Purpose. Conditional use provisions apply to all uses identified as conditional uses in the Tables of Authorized Uses (Principal and Accessory). The conditional use approval process is designed to allow the Borough Council to review and approve certain uses that may have additional impacts on the community and the environment beyond those typical for uses that are allowed by right. The intent is to allow certain specified uses identified as conditional uses in the Tables of Authorized Uses (Principal and Accessory) to be reviewed by the Borough Council so that it may determine compliance with this chapter and attach reasonable conditions and safeguards, in addition to the standards and criteria expressed in this chapter as the Council may deem necessary to implement the purposes of this chapter.
Procedure. The Borough Council shall consider the conditional use application and render its decision in accordance with the requirements of the Pennsylvania Municipalities Planning Code and this chapter and subject to the following:
A. 
If a land development approval is required for the conditional use, the application for conditional use approval and the application for approval of a land development required by the Borough's adopted subdivision and land development ordinance may be processed concurrently or separately at the discretion of the applicant, provided that all application requirements of both ordinances for a conditional use and the land development plan are met.[1]
[1]
Editor's Note: See Ch. 229, Subdivision and Land Development.
B. 
Application procedure. The applicant shall submit an application for development for approval of a conditional use to the Zoning Officer or designated staff person of the Borough. The application for development shall indicate the section of this chapter under which the conditional use is sought and shall state the grounds upon which it is requested.
C. 
Application content. An application for approval of a conditional use shall include the following:
(1) 
One copy of the application form provided by the Borough and completed by the applicant. If the applicant is other than the landowner, the landowner's authorization of the application and the nature of applicant's interest in the site shall accompany application.
(2) 
Seven copies of a site plan meeting the requirements for a preliminary plan for land development as set forth in Subdivision and Land Development Ordinance and, in addition, demonstrating conformity with all requirements of this chapter.
(3) 
Application fee and review fees established by ordinance or resolution of the Council to cover the cost of review.
D. 
Administrative review and determination of complete application. Within seven working days after a conditional use application is submitted, the Borough shall review the conditional use application for completeness of required submission items. Within said time, the Borough shall notify the applicant in writing if the conditional use application is incomplete and rejected, stating the deficiencies in the application and returning the filing fee. The applicant may reapply, submitting the fee and missing material at any time.
E. 
The Borough shall submit a conditional use application to the Borough Planning Commission for review and recommendations. The Planning Commission shall review the application and make a written recommendation to the Council. If the proposed development is also a land development, the Planning Commission shall also make a recommendation under the provisions of the Subdivision and Land Development Ordinance.
F. 
The Council shall hold a public hearing, in accordance with Section 913.2 of the MPC, 53 P.S. 10913.2, and public notice shall be given as defined in this chapter. The public hearing shall be commenced by the Council within 60 days from the date of an applicant's request for a hearing.
G. 
Conditions. In considering any conditional use, the Council may attach reasonable conditions and safeguards, in addition to those expressed in this chapter, as the Council deems necessary to implement the purposes of the MPC and this chapter. A violation of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this chapter.
H. 
Written decision. The Council shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the Council. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor.
I. 
Expiration. Conditional use approval shall expire automatically without written notice to the applicant if no application for subdivision and land development, zoning approval for structures, zoning approval for occupancy and use or a grading or building permit to undertake the work described in the conditional use approval has been submitted within 12 months of said approval, unless the Council, in its sole discretion, extends the conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension. The Council may grant an extension for good cause shown by the applicant and provided that the extension will not be contrary to the purposes of this chapter.
J. 
Effect on prior approvals. Conditional use approval, granted prior to the effective date of this chapter, shall expire automatically without written notice to the developer if no application for subdivision and land development, zoning approval for structures, zoning approval for occupancy and use, or a grading or building permit to undertake the work described in the conditional use approval has been submitted within 12 months of the effective date of this chapter or as specified in the approval, unless the Council, in its sole discretion, expends the conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.
K. 
All provisions of Subdivision and Land Development Ordinance which are not specifically modified by the Council in approving a conditional use shall apply to any conditional use involving subdivision and land development.
L. 
Burden of proof. In any application for conditional use, the applicant shall have the persuasion burden and presentation duty to show compliance with this chapter, and the applicant shall have the persuasion burden to show the applicant's request is not detrimental to the health, safety, and welfare of the neighborhood.
Purpose. Special exception use provisions apply to all uses identified as special exception uses in the Tables of Authorized Uses (Principal and Accessory). The special exception use approval process is designed to allow the Zoning Hearing Board to review and approve certain uses that may have additional impacts on the community and the environment beyond those typical for uses that are allowed by right. The intent is to allow certain specified uses identified as special exception uses in the Tables of Authorized Uses (Principal and Accessory) to be reviewed by the Zoning Hearing Board so that it may determine use compliance with this chapter and attach reasonable conditions and safeguards, in addition to the standards and criteria expressed in this chapter as the Zoning Hearing Board may deem necessary to implement the purposes of the Zoning Ordinance or the MPC.
Procedure. The Zoning Hearing Board shall consider special exception applications and render its decision in accordance with the requirements of the Pennsylvania Municipalities Planning Code and this chapter and subject to the following:
A. 
If land development approval is required for the use by special exception, the application for approval of a land development required by the Subdivision and Land Development Ordinance[1] shall be submitted to the Borough Planning Commission and Council following approval of the use by special exception by the Zoning Hearing Board.
[1]
Editor's Note: See Ch. 229, Subdivision and Land Development.
B. 
Application procedure. The applicant shall submit an application for approval of a special exception to the Zoning Officer or designated staff person of the Borough. The application for approval shall indicate the section of this chapter under which the special exception is sought and shall state the grounds upon which it is requested.
C. 
Application content. An application for approval of a special exception shall include the following:
(1) 
One copy of the application form provided by the Borough and completed by the applicant. If the applicant is other than the landowner, the landowner's authorization of the application and the nature of applicant's interest in the site shall accompany application.
(2) 
Seven copies of a site plan meeting the requirements for a preliminary plan for land development as set forth in Subdivision and Land Development Ordinance and, in addition, demonstrating conformity with all requirements of this chapter.
(3) 
Application fee and review fees established by ordinance or resolution of the Borough to cover the cost of review.
D. 
Administrative review and determination of complete application: Within seven working days after a special exception application is submitted, the Borough shall review the application for completeness of required submission items. Within said time, the Borough shall notify the applicant in writing if the application is incomplete and rejected, stating the deficiencies in the application and returning the filing fee. The applicant may reapply, submitting the fee and missing material at any time.
E. 
A public hearing pursuant to public notice, as defined herein, shall be commenced by the Zoning Hearing Board within 60 days of submission of a complete and properly filed application. Said hearing shall be conducted in accordance with the procedures specified by this chapter and state law.
F. 
Burden of proof. In proceedings involving a request for a use by special exception, both the duty of initially presenting evidence and the burden of persuading the Zoning Hearing Board that the proposed use is authorized as a use by special exception and satisfies the specific or objective requirements for the grant of a use by special exception as set forth in this chapter rest upon the applicant. The applicant shall demonstrate that the request is not detrimental to the health, safety, and welfare of the neighborhood.
G. 
Conditions. In considering any special exception, the Zoning Hearing Board may attach reasonable conditions and safeguards, in addition to those expressed in this chapter, as the Board deems necessary to implement the purposes of the MPC and this chapter. A violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter.
When considering applications for conditional uses and special exceptions, the following general standards for all conditional uses and special exceptions shall be met:
A. 
Is in accordance with the Comprehensive Plan and is consistent with the spirit, purposes, and the intent of this chapter.
B. 
Compliance with this chapter. The applicant shall establish by credible evidence that the application complies with all applicable requirements of this chapter. The applicant shall provide sufficient plans, studies or other data to demonstrate compliance.
C. 
Compliance with other laws. The approval may be conditioned upon the applicant demonstrating compliance with other specific applicable local state and federal laws, regulations and permits.
D. 
The application shall include proper site layout, internal circulation, parking, buffering, and all other elements of proper design as specified in this chapter.
E. 
The applicant shall establish that the traffic from the proposed use will be accommodated in a safe and efficient manner that will minimize hazards and congestion and provide adequate access arrangements after considering any improvements proposed to be made by the applicant as a condition on approval.
F. 
The proposed use shall not substantially change the character of any surrounding residential neighborhood after considering any proposed conditions upon approval.
G. 
The proposed use shall not create a significant hazard to the public health, safety, and welfare.
H. 
Is suitable for the property in question and designed, constructed, operated, and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.
In addition to the standards listed in this chapter and the general standards for all conditional uses and special exceptions, the following specific standards shall be met when considering a specific request for a conditional use or special exception as authorized in the Tables of Authorized Principal Uses and Authorized Accessory Uses of this chapter.
A. 
Purpose and applicability. This section shall apply to historic structures not initially designed for permanent residential use and former public, semipublic and other large buildings (including schools, churches, armories, and other civic structures) which lie within any zoning district within the Borough. The purpose of this section is adopted for the express purpose of encouraging the adaptive and flexible reuse of such buildings within the Borough that might otherwise not be permissible within the zoning district in which the building(s) is(are) located.
B. 
Permitted reuses. Structures determined to meet the criteria of adaptive reuses may be reused for the following purposes by conditional use:
(1) 
Single-family dwelling.
(2) 
Multiple-family dwelling.
(3) 
Financial institution.
(4) 
Private clubs or social halls, provided that there are no sales of alcohol on the premises.
(5) 
Day-care facilities of all types.
(6) 
Nursing or personal care homes.
(7) 
Hospitals and medical clinics for humans.
(8) 
Civic or cultural building.
(9) 
Conference centers.
(10) 
Community centers
(11) 
Other such uses as determined appropriate upon recommendation of the Planning Commission and approval of the Borough Council.
C. 
Standards for exterior alterations. It shall be a condition of this adaptive reuse that all exterior alterations shall meet standards for historic preservation if the property is considered historic. Properties not required to meet the standards for historic preservation shall make exterior alterations generally consistent with the original structure's architecture and the neighborhood in which it is located.
D. 
Signage shall be limited to the type normally permitted in the district.
E. 
Parking shall meet the requirements of Article VI, Parking; provided, however, that parking may be provided on lot or within 500 feet of the building entrance if sufficient public or on-street spaces are available.
A. 
Legislative findings. Wilkinsburg Borough finds the following with respect to adult-related businesses:
(1) 
Adult-related businesses in any given area will cause blight and deterioration in that area.
(2) 
Properties that are adjacent to adult-related businesses will decrease in value.
(3) 
Businesses which are not adult-related in nature will not locate in an area with adult-related businesses.
(4) 
Neighborhoods adjacent to adult-related businesses are adversely affected by the conduct of patrons of the adult-related businesses, who interfere with the quiet, peaceful, and lawful enjoyment and use of the neighboring properties.
(5) 
Criminal activity has increased in connection with certain adult-related businesses.
B. 
Purpose. The purpose of this section is to protect the retail trade of the Borough, prevent neighborhood blight, maintain stable property values, maintain the quality of residential neighborhoods, and reduce the potential for criminal activity.
C. 
Intent. The intent of this section is not aimed at the content of the material sold, conduct within, or content of films or books of adult-related businesses but rather to minimize and control the adverse secondary effects of such businesses on the surrounding community and protect the health, safety and welfare of its citizens; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of blight. Accordingly, this chapter permits adult-related businesses in certain zoning districts but regulates the time, place, and manner of adult-related businesses.
D. 
Adult-related businesses.
(1) 
Adult-related businesses which are defined in this chapter shall only be permitted in IND Industrial District when approved as a conditional use and if all of the requirements of this section are adhered to. Adult-related businesses shall not be permitted in any other zoning district.
(2) 
Adult-related businesses shall only be permitted in the IND Industrial District and shall also meet or exceed the following setback requirements. The building shall be set back as follows:
(a) 
The building shall be at least 250 feet in any direction from any residential dwelling (including multifamily buildings), also at least 500 feet from any public park property (including such uses in adjacent municipalities);
(b) 
The building shall be at least 1,000 feet in any direction from any school property, church property, preschool property, or child day-care center property (including such uses in adjacent municipalities);
(c) 
The building shall be at least 100 feet in any direction from any hotel or motel (including such uses in adjacent municipalities); and
(d) 
The building shall be at least 2,500 feet in any direction from any other building which is utilized for any other adult-related business which is defined in this section (including such uses in adjacent municipalities).
(3) 
All activities pertaining to the adult-related business shall be conducted entirely within the confines of the building. No theater which shows adult-related films shall project the film outside the confines of a building. No music or sound emitting from the business shall be audible to normal human hearing at any time at any exterior property line of the business.
(4) 
Any adult-related business which has liquor for sale shall abide by all rules and regulations of the Pennsylvania Liquor Control Board. If any of the applicable regulations of the Liquor Control Board are more stringent than the regulations specified in this section, those regulations shall be adhered to by the applicant.
(5) 
Unless governed by more stringent regulations by the Pennsylvania Liquor Control Board, the following hours of operation shall be adhered to by all adult-related businesses:
(a) 
No adult-related business shall be open from 2:00 a.m. to 11:00 a.m. daily.
(b) 
No adult-related business shall be open on Sundays and holidays, except that an adult-related business open on Saturday may remain open until 2:00 a.m. on Sunday morning.
(6) 
The maximum gross floor area of any building which is utilized for an adult-related business shall be 5,000 square feet.
(7) 
No adult-related business shall display an exterior sign which displays obscene materials or which depicts nudity or sexually explicit activities. All other regulations pertaining to commercial signs shall be complied with.
(8) 
Parking, landscaping, exterior lighting, and other required site improvements shall be in accordance with the applicable sections of this chapter.
(9) 
To insure the regulations of this section are adhered to by the applicant, the following information shall be provided with the application for a conditional use:
(a) 
A site survey of the property and building proposed for the adult-related business and a survey illustrating the distance to the location, size, and type of all buildings and uses within 2,500 feet of the building proposed for the adult-related business. The survey shall be prepared and sealed by a surveyor licensed by the Commonwealth of Pennsylvania and shall be at a scale no less than one inch to 100 feet. The survey shall indicate the scale, date drawn, North point, tax parcel number of all parcels illustrated, the names of any roads or highways illustrated and shall be on paper measuring 24 inches by 36 inches. Twenty copies of the survey shall be submitted with the application.
(b) 
The above-referenced site survey shall indicate the proposed parking layout, landscaping, lighting, sign location, building location, and any other exterior improvements.
(c) 
If liquor for sale is proposed, a copy of the license issued by the Pennsylvania Liquor Control Board shall be submitted.
(10) 
In addition to a conditional use permit, a land development plan shall be required for the development of the site. Requirements for the land development plan are in the Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 229, Subdivision and Land Development.
(11) 
An applicant proposing an adult-related business shall satisfy all requirements of the Zoning Ordinance which relate to general requirements for approval of conditional uses.
E. 
Additional regulations for nude model studios.
(1) 
A nude model studio shall not employ any person under the age of 18 years.
(2) 
A person under the age of 18 years commits a violation of this chapter if the person appears seminude or in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to public view or visible to any other person.
(3) 
A person commits a violation of this part if the person appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.
(4) 
A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.
F. 
Prohibition against children in a sexually oriented business. A person commits a violation of this chapter if the person knowingly allows a person under the age of 18 years on the premises of a sexually oriented business.
Agricultural activities shall be subject to the following standards:
A. 
The site shall be at least three five acres in size.
B. 
No structure, including livestock pens, beehives, chicken coops, or any similar structures, shall be permitted within 100 feet of any lot line.
C. 
The killing or dressing of animals raised on the premises shall be permitted if conducted entirely within an enclosed building;
D. 
The keeping of poultry birds, livestock, and domestic small farm animals shall be permitted within a securely fenced and enclosed area.
E. 
All animal structures and roaming areas shall be kept sanitary and free from accumulations of animal excrement and objectionable odor.
F. 
All seed, fertilizer, and animal feed shall be stored in a secured, rodentproof container and housed within an enclosed structure.
G. 
All agricultural activities related to the keeping and raising poultry must also comply with the regulations set forth in Chapter 112, Article I, Livestock and Poultry, of the Code of the Borough of Wilkinsburg.
The standards for nursing homes in this article shall apply.[1]
[1]
Editor's Note: See § 260-406.21, Nursing home; assisted living facility; personal care home.
All automobile servicing and repair activities shall be:
A. 
Carried on within an enclosed building.
B. 
Screened along any property line that abuts a residential zoning district.
C. 
Automobile repair bays shall not face a local, collector, or arterial street but may face an alley or rear lot line.
D. 
The following activities and equipment are permitted only in the rear yard and at least 50 feet from a residential zoning district:
(1) 
Storage of vehicle parts and refuse;
(2) 
Temporary storage of vehicles during repair and pending delivery to the customer; and
(3) 
Vacuuming and cleaning.
E. 
The following activities and equipment are permitted only within an enclosed building:
(1) 
Lubrication equipment;
(2) 
Motor vehicle washing equipment; and
(3) 
Hydraulic hoists and pits.
F. 
Outside storage or parking of any disabled, wrecked, or partially dismantled vehicle is not permitted for a period exceeding 10 days during any thirty-day period.
G. 
No building, structure, canopy, gasoline pump, or storage tank shall be located within 25 feet of a residential zoning district.
H. 
Body work and painting shall be conducted within fully enclosed buildings. All motorized vehicles not in operating condition shall be kept in fully enclosed buildings.
A. 
The operator shall be a full-time resident of the dwelling in which the bed-and-breakfast is located.
B. 
No more than four sleeping rooms shall be offered to transient overnight guests.
C. 
No meals, other than breakfast, shall be served on the premises. Food may be prepared on the premises for consumption off the premises by overnight guests. Food shall not be served to any customers who are not overnight guests.
D. 
In addition to the parking required for the dwelling, one parking space shall be provided for each sleeping room offered to overnight guests.
E. 
Off-street parking shall not be located in any front or side yard.
A. 
Buildings shall comply with the setback requirements of the underlying zoning district. Swimming pools, tennis courts, and similar exterior sports courts or fields may be considered part of a community center and shall be set back 30 feet from any abutting residential zoning district and shall be screened.
B. 
No off-street parking or loading area shall be permitted within 10 feet of a side or rear lot line.
Conversion of single-family, two-family and multifamily dwellings which increases the number of dwelling units in the zoning districts where authorized shall be subject to the following requirements:
A. 
Each dwelling unit shall contain a minimum of 800 square feet of gross floor area.
B. 
Each dwelling unit shall have separate living, sleeping, kitchen and sanitary facilities.
C. 
The proposed conversion dwelling shall meet the minimum lot and area requirements for similar dwelling types authorized within the district in which it is located.
D. 
Each dwelling unit shall have a separate entrance, either directly from the outside or from a common corridor inside the structure.
E. 
Conversion of detached garages or other accessory structures to dwelling units shall not be considered conversion dwellings and shall not be permitted.
F. 
Conversion dwellings shall provide an additional one off-street parking space for each dwelling unit. The paving and design of the off-street parking spaces shall be in compliance with the requirements of Article VI, Parking. Off-street parking areas for more than three vehicles shall be screened by using Buffer Yard C.[1]
[1]
Editor's Note: See § 260-501, Screening and landscaping, Subsection B, Buffer yards.
G. 
Conversion dwellings shall provide continuity in architectural design and shall incorporate any proposed construction into the existing structural features.
Day-care center or home-based day-care facility, subject to:
A. 
The facility shall be registered with or licensed by the Commonwealth of Pennsylvania.
B. 
Outdoor play areas shall be provided which shall have a minimum area of 65 square feet per child and which shall be secured by a fence with self-latching gate. The location of the outdoor play area shall take into account the relationship to adjoining properties.
C. 
The general safety of the property proposed for a day-care center or home-based day care shall meet the needs of small children. There shall be no potential hazards in the outdoor play area.
D. 
The site shall be provided an adequate area for safe child dropoff and pickup. Areas for dropoff and pickup shall be safe for vehicle traffic and typically be separated from normal vehicle traffic (except home-based day-care facilities do not require separate vehicle traffic) and shall not cause traffic congestion or unsafe traffic circulation either on site or on the adjacent public streets.
A. 
A queuing lane(s) at least five car lengths shall be provided for each drive-through lane and shall be designed for ease of traffic circulation and to minimize congestion.
B. 
All stacking and queuing shall be provided on site.
C. 
Direct access to drive-through facilities in the MU Zoning District shall be generally encouraged from side and rear yards where possible.
D. 
Drive-through lanes shall be distinctly marked by traffic islands a minimum of five feet in width. A separate circulation drive shall be provided for passage around and escape from the outermost drive-through service lane. The Borough may consider alternative designs when it is demonstrated that the drive-through is screened from view and that traffic and pedestrian circulation is improved.
E. 
The canopy shall be architecturally compatible with the principal building.
See "automobile service and repair."[1]
[1]
Editor's Note: See § 260-406.05, Automobile service and repair.
A. 
A group home shall not include any use identified as treatment center.
B. 
The facility shall have adequate trained staff supervision for the number and type of residents. If the staffing of the facility has been approved by a state or county human service agency, then this requirement shall have been deemed to be met.
C. 
The applicant shall provide evidence of any applicable federal, state or county licensing or certification to the Zoning Officer.
D. 
The group home shall register, in writing, its location, general type of treatment/care, maximum number of residents and sponsoring agency with the Zoning Officer.
E. 
The group home shall meet the parking requirements of Article VI.
F. 
If a group home is in a residential district, an appearance shall be maintained that is closely similar to nearby dwellings, and no sign shall identify the use.
G. 
The persons living on site shall function as a common household unit which shares living and kitchen facilities.
H. 
The applicant shall notify the local ambulance and fire services of the presence of the group home and the type of residents.
I. 
An off-street parking space shall be provided for the largest vehicle that serves the use.
J. 
The building shall have lighted exit lights, emergency lighting and interconnected smoke alarms.
A. 
The applicant shall prove that the heliport has been located and designed to minimize noise nuisances to other properties.
B. 
The Board may place conditions on the size of helicopters, frequency of use, setbacks and hours of operation to minimize nuisances and hazards to other properties. Provided that the conditions do not conflict with safety or federal or state regulations, the Board may require that the majority of flights approach from certain directions and not from other directions that are more likely to create nuisances for residential areas.
C. 
Evidence of compliance with all applicable regulations of the Federal Aviation Administration (FAA) and Pennsylvania Department of Transportation, Bureau of Aviation, shall be submitted.
D. 
The helicopter landing pad shall be paved, level and maintained dirt-free. Rooftop pads shall be free of all loose stone and aggregate.
E. 
An application for a helipad on a roof shall be accompanied by a certification by a registered engineer that the loads imposed by the helicopter will be supported by the structure.
F. 
Maintenance of aircraft shall be prohibited, except for maintenance of an emergency nature.
G. 
There shall be no storage of fuel at the helipad.
H. 
The helipad shall be fenced and secured at all times to preclude access by the general public.
I. 
Clear areas for emergency landings of the helicopter in the event of mechanical failure shall be provided. These emergency landing areas shall be located within the normal glide range of the helicopter with one engine off when operating in the approved takeoff or landing lane from the helipad.
J. 
Lighting shall be shielded away from adjacent properties.
A. 
Home occupations have the potential to impact surrounding properties, but when operated in a manner that takes into consideration the surrounding properties and neighborhood, home occupations can function with minimal impacts. As such, home occupations must demonstrate to the Borough that all activities and functions associated with the home occupation will not adversely impact the surrounding properties and neighborhood.
B. 
Off-street parking must be provided in accordance the Article VI, Parking.
C. 
Not more than two employees other than family members residing at the location shall participate or work at the home occupation.
D. 
No home occupation that would cause undue noise, traffic, or other intrusion upon the neighborhood shall be permitted.
E. 
A home occupation shall not change the outward appearance of the residential structure.
F. 
No more than 25% of the structure or structures shall be used for the home occupation purposes.
G. 
Only one sign not exceeding six square feet shall be permitted announcing the name of the home occupation. Signs shall not be illuminated in any manor.
H. 
Home occupations shall only operate between the hours of 8:00 a.m. and 9:00 p.m.
I. 
Not more than one home occupation shall be permitted per dwelling unit.
J. 
No exterior storage of material of any type shall be permitted.
Large solar energy production facilities shall be subject to the following regulations:
A. 
The layout, design, and installation of large solar energy production facilities shall conform to applicable industry standards, including those of ANSI, Underwriters Laboratories (UL), ASTM, or other similar certifying organizations and shall comply with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999,[1] as amended, and with all other applicable fire- and lifesafety requirements. The manufacturer specifications shall be submitted as part of the application.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
B. 
All on-site utility and transmission lines extending to and from the large solar energy production facility shall be placed underground.
C. 
All large solar energy production facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way.
D. 
Large solar energy production facilities mounted on the roof of any building shall be subject to the maximum height regulations specified within each zoning district.
E. 
The owner shall provide evidence in the form of stamped plans certified by a professional engineer that the roof is structurally sound.
F. 
All ground-mounted and freestanding solar collectors of large solar energy production facilities shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate.
G. 
A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.
H. 
For a building-mounted system installed on a sloped roof that faces the front yard, the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and the highest edge of the system.
I. 
Building-mounted systems mounted on a flat roof shall not be visible from the public right-of-way immediately adjacent to the property at ground level. System components can be screened with architectural treatments such as a building parapet walls or other screening or by setting the system back from the roof edge in such a way that it is not visible from the public right-of-way at ground level.
J. 
For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed three feet above the highest point of the roofline to which it is attached.
K. 
For a building-mounted system installed on a flat roof, the highest point of the system shall not exceed six feet above the roof to which it is attached.
L. 
The surface area of ground-mounted systems, regardless of the mounted angle of any portion of the system, is considered impervious surface and shall be calculated as part of the lot coverage limitations for the zoning district in which it is located.
M. 
No signage or graphic content may be displayed on the system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.
N. 
Vacation, abandonment and/or decommissioning of solar facilities:
(1) 
The solar energy production facility owner is required to notify the Borough immediately upon cessation or abandonment of the operation.
(2) 
Discontinuation/abandonment is presumed when a solar system has been disconnected from the net metering grid for a period of six continuous months or has not produced electricity for a period of six months. The burden of proof in the presumption of discontinuation/abandonment shall be upon Wilkinsburg Borough.
(3) 
The solar facilities and all related equipment must be removed within 12 months of the date of discontinuation or abandonment or upon the determination of the useful life of the solar system.
(4) 
For ground-mounted and building-mounted systems, removal includes removal of all structural and electrical parts of the ground- or building-mounted system and any associated facilities or equipment and removal of all net metering equipment.
(5) 
If the owner fails to remove or repair the vacated, abandoned or decommissioned solar facilities within the twelve-month period outlined above, the Borough reserves the right to enter the property, remove the system and charge the landowner and/or facility owner and operator for all costs and expenses, including reasonable attorney's fees, or pursue other legal action to have the system removed at the owner's expense.
(6) 
Any unpaid costs resulting from the Borough's removal of a vacated, abandoned or decommissioned solar system shall constitute a lien upon the property against which the costs were charged. Each such lien may be continued, recorded and released in the manner provided by the general statutes for continuing, recording and releasing property tax liens.
O. 
At the time of issuance of the permit for the construction of the large solar energy production facility, the owner shall provide financial security in form and amount acceptable to the Borough to secure the expense of dismantling and removing said structures.
Large wind energy production facilities shall be subject to the following regulations:
A. 
The layout, design, and installation of large wind energy production facilities shall conform to applicable industry standards, including those of the ANSI, Underwriters Laboratories (UL), the ASTM, or other similar certifying organizations and shall comply with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended,[1] and with all other applicable fire- and lifesafety requirements. The manufacturer specifications shall be submitted as part of the application.
[1]
Editor's Note: See 35 P.S. 7210.101 et seq.
B. 
Large wind energy production facilities shall not generate noise which exceeds 55 decibels measured at any property line.
C. 
All on-site utility and transmission lines extending to and from the large wind energy production facility shall be placed underground.
D. 
All large wind energy production facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Staff regulation shall not be considered a sufficient braking system for overspeed protection.
E. 
Large wind energy production facilities shall not be artificially lighted, except to the extent required by the FAA.
F. 
Wind turbines and towers shall not display advertising, except for reasonable identification of the large wind energy production facility's manufacturer. Such sign shall have an area of less than four square feet.
G. 
Wind turbines and towers shall be a nonobtrusive color such as white, off-white or gray.
H. 
All large wind energy production facilities shall, to the extent feasible, be sited to prevent shadow flicker on any occupied building on an adjacent lot.
I. 
A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.
J. 
All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.
K. 
No portion of any large wind energy production system shall extend over parking areas, access drives, driveways or sidewalks.
L. 
All large wind energy production facilities shall be independent of any other structure and shall be located a minimum distance of 1.1 times the turbine height from any inhabited structure, property line, street right-of-way, or overhead utility line.
M. 
The minimum height of the lowest position of the wind turbine shall be 30 feet above the ground.
N. 
All large wind energy production facilities shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate, or the wind turbines' climbing apparatus shall be limited to no lower than 12 feet from the ground, or the wind turbines' climbing apparatus shall be fully contained and locked within the tower structure.
O. 
The large wind energy production facility owner is required to notify the Borough immediately upon cessation or abandonment of the operation. The large wind energy production facility owner shall then have 12 months in which to dismantle and remove the large wind energy production facility from the lot. At the time of issuance of the permit for the construction of the large wind energy production facility, the owner shall provide financial security in form and amount acceptable to the Borough to secure the expense of dismantling and removing said structures.
A. 
A development narrative shall be submitted which accurately describes the nature of the medical services being offered and by whom.
B. 
An existing structure proposed for adaptive reuse shall be brought into compliance with all current building codes and other applicable Borough, county, and state regulations prior to occupancy.
A. 
For any building (or portion thereof) which is proposed to contain a methadone treatment facility, the lot upon which such building (or portion thereof) sits shall not be located closer than 500 feet (or the then current Pennsylvania statutory-provided distance, whichever is greater) to a lot utilized for an existing school, public playground, public park, residential housing area, residential lot, single-family dwelling, child-care facility, church, meeting house or other actual place of regularly scheduled religious worship established prior to the proposed methadone treatment.
B. 
Notwithstanding Subsection A above, a methadone treatment facility may be established and operated closer than 500 feet (or the then current Pennsylvania statutory-provided distance, whichever is greater) to a lot utilized for an existing school, public playground, public park, residential housing area, residential lot, single-family dwelling, child-care facility, church, meeting house or other actual place of regularly scheduled religious worship established prior to the proposed methadone treatment facility, if, by majority vote, the governing body approves a use for said facility at such location. At least 14 days prior to any such vote by the governing body, one or more public hearings regarding the proposed methadone treatment facility location shall be held within the municipality pursuant to public notice. All owners of real property located within 500 feet of the proposed location shall be provided written notice of said public hearing(s) at least 30 days prior to said public hearing(s) occurring.
C. 
All buildings proposed to contain a methadone treatment facility shall fully comply with the requirements of the then current edition of the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended, and as adopted by the Borough of Wilkinsburg.[1]
[1]
Editor's Note: See 35 P.S. § 7210.101
D. 
In addition to the otherwise required number of parking spaces specified by Article VI of this chapter for the usage of the building proposed for a methadone treatment facility, additional parking shall be required specifically for the methadone treatment facility at a rate of one additional parking space for each 200 square feet of area devoted to the methadone treatment facility.
E. 
Each building or portion thereof proposed for use as a methadone treatment facility shall have a separate and distinct entrance utilized solely for direct entrance into the methadone treatment facility. Such separate and distinct entrance shall face a major street thoroughfare. Access to the methadone treatment facility shall not be permitted via a shared building entrance or from a shared interior corridor within the building in which it is located.
A. 
Plans shall be submitted and reviewed by the Borough for all mobile home parks in compliance with the Subdivision and Land Development Ordinance of the Borough[1] and all other provisions that apply to a land development.
[1]
Editor's Note: See Ch. 229, Subdivision and Land Development.
B. 
The minimum tract area shall be three contiguous acres. This minimum tract area shall be under single ownership.
C. 
The maximum average density of the tract shall be six dwelling units per acre. To calculate this density, land in common open space or proposed streets within the park may be included, but land within the one-hundred-year floodplain, wetlands and slopes over 25% shall not be included.
D. 
Each mobile/manufactured home park shall include a thirty-five-foot-wide landscaped area, including substantial attractive evergreen and deciduous trees around the perimeter of the site, except where such landscaping would obstruct safe sight distances for traffic. A planting plan for such area shall be approved by the Borough as part of any required use approval. Such landscaped area shall not be required between adjacent mobile home park developments. The same area of land may count toward both the landscaped area and the building setback requirements.
E. 
A dwelling, including any attached accessory building, shall be set back a minimum of 25 feet from another dwelling within the mobile home park, except that unenclosed porches, awnings and decks may be 15 feet from the walls of another dwelling.
F. 
The minimum separation between homes and edge of interior street cartway or parking court cartway shall be 25 feet.
G. 
The minimum principal and accessory building setbacks from exterior/boundary lot lines and rights-of-way of preexisting public streets shall be 50 feet.
H. 
A detached accessory structure or garage shall be separated a minimum of 15 feet from any dwelling units to which the accessory structure is not accessory.
I. 
A minimum of 15% of the total lot area of the entire mobile home park shall be set aside as common open space for the residents. The applicant shall prove that these areas will be suitable for active or passive recreation. If a development will not be restricted to persons over age 55, then the common open space shall, at a minimum, include a rectangular grass field, 100 feet by 200 feet, suitable for free play by young persons. If a development will be restricted to persons over age 55, then the common open space shall, at a minimum, include landscaped paved trails. A recreation building or pool available to all residents of the development may count toward this requirement.
J. 
Streets.
(1) 
Access to individual mobile home spaces shall be from interior parking courts, access drives or private streets and shall not be from public streets exterior to the development.
(2) 
Streets within the mobile home park that provide access to reach 20 or more dwellings shall have a minimum paved cartway of 24 feet, and other local private streets or parking courts serving less than 20 homes shall have a minimum paved cartway of 20 feet.
(3) 
Curbs and sidewalks are not required on the private streets, but all private streets shall meet all other Borough cartway construction standards.
K. 
All units within the mobile home park shall be connected to a public water and a public sewage system. The system shall meet appropriate minimum water pressure/fire flow and hydrant requirements. The applicant shall prove that adequate provisions are made for solid waste disposal.
L. 
Along through streets, a minimum nighttime lighting level of 0.2 footcandle shall be maintained, at no expense to the Borough.
M. 
A manufactured/mobile home park shall comply with all of the same requirements of Borough ordinances that apply to a subdivision or land development of site-built single-family detached dwellings, except for requirements that are specifically modified by this section. This includes, but is not limited to, submission, approval and improvement requirements of the Subdivision and Land Development Ordinance.
A. 
Nightclubs shall cease operations between the hours of 2:00 a.m. and 11:00 a.m.
B. 
There shall be no noise or vibration discernible along any property line greater than the average noise level occurring on adjacent streets and properties.
C. 
All operations shall be conducted within a completely enclosed building, and doors and windows shall remain closed during hours when entertainment is presented.
D. 
The owner/operator of the nightclub shall provide private security, licensed under the laws of the Commonwealth of Pennsylvania, if the maximum permitted occupancy of the nightclub exceeds 100 persons.
E. 
Any nightclub which proposes a maximum permitted occupancy of 200 or more persons shall be located at least 500 feet from any property line which adjoins an R residential zoning district classification.
F. 
Any nightclub which offers adult entertainment, as defined herein, shall be further subject to § 260-406.1, Adult businesses.
A. 
Shall be licensed by the Commonwealth of Pennsylvania.
B. 
The site shall be served by public water and public sewers.
C. 
Water pressure and volume shall be adequate for fire protection.
D. 
Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles.
E. 
The parking and circulation plan shall be referred to the Fire Department for comments regarding traffic safety and emergency access.
A. 
No oil or gas well site, natural gas compressor station, or natural gas processing plant or an addition to an existing oil or gas well site, natural gas compressor station, or natural gas processing plant shall be constructed or located within the Borough of Wilkinsburg unless a zoning permit under this chapter has been issued by the Borough to the owner or operator approving the construction or preparation of the site for oil or gas development or construction of natural gas compressor stations or natural gas processing plants.
B. 
The permit application, or amended permit application, shall be accompanied by a fee as established in the Borough of Wilkinsburg fee schedule.
C. 
When multiple wells are located on the same well pad, a separate permit for each well is required.
D. 
In addition to the other requirements of this chapter, the applicant shall provide to the Borough of Wilkinsburg at the time of application the following information:
(1) 
A narrative describing an overview of the project, including the number of acres to be disturbed for development, the number of wells to be drilled, including DEP permit number(s) for all wells, if available, at the time of submittal and provided when issued later, and the location, number and description of equipment and structures to the extent known.
(2) 
A narrative describing an overview of the project as it relates to natural gas compressor stations or natural gas processing plants.
(3) 
The address of the oil or gas well site, natural gas compressor station or natural gas processing plant as determined by the county 911 addressing program and information needed to gain access in the event of an emergency.
(4) 
The contact information of the individual or individuals responsible for the operation and activities at the oil or gas well site shall be provided to the Borough of Wilkinsburg and all applicable emergency responders as determined by the Borough. Such information shall include a phone number where such individual or individuals can be contacted 24 hours per day, 365 days a year. Annually, or upon any change of relevant circumstances, the applicant shall update such information and provide it to the Borough and all applicable emergency responders as determined by the Borough of Wilkinsburg.
(5) 
A site plan of the oil or gas well site showing the drilling pad, planned access roads, the approximate location of derricks, drilling rigs, equipment and structures and all permanent improvements to the site and any postconstruction surface disturbance in relation to natural resources. Included in this map shall be an area within the development site for vehicles to locate while gaining access to the oil or gas well site configured such that the normal flow of traffic on public streets shall be undisturbed.
(6) 
To the extent that the information has been developed, the applicant shall provide a plan for the transmission of gas from the oil or gas well site. The plan will identify, but not be limited to, gathering lines, natural gas compressor stations, and other midstream and downstream facilities located within the (municipality) and extending 800 feet beyond the (municipality) boundary.
(7) 
A site plan of the natural gas compressor station or natural gas processing plant including any major equipment and structures and all permanent improvements to the site.
(8) 
A narrative and map describing the planned access routes to the well sites on public roads, including the transportation and delivery of equipment, machinery, water, chemicals and other materials used in the siting, drilling, construction, maintenance and operation of the oil or gas well site.
(9) 
The operator shall comply with any generally applicable bonding and permitting requirements for Wilkinsburg roads that are to be used by vehicles for site construction, drilling activities and site operations.
(10) 
A description of, and commitment to maintain, safeguards that shall be taken by the applicant to ensure that the Borough of Wilkinsburg streets utilized by the applicant shall remain free of dirt, mud and debris resulting from site development activities, and the applicant's assurance that such streets will be promptly swept or cleaned if dirt, mud and debris occur as a result of applicant's usage.
(11) 
A statement that the applicant will make the operation's preparedness, prevention and contingency plan available to the Borough and all emergency responders at least 30 days prior to drilling of an oil or gas well and at least annually thereafter while drilling activities are taking place at the oil or gas well site.
(12) 
An appropriate site orientation and training course of the preparedness, prevention and contingency plan for all applicable emergency responders as determined by the Borough. The cost and expense of the orientation and training shall be the sole responsibility of the applicant. If multiple wells/well pads are in the same area (covered by the same emergency response agencies), evidence from the appropriate emergency response agencies that a training course was offered in the last 12 months shall be accepted. Site orientation for each well/well pad shall still be required for the appropriate emergency responders, as determined by the Borough.
E. 
Access.
(1) 
Vehicular access to a natural gas well, oil well or well pad solely via a residential street is not permitted.
(2) 
Vehicular access to a natural gas well, oil well or well pad via a collector street is encouraged.
(3) 
Accepted professional standards pertaining to minimum traffic sight distances for all access points shall be adhered to.
(4) 
Access directly to state roads shall require Pennsylvania Department of Transportation (PADOT) highway occupancy permit approval. Prior to initiating any work at a drill site, the Borough of Wilkinsburg shall be provided a copy of the highway occupancy permit.
(5) 
Access directly to Borough/county roads shall require a driveway permit/highway occupancy permit prior to initiating any work at a well site.
F. 
Height.
(1) 
Permanent structures associated with an oil and gas well site, both principal and accessory, shall comply with the height regulations for the zoning district in which the oil or gas well site is located.
(2) 
Permanent structures associated with natural gas compressor stations or natural gas processing plants shall comply with the height regulations for the zoning district in which the natural gas compressor station or natural gas processing plant is located.
(3) 
There shall be an exception to the height restrictions contained in this section for the temporary placement of drilling rigs, drying tanks, pad drilling and other accessory uses necessary for the actual drilling or redrilling of an oil or gas well. The duration of such exemption shall not exceed the actual time period of drilling or redrilling of an oil or gas well or pad drilling.
G. 
Setbacks/location.
(1) 
Drilling rigs and equipment shall be located a minimum setback distance of one foot for every foot of height of equipment from any property line, public or private street, or building not related to the drilling operations on either the same lot or an adjacent lot.
(2) 
Natural gas compressor stations and natural gas processing plants shall comply with all general setback and buffer requirements of the zoning district in which the natural gas compressor station or natural gas processing plant is located.
(3) 
Well pads shall be set back a minimum of 500 feet from any residential property.
(4) 
Wellheads shall be located 800 feet from any residential property.
(5) 
Recognizing that the specific location of equipment and facilities is an integral part of the oil and gas development and as part of the planning process, the operator shall strive to consider the location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with Wilkinsburg residents' enjoyment of their property and future development activities as authorized by the Borough's applicable ordinances.
H. 
Screening and fencing.
(1) 
Security fencing shall be required at oil or gas well sites during the initial drilling, or redrilling operations.
(2) 
Twenty-four-hour on-site supervision and security are required during active drilling operations.
(3) 
Upon completion of drilling or redrilling, security fencing consisting of a permanent chain-link fence shall be promptly installed at the oil or gas well site to secure wellheads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on the oil or gas well site.
(4) 
Security fencing shall be at least six feet in height equipped with lockable gates at every access point and having openings no less than 12 feet wide. Additional lockable gates used to access oil and gas well sites by foot may be allowed, as necessary.
(5) 
First responders shall be given means to access oil or gas well sites in case of an emergency. The applicant must provide the County 911 Communications Center necessary information to access the well pad in the event of an emergency.
(6) 
Warning signs shall be placed on the fencing surrounding the oil or gas well site providing notice of the potential dangers and the contact information in case of an emergency. During drilling and hydraulic fracturing, clearly visible warning signage must be posted on the pad site.
(7) 
In construction of oil or gas well sites, the natural surroundings should be considered and attempts made to minimize impacts to adjacent properties.
I. 
Lighting.
(1) 
Lighting at the oil or gas well site, or other facilities associated with oil and gas development, either temporary or permanent, shall be directed downward and inward toward the activity, to the extent practicable, so as to minimize the glare on public roads and adjacent properties.
(2) 
Lighting at a natural gas compressor station or a natural gas processing plant shall, when practicable, be limited to security lighting.
J. 
Noise. The operator shall take the following steps to minimize, to the extent possible, noise resulting from the oil or gas well development:
(1) 
Prior to the drilling of an oil or gas well, the operator shall establish a continuous seventy-two-hour ambient noise level at the nearest property line of a residence or public building, school, medical, emergency or other public residence or public facility, or 100 feet from the nearest residence or public building, school, medical, emergency or other public residence or public facility, whichever point is closer to the affected facility. In lieu of establishing the above seventy-two-hour ambient noise level, the operator may assume and use, for the purposes of compliance with this chapter, a default ambient noise level of 55 dBA. The sound level meter used in conducting any evaluation shall meet the American National Standard Institute's standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
(2) 
The operator shall provide documentation of any established seventy-two-hour evaluation, relied upon to establish an ambient noise level greater than 55 dBA, to the Zoning Officer within three business days of such a request.
(3) 
The noise generated during drilling and hydraulic fracturing activities shall not exceed the average ambient noise level as determined by the seventy-two-hour evaluation as identified in Subsection J(1) or default level, whichever is higher:
(a) 
During drilling activities, by more than 10 decibels during the hours of 7:00 a.m. to 9:00 p.m.
(b) 
During drilling activities, by more than seven decibels during the hours of 9:00 p.m. and 7:00 a.m. or by more than 10 decibels during hydraulic fracturing operations. The operator shall inform the municipality of which level (average ambient noise level or default level) is being used.
(4) 
All permanent facilities associated with oil and gas well sites, including, but not limited to, natural gas compressor stations and natural gas processing plants, shall meet the general noise requirements of this chapter. Where a conflict exists, the more stringent requirements shall apply.
(5) 
Effective sound mitigation devices shall be installed to permanent facilities to address sound levels that would otherwise exceed the noise level standards.
(6) 
Natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions shall be constructed so as to mitigate sound levels, or have installed mitigation devices to mitigate sound levels so as to prevent such activity from being a nuisance to nearby residential or public buildings, medical, emergency or other public facilities.
(7) 
If a complaint is received by the Borough regarding noise generated during construction, drilling, or hydraulic fracturing activities, or for natural gas compressor stations, natural gas processing plants or midstream facilities, the operator shall, within 24 hours following receipt of notification, begin continuous monitoring for a period of 48 hours at the nearest property line to the complainant's residential or public building or 100 feet from the complainant's residential or public building, school, medical, emergency or other public facilities, whichever is closer. The applicant shall report the findings to the Borough of Wilkinsburg and shall mitigate the problem to the allowable level if the noise level exceeds the allowable rate.
K. 
As a condition of approval, the applicant shall provide all permits and plans from the Pennsylvania Department of Environmental Protection and other appropriate regulatory agencies within 30 days of receipt of such permits and plans. A narrative describing the environmental impacts of the proposed project on the site and surrounding land and measures proposed to protect or mitigate such impacts shall be provided to the Borough.
L. 
Temporary housing for well site workers on the site is not permitted.
A. 
Outdoor advertising signs shall meet the general requirements for all conditional uses.
B. 
The provisions of Article VII, § 260-709, Outdoor advertising signs, are incorporated herein.
A. 
Weekly religious education rooms and meeting rooms are permitted accessory uses, provided that they are incidental to the place of worship. A primary or secondary school and/or a child or adult day-care center may be approved on the same lot as a place of worship, provided that the requirements for such uses are also met. Buses used primarily to transport persons to and from religious services or a permitted school on the lot may be parked on the lot. Other uses shall only be allowed if all of the requirements for such uses are also met, including being permitted in the applicable district.
B. 
Any place of worship which provides a day-care center shall also meet the express standards and criteria for a day-care center.
C. 
Any place of worship which provides a school shall also meet the express standards and criteria for a school.
D. 
Weekly religious education rooms and meeting rooms are permitted accessory uses, provided that they are incidental to the place of worship.
E. 
Buses used primarily to transport persons to and from religious services or a permitted school on the lot may be parked on the lot but not on public streets. Other uses shall only be allowed if all of the requirements for such uses are also met, including being permitted in the applicable district.
F. 
A maximum of one dwelling unit may be accessory to a place of worship on the same lot to house employees of the place of worship and/or an employee and his/her family. Such dwelling shall meet the maximum number of unrelated persons in the definition of a "family." No other residential use shall be allowed.
G. 
If a building is no longer used as a place of worship, it shall be used for a use allowed in the district or in accordance with the adaptive reuse provisions of this chapter.[1]
[1]
Editor's Note: See § 260-406.1, Adaptive reuse.
H. 
Minimum parking setback from a lot line of an existing dwelling in a residential district shall be 20 feet.
A. 
Dumpster and waste containers shall be screened so as not to be seen from adjacent properties.
B. 
Restaurants shall not play outdoor music, provide outdoor entertainment or otherwise conduct activities on the site which are not directly related to the service of food to patrons.
C. 
Outdoor seating areas shall be treated as they are part of an enclosed building for the purposes of calculating parking and setback requirements.
(NOTE: There are separate standards for an assisted living facility, which is not considered a boardinghouse.)[1]
A. 
Rooming and boarding houses shall have a minimum lot size of one acre.
B. 
Minimum side yard building setback shall be 30 feet.
C. 
Minimum lot width shall be 200 feet.
D. 
Maximum density shall be six bedrooms per 0.5 acre, but in no case shall the lot serve a total of more than 10 persons.
E. 
Each bedroom shall be limited to two adults each.
F. 
A buffer yard with screening shall be provided between any boardinghouse building and any abutting dwelling.
G. 
Rooms shall be rented for a minimum period of five consecutive days.
[1]
Editor's Note: See § 260-406.21, Nursing home; assisted living facility; personal care home.
A. 
Ingress and egress provisions shall be adequate to minimize congestion on adjacent highways and local streets during peak use period.
B. 
All off-street parking lots shall be suitably paved and screened from adjoining residential properties by appropriate plant material or structures as approved by the Borough.
C. 
Fire and safety provisions shall be adequate to meet local and state requirements.
D. 
Schools in residential zoning districts shall be limited to public schools accredited by the commonwealth whose primary purpose is the education and training of children and youths.
E. 
Schools which provide a day-care center shall also meet the express standards and criteria for a day-care center.
F. 
No outdoor children's play equipment, basketball courts or illuminated recreation facilities shall be within 50 feet of a residential lot line.
G. 
The use shall not include a dormitory unless specifically permitted in the district.
Small solar energy systems shall be permitted in all zoning districts as appurtenances to any building or as accessory structures and shall be subject to the following regulations:
A. 
The design and installation of small solar energy system shall conform to applicable industry standards, including those of ANSI, Underwriters Laboratories (UL), ASTM, or other similar certifying organizations and shall comply with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended,[1] and with all other applicable fire- and lifesafety requirements. The manufacturer specifications shall be submitted as part of the application.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
B. 
All small solar energy systems shall be designed and located in order to prevent reflective glare toward any inhabited structure on adjacent lots as well as adjacent street rights-of-way.
C. 
All on-site utility and transmission lines extending to and from the small solar energy system shall be placed underground.
D. 
No part of any small solar energy system shall be located within or above any front yard, along any required yard with street frontage, nor within any required setback of any lot.
E. 
Small solar energy systems mounted on the roof of any building shall be subject to the maximum height regulations specified within each zoning district. The owner shall provide evidence in the form of stamped plans certified by a professional engineer that the roof is structurally sound.
F. 
Small solar energy systems which are ground-mounted or detached from the principal or accessory structure shall not exceed 12 feet in height.
G. 
For a building-mounted system installed on a sloped roof that faces the front yard, the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and the highest edge of the system.
H. 
For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed three feet above the highest point of the roofline to which it is attached.
I. 
For a building-mounted system installed on a flat roof, the highest point of the system shall not exceed six feet above the roof to which it is attached.
J. 
Building-mounted systems mounted on a flat roof shall not be visible from the public right-of-way immediately adjacent to the property at ground level. System components can be screened with architectural treatments such as a building parapet wall or other screening or by setting the system back from the roof edge in such a way that it is not visible from the public right-of-way at ground level.
K. 
The surface area of ground-mounted systems, regardless of the mounted angle of any portion of the system, is considered impervious surface and shall be calculated as part of the lot coverage limitations for the zoning district in which it is located.
L. 
No signage or graphic content may be displayed on the system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.
M. 
The owner shall provide a copy of the letter from the electric utility company indicating that it has received and processed an application for interconnection of renewable generation equipment with the application for a zoning permit. The owner shall provide a copy of the final inspection report or other final approval from the electric utility company to the Borough prior to the issuance of a certificate of use and occupancy for the small solar energy system. Off-grid systems shall be exempt from this requirement.
N. 
Vacation, abandonment and/or decommissioning of solar facilities.
(1) 
The solar facility owner is required to notify the Borough immediately upon cessation or abandonment of the operation.
(2) 
Discontinuation/abandonment is presumed when a solar system has been disconnected from the net metering grid for a period of six continuous months or has not produced electricity for a period of six months. The burden of proof in the presumption of discontinuation/abandonment shall be upon Wilkinsburg Borough.
(3) 
The solar facilities and all related equipment must be removed within 12 months of the date of discontinuation or abandonment or upon the determination of the useful life of the solar system.
(4) 
For ground-mounted and building-mounted systems, removal includes removal of all structural and electrical parts of the ground- or building-mounted system and any associated facilities or equipment and removal of all net metering equipment.
(5) 
If the owner fails to remove or repair the vacated, abandoned or decommissioned solar facilities within the twelve-month period outlined above, the Borough reserves the right to enter the property, remove the system and charge the landowner and/or facility owner and operator for all costs and expenses, including reasonable attorney's fees, or pursue other legal action to have the system removed at the owner's expense.
(6) 
Any unpaid costs resulting from the Borough's removal of a vacated, abandoned or decommissioned solar system shall constitute a lien upon the property against which the costs were charged. Each such lien may be continued, recorded and released in the manner provided by the general statutes for continuing, recording and releasing property tax liens.
O. 
In the event that provisions of this section conflict with the provisions of Article III relating to accessory uses and structures, the more stringent provisions shall apply.
Small wind energy systems shall be permitted in all zoning districts as accessory uses and accessory structures and shall be subject to the following regulations:
A. 
The design and installation of all small wind energy systems shall conform to applicable industry standards, including those of ANSI, Underwriters Laboratories (UL), ASTM, or other similar certifying organizations and shall comply with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended,[1] and with all other applicable fire- and lifesafety requirements. The manufacturer specifications shall be submitted as part of the application.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
B. 
No more than one small wind energy system shall be permitted per lot.
C. 
Small wind energy systems shall not generate noise which exceeds 55 decibels measured at any property line.
D. 
Small wind energy systems shall not be artificially lighted, except to the extent required by the FAA.
E. 
All on-site utility and transmission lines extending to and from the small wind energy system shall be placed underground.
F. 
No part of any small wind energy system shall be located within or above any front yard, along any street frontage, nor within any required setback of any lot.
G. 
All small wind energy systems shall be independent of any other structure and shall be located a minimum distance of one and one-tenth (1.1) times the turbine height from any inhabited structure, property line, street right-of-way, or overhead utility line.
H. 
The maximum height of any small wind energy system shall not exceed the greater of 50 feet or the maximum height of the zoning district in which it is located.
I. 
No portion of any small wind energy system shall extend over parking areas, access drives, driveways or sidewalks.
J. 
The minimum height of the lowest position of the wind turbine shall be 15 feet above the ground.
K. 
All small wind energy systems shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate, or the wind turbine's climbing apparatus shall be limited to no lower than 15 feet from the ground, or the wind turbine's climbing apparatus shall be fully contained and locked within the tower structure.
L. 
Small wind energy systems shall not display advertising, except for reasonable identification of the small wind energy system's manufacturer. Such sign shall have an area of less than four square feet.
M. 
When an accessory building is necessary for storage cells or related mechanical equipment, the accessory building shall not have a floor area exceeding 200 square feet and shall comply with the accessory building requirements specified within each zoning district.
(1) 
Accessory buildings shall not be located within any front yard or along any street frontage, nor within any required setback of any lot.
N. 
The owner shall provide a copy of the letter from the electric utility company indicating that it has received and processed an application for interconnection of renewable generation equipment with the application for a zoning permit. The owner shall provide a copy of the final inspection report or other final approval from the electric utility company to the Borough prior to the issuance of a certificate of use and occupancy for the small wind energy system. Off-grid systems shall be exempt from this requirement.
O. 
The owner of the small wind energy system shall, at the owner's expense, complete decommissioning within 12 months after the end of the useful life of the small wind energy system. It shall be presumed that the wind turbine is at the end of its useful life if no electricity is generated for a continuous period of 12 months.
P. 
The owner of the small wind energy system shall provide evidence that the owner's insurance policy has been endorsed to cover damage or injury that might result from the installation and operation of the small wind energy system.
A. 
Ingress to and egress from solid waste facilities shall be permitted by roads to serve only the solid waste facilities. Street design shall allow a weight limit of 19,000 pounds per axle. Approach and departure traffic routes for a solid waste facility shall not be permitted through local streets primarily intended to provide access to residences in a neighborhood.
B. 
A nonclimbable security fence at least eight feet in height shall be installed around all portions of solid waste facilities directly involved in the storage, handling, and disposal of solid waste.
C. 
All buildings or structures used for the storage, treatment, processing, recycling, collection, recovery, or disposal of solid waste shall be located at least 500 feet from any exterior property line when such property line abuts a residential zoning district.
D. 
The hours of operation shall be limited to from 7:00 a.m. to 7:00 p.m., except that the hours of operation may be extended when the DEP certifies that sanitation conditions require an extension of operating hours.
E. 
Municipal solid waste landfills shall be covered in accordance with the DEP. Exterior lighting shall not cause illumination in excess of one footcandle at any property line, except that internally illuminated signs at the entrance to the landfill may exceed this standard where necessary.
A. 
Taverns and/or bars shall cease operations between the hours of 2:00 a.m. and 11:00 a.m.
B. 
There shall be no noise or vibration discernible along any property line greater than the average noise level occurring on adjacent streets and properties.
C. 
All operations shall be conducted within a completely enclosed building, and doors and windows shall remain closed during hours when entertainment is presented. Outdoor seating areas are permitted in conjunction with taverns or bars that also include restaurant services.
D. 
Any tavern or bar which offers adult entertainment, as defined herein, shall be further subject to § 260-406.2, Adult businesses.
A. 
To the extent possible, co-location on existing broadcast or relay towers shall be investigated by the telecommunications carrier. Where co-location has been demonstrated to be impractical, new broadcast and relay towers may be located in accordance with these provisions.
B. 
The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved. In addition, no antenna shall exceed 200 feet in height.
C. 
Telecommunications facilities when permitted as accessory to existing structures and uses shall be incorporated into the design of the existing structures and/or be screened so as to minimize the visual impact of the facilities. In permitting telecommunications facilities as accessory uses, the Borough may consider items such as impact on surrounding and abutting property; height; screening; location; and setbacks.
D. 
New telecommunications towers and facilities shall provide setbacks (including any guy wire anchors) from any property line a minimum of the largest of the following:
(1) 
One hundred percent of antenna and/or tower height.
(2) 
The minimum setback in the underlying zoning district.
(3) 
Fifty feet minimum.
E. 
A fence shall be required around the facilities and other equipment, unless the antenna is mounted on an existing structure. The fence shall be a minimum of eight feet in height.
F. 
Telecommunications facilities shall be screened from adjacent uses. The Borough may waive the buffer yard requirements if it finds the facilities are remotely located and/or have sufficient existing natural topography and screening such that it will not impact adjacent existing uses or finds the buffer yard screening will not accomplish its intended purpose.
G. 
In order to reduce the number of telecommunications facilities needed in the community in the future, new proposed telecommunications towers shall be required to accommodate other users, including other telecommunications service, and local police, fire, ambulance services and municipal authority and road departments.
H. 
The telecommunications company must demonstrate that it is licensed by the Federal Communications Commission.
I. 
No telecommunications towers may be artificially lighted except as provided for and required by the FAA.
J. 
A land development plan shall be required for all telecommunications facilities sites, showing all proposed structures, building, fencing, buffering, access to public rights-of-way and all other items required in this chapter and the Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 229, Subdivision and Land Development.
K. 
In granting the use, the Borough may attach reasonable conditions warranted to protect the public health, safety, and welfare, including, but not limited to, location, fencing, screening, increased setbacks and the right to use said facilities for public purposes.
L. 
All approvals shall be only for specific telecommunications facilities set forth in the application. No additions or alterations thereto will be permitted without a new application.
Shall be subject to the following standards:
A. 
The keeping of poultry birds, livestock, or other farm animals is not permitted.
B. 
The keeping of bees is permissible subject to the same conditions contained in § 260-406.34, Urban agriculture, accessory use.
C. 
No processing of products grown on the site is permitted.
D. 
All structures shall be subject to any required setbacks of the zoning district but shall in all cases be a minimum of 10 feet from any property line.
E. 
All seed, fertilizer, or similar products shall be stored in a secured, rodentproof container and housed within an enclosed structure.
A. 
It is the intent of this chapter to group similar or compatible land uses into specific zoning districts. Uses which are not specifically listed in the Tables of Authorized Uses (Principal and Accessory) may be permitted upon a finding by the Borough that the proposed use is similar to a use listed in the Tables of Authorized Uses.
B. 
If a property owner or user asserts that a proposed use is not provided for in the Table of Authorized Uses (Principal and Accessory), the property owner or user shall file an application for conditional use with the Borough and which shall review and make a determination if the proposed use is similar to another use contained in the Table of Authorized Principal Uses.
C. 
If the Borough finds the use is similar to an existing use contained in the table, it may permit the use subject to the same conditions and requirements of that use, including the district in which it may be located.
D. 
In considering if a proposed use is similar to an existing use contained in the Table of Authorized Uses (Principal and Accessory), the Borough in not limited to assertions of the applicant that the use is similar to a specific listed use but instead may consider all uses (principal and accessory) contained in the Tables of Authorized Uses.
E. 
If the Borough finds the use is similar to an existing use, all other provisions of this chapter and all codes and ordinances of the Borough shall apply.
[1]
Editor’s Note: Former § 260-406.34, Urban agriculture, accessory use, was repealed 4-5-2017 by Ord. No. 17-004, which ordinance also provided that former § 260-406.35 be renumbered as § 260-406.34.