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]
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.
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.
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:
(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.
(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.
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.
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]
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.
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.
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.
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.
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.
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.
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.
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.
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:
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]
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.
