demand analysis
Public utilities, large
Public utilities, small
Transportation facility
Industrial Uses
Brewery, distillery, winery	1 per employee per shift, plus 1 per 300 square feet of customer-facing floor area
Industrial, craftsman
Industry, heavy
Industry, light
Junkyards
Oil and gas development
Outdoor storage yard
Solid waste disposal facility
Warehouse/distribution
Yard waste composting facility

§ 1304.190 Parking, bicycle.

[Ord. No. 1540, 6-26-2023]

General requirements.

Bicycle parking spaces, open or enclosed, are a permitted accessory use subject to the following provisions:

All required bicycle parking spaces under this part must be located on the same lot as the principal use or in the right-of-way abutting the principal use.

Bicycle parking spaces as required by this article shall be provided for all new buildings, additions to buildings, expansions of use, and changes in use.

The bicycle parking requirements may be waived as a special exception provided the applicant demonstrates that there is no bicycle trail or officially marked bicycle route to the lot currently and the Town does not plan to install one within the next five years.

Bicycle parking table.

Table 1304.B identifies the bicycle parking requirements for the principal uses specified in Article 1303 of this part.

Any principal use found in Article 1303 that is not listed in Table 1304.B is exempt from the bicycle parking requirements. Exempt uses may still apply the bicycle parking reduction found in § 1304.180(d)(4) unless specifically prohibited under that subsection.

All uses are encouraged to provide more bicycle parking spaces than the minimum required in Table 1304.B, including exempt uses, to meet the demand of their users.

Table 1304.B Bicycle Parking Requirements
Uses	Minimum Bicycle Parking Requirement (number of spaces)
Residential and Lodging Uses
Community residence	1 per 10 beds or fraction thereof
Dwelling, multifamily	1 per 10 dwelling units or fraction thereof
Hotel/apartment hotel	1 per 20 employees
Motel	1 per 20 employees
Civic and Institutional Uses
Assembly, neighborhood	1 per 10,000 square feet of gross floor area or fraction thereof
Assembly, general
Government facility
Higher education
Hospital
Hospital, small-format
Library/museum
Medical marijuana academic research center
Police/fire/EMS
School (pre-K through high school)
Stadium/arena
Retail Uses
Beer/wine/liquor sales	1 per 10,000 square feet of gross floor area or fraction thereof
Commercial equipment and supply
Electronic cigarette/vaporizer store
Medical marijuana dispensary
Outdoor sales lot
Retail, neighborhood
Retail, general
Service Uses
Adult day-care center	1 per 10,000 square feet of gross floor area or fraction thereof
Animal day care and training
Automobile fueling
Automobile sales and rental service
Automobile service/car wash
Brew pub
Cattery
Child day care
Drinking places
Eating places
Entertainment assembly
Kennel
Medical clinic
Microbrewery, microdistillery, microwinery
Office uses
Pawn shop/check cashing establishment
Private club
Service, general
Service, neighborhood
Smoking places
Tattoo/piercing parlor
Infrastructure Uses
Parking as a principal use	1 per 20 automobile parking spaces or fraction thereof
Industrial Uses
Brewery, distillery, winery	1 per 20,000 square feet of gross floor area or fraction thereof
Industrial, craftsman
Industry, heavy
Industry, light
Warehouse/distribution

§ 1304.200 Porches, porticos, patios, and decks.

[Ord. No. 1540, 6-26-2023]

Roof additions. Where there is an existing front or rear patio or deck that extends into a setback area, the same may be covered by an awning or roof that may extend into the setback area to no greater extent than one foot beyond the existing patio or deck.

Replacement. Where an existing porch, portico, patio, or deck that protrudes into a setback area must be replaced or reconstructed for maintenance reasons or due to deterioration, the porch, portico, patio, or deck may be constructed at the same dimensions as the previous condition.

Porches and portico design.

Minimum depth. New front porches and porticos including the replacement of existing said structures must be a minimum of six feet in depth unless this creates a conflict with PCC requirements or if there is less than six feet between the front of the building and the front lot line. The minimum depth requirement ensures the porch structure allows for the placement of seating furniture plus sufficient room for passage.

Enclosures. Porches on the side or rear of the building may be semi-enclosed using weather-resistant mesh insect screening material. Full enclosures are considered a building addition and must meet the building form requirements specified for each zoning district under Article 1302 of this part.

§ 1304.210 Rooftop-mounted equipment and appurtenances.

[Ord. No. 1540, 6-26-2023]

For all nonresidential uses, mixed uses, and multifamily dwelling uses, all rooftop-mounted equipment and other similar appurtenances such as stairwells, air-conditioning units, large vents, heat pumps, and mechanical equipment shall, to the maximum extent feasible, be inconspicuously sited on the roof, screened via use of parapets, walls, fences, landscaping, or other approved screening, or integrated to be within the roof form, such that views from adjacent street rights-of-way (excluding alleys) are minimized. All architectural features to be used to screen rooftop equipment shall be designed to be architecturally compatible with the principal building (including design, materials, and colors).

§ 1304.220 Stormwater management.

[Ord. No. 1540, 6-26-2023]

All development must comply with the requirements of Article 913, Stormwater Management.

§ 1304.230 Swimming pools.

[Ord. No. 1540, 6-26-2023]

Unless the wall of the pool is at least four feet above the ground at all points, it shall be enclosed with a fence at least four feet and no greater than six feet in height or have a fence on top of the pool deck at least three feet and no greater than six feet in height. The fence shall be locked, and any access steps or ladders shall be removed or rendered inoperative when the pool is unattended.

A swimming pool shall not involve any commercial use if it is an accessory use to a principal residential use.

The design and construction of all swimming pools shall be in accordance with the PCC.

A swimming pool must comply with the accessory building setbacks.

§ 1304.240 Transportation Overlay District.

[Ord. No. 1540, 6-26-2023]

Purpose. The purpose of the Transportation Overlay District (TD-1) is to coordinate land use controls and transportation use controls to assure that improvements constructed in special assessment districts are not overburdened by development occurring within the special assessment district and to provide security for any public financing used for such improvements. The Transportation Overlay District does not permit or imply permission for any use not permitted in the underlying district(s) or any greater intensity of use not permitted in the underlying district(s).

Land use permits.

Within the TD-1 District:

No permit required by this Part 13, Planning and Zoning Code, by way of example and not limitation, for use, development or occupancy;

No PRD approval; or

No subdivision or land development approval shall be issued without strict conformance to the provisions of the TD-1 District Regulations.

Should any provisions of the TD-1 District conflict with a provision of the underlying district, that provision which restricts or limits development or use the most shall apply unless expressly indicated to the contrary herein.

Traffic report requirements.

Any application for a permit, PRD approval, land development approval or subdivision approval, shall be accompanied by a certified copy of a traffic report (report) prepared by a licensed, qualified traffic engineer which addresses the traffic impact of the development or change in use and which report contains no less than the following:

A trip generation analysis showing the average weekday vehicle trip ends (AWVTE) which shall be generated by the development, expansion or change in use.

Trip generation during the Saturday, evening weekday, and morning weekday peak hours.

The traffic impact of the development, expansion or change in use upon the streets within the TD-1 District in which the lot or property is located, including, without limitation, an analysis of the effect on road capacity and safety within the TD-1 District.

An analysis showing that the development or change in use is consistent with the facilities proposed in the Transportation Development District multiyear program or the Business Infrastructure Improvement District plan, or both, as appropriate (hereinafter jointly and severally "TPAD Program") whether built or planned, and the location of all rights of way required by the TPAD Program on the lot or property which are to be dedicated as part of the approval process.

The assessment formula in the Transportation Partnership Act District or Business Infrastructure Improvement District (hereinafter jointly or severally "TPAD") and the traffic capacity assigned to the lot or property.

An analysis of the remedial traffic work, if any, required in addition to that established under the TPAD Program to eliminate the adverse impact of the development, expansion or change in use.

An analysis showing that either:

Sufficient traffic capacity is assigned to the lot by the Town assessment formula to meet the demand created by the development, expansion or change in use; or

Sufficient traffic capacity is available either from treasury trips available from the Town or trips from other lots or property within the TPAD which, after transfer by the owner of that other lot or property, the Town determines shall not be required by any present or future development or change in use on the transferring lot or property and which as surplus can be transferred pursuant to the terms of the Town Manager's regulations.

All lot or property traffic impacts and the mitigation measures to abate such impacts.

A recommended program of Transportation System Management (TSM) or Transportation Demand Management (TDM) which shall mitigate off-site impacts.

Any other reasonable components required by the Town Manager's regulations.

Any other components required by any bond indenture or other financial instrument used by the Town for financing TPAD improvements.

The report shall use current ITE trip generation methodology in analyzing traffic impact. The form, methodology and conclusions shall be approved in writing by the Town.

Town Traffic Engineer report review. Upon receipt of a completed report, the Zoning Officer shall refer the report to the Town Manager for a determination of whether the report requires review by the Town Traffic Engineer. Should the report require such review, it shall be transmitted to the Town Traffic Engineer for review, comment, and written recommendations. The Zoning Officer shall take no action on any permit application until the written recommendations of the Town Traffic Engineer or the Town Manager's recommendation, if no Town Traffic Engineer review is required. Failure of the Town Traffic Engineer or Manager to respond within 30 days of referral shall be deemed acceptance of the report; provided, however, such deemed acceptance shall not indicate any acceptance of a proposal therein to modify the TPAD Program. Nothing in this section shall restrict any other advisory board or commission from reviewing any application for development and making recommendations thereon to Council during the review period set forth in this section.

(e)

Waiver of report requirement. The Zoning Officer may waive in writing the report requirements only for the following:

The construction of a single-family dwelling on a preexisting lot.

A two-lot subdivision involving residential property or adjusting lot lines where such adjustment is not for the purpose of development, provided however, nothing herein shall permit the construction of multifamily dwelling without a report.

An expansion of an existing use on the same lot by the lesser of:

Five percent, provided that all previous expansions from the date of this article to wit: May 26, 1992, shall be aggregated with the proposed expansion; or

Ten thousand square feet and provided further in either case that the applicant demonstrates to the Zoning Officer that all rights-of-way required by the TPAD Program on the lot have been dedicated for public use.

The applicant demonstrates through an analysis by a qualified traffic engineer that the change in use to another use is substantially similar to the existing use in both traffic trip generation characteristics and safety characteristics; or is both less intense and safer, provided further that the applicant demonstrates to the Zoning Officer that all rights-of-way required by the TPAD Program on the lot have been dedicated for public use.

(f)

On-site transportation improvement program.

If not provided for in the TPAD Program, the applicant shall provide a schedule for constructing all TPAD Program facilities located on the property or lot as part of the development or change in use to the extent the demand for the same is the result of such proposed development or change in use. If the cost of such construction exceeds the cost associated with normal development on the lot or property the Town may defer the construction of a portion of the improvements to reduce such cost, provided, however, all structures or improvements on the lot or property shall be located in such a fashion as to not foreclose future completion of the TPAD Program facilities.

If the Town Traffic Engineer determines that the facilities required by the TPAD Program cannot be immediately constructed, the Town may accept, in lieu of dedication, a legally binding offer to dedicate the same in the future in a form approved by the Town Solicitor. Such agreement shall be in recordable form.

Facilities required under this section shall be bonded in accordance with the provisions of Part 11.

(g)

Limitation on development. Notwithstanding the fact that the development, expansion or change in use would be permitted in the underlying zoning district, no development, expansion, change in use within a TD-1 District shall be permitted which would increase the trips generated by development, expansion or use on the lot or property by more than the trips presently assigned. The trips assigned to a lot or property may be increased by an approved transfer, see § 1304.240(c)(7), if done in strict conformance with the Manager's regulations, see § 1304.240(i). The trips assigned to the lot or property shall be that capacity used by the Town in the TPAD District and shall be the trips assigned to the lot or property under the TPAD assessment formula. Where treasury trips are released from the Town's reserve or other trips are transferred from one lot or property to another pursuant to the Manager's regulations, no permit required pursuant to this article shall be issued until the Town Fiscal Officer notifies the Zoning Officer that all fees or charges for such transfers or release are paid, provided, however, in the case of land development or subdivision approval, such fees may be paid at the time building permits are issued but payment of such fees shall be secured in the same manner and at the same time financial security is posted pursuant to Part 11 Subdivision and Land Development Ordinance as now or hereafter amended or reenacted.

(h)

Required off-site improvements, TSM or TDM.

Where the TPAD Program indicates or the Town Traffic Engineer determines that an off-site adverse impact shall be caused by the development, expansion or change in use which is not to be remedied by the TPAD Program facilities, the following shall occur:

Where both the Town Traffic Engineer determines that the appropriate TPAD Program should be amended to remedy all adverse impacts, and the TPAD Program is legally and finally amended by the Town, the applicant shall be deemed to have complied with the terms of this section; or

Where all adverse impacts are not remedied, the Town shall require at the Town's sole discretion all, some or one of the following:

Contribute funds towards such off-site traffic improvements as are necessary to eliminate the adverse impact if such procedures are now or hereafter established or if the applicant proposes the same in lieu of or in partial substitution for Subsection (h)(1)B2 and 3 below; or

Reduce the intensity of development to eliminate the adverse impact; or

Institute a program of transportation system management or transportation demand management in a form approved by the Town after recommendations from the Town Traffic Engineer and any regional Transportation Management Agency as now or hereafter established. Such a program may include without limitation ride sharing, mass transit subsidies, signal interconnection and coordination and employee work hour changes. Such a program shall be a covenant running with the land and shall be recorded in the Allegheny County Recorder's office in a form approved by the Town Solicitor.

Nothing in this section shall be deemed to permit any development which does not meet the requirements of § 1304.240(c).

(i)

Town Manager's regulations. The Town Manager is hereby authorized and directed to issue rules, regulations and forms governing applications, trip transfers among property or lot owners, treasury trip releases, fees, reports and administration of TD-1 Districts. Any such rules, regulations and forms shall not be effective until approved by resolution of Council. The initial Town Manager's regulations are attached to original Ordinance 1073 and made a part hereof as Exhibit A[1] and are hereby approved.

[1]

Editor's Note: Exhibit A is on file in the Town offices.

(j)

Effect on Official Map. Where the TPAD Program requires an expansion of rights of way, new rights of way or relocation of rights of way, the TPAD Program in that TD-1 District shall be deemed an amendment to the Official Map or where no Official Map has been adopted, the TPAD Program shall be deemed a partial Official Map. A partial Official Map for the Town in the McKnight Road TD-1 District is hereby adopted and is attached to original Ordinance 1073 and made a part hereof as Exhibit B.[2] No development or improvement of any type shall be permitted in any rights of way shown in the TPAD Program.

[2]

Editor's Note: Exhibit B is on file in the Town offices.

(k)

Effect on Comprehensive Plan. The TPAD Program and land use assumptions used in the TPAD assessment formula, if any, shall be deemed an amendment to the Town Comprehensive Plan.

(l)

Dedication of rights-of-way. Except as provided in § 1304.250(n)(1), no permit, PRD approval, land development approval or subdivision approval shall be given until any such rights of way, the demand for which is created by the development on the lot or property, are dedicated to the appropriate Town, county or commonwealth agency as determined by the Town.

(m)

Increased setback requirements. Where any TPAD Program facility is located on a lot or property, the right of way or proposed right-of-way lines shall be treated as lot line and the setback requirements of the article shall be met; provided however, the Town may reduce set back requirements upon the applicant's written waiver request, upon cause shown, as part of the applicant's land development or subdivision approval.

(n)

Development credits.

Where both any rights-of-way within or abutting a lot seeking development or use change approval have been dedicated at no cost by an applicant or his predecessor in title pursuant to § 1304.240(k) in excess of that required by this Part 13, Zoning Code, and the TPAD Program as part of the TPAD financing does not provide for the payment or reimbursement to the land owner of right-of-way costs for that right of way to be dedicated, the following development credits shall apply to the property or lot:

The setback requirements from the lot line Abutting the dedicated right-of-way shall be reduced one foot for every two feet of dedicated right-of-way as measured from the center line of the right-of-way, provided that such dedicated right-of-way exceeds 10 feet, provided however the minimum set back shall not be less than 25% of the setback required in the underlying district.

In the case of existing development not involving the expansion of new gross square footage by more than 5%, where the dedication of right-of-way or the construction of TPAD Program facilities would remove required landscaping, buffer areas, parking or the like such removal shall be deemed an automatic reduction in the underlying district requirements and the lot or property shall not be deemed nonconforming on account thereof provided, however, the full parking requirements for any additional gross square footage must be met.

None of these credits shall apply to any lot or property or portion thereof where eminent domain proceedings were or are required or instituted by the Town to acquire rights of way for any project in the TPAD Program.

§ 1304.250 Unenclosed storage.

[Ord. No. 1540, 6-26-2023]

Screening and buffering. In all zoning districts, outside storage areas shall be screened from any public street or pedestrian walkway, any abutting residential use, and any adjoining residential district in accordance with the requirements specified in the Subdivision and Land Development Ordinance (Part 11 of the Town Municipal Code).

Recreational vehicles, boats, campers, trailers, school buses, and trucks.

In a residential zoning district:

Commercial vehicles are prohibited, except for personal cars with decals or other markings identifying a company or business.

Boats, campers, recreation vehicles, trailers, or trucks with more than two axles, except personal pickup trucks, must meet all the following requirements:

They are not permitted in the front yard.

They must be set back at least five feet from the side or rear lot line.

They must be on a driveway or parking pad.

In a nonresidential zoning district:

Recreational vehicle, boats, campers, trailers, school buses, and trucks are permitted in the side and rear yards, provided that the following conditions are met:

They are set back at least 10 feet from a lot line shared with a residential zoning district.

A six-foot-high privacy fence is installed on all sides around the area where these vehicles reside.

Hotel/apartment hotel and motel uses are exempt from the privacy fence requirement of Subsection (b)(2)A2 above.

Industrial and commercial districts and uses. All yards used for the storage of any material needed for the operation or conduct of industrial or commercial enterprise shall be enclosed by a solid wall, uniformly painted or colored fence, or evergreen screen planting on all sides which face upon a lot in a more restricted zone or adjacent to a residential use and in accordance with the requirements specified in the Subdivision and Land Development Ordinance (Part 11 of the Town Municipal Code).