[Added 10-21-2025[1]]
A. 
Purpose. Adoption of this section is intended to continue the orderly economic development of, and protect the public health, safety, welfare and quality of life in, the City of Lackawanna ("City") by prohibiting Tier 1, 2 or 3 battery energy storage systems (BESS) within all City zoning districts * in support of the following objectives:
(1) 
Pursue economic development projects which deliver the "highest and best uses" of available developable land (private or municipal) relative to new job, revenue and infrastructure creation as outlined in the City's Comprehensive Plan;
(2) 
Ensure these new development projects are compatible with, and contribute to, maintaining a safe quality of life in all City zoning districts, particularly those populated with schools, recreation spaces, houses of worship, senior/community centers and other similar public gathering facilities;
(3) 
Mitigate the impact economic development projects have on the City's environmental and other protected resources.
B. 
Definitions. A battery energy storage system (BESS) shall be defined as a large-scale system that primarily utilizes lithium-ion batteries to store electrical energy, which is then released back into the grid when needed to power homes and businesses or as a backup energy source.
(1) 
A BESS is typically classified by tiers according to size (aggregate energy capacity) and complexity of the battery technology employed:
(a) 
Tier 1 (</= 600 kWh) most often associated with home use;
(b) 
Tier 2 (> 600 kWh) most often associated with small to medium sized business use;
(c) 
Tier 3 for large complex industrial applications not covered by Tier 1 or 2.
(2) 
Lithium-ion batteries are a growing safety concern for both municipal and volunteer fire departments as they are potentially highly flammable and difficult to control and contain.
C. 
Rule.* The construction and operation of Tier 1, 2 or 3 battery energy storage systems (BESS) is and shall be prohibited in all City zoning districts as follows: Single-Family Residential (SFR); Mixed Residential (MR); Neighborhood Commercial (NC); Central Business District (CBD); Regional Commercial (RC); Mixed Commercial and Industrial (MCI); Industrial (I); Bethlehem Redevelopment Area (BRA); Open Space (OS); McKinley Parkway Overlay (MPO); Seaway Trail Overlay (STO); Smokes Creek Overlay (SCO); and Planned Unit Development (PUD).
* The only exception to this is rule would involve any future decisions by the New York State Public Service Commission (PSC) to locate a suitable BESS facility on appropriately zoned land within the City which is already owned and operated by public utility companies and related to their core services and infrastructure.
D. 
Application. As a prohibited use, variance requests permitting a Tier 1, 2 or 3 battery energy storage system (BESS) within any City zoning district (with the exception of those which may be deemed necessary for public utilities as noted in Subsection C, Rule) will not be entertained by the Zoning Board of Appeals and/or Planning and Development Board (through the Department of Development) while § 230-27.1 remains in effect.
[1]
Editor's Note: This ordinance was originally adopted as § 230-40 but was renumbered to avoid duplicative section numbering and to maintain the alphabetical organization of this Art. V.
All new building construction and building alterations in the City of Lackawanna shall comply with the following design standards:
A. 
Building design and siting shall complement the natural terrain, significant vegetation of the site area;
B. 
Buildings shall be related to one another and the surrounding neighborhood in design, building mass, materials and placement to provide a visually and physically integrated environment;
C. 
The building design shall feature active street elevations and accented entrances;
D. 
Building rear and side facades shall be comparable in amenity and appearance to the treatment of any building facade which faces a public street;
E. 
The building shall be located parallel or perpendicular to the street and other buildings;
F. 
The building entrance shall be linked to parking and pedestrian circulation;
G. 
Corner buildings shall have a strong design connection to both streets;
H. 
No blank walls shall face public streets or the pedestrian circulation system;
I. 
No more than three exterior materials are utilized;
J. 
In the CBD and NC Districts translucent windows shall comprise at least 50% of walls facing streets; and
K. 
In the RC District translucent windows shall comprise at least 25% of walls facing streets.
Typical Building Siting
A. 
Cluster development shall be allowed for all uses regulated through site plan review.
B. 
The minimum development area for cluster developments shall be five acres.
C. 
The maximum density for the entire development shall not exceed the maximum density permitted in the underlying district.
D. 
Open space requirements:
(1) 
At least 25% of the total development acreage is to be preserved and maintained for its scenic, recreation or conservation value via inclusion in the open space zone.
(2) 
If cluster open space is not dedicated to the City of Lackawanna, the land shall be protected by legal arrangements, satisfactory to the City of Lackawanna, sufficient to assure its perpetual preservation and maintenance as a scenic, recreation or conservation resource.
E. 
The lot area and yard requirements shall be determined in conjunction of site plan review of the proposed development.
The construction or alteration of buildings and structures within the City of Lackawanna shall comply with the following standards:
A. 
All construction storage and equipment yards shall be fenced and screened from the view of adjacent properties and motorists;
B. 
Access to each construction site shall be limited to two locations;
C. 
Mud, dirt or other surface debris deposited on public or common roadways shall be washed or removed daily; and
D. 
At the end of construction, the applicant shall submit to the City reproducible copies of record drawings showing the location of all underground utilities and irrigation systems.
Within the triangular area formed by two intersecting right-of-way lines and a line connecting points on such right-of-way 30 feet from their point of intersection, the following regulations shall apply to allow maximum vehicular visibility:
A. 
Maximum structure height: two feet;
B. 
Trees shall be maintained to allow between two and 10 feet of vertical clearance below lowest branches; and
C. 
Signs are prohibited.
[Amended 2-5-2008]
A. 
All land development activities subject to regulation under Article XII of this chapter shall comply with the performance and design criteria and other requirements set forth therein, including the preparation of a stormwater pollution prevention plan.
B. 
For all construction activities that are not subject to regulation under Article XII of this chapter, and where a significant soil erosion or sediment deposition may occur as a result of the disturbance of the land, the City Planning and Development Board may require an application for site plan review to be accompanied by an erosion and sediment control plan conforming to the standards and practices contained in the USDA Natural Resources Conservation Service Engineering Field Services Manual (EFM) and the New York Standards and Specifications for Erosion and Sediment Control, or other erosion and sediment control manual recognized by the Engineering Department or Planning and Development Board.
C. 
Final grading shall coincide with the planting season to ensure quick soil stabilization;
D. 
Construction phase topsoil stockpiles shall be graded and covered or seeded within one month of deposition;
E. 
Upon construction completion, temporary berms, swales, settling ponds and other erosion control mechanisms shall be reshaped and planted or otherwise maintained to conform with an approved site plan and to comply with any stormwater pollution prevention plan approved by the City for the project; and
F. 
All new developments must meet the following gradient standards:
Minimum Slope
Maximum Slope
Planting areas
2%
12%
Parking lot pavement
2%
4%
Driveways, access drives
2%
6%
Pedestrian pavements
1%
2%
Sidewalks
1%
5%
Cut and fill slopes
12%
Typical Site Grading
[Amended 3-19-2025]
A. 
Front yard privacy fencing may not exceed three feet in height.
B. 
Perimeter fencing is prohibited in all front yards within three feet of any sidewalk.
C. 
No more than 40% of a front yard fence material may be opaque or solid materials if it is over three feet tall and may not exceed four feet tall.
D. 
All fences shall be installed so that the better side of all fencing faces outward from a property.
E. 
For uses subject to site plan review, where new fencing would create a continuous surface at least 10 feet in length, the visual expanse of bare fence should be minimized with grouped tree and shrub plantings in accordance with the landscaping provisions of this chapter.
F. 
The use of barbed wire and other security wire fencing is prohibited without a variance from the Zoning Board.
G. 
In nonresidential districts, the maximum fence height is six feet without a variance from the Zoning Board.
H. 
In residential districts, the maximum fence height is six feet measured from the average finished grade of the lot except:
(1) 
Where a property abuts a nonresidential district, a fence up to eight feet in height is maybe permitted with a variance from the Zoning Board.
(2) 
A fence of 12 feet will be allowed to enclose a tennis court with a variance from the Zoning Board and site plan review from the Planning Board.
I. 
Where potential health or safety hazards may arise fence height may be increased as necessary to prevent unauthorized access to the premises with a variance from the Zoning Board.
J. 
All fencing must follow the grade of the property in which it is installed.
[Added 6-2-2008]
In any case where fencing is erected on City property or an easement or right-of-way granted to the City, said fencing shall be removed at the owner’s cost at the request of the City. The City shall allow said owner 30 days to remove said fence, and in the case of noncompliance, the City is hereby authorized to remove the fence and charge the property owner for the cost thereof. The amount for the cost to the City for removal shall be added to the owner’s City real property tax bill for the next ensuing period.
A. 
All uses subject to site plan review are subject to the provisions of this section.
B. 
All yards and setbacks should be landscaped in accordance with the following design guidelines:
(1) 
Plant material is massed in beds rather than planted as independent units in a lawn.
Typical Shrubbery Massing
(2) 
Predominance of one species for unity with individual plants used for accent is preferred.
(3) 
Landscape plans incorporate significant existing on-site trees, natural vegetation and wildlife habitat.
(4) 
Plant materials that are native to Western New York or require minimal watering and mechanical maintenance should be used; synthetic vegetation is prohibited.
(5) 
Water intensive ornamental plant materials shall not exceed 10% of the total landscaped area.
(6) 
Erosion retardant vegetation is used on all cut and fill slopes.
(7) 
Blank end walls are landscaped.
Typical Blank End Wall Landscaping
(8) 
Decorative water features use recirculating water where possible.
(9) 
Trees are provided in setback and buffer areas to ensure that within 15 years of establishment of the setback, at least 60% of the setback will be shaded, calculated as the diameter of the tree crown.
(10) 
Shade trees are provided in parking lots to ensure that within 15 years after the establishment of the lot, at least 40% of the lot will be shaded, calculated by using the diameter of the tree crown at 15 years.
(11) 
Landscaped areas are a minimum of six feet wide excluding curbs and retaining walls.
(12) 
Plantings shall comply with the following plant material guidelines:
(a) 
The minimum size for a shrub shall be 24 inches in height unless otherwise approved by the City Planning and Development Board;
(b) 
The minimum size for a tree shall be a 2 1/2 inches caliper unless otherwise approved by the City Planning and Development Board;
(c) 
Ground covers used in lieu of grass in whole or in part shall be planted to provide complete coverage after two complete growing seasons;
(d) 
All trees are staked and planting areas mulched;
(e) 
Landscaping materials are confined so as not to spill or intrude into the public right-of-way; and
(f) 
All trees and other plant materials designated for presentation shall be protected with wooden fencing to keep heavy equipment away from roots and trunks during construction.
(13) 
All required planting shall be permanently maintained in good condition; plant material shall be replaced when necessary.
A. 
The following minimum lighting levels shall be provided for uses requiring site plan review:
(1) 
Parking lots: 0.5 footcandles.
(2) 
Driveways: 0.25 footcandles.
(3) 
Pedestrian walkways: 0.18 footcandles.
(4) 
Building entrances: 0.5 footcandles.
(5) 
Accent illumination: 0.5 footcandles.
B. 
Exterior lighting shall be planned, erected and maintained so the light is confined to the property and will not cast direct light or glare upon adjacent properties or public roads.
C. 
Except pedestrian-oriented accent lights, all light fixtures shall be concealed source fixtures.
D. 
Light sources shall not be higher than 20 feet; pedestrian light fixtures shall not exceed 15 feet in height.
E. 
Security lighting fixtures and exterior wall-mounted floodlights are restricted to enclosed service courtyards.
F. 
High intensity lighting is prohibited.
A. 
General provisions.
(1) 
Existing parking, loading or stacking facilities shall be continued and maintained, and shall not be reduced below the requirements of this chapter, for the duration that the principal use is maintained.
(2) 
Permanent off-street automobile storage, parking or standing space shall be provided as set forth below at the time of the construction, enlargement or conversion of any use, building or structure.
(3) 
If the requirements of this section cannot be reasonably provided on the same lot as the principal use, the Planning and Development Board may permit such space be provided on another off-street property, provided such facility is located within 400 feet of the main entrance of the principal use.
(4) 
All parking facilities shall be used for passenger automobile or commercial vehicles only.
(5) 
Parking facilities shall not be used for automobile storage, commercial repairs, sales or service.
(6) 
Parking facilities shall be unobstructed and free of other uses.
(7) 
All parking facilities required for uses subject to site plan review shall be landscaped and screened from public view in accordance with this chapter.
B. 
Off-street parking requirements. In all districts, the following minimum off-street parking requirements shall be provided and maintained in the case of new construction, alterations that increase the number of required parking units, and changes in use:
Use/Facility
Requirement
(spaces)
Amusement centers
1 per 5 customers based upon the maximum service capacity at any one time, plus 1 per 2 employees
Automotive sales facilities
2 per employee
Automotive service stations
1 per service bay plus 1 per employee; no more than 4 vehicles shall be stored at one time and shall not remain for more than 72 hours.
Bank
1 per 250 square feet of net floor area
Bar/tavern
1 per 50 square feet
Barber shops/beauty parlors
2 per barber/beauty chair
Boarding or rooming houses
1 per sleeping room plus 1 for each permanent dwelling unit and 1 for every 2 employees
Bowling alleys
2 per alley
Child-care center
1 per employee plus 1 per 10 children
Club or lodges
1 per 4 persons of the maximum occupancy as established by local, county, or state fire, building or health codes
Community center
1 per 250 square feet of gross floor area
Convenience store
1 per 150 square feet of gross floor area
Dancing studios
1 per 75 square feet of gross floor area dedicated to the activity
Driving range
1 space per tee plus 1 per employee
Drug and alcohol treatment center
1 space per 2 beds plus 1 per employee
Funeral homes, mortuaries
1 per 75 square feet of parlor or chapel area, whichever is greater
Gas station
1 per employee
Public and semi-public buildings, including government buildings
1 per 200 square feet of gross floor area used by the public plus 1 per 600 square feet of gross area not used by the public
Group home
1 space per 5 clients plus 1 per employee in the largest work shift. If clients are not allowed to own vehicles, 1 space per 600 square feet of gross floor area
Health clubs
1 per 50 square feet of net floor area
Hospitals
1 per patient bed
Hotels, motels, bed-and-breakfast, tourist homes
1 per guest room plus 1 per 6 seats for restaurant/bar area
Houses of worship
1 per 5 fixed seats in main assembly room
Industrial uses
1 per 600 square feet of gross floor area or 0.75 spaces per employee of the 2 largest successive shifts
Laundromats
1 per 200 square feet of gross floor area used by the general public
Libraries
1 per 1,000 square feet of gross floor area
Medical offices, health clinics
1 per examining room plus 1 per employee
Manufactured home lots
2 per lot
Nightclub
1 per 50 square feet of area open to the public
Nursing homes
1 per 5 beds plus 1 per employee
Offices
1 per 400 square feet of net floor area
Park
2 per acre
Public assembly places (auditoriums, gymnasiums, theaters)
1 per 5 seats or 9 linear feet of fixed benches
Residential (detached and attached single-family)
2 per dwelling unit
Residential (multiple family or apartments)
1 1/2 per one-bedroom or studio unit; plus 2.3 per two-bedroom unit; plus 2.4 per three- or more bedroom units
Residential (group home for elderly, disabled)
1/2 per dwelling unit or if public transportation is available within 500 feet, 1/4 per dwelling unit
Restaurant and banquet hall
1 per 3 seats plus 2 for every 3 employees on the maximum shift
Restaurant - take out only
1 per 10 square feet of net floor area
Retail stores (detached)
1 per 250 square feet of sales floor area
Schools (nursery and primary)
1 per employee
Schools (secondary)
1 per 10 student instruction seats or if no fixed seats, 1 per 100 square feet of instructional space
Schools (trade)
1 space per 4 students
Shelters
1 per 2 employees
Commercial centers
5 per 1,000 net square feet
Sports complex/athletic field
10 per field
C. 
Exceptions. The requirements of this article may be reduced to the extent that the applicant can demonstrate that less parking is required for one of the following reasons:
(1) 
Adjacent uses operate at different times and thus, arrangements with surrounding land owners to utilize their parking facilities through a formal agreement are feasible.
(2) 
The new development is in close proximity to a public parking facility.
D. 
Location.
(1) 
Required off-street parking shall be located on the same lot as the building to which it is an accessory use, except as herein provided.
(2) 
All off-street parking facilities shall be located to the side or rear of the principal use building except in the Central Business District, where off-street parking shall be restricted to the rear yard.
(3) 
Off-street parking facilities shall not be located within the required setback areas.
(4) 
Permanent front and rear yard parking areas in residential zones, other than driveways accessing a garage or designated parking area, are prohibited.
(5) 
No vehicles shall be parked on any lawn area.
(6) 
Vehicles bearing signs more than two square feet in area shall not be permitted to park as a customary operation in a residential area so as to be visible from the street.
(7) 
At least one of the required spaces for attached single-family residential units shall be provided on the same lot as the primary unit.
(8) 
No parking lots shall be located closer than 15 feet to any adjacent residential property.
(9) 
Nonresidential parking spaces shall be provided access to a nonresidential public street through a drive or aisle at least 10 feet wide.
E. 
Parking space dimension requirements.
Angle of stall
90°
60°
45°
Stall length
19' 00”
21' 00”
19' 10”
Stall width (regular)
9' 00”
10' 05”
12' 09”
Aisle width
24' 00”
18' 00”
13' 00”
Total width
62' 00”
60' 00”
52' 08”
Stall width (ADA)
12.0'
13' 9”
16' 9”
Typical Parking Dimensions
F. 
Parking facility design.
(1) 
No more than 80 parking spaces shall be provided in each parking lot section.
(2) 
Parking lots should be linked with the parking facilities of other building lots whenever possible; in such cases vegetative screening shall not be required between paving sections.
(3) 
Parking spaces shall be delineated by painted lines.
(4) 
Parking bumpers shall not be used in parking lots.
(5) 
Parking areas and drives shall be paved with compacted macadam base at least 11 inches thick pavement section with positive drainage to a storm sewer system. All parking lots, entrance drives and utilities shall remain in private ownership.
(6) 
All visitor-parking areas shall be clearly identified.
G. 
Loading facilities.
(1) 
In addition to minimum parking and stacking requirements, all commercial and industrial uses shall provide adequate off-street facilities for loading and unloading.
(2) 
Required off-street loading facilities shall not face or be visible from the frontage street, shall not be located in a required front yard and may not be located in a required side or rear yard if adjoining a residential district.
(3) 
Each required off-street loading space shall be designed for vehicular access by means of a driveway(s) to a public street.
(4) 
Off-street loading facilities and driveways shall not be designed or used so as to interfere with the free use of any street, alley or adjoining property.
(5) 
An off-street loading facility shall not be used for the repair or service of any motor vehicles.
(6) 
Each off-street loading space shall be at least 20 feet long by 12 feet wide.
(7) 
The following off-street loading facilities shall be provided.
Use
Square Feet
Number of Bays
Retail stores
Under 5,000
1
5,001 - 40,000
2
40,001 - 50,000
3
50,000+
4
Wholesale and industrial operations
Under 40,000
1
40,001 - 100,000
2
100,000+
3
Office buildings
100,000+
1
Health-care facilities with ambulatory service
50,000+
2 bays, 1 of which is for emergency vehicles
H. 
Stacking.
(1) 
In addition to minimum parking and loading requirements, drive-in facilities shall provide five spaces per lane, booth, customer facility or service window.
(2) 
Drive-in facilities shall be sited so as to facilitate principal on-site vehicular circulation and discourage vehicle stacking on the adjacent street.
(3) 
The size of each stacking space shall be 20 feet in length by nine feet in width.
A. 
Sidewalks shall be provided along public roads and from public streets and parking lots to building entrances. Pedestrian/handicapped crosswalks should be provided as needed.
B. 
Pedestrian/handicapped access, such as sidewalks, curb ramps and crosswalks, should be provided from the building entrance to the public sidewalk. Curb ramps, etc., should be provided where appropriate to insure pedestrian access is handicapped accessible.
C. 
New sidewalks in the SFR and MR Districts shall have an unobstructed width of five feet.
D. 
Sidewalks in all other districts shall have an unobstructed width of six feet to accommodate pedestrian use; adjacent to parking lots or curbs, sidewalks shall be at least eight feet wide to provide an unobstructed width of six feet when cars park near the sidewalk.
E. 
A minimum vertical clearance of eight feet six inches shall be maintained for all sidewalks.
F. 
Where provided, off street bicycle paths shall have an unobstructed width of at least eight feet.
G. 
Approved bicycle path materials are asphalt, concrete and "stabilizer" or a comparable material.
H. 
New bicycle lanes provided on state highways should be at least five feet wide. All other new bicycle lanes shall be at least four feet wide.
I. 
Bicycle parking facilities shall be provided for all uses requiring site plan approval.
Typical Walkway and Bicycle Path Standards
A vegetative buffer shall be maintained between all uses subject to site plan review and single-family residential units. The buffer shall be 15 feet wide and planted in accordance with this chapter.
New roadways shall comply with the following roadway design standards unless otherwise approved by the City Planning and Development Board:
A. 
Minimum number of lanes: two.
B. 
Curb radius: 50 feet.
C. 
Minimum distance between drives and intersections: 125 feet.
D. 
Angle of roadways, driveways and intersections: 90°.
E. 
Maximum road width:
ADT is less than 750
ADT is greater than 750
Parking on one side
31 feet
(two ten-foot driving lanes, one seven-foot parking lane and one four-foot bike lane)
35 feet
(two ten-foot driving lanes, one seven-foot parking lane and two four-foot bike lanes)
Parking on both sides
34 feet
(two ten-foot driving lanes, two seven-foot parking lanes)
42 feet
(two ten-foot driving lanes, two seven-foot parking lanes, two four-foot bike lanes)
A. 
For uses requiring site plan review, the following items must be screened from the view of adjacent properties, pedestrians and vehicles through the use of landscaping and/or fencing:
(1) 
Off-street parking lots;
(2) 
Exterior mechanical equipment;
(3) 
Fuel oil storage shelters;
(4) 
Transformers;
(5) 
Satellite receiving antennas;
(6) 
Refuse containers and garbage disposal facilities;
(7) 
Storage facilities; and
(8) 
Outdoor seating areas.
B. 
Where vegetative screening is proposed, plant species, size and layout should be developed to provide an effective screen within three years of installation.
Typical Exterior Equipment Screening
A. 
Permit required.
(1) 
No person shall erect, alter, construct or relocate any sign without having first obtained a sign permit from the Zoning Officer, upon a demonstration of full compliance with the provisions of this chapter.
(2) 
Signs located along state highways, including NY Route 5, should be submitted to the New York State Department of Transportation for review and approval where appropriate.
B. 
Exemptions. The following items are exempt from the provisions of this section:
(1) 
Customary holiday decorations;
(2) 
House addresses, family name signs, decorative flags, “no trespassing” and similar signs;
(3) 
Traffic control signs;
(4) 
Gasoline price signs attached to a gasoline dispenser or service island canopy and not exceeding one square foot per face;
(5) 
Political signs not exceeding four square feet in area erected no earlier than three weeks before an election and removed within seven calendar days following the election;
(6) 
Real estate signs not exceeding six square feet in area;
(7) 
No more than two directional and parking signs not exceeding two square feet per face and no taller than seven feet high per business;
(8) 
Signs, flags or emblems erected and maintained pursuant to any government function;
(9) 
Decorative or architectural features of a building, except letters or trademarks;
(10) 
Memorial or historic plaques, markers, monuments or tablets;
(11) 
Safety signs;
(12) 
Nonilluminated home occupation signs attached to the dwelling and less than four square feet in area; and
(13) 
One construction or renovation sign, four square feet in size or less, erected by a contractor, engineer, architect or similar professional or business and removed at the termination of their portion of the project activity.
C. 
Permitted permanent signs.
District
Permitted Signs
Single-Family Residential — SFR
One sign not exceeding 20 square feet in area for uses subject to site plan review.
Mixed Residential — MR
Those signs permitted in the SFR District; and
One sign attached to a building not exceeding four square feet in area describing a use subject to site plan review; and
One detached sign not exceeding eight square feet in area describing a use subject to site plan review.
Central Business District — CBD
A maximum of 60 square feet of signage per lot, including:
One sign attached to a building not exceeding eight square feet in area describing a residential use subject to site plan review; and
Attached signs identifying uses or services on the premises not exceeding 1.0 square foot for every foot of building frontage.
Neighborhood Commercial — NC
A maximum of 100 square feet of signage per lot, including:
Those signs permitted in the MR District;
Attached signs identifying uses or services on the premises not exceeding 1.0 square foot for every foot of building frontage; and
One detached sign located in the front yard not exceeding 25 square feet in size per side of sign and posted no more than eight feet in height from the finished grade of the lot.
Regional Commercial — RC
Maximum signage area of 10% of the primary building facade per lot, including:
Those signs permitted in the MR District;
Attached signs identifying uses or services on the premises exceeding 1.5 square feet for every foot of building frontage; and
One detached sign located in the front yard not exceeding 50 square feet in size per side and posted no more than 15 feet in height from the finished grade of the lot.
Industrial — I
Bethlehem Redevelopment Area — BRA
Maximum signage area of 10% of the primary building facade per lot including:
Attached signs identifying uses or services on the premises not exceeding 1.0 square foot for every foot of building frontage; and
Two detached signs located in the front yard not exceeding 32 square feet in size per side and no more than six feet high from the finished lot grade.
Open Space — OS
One sign not exceeding 20 square feet identifying any building or use permitted under this chapter.
D. 
Temporary signs.
(1) 
No temporary sign may be erected or maintained without a temporary sign permit issued by the Zoning Officer.
(2) 
Temporary or portable signs shall be used for the following purposes only:
(a) 
New business enterprises;
(b) 
Celebration of the anniversary date of a new business enterprise;
(c) 
Businesses enterprises which have lost the use of an existing sign by reason of fire or other catastrophe; and
(d) 
Limited activities in connection with the principal use or activity on the premises.
(3) 
Temporary signs may not exceed 40 square feet in size; no more than one temporary sign shall be permitted per business.
(4) 
Temporary sign permits shall expire after 90 days and will not be renewable for 90 days except that three times per year, for no more than 72 hours per occasion, pennants, ribbons may be permitted as a temporary sign.
(5) 
Temporary signs shall comply with the location and design standards contained in this chapter.
E. 
Location.
(1) 
No off-site signs shall be permitted in the City of Lackawanna except one sign erected on previous site of a business or service which has been relocated for reasons of an unforeseen disaster (example - due to fire) for a period of 15 months.
(2) 
No sign shall be at any location, where by reason of position, shape, wording or color, it interferes with or obstructs the view or free passage of pedestrian or vehicular traffic.
(3) 
No sign shall be painted, placed or constructed directly on or project from a roof.
(4) 
No sign shall be attached to any tree, utility pole or be painted upon or otherwise affixed to any rock, ledge or other natural feature.
(5) 
No sign shall be affixed or painted to any wall that faces an adjoining residential lot.
(6) 
No sign shall be closer than 20 feet to a lot line except in the case of a wall sign or corner lot where the setback may be reduced to 10 feet from the public way.
(7) 
Signs parallel to and attached to a building shall not be set out more than 10 inches from the building.
(8) 
Any sign that projects from a building over the public way shall be located at least eight feet above the ground. For any sign projecting over a public way, the sign owner must provide to the City proof of liability insurance naming the City as an additional insured party.
F. 
Design standards.
(1) 
No sign shall consist of pennants, ribbons, streamers, sheets, spinners or other moving devices.
(2) 
No sign shall consist of strings of lights or contain blinking, flashing, intermittent, rotating, glaring or moving lights.
(3) 
Any illuminated sign shall employ only lights emitting a light of constant intensity.
(4) 
Internally lit signs shall be limited to one per building.
(5) 
The use of opaque letters against an illuminated white or light-colored background is prohibited. A dark-colored or opaque-colored background is required.
(6) 
Illuminated white or light-colored lettering or logos shall not exceed 25% of the total sign area.
(7) 
Neon window signs may be permitted in cases where they are custom designed to be compatible with the building's historic and/or architectural character and where their color has been selected to harmonize with the building's exterior colors. Neon signs may not exceed 25% of the window.
(8) 
No sign shall be movable or portable unless defined as a temporary sign.
Typical Neighborhood Commercial Wall Sign
G. 
Maintenance of signs.
(1) 
Every sign shall at all times be in a safe and structurally sound condition. Signs that do not comply with adequate safety standards shall be removed at the property owner's expense.
(2) 
Signs must be regularly maintained, including the replacement of worn parts, painting and cleaning.
(3) 
The full number of illuminating elements of a sign shall be kept in working condition or immediately repaired or replaced.
H. 
Abandoned signs.
(1) 
Except as otherwise provided in this chapter, any sign which is located on property which becomes vacant and unoccupied for a period of six months or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned.
(2) 
Abandoned signs are prohibited and shall be removed by the owner of the sign or owner of the premises.
I. 
Billboards.
[Amended 1-5-2015]
(1) 
Billboards are not permitted and shall not be erected unless approved by the City Council.
(2) 
This section shall not apply to billboards existing at the time of the enactment of this section.
(3) 
Maintenance and removal.
(a) 
Billboards which are abandoned or not maintained in the manner set forth in this chapter shall be removed by the property owner or the owner of the billboard.
(b) 
Upon removal of a billboard pursuant to this section, the owner of the sign or property owner shall not be permitted to erect a billboard on the property unless approved by the City Council.
(c) 
This section shall not apply to the removal of a billboard which is removed in order to be replaced.
A. 
Sound in the City of Lackawanna shall be measured as the day/night decibel equivalent measured at the property line.
B. 
No use in the City of Lackawanna shall generate more than:
(1) 
Sixty decibels of constant sound; or
(2) 
Fifty-five decibels of tonal, intermittent, impulsive or information carrying sound.
C. 
Sound levels at residential boundaries shall not exceed 50 decibels.
[Amended 2-5-2008]
A. 
All construction activities subject to regulation under Article XII, Stormwater Management, of this chapter shall be subject to the performance and design criteria and other requirements set forth therein.
B. 
The following requirements shall apply to all construction activities not subject to regulation under Article XII, Stormwater Management, of this chapter:
(1) 
Postdevelopment stormwater discharge rates, as a result of storms with a twenty-five-year or less occurrence, shall not exceed predevelopment stormwater discharge rates.
(2) 
In no case shall increased runoff due to development activity be directed onto adjacent properties.
(3) 
Groundwater recharge shall be maximized through on-site stormwater retention and/or the employment of best management practices. On-site drainage facilities shall be designed for a one-hundred-year-storm minimum.
(4) 
Construction runoff may not be diverted to the permanent subsurface drainage system unless 90% free of soil particles.
(5) 
All developments shall remediate stormwater runoff so that 80% of suspended solids are removed from stormwater on-site.
(6) 
Stormwater released to natural drainage courses:
(a) 
Shall not disturb the temperature strata of the water column; and
(b) 
Shall be at approved locations only.
(7) 
On-site storm drainage systems shall not carry sewage or industrial wastes other than industrial cooling water or unpolluted process waters. Construction shall be timed so that major soil disturbance occurs when runoff periods are lowest.
(8) 
The fording of streams or major swales subject to rapid runoff is prohibited.
A. 
All exterior on-site utilities shall be installed and maintained underground.
B. 
On-site underground utilities shall be designed and installed to minimize surface disruption.
C. 
Temporary overhead power and telephone facilities are permitted during construction only.