ANDelibrary.pacounties.org/Documents/Allegheny_County/101... · 2012-04-25 · prevent air, noise...

I I I 1 1 I I I I I I I I I I I I

ARTICLE I

Section 101 Section 102 Section 103 Section 104 Section 105 Section 106 '

Section 107 Section 108

ARTICLE I1

Section 20 1 Section 202 Section 203 Section 204 Section 205 Section 206 Table 200-1 Table 200-2 Table 200-2A

ARTICLE I11

Section 301 Section 302 Section 303

Section 304 Section 305 Section 306 Section 307

CITY OF MCKEESPORT ZONING ORDINANCE

TABLE OF CONTENTS

PAGES

GENERAL PROVISIONS

Short Title Statement of Purposes Community Development Objectives Application of the Regulations Interpretation Repeal of Conflicting Ordinances Validity Effective Date

SCHEDULE OF DISTRICT REGULATIONS

Establishment of District Classifications Zoning District Map and Boundaries Statement of Purpose for Zoning Districts District Regulations Lot, Yard and Height Regulations and Exceptions Additional Standards Authorized Uses By Zoning District Area and Dimensional Standards By Zoning District Area and Dimensional Standards, RDM & RDY District

CONDITIONAL USES AND SPECIAL EXCEPTIONS

General Provisions Application Procedure Coordination of Conditional or Special Exception Use Approval With Other Approvals and Ordinances General Standards and Criteria Standards and Criteria for Specific Uses Unified Residential Developments Planned Unit Development in the RDM District

1 1 1-3 3-4 4-5 5 5 5

6 6-7 7-9 9 9-12 12-16 17-29 30-32 33-36

37 37-39

39 39-40 40-57 58-6 1 62

1

ARTICLE IV

Section 40 1 Section 402 Section 403 Section 404 Section 405 Section 406 Section 407 Section 408 Section 409 Section 4 10 Section 41 1 Section 412 Section 4 13 Section 4 14 Section 4 1 5

ARTICLE V

Section 501 Section 502 Section 503 Section 504 Section 505 Section 506 Section 507 Section 508 Section 509 Section 5 10


TABLE OF CONTENTS (Continued)

SUPPLEMENTAL REGULATIONS

General Intent General Provisions and Exceptions Accessory Uses Fencing, Screening and Maintenance Requirements Swimming Pools Radio, Television or Satellite Dish Antennas Home Occupations Signs Off-street Parking Requirements Off-street Loading Requirements Temporary Uses Site Development Standards Floodplain Management Regulations Storage of Recreational Vehicles Storage of Commercial Vehicles and Construction Equipment

ENVIRONMENTAL PERFORMANCE STANDARDS

Applicability Fire and Explosive Hazards Toxic, Hazardous and Radioactive Materials Air Pollution and Odors Glare Noise Vibration Storage Determination of Compliance Airport Hazard Areas

11

PAGES

63 63 63-66 66-67 67 68-69 69-70 70-8 1 8 1-87 87-89 89-90 91 91 91

91

92 92 92 92-93 93 93-94 94-95 95 95 95

I I I I I I I I I I I I I I I I I I I

I I 1 I 1

ARTICLE VI

Section 601 Section 602 Section 603 Section 604

Section 605

Section 606 Section 607 Section 608 Section 609 Section 6 10 Section 61 1

ARTICLE VI1

Section 70 1 Section 702 Section 703 Section 704 Section 705 Section 706 Section 707 Section 708

ARTICLE VI11

Section 801 Section 802


TABLE OF CONTENTS (Continued)

PAGES

NON-CONFORMITLES

Definitions Continuation Unlawfid Use Not Authorized Alterations, Repair, Enlargement, Reconstruction of Non-Conforming Structures Alteration, Enlargement or Expansion of a Non-Conforming Use Change of Non-Conforming Use Abandonment of Non-Conforming Use Non-Conforming Lot of Record Termination of Non-Conforming Signs Historic Landmarks District Changes

ADMINISTRATION AND ENFORCEMENT

Zoning Officer Required Zoning Permits Schedule of Fees Zoning Hearing Board Appeals Applicability of Judicial Remedies Amendments to the Zoning Ordinance Map Enforcement

DEFINITIONS

Rules of Interpretation Definitions

96 96 96

96-97

97-98 98-99 100 100- 101 101 101 101

102- 103 103-105 105

115 115

105-1 15

115-1 18 118-120

121 121-140

... 111

ARTICLE I

GENERAL PROVISIONS

101 SHORT TITLE

This Ordinance shall be known and may be cited as the "McKeesport Zoning Ordinance," and the zoning district map shall be known and may be cited as the "Official McKeesport Zoning Map."

102 STATEMENT OF PURPOSES

The fundamental purpose of this Ordinance is to promote the safety, health, convenience and general welfare; to encourage the most appropriate use and reuse of land throughout the City; to conserve and stabilize the value of property; to prevent overcrowding of land and buildings; to avoid undue concentration of population; to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate open spaces for light and air; to facilitate adequate provision of roads, water, sewerage, drainage and other public facilities; to conserve life, property and natural resources; and to conserve the expenditure of funds earmarked for public improvements.

103 COMMUNITY DEVELOPMENT OBJECTIVES

The following statement of Community Development Objectives identifies short and long-term land use and development objectives for the City and provides a legal basis for the specific provisions of this Ordinance.

A. Residential Objectives

1. Continue efforts to preserve, enhance and upgrade the City's established residential neighborhoods.

2. Provide a diversity of housing types to meet the needs of various age and income groups. Assure that each type of housing develops in appropriate locations consistent with existing neighborhood character and site suitability.

3. Prevent the intrusion of incompatible land uses into residential areas.

1

I I I I I I I I I 1 1 I I I I I I I i

B. Commercial Objectives

I

I

1. Support and encourage continued development and improvement of the downtown business district.

2. Provide suitable locations within residential areas for convenience commercial uses to serve local residents.

3. Ensure adequate off-street parking and loading areas for existing and new businesses.

C. Industrial Objectives

1. Revitalize the City's economic base by providing suitable locations for new and expanded industrial uses.

2. Develop strategies to promote the reuse and redevelopment of vacant industrial sites and buildings in a manner that is consistent with the City's overall land use objectives.

3. Establish performance standards for industrial uses including provisions for adequate traffic access, parking and loading, buffer areas, landscaping, and attractive signing, as well as standards to prevent air, noise and water pollution and similar negative environmental effects.

D. Community Facilities and Services Objectives

1. Assure that all portions of the City have reasonable access to public utility services (water supply, sewage disposal, gas electric, etc.) and that future developmenVreuse provides for the extension and/or upgrading of these services as necessary.

2. Improve accessibility to a variety of leisure-time activities based on population needs. Cooperate with other Mon-Valley communities to increase recreational alternatives and share program costs.

3. Maintain and upgrade City streets and plan for the orderly extension or relocation of streets to serve new or redeveloped areas.

4. Ensure that all portions of the City are well served by police, fire and other emergency services.

2

E. Environmental Objectives

1. Recognize the Monongahela and Youghiogheny Rivers as important amenities for the City; work to increase the public's access to and enjoyment of the rivers.

2. Develop standards which limit use and development of sensitive environmental areas, such as floodplains, areas of steep slope (over 15 percent slope), landslide-prone soils, and unique natural habitats.

3. Implement regulations to minimize the potential hazards from inadequately controlled stormwater runoff or excessive soil erosion and sedimentation resulting from land alteration activities.

104 APPLICATION OF THE REGULATIONS

A. Uniformity of Regulations and Exceptions

The regulations established by this Zoning Ordinance shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except that additional classifications may be made within any district for the purposes of:

1. making transitional provisions at or near the boundaries of districts;

2. regulating nonconforming uses and structures;

3. regulating, restricting or prohibiting uses and structures at or near major thoroughfares, their intersections and interchanges, natural or artificial bodies of water; places of relatively steep slope or grade; public buildings and grounds; places having unique historical or patriotic value or interest; floodplain areas and other places having a special character or use affecting or affected by their surroundings. Among several classes of zoning districts, the provisions for permitted uses may be mutually exclusive, in whole or in part.

B. Compliance

1. No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, except in conformity with all applicable provisions of this Ordinance.

3

I I I I I I 1 I 1 1 I I I 3 I I I I I

P I

I I

I 1 I)

2. No changes shall be made in the contour of the land; no grading; excavation; removal or destruction of topsoil, trees or other vegetative cover of land shall be commenced until the Zoning Certificate has been issued in compliance with the terms of this Ordinance.

C. Future Annexations

All territory which may hereafter be annexed to the City of McKeesport shall be considered to be in the R-1 Residential District until otherwise classified.

D. Reclassification of Public Facility If Use Ceases

In the case that any public building, facility or land area, such as a school, recreation area, community center or municipal building, ceases to be used according to its intended function, the City Planning Commission shall study the existing zoning classification of the property on which the said use is located and shall make recommendations to City Council on any necessary zoning changes to ensure a suitable reuse of the parcel. This study and recommendation shall be made by the Planning Commission within ninety (90) days of the notification by the appropriate public entity of the intent to terminate the existing use of the property.

E. Pending Building Permits

1. Nothing in this Ordinance shall require any change in construction or use of any structure for which a building permit was lawfully issued prior to the effective date of this Ordinance, or any amendment thereto, provided that construction has begun or a contract or contracts have been let pursuant to the permit issued prior to the effective date of this Ordinance.

2. Any building permit which was issued subsequent to the first public hearing on this Ordinance, or any amendment thereto, but prior to the Ordinance's effective date shall be declared void at the time of adoption of this Ordinance, if the structure or use does not conform to the provisions of this Ordinance and if no substantial construction has begun or contract(s) let.

105 INTERPRETATION

A. Wherever the regulations within this Zoning Ordinance are at variance with other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, those which impose the most restrictive requirements shall govern.

4

B. No structure or use which was not lawfully existing at the time of the adoption of this Ordinance shall become or be made lawful solely by reason of the adoption of this Ordinance; and to the extent that said unlawful structure or use is in conflict with the requirements of this Ordinance, said structure remains unlawful hereunder.

C. In interpreting the language of this Ordinance to determine the extent of the restriction upon the use of the property, the language shall be interpreted, where doubt exists as to its intended meaning, in favor of the property owner and against any implied extension of the restriction.

106 REPEAL OF CONFLICTING ORDINANCES

All existing ordinances or parts of ordinances which are contrary to or conflict with the provisions of this Zoning Ordinance are hereby repealed, to the extent necessary to give this Zoning Ordinance full force and effect.

107 VALIDITY

Should any section or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Ordinance as a whole or any part thereof, and the parts or sections remaining shall remain in effect as if the part of the section declared unconstitutional had never been a part thereof.

108 EFFECTIVE DATE

This Ordinance shall take effect immediately upon adoption by City Council.

5

a I I I I 1 1 I 1 1 I 1 1 I 1 1 1 I 8

ARTICLE II

SCHEDULE OF DISTRICT REGULATIONS

201 ESTABLISHMENT OF DISTRICT CLASSIFICATIONS

The City of McKeesport is hereby divided into the following zoning districts:

Residential: R-I Single Family Residential R-2 Residential R-3 Residential R-4 Residential R-5 Residential

Commercial: C-I Neighborhood Commercial C-2 Central Business District C-3 General Commercial

Industrial: 1-1 General Industrial

Specia I: RDY Youghiogheny Riverfront RDM Monongahela Riverfront

202 ZONING DISTRICT MAP AND BOUNDARIES

A. Boundaries Established

1. The boundaries of the various zoning districts are hereby established on the map entitled "Official Zoning Map" on file in the office of the Zoning Officer. This map with all explanatory matter thereon is hereby made part of this Ordinance. The Official Zoning Map shall be dated and signed by the City Clerk certifying that it is the true map adopted by City Council. All amendments shall be identified on the map and similarly certified.

2. The boundaries between districts are, unless otherwise indicated, either the centerline of streets or such lines extended, or parallel lines thereto, or property lines or other physical boundaries and delineations. Where streets, property lines, or other physical boundaries and delineations are not applicable, boundaries shall be determined by scale shown on the Official Zoning Map.

6

1 I I 1 I 1 I I I 1 1 I I I I 1 1 I I

6. Interpretation

Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or in other circumstances not specifically covered above, the Zoning Hearing Board shall interpret the district boundaries.

C. Future Street Vacation

In the event that a street, alley or other way shown on the Zoning District Map is vacated, the property formerly in said street right-of-way shall be included within the zoning district of the adjoining property on either side of said vacated street or way. Where said street forms a zoning district boundary, the new district boundary shall be the new property line created by the former centerline of said vacated street.

203 STATEMENT OF PURPOSE FOR ZONING DISTRICTS

A. R-1 Single Family District: This district is intended to provide suitable locations principally for large lot, single family homes. Variations in dwelling type and density are dossible using the unified residential development. Certain residentially related uses are also allowed as conditional or special exception uses.

6. R-2 Residential District: This district provides for single family homes on moderately sized lots along with certain residentially related uses as conditional or special exception uses.

C. R-3 Residential District: This district includes primarily single and two-family detached dwellings built on smaller lots. Multi-family dwellings are also permitted on sites which provide for adequate off-street parking, yards and other site amenities.

D. R-4 Residential District: This district includes many of the City's older, high density neighborhoods which offer a wide variety of single and multiple family residences. Personal care homes and other specialized housing types are also accommodated in this district subject to certain criteria.

E. R-5 Residential District: This district is intended to provide appropriate areas immediately adjacent to the downtown business district for higher density, multiple-family residential uses along with certain larger institutional facilities.

7

F. C-1 Neighborhood Commercial District: This district provides for small convenience commercial areas within residential neighborhoods. Such districts should occupy a small cohesive area at or near major street intersections or on major transportation routes. Businesses in these districts are limited to those which serve daily consumer needs and do not require extensive parking.

G. C-2 Central Business District: This district encompasses the City's central commercial core and provides for a wide variety of retail and service commercial uses along with business, professional and medical offices, and other related business uses. The orientation of this district is toward the pedestrian rather than the automobile.

H. C-3 General Business District: These districts are located principally along major transportation routes. They provide suitable locations for various retail and service commercial businesses as well as other types of commercial uses, such as building material sales and supply or vehicular sales and repair, that usually require direct automobile access. Selected industrial activities which comply with the performance standards of this Ordinance are also allowed. 0ff;street parking and/or loading, larger lots and buildings are frequently necessary for businesses in these districts.

1. 1-1 General Industrial District: This district is designed to encourage new and expanded industrial activity to enhance the City's role as a regional employment center. The district accommodates a wide range of industrially related uses while requiring improved development and environmental performance standards, reflecting current trends in the region's industrial base.

J. RDY Youghiogheny Riverfront District: This district is designed to capitalize on the City's Youghiogheny riverfront in ways that will foster public access to and enjoyment of the river as well as support the City's economic revitalization. Reflecting the district's proximity to the central business district, it promotes an integrated mixture of commercial, office, residential, recreational and other water-oriented activities.

K. RDM Monongahela Riverfront District: This district encompasses the site of the former U.S. Steel National Tubes Works. The long-range objective is to redevelop this area into a compatible mix of manufacturing, light industrial, railroad and related uses so that it will once again be a major economic generator for the City and surrounding region. Standards for this district, in conjunction with those contained in the City's Subdivision and Land Development Ordinance, encourage creative and high quality site

8

3

I I I 1 I 1 1 1 i

planning and design while minimizing adverse environmental impacts. They also encourage recognition of the site's riv&ront and improved visual access to the riverfront.

204 DISTRICT REGULATIONS

A. Authorized Uses: Except as provided by law or this Ordinance, in each district a building, structure or lot shall be used or occupied only for the purposes specified in Table 200-1, Authorized Uses by Zoning District, which follows and is hereby adopted by reference and declared to be a part of this Ordinance.

1. Uses listed in Table 200-1 as "Permitted" are those authorized by right provided they comply with all applicable requirements contained in this Ordinance.

2. Uses listed in Table 200-1 as "Conditional Uses" are permitted in a zoning district subject to the provisions of Article 3 of this Ordinance and after receiving approval from the City Council.

3. Uses listed in Table 200-1 as "Special Exception Uses" are permitted in a zoning district subject to the provisions of Article 3 of this Ordinance and after receiving approval from the Zoning Hearing Board.

B. Area and Dimensional Requirements: The area and dimensional standards which shall apply to permitted, conditional and special exception uses within each zoning district are set forth in Table 200-2, Area and Dimensional Standards by Zoning District, which follows and is hereby adopted by reference and declared to be a part of this Ordinance.

205 LOT, YARD AND HEIGHT REGULATIONS AND EXCEPTIONS

A. Required Lot Area

1. Any lot together with the required yards and open areas on it shall be equal to or exceed the minimum lot area established for the zoning district in which it is located. In case of a subdivision or combination of lots, no lot shall be created which does not meet the requirements of this Ordinance.

9

I

f a lot once designated as a yard or as lot area per n compliance with the lot area requirements of this

Ordinance, shall not be counted again as a required yard or lot area per dwelling unit for another lot or building, nor shall it be sold as a separate lot.

3. Any portion of a lot which is recorded or otherwise reserved for future streets shall not be used as a factor in determining lot area per dwelling unit or yard dimensions.

6. Access to Public Street: All lots shall have access either directly or via a driveway to a public street. Such driveway shall have a uniform width of not fewer than twelve (12) feet.

C. Front Yards on Corner Lots: street shall provide the required front yards along every street.

Lots which abut on more than one (1)

D. Front Yard Exceptions: Where a structure is proposed to be built on a lot which is situated between two (2) lots on which the existing principal structures have maintained a lesser front, side or rear yard setback, since the enactment of this Ordinance, then the respective front, side or rear yard(s) of the proposed structure may be reduced to the average of the front, side or rear yards(s), as appropriate, of the two (2) abutting structures. This yard exception provision shall apply only in residential zoning districts. However, no side yard shall be reduced to fewer than two and one-half (2 1/2) feet and no rear yard to fewer than five (5) feet.

E. Projections into Required Yards: All structures, whether or not attached to the principal structure and whether open or enclosed including porches, balconies, or other platforms above normal grade level, shall not project into any minimum front, side or rear yard with the following exceptions:

1. A buttress, chimney, cornice, pier, or pilaster which does not project more than eighteen (1 8) inches from the wall of a building may project into a required yard.

2. Balconies or other above-ground platforms and access steps to a structure, not exceeding six (6) feet in width, may extend up to three (3) feet into a required yard.

10

1 1 I 1 I 1 I I I 1 I 1 I 1 I 1 1 1 8

3. A porch for a residential structure may extend into a required yard provided the porch is not more than ten (10) feet in height and is no closer than fifteen (15) feet to any front line, two and one-half (2 1/2) feet to any side lot line or five (5) feet to any rear lot line.

8 I I I 1

4. A patio may be located in a required yard provided it is no closer than three (3) feet to any side or rear lot line or ten ( I O ) feet to any front line.

F. Height Exceptions: Church spires and towers, water towers and tanks, utility poles and towers, cupolas, penthouses, domes not for human occupancy, chimneys, ventilators, skylights, bulkheads, silos, and necessary mechanical or ornamental appurtenances may exceed the maximum height for the zoning district in which they are located. However, the required side yards shall be increased one (1 ) foot for each five (5) feet over forty-five (45) feet in height.

G. Enclosure of Existing Porches: Porches pertaining to an existing single family detached dwelling may be enclosed to provide for additional living space subject to the following:

1. If any other residences in the same block have been permitted a porch enclosure within the porch's established setbacks, then a permit may be issued without a request for a variance.

2. If no other enclosure exists, a permit may be granted under the following conditions:

a. The Zoning Officer will make an on-site inspection to identify adjacent, abutting and tangential (across the street) properties and send a notice of the proposed enclosure by registered mail to the owners of such properties.

b. The Zoning Officer will place a formal notice of the proposed enclosure in the newspaper of general circulation in a format provided by the City and will conspicuously post a copy of the notice on the affected property.

c. If no objections are received within fifteen (15) days of the newspaper notice, the Zoning Officer shall issue the permit. Any objection would require initiation of a formal hearing for a variance in accordance with Article VI1 of this Ordinance.

1 1

d. The applicant shall reimburse the City for all costs to carry out the above described procedures.

206 ADDITIONAL STANDARDS

A. Traffic, Off-street Parking and Loading

1. In each zoning district all uses shall provide off-street parking and/or loading spaces in accordance with the provisions of Section 409 and 410 of this Ordinance.

2. For any application for zoning approval, a traffic study may be required by the designated approval agent. The study shall be prepared in accordance with the City's Subdivision/Land Development Ordinance. As a condition of approval, the applicant shall be required to submit a plan to minimize or eliminate any problems identified by the study.

B. Townhouse and Multi-family Developments

1. Townhouse or multi-family developments with more than one (1) principal building shall be arranged so as to:

a. Ensure adequate light and air exposures for buildings with walls containing main window exposures or main entrances. In no case shall any structure be located closer than fifteen (1 5) feet to any other structure when having a side-to-side (wall), rear-to-side, or rear-to-rear orientation; or closer than twenty-five (25) feet when having a front-to-front, front-to-rear or front-to-side orientation;

b. Minimize exposure to concentrated loading or parking facilities; and

c. Provide adequate access for emergency vehicles to all buildings as approved by the City Fire Chief.

2. Multi-family dwellings which are accessory to a commercial structure shall comply with the standards for conversions in Section 206-C.

12

I I 1 I I I 1 I 1 1 I I I 1 I 1 1 I

C. Residential Conversions: Conversions of existing single or two-family dwellings to multi-family dwellings shall comply with the following:

1. The existing lot shall comply with the minimum lot areahnit for multi- family dwellings in the zoning district.

2. The required number of off-street parking spaces for multi-family dwellings shall be provided. No off-street parking shall be permitted in a front yard; parking may be provided in a side or rear yard, provided it is visually screened from the street and adjacent properties (See Article IV).

3. No individual dwelling unit shall contain fewer than seven hundred (700) square feet of floor area and shall include kitchen and bath facilities.

4. All units shall comply with applicable requirements of the Pennsylvania Department of Labor and Industry regulations.

5. No dwelling unit shall be located in a cellar which is wholly below grade, and no separate unit shall be located on the third floor of a wood frame building.

6. All dwelling units shall have adequate light and air exposure.

7. Any outdoor trash or garbage storage shall be screened from a public street or adjacent property.

D. Commercial Districts

1. Unless otherwise authorized by this Ordinance, all uses in C-I and C-2 districts shall be conducted wholly within an enclosed building; in C-3 districts the outdoor storage of materials or equipment may be approved in a side or rear yard provided such area is separated from any public street or abutting property by a minimum six (6) foot buffer yard. Temporary sale of merchandise in front of the premises may be permitted only as a seasonal sale or seasonal sidewalk sale, subject to the provisions of Section 41 1 of this Ordinance.

2. Unless otherwise authorized by this Ordinance, there shall be no manufacturing, compounding, processing or treating of products other than that which is clearly incidental and essential to the commercial store or business. Any items so manufactured on the premises shall be sold at retail on the premises only; transfer of such products for sale at other locations is prohibited.

13

E. Industrial, Special Districts

1. Outdoor storage of materials, products or equipment may be maintained in a side or rear yard if such area is separated from any public street or abutting property by a minimum fifteen (I 5) foot buffer yard.

2. No building on an industrial property shall be used for residential purposes, except that a security guard or custodian may reside on the premise.

3. Any use in these districts shall demonstrate that it complies with the performance standards of Article V of this Ordinance. City Council may deny approval of any proposed use or activity, which is otherwise authorized by this Ordinance, if the applicant fails to demonstrate compliance with all applicable provisions of Article V as well as applicable federal, state or county laws or regulations.

F. Buffer Yards

1. Purpose: A buffer yard is intended to separate land uses which differ in terms of visual, functional or operational characteristics and, therefore, may negatively impact one another.

2. Approval: For permitted uses, requirements for buffer yards shall be approved by the Planning Commission. For any conditional or special exception use, requirements for buffer yards shall be determined by City Council or the Zoning Hearing Board, as appropriate, as part of the special use approval.

3. Rules for Providing Buffer Yards

a. Buffer yards will typically be required along side and rear lot lines only. However, a buffer yard may be required at any location on the lot where the approving agent determines it necessary to achieve the purposes of this section.

b. Buffer yards shall be in addition to the yard requirements otherwise applicable to the lot (See Table 200-2).

c. The developer of a use shall be responsible for providing the required buffer yard according to the following rules:

14

1. If a use is proposed adjacent to an existing use or vacant land of a different zoning classification, the proposed use shall provide all of the required buffer yard.

2. If two (2) uses are proposed for adjacent sites being developed at the same time, each shall provide half of the required buffer yard.

3. If a use is proposed for a site which is a part of a larger area for which a land development plan has been approved, then the proposed use shall provide half of the buffer yard between it and the proposed uses shown adjacent to it on the approved plan.

4. General Standard: A buffer area shall provide a year-round visual screen and may consist of one or a combination of the following:

a. Evergreen and deciduous plant material of varying species;

b. A natural or artificial land form or wooded area, provided such area is preserved from future development by easement, deed restriction, covenant or similar measure; or

c. A fence or wall between five (5) and eight (8) feet in height with at least sixty (60%) percent of the surface being opaque.

5. Minimum Size: buffer yard, the following standards shall apply:

In establishing the minimum width or depth of a

Adjacent Use Proposed Use Classification Classification Commercial Industrial Institutional

Residential 6 ft. 20 ft. 10 ft.

Commercial --____ 10 ft. 10 ft.

Industrial 15 ft. 10 ft. 15ft

------- Institutional 10 ft. 15 ft.

(The Institutional category above covers public and semi-public uses including schools, churches, hospitals, institutional care facilities, recreational facilities, public buildings and public/essential services)

15

6. Size Variations

a. Where the applicant proposes to use a fence or wall as part of the buffer yard, the minimum required width of the buffer yard may be reduced by twenty-five (25%) percent provided the proposed fence and/or wall adequately accomplishes the purposes of this Section.

b. The approving body may authorize a modification in the otherwise applicable buffer area requirements where it determines that: (1) a greater buffer area, or an element thereof, is required to accomplish the purposes of this Ordinance; or (2) the changes in elevation between abutting properties or other natural features exist such that they decrease or eliminate the need for the buffer area at the points where the buffer area is required by this Ordinance.

7. Uses in Buffer Yards: No structure shall be permitted within a required buffer area (except an authorized fence, wall or sign), nor shall a buffer area be used for parking, loading, vehicular circulation, storage or any other purpose. A driveway providing direct access to the use may transverse the buffer yard.

8. Design and Maintenance: The design, construction and maintenance of a required buffer yard shall comply with the standards contained in the City Subdivision and Land Development Ordinance.

16

\%?I ,\4 TABLE 200-1 AUTHORIZED USES BY ZONING DISTRICT

R-I Single Family Residential Districts

Permitted Uses

Single Family Detached

Customary residential accessory uses

Recreational faci I i ty, public or non-profit

Public/essential service

-

Conditional Uses

Unified residential development

Group living arrangement

School

Cemetery

Farm

Nursery, Greenhouse

Manufactured (mobile) home park

Public use or building

Communications tower

Special Exceptions

Day care center, adult or children, ancillary to an existing school or place of worship

Place of Worship

I R-2 RESIDENTIAL DISTRICTS

I Permitted Uses I Conditional Uses I Special Exceptions

Single family detached dwelling

Customary residential accessory use

Recreational facility, public or non-profit



School

Public building or use

Customary accessory uses to the above

Com mu n icat ions tower

Day care center, children or adults, ancillary to an existing school or place of worship

Place of worship

17

1 1 I 1 I 1 1 1 I 1 1 1 1 1 1 I 1 1 i

I I I I I ID D I 1 I 1 1 I

TABLE 200-1 AUTHORIZED USES BY ZONING DISTRICT CONTINUED

~~ ~

R-3 RESIDENTIAL DISTRICTS

Permitted Uses

Single family detached dwel I in g

Two-family detached dwel I ing


Recreational facility, public or non-profit


Publiclessential service

Conditional Uses

Townhouse dwelling

Multi-family dwelling


School


Communi cations tower

, 1 1 :I ‘ I 8

18

Special Exceptions

Day care center, children or adults, ancillary to an existing school or place of worship

Place of worship


R-4 RESIDENTIAL DISTRICTS

Permitted Uses

Single family detached dwelling

Two-family detached dwelling

Townhouse dwelling


Recreational faci I ity, public or non-profit



Conditional Uses

Mu It i -fam i I y dwe I I i ng


Personal care home

Institutional facility

School



19

Special Exceptions

Day care center for children or adults

Place of Worship

1 1 I 1 1 1 I I I 1 I 1 I 1 I I 1 1 1


R-5 RESIDENTIAL DISTRICTS ~~~~ ~

Permitted Uses

Townhouse dwelling

Mu It i -fam i I y dwe I I i ng

Boarding or rooming house




Pu bl iclessent ial service

Conditional Uses


Personal care home


Group home

Nursing home

Hospital with customary uses such as out-patient clinic, medical offices, laundry and educational faci I it ies

Medical office building

Convenience retail or service establishment accessory to any multi- family structure or medical office building provided the total area for all such uses shall not exceed 15% of the gross floor area

School

Cemetery


Com mun icat ions tower

Special Exceptions

3ay care center for 2hildren or adults

Place of worship

20


C-1 NEIGHBORHOOD COMMERCIAL DISTRICTS

Permitted Uses

Convenience retail business

Personal service business

Business, professional office

Day care center

Commercial school (arts, music, etc.)

Veterinary office except any kennel


Pu bl ic/essent ial service

Customary business accessory uses

Conditional Uses

Medical office

Funeral home

Eating/drinking establishment (conventional)

Private club

Personal care home

Customary accessory uses to above


21

Special Exceptions

Multi-family dwelling accessory to an existing commercial structure

Place of worship


1 I I 1 1 I 1 1 1 I I I I I 1 I 1 1 I


~ ~

C-2 CENTRAL BUSINESS DISTRICTS

Permitted Uses

Tetail business

Service business

3usiness, professional, nedical off ices

3ank or financial institution

Funeral home

E at i ng/d ri n ki ng establishment

Commercial school (music, arts, vocational, etc.)

Commercial recreation

Private club

Public parking garage



Customary accessory uses

Conditional Uses

Mu It i-f am i I y dwe I I i ng

3oarding home

Hotel/mot el

Group home


Theater

Amusement arcade

Recreational faci I i ty, public or non-profit


Warehouse or storage


Special Exceptions

Place of worship

Day care center

22


C-3 GENERAL COMMERCIAL DISTRICTS

Permitted Uses

Retail establishment

Service establishment

Business, professional, medical office

Eating/drinking establishment

Bank or financial institution

Funeral home

Commercial school (music, arts, vocational)


Private club

Contractor's office, showroom

Veterinary office, animal hospital or kennel

Automobile, boat or other vehicle sales

Retail nursery, greenhouse or garden supplies

Public parking garage

Conditional Uses

Shopping center including any use authorized in this district

Gasoline service station

Vehicular repair garage

Car wash

Amusement arcade

Railroad trackage, yards, passenger or maintenance facility

Public transportation rights-of-way, passenger, garage or maintenance faci I ity

Printing and publishing establishment

Personal Care Home

Communications Tower

23

Special Exceptions

Day care center

Place of worship

1 1 I I 1 1 I I I 1 I I I 1 I I I 1 1

I 8 I I I I 1


_ _ ~

C-3 GENERAL COMMERCIAL DISTRICTS

Permitted Uses




Conditional Uses

Light industria I involving the production, processing, testing, repair or servicing of clothes or other finished apparel; cabinets, personal leather goods such as luggage, purses, or wallets; jewelry; musical instruments; signs and advertising displays; electronic equipment or instruments; or precision measuring or laboratory equipment

Warehouse or storage



Special Exceptions

24


1-1 GENERAL INDUSTRIAL DISTRICTS

Permitted Uses

Any manufacturing activity that complies with the environmental performance standards of this Ordinance (Article V)

Printing and publishing

Wholesale business; warehouse or storage facility (excluding scrap and waste materials or dismantling for used parts, ordnance, explosives or hazardous materials

Contractor's office, showroom

Vehicular repair garage

Railroad or truck terminal

Publidessential service

Conditional Uses

Research and development

Testing laboratory

Salvage yard

Wholesale business; warehouse or storage handling hazardous materials



25

Special Exceptions

None

1 I I 1 1 1 I 1 I 1 I I I I 1 I 1 1 I

I I I I t I I 8 I I

TABLE 200-1 AUTHORIZED USES BY ZONING DISTRICT CONTlN U ED

RDY YOUGHIOGHENY RIVERFRONT DISTRICTS

Permitted Uses ~~ ~~




Conditional Uses

Townhouse dwelling

Mu It i -fam I I y dwe I I i ng


Retail establishment

Service establishment

Eating/drinking establishment

Business, professional, medical office

Food market, not exceeding 10,000 sq. ft. gross floor area

Arts and crafts shops where goods are manufactured or assembled on premises

Museum or art gallery

Exhibition hall or conference center

Theater except drive-in type, stadium or auditorium


Special Exceptions

26


RDY YOUGHIOGHENY RIVERFRONT DISTRICTS (CONTINUED) ~

Permitted Uses Conditional Uses

Hot e I/mo t e I

Nursing home


Marinas including related boat dockage, clubhouse, locker rooms, equipment sales, eating/drinking facility, and boat service faci I i ties

Boat sales, service and dock facilities

Shopping center

Street vendors engaged in any use authorized in this district



Parking lovgarage, public or commercially operated


27

Special Exceptions

I I I 1 1 I I I I I I I I 1 I I 1 1 I


RDM MONONGAHELA RIVERFRONT DISTRICT

Permitted Uses

The following uses are authorized as permitted uses on lots within a Planned Unit Development which has been approved in accordance with Section 307:

Manufacturing activities including:

Food and food processing (except slaughtering of animals (20)

Textile mills and products (22)

Apparel and fabricated textile products (23)

Saw and planning mills, millwork, cabinetry and other structural wood products (24)

Furniture and fixtures (25)

Paperboard containers and boxes and other converted paper and paperboard products (except pulp, paper and paperboard mills) (26)

Drugs, soaps, detergents, cleaning products, perfumes, cosmetics and other toilet preparations (28)

Permitted Uses (Cont.)

Rubber and plastic products (except tires and inner tubes (30)

Measuring, analyzing and control I i ng instruments (38)

Photographic, medical and optical goods (38)

Watches and clocks (38)

Jewelry, silverware and plated ware (391 )

Musical instruments (393)

Dolls, toys, games, children's vehicles (394)

Sporting and athletic goods (394)

Pens, pencils, crayons and other artists' materials (395)

Costume jewelry and novelties (3961 )

Notions such as buttons, pins, needles and fasteners (3965)

Brooms and brushes (3991)

28

Conditional Uses

Research and development

Testing laboratories

Resource recovery facility

Primary metal industries (33)

Interim uses during redevelopment

Marina, boat docking, marine equipment sales and service

Truck terminals (no storage of freight)

Railroad trackage, stations, freight yards, switching or maintenance facilities

Public transportation rights-of-way, passenger and maintenance facilities

River barge loading and unloading facilities

Helicopter landing area



RDM MONONGAHELA RIVERFRONT DISTRICT

Permitted Uses

Manufacturing Activities (Continued)

Leather and leather products (31 )

Glass, glassware and products made of purchased glass (321, 322, 323)

Ceramic plumbing fixtures, bathroom accessories, electrical supplies, table and kitchen articles and related products (326)

Cut stone and stone products (328)

Abrasive products (except asbestos) (329)

Fabricated metal products (excluding ordnance and accessories) (34)

Industrial and commercial machinery, computer equipment and office machines (35)

Electronic and other electrical equipment and components (36)

Permitted Uses (Conk)

Manufacturing Activities (Continued)

Transportation equipment (37)

Signs and advertising displays (3993)

Burial caskets (3995)

Hard-surface floor coverings (3996)

Printing and publishing (27)

Photo and film processing

Wholesale business; warehouse or storage facility (excluding scrap and waste materials or dismantling for used parts, ordnance, explosives, or hazardous materials)

Business or administrative off ices

Building materials sales

Construction contractor's office or showroom


Conditional Uses

Hotel/motel/i nn

Eating/drinking establishment (except fast food)

Retail or service commercial business as accessory to an authorized office or industrial use

Recreation, public or non- profit (including historical exhibits)

Public use or building

Pu bl iclessent ial services

Note: The number following some use listings is the Standard Industrial Classification (SIC) code for that general type of use. It is included to assist in identifying specific allowable uses within a broader category.

29

1 I 1 1 I 1 1 1 I 1 I I 1 I 1 I I 1 I

I

TABLE 200-2 AREA AND DIMENSIONAL STANDARDS BY ZONING DISTRICT I I I I I 1 1 I I 1 I I I 1 I I I I I

Minimum Yards (ft)

Dist Type of Use

Lot Area (sq. ft.)

Min. Lot

Width (feet)

Max. Lot Cover-

age (W

Max. Height (feet)

- R - H

25

15

25

20

20

-

-

15

15

20

20

20

-

15

15

20

20

-

- F

30

35

20

35

15

15

-

-

-

20

20

20

15

15

-

15

10

15

20

-

- S

10

15

3

15

3

3

-

-

-

5

10

10

2.5

5

-

8

10

5

10

-

30

Princp Acces

R-1 Single Family

Other Uses

8,000

15,000

60

80

--

60

35

35

40

40

35

35

35

35

35

35

35

C*H

35

*

*

*

* -

*

*

*

*

- *

*

*

*

*

*

-

R-2

R-3

R-4

Single Family

Other Uses

4,000 (1)

10,000

Single Family

Two-Family

Townhouse

Mu It i-fam i I y

Other Uses

Single Family

Two- Fam i I y

Town house

Mu It i -fa m i I y

Personal care home

Other Uses

3,000 (1)

3,00O/unit (1)

1,500hnit

1,00O/unit

7,500 (2)

25

30

--

35

35

25

30

35

35

30

35

50

50

50

50

50

2,500 (1)

2,5001unit (1)

1,00O/unit

800/uni t

4,000

7,000 (2)

50

50

50

50

50

50

35

35

35

m*

35

35

I I I I

~9

Dist Type of Use

Max. Lot Cover-

age ("1

Max. Height (feet)

Lot Area (sq. ft.)

Minimum Yards (ft)

Min. Lot

Width (feet) -

R -

F - S Princp Acces

*

*

*

*

*

*

*

Town house

Mu It i -fa m i I y

Personal care home

Other Uses

1,80O/unit

850/un i t

4,000

10,000

15

10

15

20

15

15

20

20

15 -

15

10

50

50

50

50

R-5 35

m*

35

35

35

35

35

I I I I I 1 I I I

I I 8 .I

,I

Personal care

5,000

10,000

2,500

20

20

--

60

60

60

c-1

c-2

c-3

1-1 -

Funeral home, place of worship

Other uses

Mu It i -fam i I y

Other Uses

850/unit

-- (3)

10

--

15

*RI

50

90

70

70

All Uses -- (3) 10 10 (5)

80 40

60

--

All Uses 10,000 25 - 15 - 20 - 70 --

RDM (See Table 300-2A for standards for this District.)

RDY (See Table 300-2A for standards for this District.)

Notes: * See Section 503.3 for height requirements.

** 20% of lot depth.

* 10% of lot depth or not more than 10 feet.

** Determined at the time of conditional use approval.

3 1

1. If a dwelling is located on a block that is sixty percent (60%) or more developed (i.e., subdivided in a recorded plan), the minimum lot area may equal the average area of all existing lots but shall not be fewer than: R-2--3,000 sq. ft.; R-3--2,500 sq. ft.; R-4--2,000 sq. ft.

2. Public buildingluse and recreational facility exempted from minimum lot area.

3. The minimum lot area shall be sufficient to comply with the provisions for yards, lot coverage, parking and loading, buffer yards and any other applicable requirements.

4. Increase to ten ( I O ) feet if abutting a residential district or located on a corner lot.

5. Increase to fifteen (1 5) feet if abutting a residential or special district.

32

I I I I I I I I i 1 I I I 1 I I I I I

I I I

I I I I I I

TABLE 200-2A AREA AND DIMENSIONAL STANDARDS, RDM DISTRICT

1. Lot Area: There is no prescribed minimum lot area for uses or lot dimensions. However, a use's lot area shall be sufficient to meet the requirements of this Ordinance governing lot coverage, setbacks, building spacing, buffer yards, parking and loading and other applicable provisions.

2. Building Setbacks and Spacing: All structures shall comply with the following setbacks or siting standards:

A. Minimum setback from a public street right-of-way: 30 feet

B. Minimum setback from the top of the river bank or from the top edge of a wall abutting the river: 100 feet. This setback shall not apply to any railroad right-of-way, river barge loading or marina facility.

C. All buildings shall be located in a manner to avoid undue exposure to concentrate loading or parking facilities and shall be oriented to preserve visual and audible privacy between adjacent buildings and lots.

D. All buildings shall be sited so that they are readily accessible to emergency vehicles and comply with all applicable City regulations.

E. All uses shall provide buffer yards in accordance with Section 206 - F. Upon recommendation from the Planning Commission, City Council may approve an increase or reduction in the required buffer yard where it deems necessary to minimize potential negative impacts between adjacent land uses.

3. Maximum Lot Coverage: Sixty-seven percent (67%)

4. Maximum Building Height: Sixty (60) feet or four (4) stories, whichever is less, for principal or accessory structures.

A. City Council may designate public view corridors for the district. The purpose of view corridors is to preserve scenic perspectives for viewers at specified public locations outside the RDM District. Within any view corridor, a lesser maximum height standard may be imposed.

33

TABLE 200-2A AREA AND DIMENSIONAL STANDARDS, RDY DISTRICT

1. Lot Area: There is no minimum lot area for uses provided the lot area shall be sufficient to meet the requirements of this Ordinance governing lot coverage, setbacks, building spacing, buffer yards, parking and loading, and other applicable provisions.

2. Residential Density: The gross density for a residential development shall not exceed twenty-five (25) units per acre.

3. Building Setbacks and Spacing: All structures shall comply with the following setbacks or siting standards:

A. Minimum setback from:

1. Public street right-of-way: 30 feet

2. Property line: 15 feet

B. Minimum setback from the top of the river bank or from the top edge of a wall abutting the river: one hundred (1 00) feet. This setback shall not apply to any railroad right-of-way, river barge loading or marina facility.

C. All buildings shall be located in a manner to avoid undue exposure to concentrate loading or parking facilities and shall be oriented to preserve visual and audible privacy between adjacent buildings and lots. Residential developments shall comply with Section 206 B for building spacing.

D. All buildings shall be sited so that they are readily accessible to emergency vehicles and comply with all applicable City regulations.

E. All uses shall provide buffer yards in accordance with Section 206. Upon recommendation from the Planning Commission, City Council may approve an increase or reduction in the required buffer yard where it deems necessary to minimize potential negative impacts between adjacent land uses.

4. Maximum Lot Coverage: Seventy percent (70%)

5. Maximum Building Height: Principal: Forty-five (45) feet; Accessory: See Article IV

34

I I I I I I I I I I I I I 1 I I I I I

I I

I

I I

I

I I

A. City Council may designate public view corridors for the district. The purpose of view corridors is to preserve scenic perspectives for viewers at specified public locations outside the RDY District. Within any view corridor, a lesser maximum height standard may be imposed.

B. All development shall seek to preserve and maximize views of the river from the property and all surrounding properties and public streets.

6. Minimum Open Space: Thirty percent (30%) of total site area.

A. The required open space may include:

1. Area preserved in its natural condition;

2. Area improved for usable or residential open space;

3. Any required buffer area; and

4. Any required riverside setback area.

B. On small sites where the required open space would result in areas of limited usefulness or the required open space would be adjacent to an existing public recreation area, Council may waive all or a portion of the open space requirement of this Section.

C. At least fifty percent (50%) of the required open space for any development shall consist of usable and/or residential (where appropriate) open space in accordance with the following definitions:

1. Residential open space: space provided to serve exclusively the residents of a development, such as private yards, patios, roof top gardens, etc.

2. Usable open space: space developed and maintained for use of the general public and/or users of the development and which contains specific amenities and features extended to encourage use and enjoyment of the open space. Plazas, river walkways, seating areas and similar pedestrian areas may be counted as part of this usable open space.

35

D. Usable and residential open space may include above-ground level facilities such as roof gardens or observation decks and partially enclosed areas such as courtyards. However, such spaces shall not account for more than twenty percent (20%) of the usable and/or residential open space required for the development.

E. Usable open space shall:

1. Not contain vehicular access points, other than for emergency vehicles, that would impede or endanger pedestrians;

2. Be accessible to disabled persons;

3. Be open without restriction to the users of the development or general public (where appropriate) at least during the customary operating hours for the use within the development;

4. Be provided with adequate lighting for all areas which will be accessible during evening hours.

36


I I I I *I I I I I I I I I I I I I I I

ARTICLE 111

CONDITIONAL USES AND SPECIAL EXCEPTIONS

301 GENERAL PROVISIONS

A. Purpose: Conditional or special exception use designation indicates that the use is generally compatible with the permitted uses in the zoning district but requires a determination of appropriateness at a specific location in order to reduce any potential impact on the surrounding area.

B. Approval: Conditional or special exception uses shall be approved or denied by City Council or the Zoning Hearing Board, as appropriate, in accordance with the standards and criteria of this Article and all other applicable requirements of this Ordinance.

C. Limitations: Conditional or special exception approval may only be granted for those uses which are expressly authorized for the zoning district (see Table 200-1).

D. Status:

1. Any use which receives conditional or special exception use approval shall not be deemed to be a nonconforming use; it shall be deemed a lawful conforming use.

2. Where a use exists at the effective date of this Ordinance and is permitted by this Ordinance only as a conditional or special exception use in the zoning district in which it is located, then it shall be deemed to be a lawful conforming use in such zoning district.

302 APPLICATION PROCEDURE

A. Application Content: Applications for conditional or special exception uses shall be submitted to the Zoning Officer in the form prescribed by the City. The application shall contain or be accompanied by such copies, information and plans as required by the application form, which shall include, a site or plot plan drawn to scale showing the proposed development activity and other information necessary to evaluate the application under the provisions of this Ordinance.

37

B. Complete Application: Within five (5) working days of receiving an application, the Zoning Officer shall determine if the application is complete. If it is not, the Zoning Officer shall notify the applicant of any deficiencies and shall not take further actions to process the application until the deficiencies are remedied.

C. Review Procedure:

1. Conditional Use Application

a. Within ten (10) days after receiving a complete application, the Zoning Officer shall forward a report to the Planning Commission, City Council and the applicant, describing the extent to which the proposed use complies with the applicable requirements of this Ordinance.

b. The Planning Commission shall review the application and submit its recommendation in writing to Council, with a copy to the applicant.

c. Following the Planning Commission's review, Council shall hold a public hearing pursuant to public notice on the application.

Within forty (40) days after the hearing, Council shall act to approve or deny the application. In approving an application, Council may impose reasonable conditions and safeguards, in addition to those expressed in this Ordinance, which it determines necessary to accomplish the objectives of this 0 rd i nance .

J d.

e. If an application is approved with conditions or denied, within ten (10) days of its action, Council shall provide the applicant with a written decision. This report shall specify any conditions of approval or identify the reasons for its denial, making reference to the facts, ordinance provisions, rules or regulations upon which Council based its decision.

tf Council fails to render a decision within ninety (90) days after filing a complete application, the application shall be", deemed to be approved, unless the applicant agrees to an extension of time.

,q&P 0

v3 'bl

3 :A, \

f. /

' k

38

I I I I I I I I 1 I I I I I I I 1 I I

I 1 1

I I I

1 I

2. Special Exception Use: Once an application is complete, the Zoning Officer shall forward it to the Zoning Hearing Board. The Board shall approve or deny an application in accordance with the provisions of Article VI1 of this Ordinance.

D. Expiration or Revocation of Approval:

1. A conditional or special exception use approval shall expire after one (1) year from the date of approval if the applicant fails to obtain a certificate of zoning compliance and start construction. The applicant may request in writing an extension of this time limit of up to one (1) year where good cause can be shown.

2. If at any time after a conditional or special exception use is approved, the applicant is found to be in violation of any of the conditions of approval, the standards of this Article or other requirements of this Ordinance; the recipient of the approval shall be subject to the penalties described in Article VI1 of this Ordinance, including a revocation of the special use approval.

303 COORDINATION OF CONDITIONAL OR SPECIAL EXCEPTION USE APPROVAL WITH OTHER APPROVALS AND ORDINANCES:

A. Where an application for development requires more than one (1 ) approval either under the terms of this Ordinance, the Subdivision and Land Development Ordinance or other City ordinance, the City shall endeavor, to any reasonable extent, to provide simultaneous processing of the application for different approvals. Such possibilities for concurrent filing and review of applications include, but are not limited to, a condition/special exception use along with a zoning amendment, variance request, and preliminary subdivision or land development plan.

B. However, some approvals may require the applicant to obtain another approval previously or to take a particular action within a given time. Therefore, concurrent processing of different approvals may not always be possible. The applicant should note the timing and sequence of approval procedures required by this Ordinance or other ordinances and take these into consideration in planning the development.

304 GENERAL STANDARDS AND CRITERIA

I

Before approving a conditional or special exception use application, Council or the Zoning Hearing Board, as appropriate shall determine that the proposed use meets the following general standards:

39

A.

B.

C.

D.

E.

F.

G.

The proposed use complies with all applicable provisions and requirements for that type of use contained in this Ordinance, unless a variance to any provision has been granted by the Zoning Hearing Board, and with other applicable laws and regulations.

The proposed use is compatible with the surrounding land uses, and it will not have a negative impact on the existing neighborhood or development in terms of air and water quality, noise, potential hazards, illumination and glare, and restrictions to natural light and circulation.

The site for the proposed use is suitable in terms of size, topography, soils conditions and similar physical features.

The proposed use and site provides for safe, adequate vehicular and pedestrian access. It has access from a street capable of handling the traffic generated by the proposed use, and it will not result in undue traffic congestion and hazardous conditions on adjacent streets. The use provides for safe, efficient internal circulation and sufficient off-street parking and loading .

The proposed use complies with all applicable standards and requirements for providing sanitary sewage disposal, water supply, stormwater management, solid and hazardous waste storage and disposal.

The proposed use provides screening and/or buffer yards in conformance with this Ordinance.

The proposed use/development conforms to the scale, character and exterior appearance of existing structures and uses in the neighborhood in which it is located.

305 STANDARDS AND CRITERIA FOR SPECIFIC USES

For the uses identified in this Section, Council or the Zoning Hearing Board, as appropriate, shall also determine that the proposed use complies with these standards, which shall be in addition to other applicable requirements in this Ordinance.

(Note: Uses are listed in alphabetical order.)

A. Amusement Arcades

1. No video game or amusement arcade, as defined by this Ordinance,

40

I I I I 1 I I I 1 I I I I 1 I 1 I 1 I

I ~I ,I I

I

I I

shall be located within five hundred (500) feet of a school, place of worship, public recreation area, public building, hospital, nursing home, or establishment licensed by the Pennsylvania Liquor Control Board.

2. The amusement arcade shall comply with all other applicable City ordinances.

B. Automotive Sales and/or Services

1. The business shall include a permanent building on site for offices, display and/or repair. A trailer shall not meet this requirement.

2. Areas for vehicular display and customer parking shall be paved or otherwise improved and shall maintain at least a five-foot (5') landscaped setback from all property lines.

3. If a gasoline service station is an accessory use, all conditions required herein for said use shall be met.

4. If a vehicular repair garage is an accessory use, all conditions required herein for said use shall be met.

5. No strings of lights, flags, flashers or any other display paraphernalia shall be permitted. Lighting from spot or flood lights shall be oriented away from adjacent highways and properties.

6. No vehicle shall be displayed or offered for sale outdoors which does not have all mechanical and body components necessary for safe and lawful operation in this state.

C. CarWash

1. All operations including brushing, steaming and polishing shall take place in an enclosed building. Final spot wiping may be done as the cars exit the wash. This provision shall not apply to self-service car washes which may utilize partially enclosed structures.

2. All access drives and waiting areas shall be paved and large enough to accommodate all traffic at peak operating periods so that the operation shall not conflict with normal street operation. A traffic study in accordance with Section 206 of this Ordinance shall be required.

I I

41

I

3. Parking: One (1) space for each two (2) employees on a peak shift.

D. Cemeteries

1. Required yards and setbacks shall be established as part of the a p p I i ca t i on review.

2. Buffer yards or other screening, in accordance with Section 206 (institutional uses), may be required along the facility's boundaries in order to separate and screen adjacent properties.

3. A dwelling for custodial personnel may be permitted on the property.

E. Communications Towers

1. The applicant shall demonstrate that it is licensed by the Federal Communications Commission (FCC) to operate a communications tower.

2. Any applicant proposing a new freestanding communications tower structure shall demonstrate that a good faith effort has been made to obtain permission to mount the antenna on an existing building or other structure or an existing communications tower structure, A good faith effort shall require that all owners of potentially suitable structures within a one-quarter (1/4) mile radius of the proposed site be contacted and that one (1) or more of the following reasons for not selecting an alternative existing building or existing antenna tower structure or other structure apply:

a. The proposed equipment w u l d exceed the structural capacity of the existing building, communications tower structure or other structure and reinforcement of the existing building, communications tower structure or other structure cannot be accomplished at a reasonable cost.

b. The proposed equipment would cause RF (Radio Frequency) interference with other existing or proposed equipment for that building, communications tower structure or other structure and the interference cannot be prevented at a reasonable cost.

42

I 1 I I I I I I 1 1 I I 1 I 1 1 I I I

c. Existing buildings, communications tower structures or other structures do not have adequate space, access or height to accommodate the proposed equipment.

d. Addition of the proposed equipment would result in NlER (Non-iodizing Electromagnetic Radiation) levels which exceed any adopted local, Federal or State emission standards.

e. No business arrangement can be achieved at a fair market value.

3. The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to function effectively.

4. The base of a freestanding communications antenna tower structure shall be set back from all property lines a minimum distance which represents twenty percent (20%) of the tower height, as measured from the base of the antenna support structure at grade to the highest point of the structure.

5. An antenna which is proposed to be mounted on an existing building or structure, other than an existing communications tower, shall not exceed the height of the building or structure by more than twenty (20) feet.

6. The applicant shall submit certification from a structural engineer that the structural capacity of an existing building or structure on which an antenna is proposed to be mounted is adequate to withstand wind and other loads associated with the antenna's location.

7. In the case of a freestanding communications tower structure, the applicant shall submit evidence that the tower structure and its method of installation have been designed by a registered engineer and is certified by that registered engineer to be structurally sound and able to withstand wind and other loads in accordance with accepted engineering practice.

8. The applicant shall demonstrate that the proposed antenna and any tower structure are safe and that surrounding areas will not be negatively affected by tower structure failure, falling ice or other debris, electromagnetic fields or radio frequency interference.

43

9. All guy wires and all guyed towers shall be clearly marked so as to be visible at all times.

10. Unless the communications tower is located on a building, the tower structure or the entire property on which the tower structure is located shall be completely enclosed by a six (6) foot high chain link or similar fence with self-latching gate to limit accessibility to the general public.

11. All tower structures shall be fitted with anti-climbing devices as approved by the manufacturers for the type of installation proposed.

12. All antennas and tower structures shall be subject to any applicable Federal Aviation Administration (FAA) and Airport Zoning regulations.

13. No sign or other structure shall be mounted on the tower structure, except as may be required or approved by the FCC, FAA or other governmental agency.

14. Tower structures supporting antenna shall be painted silver or have a galvanized finish or may be painted green up to the height of adjacent trees in order to reduce visual impact.

15. If the communications tower is fully automated, adequate parking shall be provided for periodic visits by maintenance workers. If the communications tower is not fully automated, one (1 ) parking space shall be provided for each employee on peak shift.

16. No antenna or tower structure shall be illuminated, except as may be required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC).

17. In January of each year, the operator shall provide verification to the City Zoning Administrator that there have been no changes in the operating characteristics of the communications tower as approved at the time of the conditional use application, including at a minimum:

a. Direction of the signal; b. c. d. e. Height of the antenna; f.

g.

Frequency, modulation and class of service; Transmission and maximum effective radiated power; Manufacturer, type and model of equipment;

Name, address and emergency telephone number for the operator; Copy of current FCC license.

44

1 I I I 1 I I I 1 1 1 I I I I 1 I I 1

18. Any addition of an antenna or modification of an existing antenna shall require submission of a new application for conditional use approval in accordance with the provisions of this Section.

F. Day Care Centers

1. All day care centers must be licensed by the appropriate state agency and must operate in accordance with the requirements of the Department. This requirement is a condition of occupancy.

2. Any outdoor recreational areas on the property shall be no closer than twenty-five (25) feet to an abutting street or ten ( I O ) feet to any property lines. They shall be fenced with a self-latching gate or otherwise secured.

3. Safe vehicular access and off-street areas for discharging and picking up children or adults shall be provided.

4. One (1) parking space shall be provided for each staff member plus one (1) for each six (6) children or adults cared for at the center. Parking areas for four (4) or more vehicles shall be screened in accordance with Section 409 of this Ordinance when abutting a residential use or district.

G. Gasoline Service Stations

1. No gasoline service station shall be located within one thousand (1,000) feet of another gasoline station or along Lysle Boulevard between Huey Street and the 5th Avenue Bridge.

2. Access driveways to the service station shall be at least thirty (30) feet from the intersection of any public streets.

3. Fuel pumps, air towers and water outlets may be located outside an enclosed building, provided that no portion of these facilities shall be closer than ten (1 0) feet of any property line.

4. The following services, and no others, may be rendered in conjunction with the gasoline station: state inspections; lubrication; . oil changes; tire servicing and repair (excluding recapping or regrooving), sale and servicing of spark plugs, batteries, and distributors and distributor parts; replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor

45

5.

6.

7.

8.

mates, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the like; radiator cleaning and flushing; washing and polishing and sale of automotive washing and polishing materials; providing and repairing fuel pumps, oil pumps and lines; minor servicing and repair of carburetors; adjusting and repairing brakes; minor motor adjustments not involving removal of the head or crankcase or racing the motor; sales of beverages, packaged foods, tobacco, and similar convenience goods for station customers, as accessory and incidental to principal operation; the provision of road maps and other informational material to customers; and provision of rest room facilities. All services shall be conducted entirely within a building.

All automobile parts and supplies shall be stored within a building, except that automotive supplies may be displayed for sale at the fuel pump and at a distance no greater than five (5) feet from the pumps.

All refuse shall be stored in compliance with the City fire code and other applicable ordinances.

No vehicle shall be parked or stored on a public right-of-way or property at any time. Non-operable vehicle or vehicles awaiting repairs may be parked or stored on the premises, provided they do not exceed the number of available off-street parking spaces for the service station.

Rental of automobiles, vans (fewer than twenty (20) feet long) or utility trailers is an authorized accessory use, provided that no more than three (3) vehicles are visible on the premises at any time.

H. Helicopter Landing Area

1. . The helicopter landing area shall include a dust-controlled area of land, water or structural surface that is designed to be used for helicopter or other vertical takeoff and landing craft operations and parking. It may include refueling and maintenance facilities, aircraft parking spaces and passenger waiting areas.

2. The landing shall obtain the necessary approvals and licenses for its operation from the State Department of Transportation and Federal Aviation Administration (FAA).

I 1 I 1 I 1 I I 1 I 1 1 I 1 I 1 1 I I

46

I 1 3.

4.

5.

6.

7.

The approach/departure flight path for the landing area shall not be over an elementary or secondary school or school stadium, playground or playfield. If required, flight paths shall be approved by state and federal agencies.

The landing area shall be located:

a. At least five hundred (500) feet from any elementary or secondary school or any school or public outdoor recreational area;

b. At least two hundred (200) feet from residential uses in a residential district or four hundred (400) feet if the landing area will be receiving more than three operations per month between 1O:OO P.M. and 7:OO A.M.;

c. At least thirty-five (35) feet from any lot line; and

d. At least two thousand (2,000) feet from any other helicopter landing area.

(All distances shall be measured as the hypotenuse of the vertical and horizontal separation distances.)

Prior to approval, the applicant shall submit a noise analysis demonstrating the noise impact in terms of Ldn. The noise level must not exceed that otherwise authorized for the district and not result in more than a +3 dBLdn increase at any residential use in a residential district.

In approving a helicopter landing area, Council may set conditions on the hours or type of operation, number of helicopter landings in a given time period, number of helicopters based there, parking, buffer yards and related aspects in order to protect public safety and to carry out the objectives of this Ordinance.

Following approval, the City shall be notified of any significant change in aircraft technology used at the landing area which must be approved by state or federal authorities or which relates to the use of larger helicopters or ones which produce an increase of 3dB in noise levels (measured at a 400-foot distance). Any such change may require a change in the original conditional use approval.

47

1. Hospitals

1.

2.

3.

4.

5.

The facility shall be licensed by the Commonwealth and have the required approvals of all regulatory agencies or accreditation organizations.

The minimum lot area shall be five (5) acres.

The property shall have its principal traffic access to an arterial or collector street with sufficient capacity to handle the traffic to be generated. The City may require a traffic study prepared in accordance with Section 206 of this Ordinance.

Where the use adjoins existing residential uses, a minimum twenty- five (25) foot buffer area shall be provided. Care shall be taken to locate emergency, loading and service entrances where they are not offensive to adjoining properties.

A landscaped area, at least fifteen (15) feet in depth, shall be provided along the entire front property line, except for approved entrances.

J. Hotel/Motel

1. If the hotel/motel includes eating and drinking facilities to serve both overnight guests of the hotel and the general public, then it must provide off-street parking for such facilities in accordance with the provisions of Section 409 of this Ordinance.

2. Areas not occupied with buildings and parking areas shall be completely landscaped and planted with lawns, ornamental trees and shrubs.

3. Sleeping units shall contain a bedroom and bath and have a floor area of not fewer than two hundred fifty (250) square feet.

4. If the lot upon which a hotel/motel is erected abuts a residential district, it shall be screened by well-maintained landscaping not fewer than six (6) feet nor more than ten ( I O ) feet high or an ornamental fence within the same height limitations, the ratio of the solid portion to the open portion of which shall not exceed three to one (3:l).

48

1 1 1 I I 1 I 1 1 I I I I I I 1 1 1 I

5. Buffer yards in accordance with Section 206 (commercial) or additional front, side or rear yards may be required where necessary to prevent potential negative effects on adjacent properties.

6. The facility shall have access from a public street of sufficient size and capacity to accommodate the projected traffic. If any road improvements or traffic signals are required to an existing public road, as a result of the proposed hotel, the hotel owner or developer shall bear the cost of any such improvements.

K. Institutional Facility

1. Where required, a full or provisional license from the Commonwealth is necessary for initial and continued approval. Suspension of the license automatically revokes the occupancy permit and special use approval.

2. ,

Change of ownership, sponsorship or any other condition contained in the original approval of the home shall constitute a new use, and the procedure for obtaining an exceptional use approval of a new facility shall be executed.

3. One (1) off-street parking space shall be provided for each staff member, operator or employee on a peak shift plus one (1 ) for each three (3) residents or beds in the facility.

4. The facility shall have its principal traffic access from a public street with sufficient capacity and operating characteristics to handle the traffic generated by the use. A traffic study, in accordance with Section 206 of this Ordinance, may be required.

5. Ambulance, delivery and service areas shall be obscured from the view of adjacent residential properties by fencing, planting, earthen mounds or similar screening measures approved by the City.

6. The facility shall comply with local, county and state building, fire, health, or safety codes. An automatic fire suppression system shall be required in homes having six (6) or more occupants. The system shall be installed in accordance with City ordinances. Smoke detectors shall be installed in, or in the immediate vicinity of, each bedroom or sleeping area of the home and in the basement or cellar if there is one. When activated, the detector shall provide an alarm suitable to warn the occupants. When more than one detector is

49

7.

required to be installed within the home, the detectors shall be interconnected so that the activation of one alarm will activate all the alarms.

On June 1st of each year following the original approval, the owner or sponsor shall file with the Zoning Officer information indicating that the facility continues to satisfy the conditions of original approval. If the facility is shown to be operating in compliance with the terms of the original approval, then the Zoning Officer shall renew the occupancy permit for another year. If the information indicates that there is any change in operation, or any complaint has been lodged against the facility, the Zoning Officer shall forward the information to the Zoning Hearing Board who shall decide the renewal of the approval and occupancy permit.

L. Interim Use during Redevelopment

1. During the redevelopment of a site and the demolition of structures, Council may approve interim uses for existing building or land that would not otherwise be allowed in the zoning district, provided such interim use shall not exceed a period of five (5) years.

2. Council may only approve such interim use when it determines that:

a. Such use will not negatively affect the eventual reuse of the site by authorized uses nor impede any necessary site improvement or redevelopment activities (e.9. , construction of roads, utilities, etc.);

b. The use will not have any adverse environmental impacts on any permanent development on the site or surrounding areas and complies with all applicable federal, state and county laws and regulations; and

c. The use represents a minimum action that could be taken to make economic use of the property until permanent development of the property is feasible.

3. As part of the approval process, Council may establish reasonable conditions on the duration of the interim use, its operating characteristics, location and measures to protect the permanent development (e.g., fencing, buffer yards, etc.).

50

4. Prior to approval, an agreement shall be executed between the City, the property owner and operator of the interim use which specifies the nature of the use, the approved duration for the use and all conditions of operation. The agreement shall also state actions to be taken by the operator of the interim use to assure that when the use is terminated the subject building or land remains either in the same condition as when the use started or is improved or more suitable for reuse by an authorized use. The agreement may include provisions for its renewal for additional time periods not exceeding five (5) years at the discretion of City Council.

M. Manufactured Home Parks

1. A mobile home park shall have principal access from a street or highway capable of handling the traffic generated by the park and providing adequate access for the individual mobile units without impairing the normal traffic operations of the street or highway.

2. Ten percent (10%) of the park's gross site area shall be set aside for common open space, including recreation areas, community building, storage facilities for park residents, laundry facilities, management offices for the park, and storage of park maintenance equipment.

3. All internal roads and parking areas shall be improved with an asphalt or similar all-weather surface. Internal roads shall be designed to meet anticipated traffic loads and shall have a minimum cartway width of twenty-eight (28) feet.

I I I 1 1 1 I 1

4. A buffer area, not fewer than ten ( I O ) feet in depth, shall be provided around the entire perimeter of the manufactured home park area. The buffer area shall comply with the applicable provisions of Section 206 - F of this Ordinance.

5. The park shall comply with the environmental performance standards contained in Article V of this Ordinance.

6. Landscaping and planting shall be provided throughout the manufactured home park at a ratio of at least two (2) deciduous trees and four (4) deciduous and/or evergreen shrubs per individual manufactured home.

51

I

7. No individual manufactured home shall be closer than twenty (20) feet to any street right-of-way or to any property line of the park. Nor shall any unit be located within a 1 00-year floodplain.

8. The following lot area and setback requirements shall apply for individual home lots:

a. Lot area: 6,000 square feet.

b. No manufactured home unit shall be sited within fifteen (1 5) feet of any other unit or accessory structure.

9. An enclosure of compatible design and material to the exterior of the manufactured home shall be erected around its entire base. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure. The hitch which is employed for the normal movement of the unit shall be removed.

10. No manufactured home shall be erected on a manufactured home lot except upon a manufactured pad. Each unit shall have its own separate pad in accordance with the following:

a. Each unit's pad shall be at least equal in length and width to the dimensions of the manufactured home to be placed on the pad.

b. The pad, at least six (6) inches in thickness, shall be constructed from either concrete, asphalt, or other material adequate to support the mobile home and to prevent abnormal settling or heaving under the weight of the home. In order to prevent wind overturn and rocking, the corners of the manufactured home shall be secured with at least six (6) tie- downs such as concrete "dead men", screw augers, arrowhead anchors, or other devices suitable to withstand a tension of at least 2,800 pounds.

c. Each unit shall be set level on sturdy and substantial supports.

11. The design, installation and construction, and maintenance of the storage and handling of liquified petroleum gases shall conform to the Act of Pennsylvania Legislature 1951, December 27, P.L. 1793, as it may be amended, and to all applicable regulations of the State Department of Labor and Industry.

52

1 i 1 1 I I I 1

N. Nursing Home

1. The minimum lot area for a nursing home shall be one thousand (1,000) square feet per resident.

2. The facility shall be duly licensed by the Commonwealth and shall operate in accordance with the regulations of the licensing agency.

3. The facility shall provide on-site the off-street parking and loading spaces.

4. The facility shall have its principal traffic access from a public street with sufficient capacity to handle the traffic generated by the use. A traffic study in accordance with Section 206 may be required.

5. Ambulance, delivery and service areas shall be obscured from the view of all residential properties by fencing, screening or planting as approved by the City.

6. Buffer areas may be required along side and in the rear yard where necessary to provide visual and audible privacy for the nursing home and/or adjacent uses. A landscaped area, at least ten ( I O ) feet in depth shall be provided along the entire front property line except for approved entrances.

0. Personal Care Home

1. A full or provisional license from the Commonwealth is necessary for initial and continued approval. Suspension of the license automatically revokes the occupancy permit and conditional/special exception approval.

2. Change of ownership, sponsorship or any other condition contained in the original approval of the home shall constitute a new use, and the procedure for obtaining an exceptional use approval of a new facility shall be executed.

3. No personal care home shall be located within two thousand (2,000) feet of another such home.

53

4. The maximum number of occupants shall be in compliance with the occupancy limits of the City's Building Code and the following limitations:

a. R-4, C-I Districts: 15 persons b. R-5 Districts: 25 persons c. C-3 Districts: As regulated by the PA

Department of Public Welfare.

5. The facility shall comply with local, county and state building, fire, health or safety codes. An automatic fire suppression system shall be required in homes having six (6) or more occupants. The system shall be installed according to City fire code requirements. Smoke detectors shall be installed in, or in the immediate vicinity of, each bedroom or sleeping area of the home and in the basement or cellar if there is one. When activated, the detector shall provide an alarm suitable to warn the occupants. When more than one (1) detector is required to be installed within the home, the detectors shall be interconnected so that the activation of one alarm will activate all the alarms.

6. One (1) off-street parking space shall be provided for each staff member, operator or employee plus one (1) for each four (4) residents in the home.

7. The owner or sponsor shall file with the Zoning Officer on June 1st of each year following the original approval, information indicating that the facility continues to satisfy the conditions of original approval. If the facility is shown to be operating in compliance with the terms of the original approval, then the Zoning Officer shall renew the certificate of occupancy for another year. If the information indicates that there is any change in operation, or any complaint has been lodged against the facility, the Zoning Officer shall forward the information to the zoning Hearing Board who shall decide the renewal of the approval and certificate of occupancy.

P. Place of Worship

1. If a residential facility (e.g., a convent, monastery) is part of the complex within an R-I, R-2, R-3 or R-4 district, it shall not house more than ten (1 0) persons.

54

1 I 1 1 1 1 I I I 1 1 I 1 I I 1

1 I

i

2. The place of worship shall have direct access to a public street of sufficient capacity to handle the traffic generated by the proposed use.

Q. Research and Development

1. All activities shall be conducted within an enclosed building.

2. The facility shall provide evidence of compliance with all applicable county, state and federal laws and regulations regarding the handling of any hazardous substances or live animals.

3. A written description of all hazardous materials typically used or stored by the proposed use shall be submitted with the application. (Copies of the Hazardous Substance Survey Forms and/or Material Safety Data Sheets required by federal and state agencies may be submitted). Upon approval of the application, this listing shall be updated annually and submitted to the City Fire Chief and Emergency Management Coordinator; failure to do so may result in the occupancy permit and special use approval being revoked.

R. Resource Recovery Facility

1. This facility shall be limited to the extraction and utilization of materials or energy from municipal waste (as defined by the Pennsylvania Solid Waste Management Act) that is generated off- site, including but not limited to, a facility that mechanically extracts materials from municipal waste to usable energy, and any chemical and biological process that converts municipal waste into a fuel product. It shall not include any composting facility; any methane gas extraction from a municipal waste landfill; any separation and collection center, drop-off point or collection center for recycling, or any source separation or collection center for composting leaf waste.

2. Such facility shall operate in accordance with all local, county and state laws and regulations and shall obtain all permits/approvals prior to receiving final approval from the City.

3. If there is a change of ownership or permittee, the new owner/permittee shall submit a new application for conditional use approval, which shall be contingent on approval of PaDER or other governmental agencies.

5 5

S. Salvage Yards

1. The minimum lot area for a salvage yard shall be two (2) acres. All structures for the salvage yard shall comply with the applicable provisions of the zoning district in which it is located.

2. There shall be no exterior storage of any materials or equipment within twenty-five (25) feet of any front lot line or within fifteen (15) feet of any side or rear lot line.

3. The entire perimeter of the salvage yard shall be fenced with a solid fence, a planted screen, or a combination of both, eight (8) feet in height, which complies with the provisions of Section 404 of this Ordinance. The owner or operator of the salvage yard shall be responsible for maintaining the fence or screen in good repair and condition.

4. A lot shall be deemed a salvage yard if two (2) or more motor vehicles not having valid state inspection stickers are deposited or stored on the lot; or when two (2) or more wrecked vehicles (or the major parts of two (2) or more vehicles) are deposited or stored on a lot, other than that of a duly authorized vehicular repair garage complying with the provisions of this Ordinance.

T. Shopping Center

1. A shopping center shall only contain those uses authorized in the zoning district in which the center is located.

2. Off-street parking shall be provided on the same lot as the center according to the following:

0 - 400,000 Sq. ft. GLA 400,001 - 600,000 sq. ft. GLA 600,001 sq. ft. GLA and over

1 space/250 sq. ft. GLA 4.5 spaced1 ,000 sq. ft. GLA 5 spaces11 ,000 sq. ft. GLA

U. Testing Laboratory (See Research and Development)

V. Vehicular Repair Garages

1. All repair services shall be conducted within an enclosed building which complies with state and City regulations for such uses.

56

I I I I 1 I 1 1 I 1 I 1 1 I 1 I I I I

2. All automotive parts and supplies shall be stored within an enclosed building.

3. All debris, used parts and other refuse must be stored in compliance with City fire code and other applicable ordinances and in such a manner that it is not visible from adjacent properties or a public street.

4. No vehicle shall be parked or stored on a public right-of-way or property at any time. No more than four (4) vehicles awaiting repairs shall be parked or stored outdoors at any one time. All others must be stored within a building or totally screened from view by a solid fence.

5. If a vehicular repair garage includes gasoline and/or other petroleum sales, all requirements for a gasoline service station shall be met.

6. No vehicular repair garage may be located within one thousand (1,000) feet of another vehicular repair garage.

W. Wholesale, Warehousing Businesses Handling Hazardous or Toxic Substances

1. The property shall have direct access to a public street with sufficient capacity to handle the amount and type traffic generated by the proposed use. A traffic study in accordance with Section 206 of this Ordinance may be required.

2. Access driveways shall be adequate design to accommodate anticipated truck traffic safely without causing congestion on public streets.

3. The facility shall comply with all applicable federal, state, county and local laws and regulations regarding the handling of hazardous or toxic substances.

4. A written description of all materials stored or distributed by the proposed facility shall be submitted with the application and transmitted to the City's Emergency Management Coordinator and Fire Chief and the County Fire Marshall. (Copies of the Hazardous Substance Survey Forms and/or Material Safety Data Sheets required by federal and state agencies may be submitted.) This information shall be updated annually and resubmitted to all parties; failure to do so may result in the certificate of occupancy being revoked.

57

306 UNIFIED RESIDENTIAL DEVELOPMENTS

A. Purpose: The unified development concept provides an increased amount of flexibility in the type, location and density of residential units in order to: (1) preserve and protect open space and steep slope areas; (2) encourage new residential development with innovative design and site planning that responds to current housing demands; and (3) permit economies in the provision of public services.

6. Minimum Site Requirements

1. The minimum site area for a unified development shall be five (5) contiguous acres.

2. Principal access to the unified development site shall be from public streets with sufficient operating capacity and structural conditions to carry the proposed traffic generated by the development.

3. The proposed unified development shall be served by sanitary sewage treatment and water supply systems which shall be sufficient to meet the needs of the projected population. The system shall obtain approvals and operating permits from the appropriate governmental agencies.

C. Permitted Uses: Single family dwelling; townhouse dwelling; multi-family dwelling; customary residential accessory uses, such as garages, pools, gardens and similar uses.

D. Density Standards

1. A maximum of sixty (60) percent of the site may be used for residential uses, including structures, streets, parking areas, private open spaces, courts and patios.

2. A minimum of forty (40) percent of the total site shall be set aside as common open space in accordance with the requirements of Section 306 - J.

3. The gross density (total dwelling units divided by total acres) for the unified development shall not exceed eight (8) units per acre.

58

i 1 I I I I I I I I I I I I 1

4. The average lot area per dwelling unit (by type of dwelling unit) shall apply:

a. b. c.

Single family detached - 7,000 sq. ft. Townhouse - 3,500 sq. ft. per dwelling unit Multi-family dwelling - 2,500 sq. ft. per dwelling unit

E. Lot Sizes and Setbacks

1. The proposed lot size, yards, setbacks and other building spacing for individual structures within a unified development shall be shown on the site plan and approved as part of the application review process.

2. Each detached dwelling or townhouse/multi-family structure shall have access to a public street or other approved street right-of-way.

3. All structures shall be set back at least twenty-five (25) feet from any perimeter of the unified development site and twenty-five (25) feet from any street right-of-way within the unified development.

F. Building Groupings and Maximum Height

1. Townhouse and other multi-unit structures shall be arranged so as to ensure adequate light and air exposures for walls containing main window exposures or main entrances. In no case shall any structure be located closer than twenty-five (25) feet to any other structure when having a side-to-side (wall), rear-to-side, or rear-to-rear orientation; or closer than thirty (30) feet when having a front-to-front, front-to-rear or front-to-side orientation.

2. Each building shall be so arranged as to avoid undue exposure to concentrated loading or parking facilities and shall be so oriented as to preserve visual and audible privacy between adjacent buildings and lots. All buildings shall be sited so as to be accessible by emergency vehicles.

3. Principal and accessory structures shall comply with the height limitations for the zoning district in which the unified development is located.

59

G. Buffer Yards: Buffer yards in accordance with Section 206 shall be provided along perimeter lines of the unified development site including public rights-of-way. Additional requirements may be imposed by the City where necessary to shield adjacent lots from on-site lighting, headlights and otherwise to maintain the privacy of adjacent uses.

H. Parking Requirements: Two (2) off-street parking spaces shall be provided for each dwelling unit; otherwise, the applicable provisions of Section 409 shall apply.

1. Common Open Space:

1. The required common open space for each development may include: (1) area preserved in its natural condition; (2) area improved for usable or residential open space; and (3) any required screening or buffer area.

2. Common open space shall be appropriate to the scale and character of the development in terms of size, density, anticipated population, topography, and types of dwelling units.

3. At least fifty (50) percent of the common open space required for a unified development shall consist of usable and residential open space in accordance with the following definitions:

a. Residential open space: space provided to serve exclusively the residents of a development, such as private yards, patios, etc.

b. Usable open space: space developed and maintained for use of residents of the development and which contains specific amenities and features extended to encourage use and enjoyment of the open space. Walkways, seating areas and similar pedestrian areas may be counted as part of this usable open space.

4. Open space shall be suitably improved for its intended use, but open space containing natural features worthy of preservation may be left unimproved. Any structures or improvements which are added shall conserve and enhance the amenities of the open space and be properly related to their topography and natural condition.

60

I I I I 1 1 I 1 1 I 1 I I I I I I I I

. 1 . .. 1 ' .

I I I I I

1 I I I I I I I I 1 I

5. All common open space and recreation areas must be conveyed in one of the following ways, as approved by Council: (1) in part or totally to the City; or (2) in part or totally to an organization for ownership and maintenance according to the provisions of Section 306 - J and any other applicable state statutes.

J. Maintenance of Common Open Space and Facilities

1. In cases where the City will not be accepting dedications of streets, sidewalks, utilities, stormwater management facilities, recreation areas, open spaces, or other common areas or facilities, the landowner shall provide for an organization or trust for ownership and continuing maintenance.

2. The owner shall submit a plan describing the proposed organization, its powers, rights, duties, responsibilities in regard to the ownership and continuing maintenance of common facilities and open space. This plan must be approved by City Council prior to the approval of the final unified development application.

3. Such organization or trust shall not be dissolved, nor shall it dispose of any common facilities or open space in any manner whatsoever, except to another organization or trust established to maintain such common areas. However, common facilities or areas may be dedicated to the City at a later date, subject to approval by Council.

4. In the event of default of ownership and/or maintenance responsibilities by the established organization, the City may assume control and the resulting costs may be assessed against the properties that have right of enjoyment of these spaces and facilities as specified by applicable state statutes. It shall be prima facie evidence of default where no organization or trust has been set up or is inoperative for one (1) year. The recorded plan for the unified development shall contain a statement to this effect. Also, the landowner shall record in the Recorder of Deed's Office of the County an agreement between the landowner and City to this effect so that future owners are properly advised of this condition.

5. Whether common facilities and open spaces are to be owned by the unified development organization or in trust, or dedicated to the City, the landowner shall be required to post financial security to guarantee the structural integrity and functioning of such common areadfacilities. Such financial security shall be in accordance with the state Planning Code for guaranteeing improvements for subdivisions and land developments.

I I

61

307 PLANNED UNIT DEVELOPMENT IN THE RDM DISTRICT

Instead of independently developing individual lots within the RDM District subject to the minimum Area and Dimensional Standards for the RDM District in Section 200-2A of this Ordinance, a Planned Unit Development may be proposed for the integrated development of two (2) or more lots in the RDM District. The Planned Unit Development shall be reviewed as a conditional use in the RDM District in accordance with the requirements and procedures specified in Sections 301 through 304 of this Ordinance. In addition, the Planned Unit Development shall meet all of the following criteria:

A.

B.

C.

D.

The minimum site area required for a Planned Unit Development shall be five (5) acres.

The Planned Unit Development shall be designed as an integrated unit utilizing, to the extent feasible, common parking areas, common loading areas, common points of access to a public street, common signage and a common design theme. Joint use of parking facilities shall be further subject to Section 409-B(8) of this Ordinance.

In approving the Planned Unit Development, City Council shall consider whether any modifications to the Area and Dimensional Standards for the RDM District specified in Section 200-2A of this Ordinance are warranted to contribute to a more efficient, harmonious and economic development of the site. In approving any such modifications, City Council may attach such reasonable conditions as may be warranted to protect the public health, safety and welfare.

Once the Planned Unit Development is approved, the individual lots within the approved Planned Unit Development may be used for any of the permitted uses or conditional uses authorized in the RDM District in Table 200-1. Any conditional use which is not reviewed and approved as part of the Planned Unit Development application shall be subject to all procedures and requirements of Sections 301 through 304 of this Ordinance, as well as all applicable standards and criteria for the specific use contained in Section 305 prior to obtaining a Building Permit and/or Certificate of Occupancy for the proposed use.

I I I I I I 1 I I I I I I I I I I I 62

ARTICLE IV

SUPPLEMENTAL REGULATIONS I I ~I

I I I I I I I I I I I ~I 11

401

402

403

GENERAL INTENT

The regulations contained in this Article are intended to apply to all zoning districts, uses, structures or lots except as otherwise provided in this Ordinance.

, GENERAL PROVISIONS AND EXCEPTIONS

A. Mixed Uses: Land, buildings and structures shall be designed and used only for authorized uses within respective zoning districts. Except where specifically authorized by this Ordinance, multiple use of land, buildings or structures are prohibited in residential districts.

B. Dwelling in a Basement: No dwelling unit or units shall be contained in a basement or cellar which does not have fifty (50) percent or more of its average height above grade level.

C. Clear Sight Distances at Intersections: A clear sight triangle, as defined by this Ordinance, must be maintained at all intersections of public and/or private streets and driveways in all zoning districts. Required sight distances along intersecting streetddriveways shall be in accordance with the current applicable PaDOT standards.

D. Exotic Animals: Exotic animals such as lions, tigers, bears, large or poisonous snakes, alligators and similar animals shall not be permitted in any zoning district.

ACCESSORY USES:

A. Permit and Maintenance Requirements: A zoning certificate must be obtained from the City Zoning Officer for any new, expanded or altered accessory use or structure. The owner is responsible for maintaining the accessory usektructure in safe condition according to all applicable regulations.

I

B. Permitted Accessory Uses: A permitted accessory use must comply with the definition of "accessory use" contained in Article Vlll of this Ordinance. Examples of permitted uses are:

63

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

Garage, carport, shed or building for domestic storage, or storage of a boat, trailer, camper or similar recreational vehicle.

Child's playhouse, garden house, gazebo and private greenhouse.

Private residential swimming pool, tennis court or similar private recreational faci I ity.

Civil defense shelter for not more than two (2) families.

Home Occupations, as regulated herein (Section 407).

Fences, as regulated herein (Section 404).

Off-street parking and loading areas, as regulated herein (Sections 409 and 410).

Signs, as regulated herein (Section 408).

Radio, television or satellite dish antenna, as regulated herein (Section 406).

Storage of merchandise normally carried in stock on the same lot with a permitted retail, service or office use, unless such storage is excluded by the district regulations.

Storage of goods used in or produced by manufacturing activities, on the same lot or parcel of ground with such activities unless such storage is excluded by the district regulations.

Employee restaurants and cafeterias when located in a permitted business or manufacturing building.

C. Use Limitations:

1. All accessory structures and uses shall comply with the use limitations applicable in the zoning district in which they are located.

No accessory structure shall be used for dwelling purposes.

No accessory structure shall be constructed and occupied on any lot prior to the time of the completion of the construction of the principal structure to which it is accessory.

2.

3.

64

I I I I I I I I 1 I I I I I I I I I I

I

I I

4. None of the following shall be permitted as an accessory use:

a. Outdoor storage or overnight parking in a residential or riverfront district of trucks, buses or other vehicles exceeding seven thousand (7,000) pounds in gross vehicle weight or designated as Class Ill or above by the Pennsylvania Motor Vehicle Code, excluding a recreational vehicle as defined by this Ordinance.

b. Outdoor storage of equipment, supplies or other materials in all zoning districts, unless specifically permitted by the zoning district regulations.

5. No accessory structure shall exceed fifteen (1 5) feet in height unless another height is specified by this Ordinance.

D. Location of Accessory Uses: The following standards shall apply:

1. Residential Districts

a. Front Yard: Accessory uses, with the exception of permitted signs and fences, shall not be located in the required front yard of any zoning lot.

b. Side and Rear Yards: Accessory uses are permitted, provided they are no closer than two and one-half (2 112) feet of any lot line and comply with the requirements of Sub-section 4 below.

2. Commercial, Industrial Districts

a. Front Yard: In addition to permitted signs and fences, off-street parking (but not loading) areas are permitted in a required front yard. The parking area in a C-3 or 1-1 district must maintain a minimum three-foot (3'), landscaped setback from the street right-of-way or sidewalk line.

b. Side and Rear Yards: Accessory uses are permitted. If the yard abuts a residential district, the accessory use must maintain a minimum three-foot (3') setback, screened in accordance with Sub-section 404 B of this Ordinance.

65

3. Special Development Districts: The location of accessory uses/structures shall be in accordance with the provisions of the district regulations (Article 11).

4. All Zoning Districts:

a. No part of any accessory structure shall be located closer than ten (10) feet to any principal structure, unless it is attached to or forms a part of such principal structure. No accessory structure shall be located closer than three (3) feet to another accessory structure on an abutting property.

b. Accessory structures and uses shall otherwise comply with the bulk regulations applicable in the district in which they are located.

404 FENCING, SCREENING AND MAINTENANCE REQUIREMENTS

A. Permit and Maintenance Requirements: A zoning certificate must be obtained from the Zoning Officer for the erection of any fence, wall or screen. The property owner shall be responsible for the continuing maintenance of any fence, wall or screen.

B. Placement, Materials, Height

1. Fences, walls, hedges or other planted screens shall be subject to the following height restrictions:

a. Located in a front yard: four (4) feet maximum b. Located in a side yard: six (6) feet maximum c. Located in a rear yard: six (6) feet maximum, except that

there shall be no maximum applied to hedges or planted screens (e.g., trees) located along the rear property line.

d. Located in any yard in an 1-1 District: Twelve (12) feet maximum.

2. Fences, screens or walls up to ten (1 0) feet in height may be erected in any yard of a public school, public recreational facility or public building provided that they are constructed of a chain link material and approved by the Planning Commission.

66

I I I I I I 1 I I I I I I I I I I I I

3. A retaining wall may be erected along any property line or in any yard where it is required to prevent a landslide or other hazardous conditions.

4. A fence or screen cannot be erected in a public or dedicated right-of- way.

5. Fences located along a property boundary shall be set back at least six (6) inches from the property line.

6. Authorized fences and screens, whether publicly or privately owned, shall comply with Section 402-C, Sight Distances at Intersections.

7. Fences shall not contain barbs or similar types of injurious materials, unless specifically approved by the Planning Commission for security reasons.

8. The finished side of the fence or wall shall always face the abutting properties or streets.

405 SWIMMING POOLS

I I

I I

A. Placement: As an accessory structure, a pool and accessory deck area shall be erected only in a rear yard provided it is no closer than five (5) feet of any lot line, or the distance of the required side yard for the zoning district in which it is located, whichever is greater. No pool shall be located closer than ten ( I O ) feet to the principal dwelling structure.

B. Fencing:

1. In-ground pools in all zoning districts shall be enclosed by a fence, constituting a barrier to small children, at least four (4) feet in height and equipped with a gate and lock. Fencing for a pool shall comply with the applicable requirements of Section 404 of this Ordinance.

2. Above-ground pools in all zoning districts having vertical walls four (4) feet or more above ground level and removable steps are not required to be fenced, but the owner shall remove the steps when the pool is not in use to prevent access by small children.

C. Lot Coverage: Above-ground and in-ground swimming pools shall be excluded from the calculation of maximum permitted lot coverage.

67

406 RADIO, TELEVISION OR SATELLITE DISH ANTENNAS

A. Radio or Television Antenna

1. A radio or television antenna structure is a permissible accessory structure in any zoning district subject to the requirements of this Section.

2. Such structure may be mounted on a roof or installed in a rear yard area only, provided that no ground level structure shall be located within ten (10) feet of any property line.

3. The maximum height for such structure shall not exceed by more than twenty (20) feet the otherwise allowable height in the zoning district in which the antenna is located. If placed on a roof, any antenna exceeding eight (8) feet in height shall be mounted with guide wires.

4. Any such structure shall comply with applicable Allegheny County Airport zoning and federal regulations.

5. Radio or television antenna structures located on the ground shall be screened from adjacent properties by evergreen trees or other suitable materials, as approved by the Planning Commission.

B. Satellite Dish Antenna

1. A satellite dish antenna is a permissible accessory structure in any zoning district subject to the requirements of this Section.

2. Such antenna may be installed in a rear area only provided that no such structure shall be located within fifteen (1 5) feet of any property line.

3. When installed on the ground, the maximum height of a satellite dish antenna shall not exceed fourteen (1 4) feet when positioned vertically and shall have a maximum diameter of ten (10) feet.

4. A satellite dish antenna may be roof mounted in R-5, C-2, C-3, 1-1, RDY and RDM Districts, provided that the maximum height shall not exceed fifteen (1 5) feet above the roof line, when positioned vertically and the maximum diameter shall not exceed twelve (12) feet.

68

5. When installed on the ground, the satellite dish antenna shall be screened from adjacent properties by evergreen trees or other suitable materials as approved by the Planning Commission, provided that the City shall not require screening which obstructs the line of sight to the transmitting satellite.

C. Exceptions to Requirements: Any applicant may apply to the Zoning Hearing Board for a special exception regarding the height, size or placement of a radio, television, or satellite dish antenna when it can be demonstrated that the requirements of this Section effectively preclude reception. It shall be the responsibility of the applicant to submit the necessary technical information to assist the Board in making such a determination.

407 HOME OCCUPATIONS

A. Permit Requirements: A zoning certificate is not required for conduct of any home occupation. However, all such uses shall operate in accordance with the provisions of this Ordinance and are subject to inspection by the Zoning Officer in order to verify complaints (see Section 708-A).

B. Use Limitations:

1. There shall be no exterior evidence of such uses other than a small nameplate sign placed in accordance with Section 408 of this Ordinance.

2. There shall be no retail sales directly to customers on the premises.

3. The floor area devoted to a home occupation shall not exceed twenty- five (25) percent of the ground floor area of the principal residential structure, excluding the garage.

4. There shall be no exterior display of goods or interior display visible from the outside.

5. There shall be no storage of materials or products outside the dwelling unit unless in an enclosed structure which complies with the requirements of this Ordinance.

6. There shall be no greater traffic volume generated by such home occupation than would normally be expected in a residential area. Frequent and repetitive servicing by commercial vehicles for supplies

69

and materials shall not be permitted. A minimum of two (2) off-street parking spaces shall be provided and additional spaces may be required.

7. No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectible to normal senses off the lot.

8. No equipment or processes shall be used which creates visual or audible interference in any radio or television off the premises or causes fluctuations in line voltage off the premises.

9. No more than one (1) person other than members of the family occupying the dwelling shall be employed.

C. Prohibited Home Occupations: Permitted home occupations shall not be deemed to include:

1.

2. Funeral homes/mortuaries 3. Eating and drinking establishments 4. 5. 6. 7. 8. 9.

Nursery schools, dancing schools, exercise or health centers, day care centers, unless specifically permitted by the district regulations.

Animal kennels, hospitals or veterinarian offices Boarding houses, group residences, personal care homes Medical or dental clinics or hospitals Vehicular or boat repair or rental facilities Video game and amusement arcades Theaters and other entertainment and commercial recreation facilities

408 SIGNS

A. Application:

1. Any sign hereafter erected, altered, painted, relocated, remodeled, enlarged, or maintained shall comply with the provisions of this Section and other applicable City ordinances.

2. The following signs shall be exempt from the requirements of this Section, provided that the provisions of Section 402-C, Clear Sight Distances at Intersections, shall apply:

a. Address numerals

70

I I I I I I I 1 I I I I I I 1 I I I I

I I I 1 1 ~I I I 1 I 1 1 1

b. Traffic, directional legal notices, or similar instructional or regulatory signs erected by a unit or agency of government.

c. Flags or similar emblems of a governmental, education, religious or philanthropic organization, which are displayed on private property, provided the flag pole or other supporting structure shall not exceed the applicable height limitations of the zoning district.

3. All signs, whether permanent or temporary, shall require zoning and occupancy certificates, issued in accordance with the provisions of this Ordinance.

B. General Regulations:

1. Location/Placement

a. All signs shall be located on the same lot containing the use or structure to which the sign relates, except for authorized billboards and off-lot directional signs.

b. No sign mounted on a building or roof shall project above the highest roof beams of a flat roof, or the mean level of the highest gable or slope of a hip roof.

c. No sign shall be attached to a utility pole or tree whether on private or public property unless specifically authorized by this Ordinance.

d. No sign shall be erected at a street or driveway intersection in violation of Section 402-C, Clear Sight Distances at Intersections.

e. No sign shall be erected in or projecting over, any public right- of-way unless specifically authorized by this Ordinance.

2. Prohibited Signs: The following types of signs are prohibited in all zoning districts:

a. Flashing or animated signs, except timehemperatwe signs where authorized by this Ordinance.

71

b. String pennants, flags, or banners, other than as temporary signs.

c. Bare bulb or light strings or search lights.

d. Sandwich board signs, other than as temporary signs.

e. Signs which by reason of color, shape, location, or other characteristics or signs that use admonitions such as "stop", "go", "slow" or "danger" which might be confused with legitimate traffic-control devices.

f. Signs attached to autos, trucks, vans, trailers, or similar vehicles, other than as temporary signs.

3. Illumination

a. Illuminated signs shall be designed and placed so as not to interfere with, distract or blind operators of motor vehicles or to create glare on adjacent properties.

b. Signs may be illuminated either directly or indirectly in accordance with the regulations for the zoning district in which they are located.

1. Directly illuminated sign: a sign designed to give forth artificial light directly (or through a transparent or artificial material) from a source of light internal to the sign, including neon and exposed lamp signs.

2. Indirectly illuminated sign: a sign with a light or lights external to the sign, such that the light shines on or illuminates the sign and in such a way that no direct rays therefrom are visible elsewhere on the property.

3. Neon tube illumination: a sign consisting of a light source supplied by a neon tube which is bent to form letters, symbols or other shapes.

4. Double Frontage, Corner Lots: Where a use fronts on more than one public street, it may locate one (1 ) sign on each street frontage. Each sign shall comply with size and other applicable requirements. The permissible sign size for one (1 ) frontage shall not be combined with that for the other frontage for the purpose of placing the combined sign area on one (1 ) frontage.

72

I 1 I I I 1 1 1 1 1 8 I I 1 1 1 I I I

5. Double-face Signs: In computing the square foot area of a double- face sign, only one (1) side shall be considered provided both faces are identical. If the interior angle formed by the two (2) faces of the double-faced sign is greater than forty-five (45) degrees, then both sides of such sign shall be considered in calculating the sign.

6. Materials and Maintenance: Permanent signs shall be constructed of durable materials and maintained in good condition and repair. If any sign deteriorates to an unsightly or hazardous condition, the Zoning Officer shall order it repaired, replaced or removed in accordance with Section 708 of this Ordinance.

7. Removal: If a use ceases operation for a period of six (6) months, all signs, including any supporting structures, shall be removed. If the signs are not removed, the Zoning Officer shall order them removed within thirty (30) days in accordance with Section 907 of this 0 rd i nance .

8. Multiple Occupancy Buildings:

a. Where several businesses or uses occupy a building, each business shall be entitled to a share of the building's allowable sign area, which share shall be equal to the proportionate amount of floor area that the business occupies to gross floor area of the building.

b. In a commercial, industrial or special district, nameplates, not exceeding five (5) square feet in area, identifying building occupants may also be attached to a wall of the structure adjacent to the principal entrance or permanently painted or applied to a window in the door of the structure.

c. The ownedagent shall develop guidelines for signing for the building which shall promote the use by individual occupants of signs of similar or compatible size, type, style, color, lighting and other design characteristics. A copy of these guidelines shall be filed with the City.

d. It shall be the owner/agent's responsibility to provide all occupants with suitable sign space that complies with the provisions of this Section. Failure of the ownerlagent to do so shall not be a basis for granting a variance to any sign requirements.

73

C. Permitted Signs - All Districts:

1. The following signs are permitted in any zoning district subject to the stated requirements:

a. Nameplate or identification sign not exceeding one and one- half (1 1/2) square feet and attached to a wall of the structure, indicating the occupants of the structure, a permitted home occupation, or in the case of a multiple-occupancy structure, the name of the building, the owner and/or management agency.

b. Memorial or Historical Sign or tablet, non-illuminated or indirectly illuminated, no size restriction.

c. Off-Lot Directional Signs directing persons to the facilities of a non-profit organization (e.g., place of worship, school, park, hospital), not to exceed six (6) square feet in area. Such signs may be erected on public or private property, including a utility pole, subject to the approval of the property owner.

d. On-Lot Directional Signs displayed on private property, not exceeding six (6) square feet per sign. More than one (1 ) such sign is permitted on a zoning lot.

e. Warning, No Trespassing, Private Property or similar signs displayed on private property, not exceeding five (5) square feet per sign. More than one (1) sign is permitted on a zoning lot.

f. Temporary Signs authorized in accordance with the provisions of Section 408-H of this Ordinance.

2. The above-listed signs shall be non-illuminated in any residential district but also may be indirectly illuminated in any other zoning district.

D. Residential Districts:

1. Permitted Signs and Size Limitations

a. Identification sign for a multi-family structure or development, subdivision (plan of lots), manufactured home park, place of worship, public buildinghse, or recreational facility, not to exceed twenty (20) square feet.

74

b. Identification sign for a school, hospital, institutional facility or nursing home not to exceed thirty-two (32) square feet.

c. Identification sign for a day care center, personal care home or group residence not to exceed twelve (1 2) square feet.

2. Regulations

a. All identification signs shall be flush mounted (or wall) signs, except a place of worship, recreational facility, public buildinghse, school, nursing home or hospital may have a free-standing sign as an alternative.

b. Where authorized, a free-standing sign shall be set back at least ten (1 0) feet from any property line or public right-of-way and shall not exceed ten (10) feet in height (including sign and supporting structure).

c. Signs located in R-I, R-2 or R-3 Districts shall be non- illuminated only; signs in R-4 and R-5 Districts may be either non-illuminated or indirectly illuminated.

I E.

d. Any sign for a legal non-conforming commercial or industrial use shall conform to the applicable standards for a sign in a C-I District.

C-1 and RDY Districts


a. Identification sign for a single business establishment which may be any one of the following:

1. A wall sign, not to exceed one (1 ) square foot for every two (2) feet of building frontage but not more than forty (40) square feet in a C-1 District or sixty (60) square feet in an RDY District.

2. An awning or canopy sign; a marquee sign in an RDY District only.

75

2.

3. A permanent window graphic which is permanently painted or otherwise applied to a window, not exceeding more than forty percent (40%) of the total window area.

4. A free-standing sign not to exceed forty (40) square feet and subject to the provisions of Sub-section 2, below, entitled "Regulations".

b. Identification signs for a shopping center or unified commercial complex in an RDY District in accordance with the following:

1. One (1 ) free-standing sign which identifies the name of the center (or complex) and/or individual business occupants, not to exceed one (1 ) square foot for every two (2) feet of building frontage in the center but not more than one hundred (1 00) square feet.

2. In addition to the shopping center's principal identification sign, each business within the center may have a flush-mounted, awning, or window sign in compliance with paragraphs 1 (a) to 1 (c) above.

c. Identification signs for multi-family or townhouse dwellings, places of worship, public useshuildings, recreational facilities, group residences, personal care homes or nursing homes shall comply with the requirements of the R-5 District.

Regula ti ons

a. For a single business establishment in an RDY District only, a free-standing sign shall be authorized only when:

1. 2.

3.

the business fronts on a public street; the principal structure is set back twenty-five (25) feet or more from the street right-of-way; and the zoning lot has a frontage of one hundred (1 00) feet or more.

b. When authorized, a free-standing sign shall be set back at least ten (IO) feet from a street right-of-way and at ten (10) feet from any side lot line and shall not exceed twelve (12) feet in height (including sign and supporting structure). No free-

1 1 I I 1 1 1 1 I I 1 1 I I I 1 1 I I

76

F.

standing sign shall be any closer than fifty (50) feet of another free-standing sign that is twelve (12) square feet or more in area.

c. Signs may be either non-illuminated or illuminated directly or indirect I y.

C-2, C-3, 1-1 and RDM Districts:


a. Identification sign for a single business establishment which may be any one of the following:

1. A wall sign, not to exceed one (1 ) square foot for every one (1) foot of building frontage but not more than one hundred twenty (1 20) square feet.

2. An awning, canopy or marquee sign.

3. A permanent window graphic, which is permanently painted or otherwise applied to a window, not exceeding more than fifty percent (50%) of the total window area.

4. Afree-standing sign in a C-3, 1-1 or RDM District only, not to exceed one (1 ) square foot for every one (1 ) foot of building frontage but not more than one hundred twenty (12) square feet, subject to the provisions of Sub-section 2 below.

b. Identification signs for a shopping center, industrial park or similar unified complex in accordance with the following:

1. One (1) free-standing sign which identifies the name of the center or complex and/or individual business occupants, not to exceed one (1 ) square foot for every one (1) foot of building frontage in the center but not more than two hundred (200) square feet.

77

2.

2. In addition to the center's or complex's principal identification sign, each business within the center or complex may have a flush-mounted, awning, or window sign in compliance with paragraphs 1 (a) to 1 (c) above.

c. Signs for places of worship, recreational facilities, public uses/buildings, or multi-family dwellings shall comply with the applicable requirements for an R-5 District.

d. Time/temperature signs, not exceeding one hundred twenty (1 20) square feet in area, are permitted. Such signs may be attached to the building (wall or projecting) or free-standing and may be in addition to the principal identification sign for the use provided that no more than one (1 ) free-standing sign shall be located on the zoning lot.

Regulations

a. For a single business establishment, a free-standing sign shall be authorized only when:

1. 2.

3.

the business fronts on a public street; the principal structure is set back thirty-five (35) feet or more from the street right-of-way; and the zoning lot has a frontage of one hundred (1 00) feet or more.

b. When authorized, a free-standing sign shall be set back at least fifteen (1 5) feet from a street right-of-way and at least ten (10) feet from any side lot line; it shall not exceed twenty-five (25) feet in height (including sign and supporting structure).

c. Signs may be either non-illuminated or illuminated directly or indirect I y .

G. Billboards

1. Permitted Location and Size

a. Billboards, as defined by this Ordinance, sha be permittec 1-1 Districts and in C-3 Districts along Route 48 only.

78

in

I I I I I 1 1 1 1 I I I 1 1 I 1 1 1 I

2.

b. The size of any one billboard shall be limited to a maximum area of one (1 ) square foot for every foot of property frontage on the street right-of-way but in no case shall exceed four hundred (400) square feet.

Regulations

a. A sign structure shall contain no more than one (1 ) billboard.

b. No billboard shall project above the ridge line of a sloping roof or the eave line of a flat roof, if attached to a building.

c. No billboard shall exceed thirty-five (35) feet in height if free- standing, as measured at ground level at the base of the sign.

d. No billboard shall be closer than five hundred (500) feet to any other billboard, place of worship, school, recreational facility (public or non-profit), residential district or located in such a way that the advertising face is visible from a residential district.

e. No billboard shall be painted directly on the wall of any building.

f. There shall be no more than one (1) billboard structure placed on a zoning lot.

g. No billboard shall be located within one hundred (100) feet of the nearest edge of any street right-of-way, except that any billboard located along and visible from a highway which is designated as part of the federal interstate or primary aid system, shall comply with the applicable state regulations for outdoor advertising signs and shall obtain the required permits from PA DOT.

h. All applications for the erection of a billboard shall be accompanied by evidence of property ownership or a lease or other permission from the landowner to erect the billboard.

i. Billboards may be illuminated subject to the following:

1. Flashing, moving or intermittent light or lights are prohibited.

79

2. Signs shall not cause glare or impair the vision of the driver of any motor vehicle, or otherwise interfere with a driver's operation of a motor vehicle.

3. Signs shall not be illuminated so as to interfere with the effectiveness or obscure an official traffic sign, device or signal.

H. Temporary Signs

1. Authorization: Temporary signs, such as those advertising real estate for sale or rental, contractor or other professional services during construction or remodeling, grand openings, sales, exhibits, cultural or religious activities, political campaigns or similar events are permitted subject to the following requirements:

2. Permit: The Zoning Officer shall issue permits for temporary signs, specifying duration, location and the parties responsible for removal.

a. Permits are not required for a real estate, construction, political campaign or private garage/yard sale signs, but such signs shall comply with the provisions of this Section.

3. Duration: A temporary sign shall not be posted longer than thirty (30) days, unless othewise authorized herein, and the sign shall be removed immediately upon expiration of the permit. A permit for another temporary sign for the same use or zoning lot shall not be issued within sixty (60) days of the expiration date of the first permit.

4. Off-Lot Directional Signs

a. Such signs directing persons to a temporary event, exhibit, show or similar activity sponsored by a non-profit organization shall not exceed twenty (20) square feet in area. They shall not be posted earlier than four (4) weeks before the event and shall be removed within one (1) week of its conclusion.

b. Such signs directing persons to a new real estate development, in which units or lots are currently being sold or leased, shall not exceed six (6) square feet in area and shall be removed after sixty (60) percent of the units/lots are sold or leased.

80

1 1 1 I 1 1 1 1 I I 1 I I 1 1 I 1 I I

I I 1

1 I I 1 I

1 I

c. Such signs may be located on public or private property provided written permission of the property owner is submitted with the permit application.

5. Real Estate Signs advertising the premises on which they are located for sale or lease, shall not exceed twelve (12) square feet in residential districts or thirty-two (32) square feet in other districts. One (1 ) sign may be placed on each street frontage of the property. Signs shall be removed within fifteen (1 5) days of the sale or lease of the premises, or when the last unit of a multi-unit development is sold or leased.

6. Construction Signs advertising the services of professionals or building trades during sale, construction or alteration of a premise are permitted, provided only one (1) such sign shall be located on a development site. The sign shall not exceed twelve (12) square feet and shall be removed within fifteen (15) days of the completion of work.

7. Political Campaign Signs posted on private property shall have the permission of the owner. Such signs shall be removed within two (2) weeks following the election.

8. Illumination: If illuminated, the signs shall comply with the applicable requirements for the zoning district in which it is located.

489 OFF-STREET PARKING REQUIREMENTS

A. Application

1. Unless specifically exempted by the provisions of this Ordinance, all structures built and all uses established hereafter shall provide off- street parking areas in accordance with this Ordinance.

2. When an existing structure or use is expanded, parking spaces for the area or capacity of such expansion shall be required in accordance with this Ordinance.

3. An expansion or alteration of an existing use, or a subdivision or combination of zoning lots, shall not result in the elimination of any existing required off-street parking spaces.

81

B. General Provisions

1. Open Parking: Open-air parking areas shall be located on a zoning lot in accordance with the provisions of the district regulations and applicable regulations for accessory uses (Section 403).

2. Enclosed Parking: Enclosed parking facilities containing off-street parking shall be subject to the area and dimensional requirements applicable to principal structures in the zoning district, unless otherwise specified in this Ordinance.

3. Location: Required off-street parking spaces shall be located on the same zoning lot as the structure or use served unless a joint use or off-site parking plan is approved (See Sections 8 or 9 below).

4. Design and Maintenance:

a. Size. The minimum dimensions for a conventional parking space will be nine (9) feet in width by eighteen (18) feet in length, exclusive of curbs and maneuvering space. For a handicapped parking space, the size shall be twelve point five (12.5) feet in width by twenty (20) feet in length.

b. Access. Each parking space shall open directly onto an aisle or driveway in accordance with the following:

Parkina Anale [dearees) Aisle Width [feet) 30 12 45 60 90

13 18 24

Only one-way traffic shall be permitted in aisles serving spaces with an angle less than ninety (90) degrees. Driveways and aisles for other than single, two-family or individual townhouse dwellings shall be designed so that each vehicle may have ingress and egress from the space without moving any other vehicle. Accesses to parking areas shall be designed so as to provide safe exit and entrance from the public street, in accordance with applicable City or Pa DOT specifications.

82

5.

c. Surfacing. All parking areas, including those for single and two-family dwellings, shall be graded and paved or otherwise improved with an all-weather, dustless material of asphalt, concrete, grouted brick, paving blocks or similar materials approved by the City.

d. Striping. Parking areas providing for ten (10) or more vehicles shall be striped to outline the entire parking space with a durable paint and maintained in said manner.

Screening: All open off-street parking areas containing more than fifteen (1 5) parking spaces shall be effectively screened on each side by a wall, fence or densely planted compact evergreen hedge not less than three (3) feet in height. Parking areas shall be arranged and designed so as to prevent damage to, or intrusion into, such wall, fence or hedge. Clear sight triangles, as defined by this Ordinance, shall be maintained. Open parking areas for fifty (50) or more cars shall be interspersed with land forms or other appropriate landscape or planted areas.

6. Lighting: Any lighting used to illuminate off-street parking areas and driveways shall be directed away from residential properties or public streets in such a way as not to interfere with such uses. The lighting system shall furnish minimally an average of two (2) foot candles during hours of operation.

7. Repair and Service: No motor vehicle repair work or service of any kind shall be permitted in association with any off-street parking facilities.

8. Joint Use of Parking Spaces

a. Two (2) or more uses may share a common parking area provided the total spaces equal or exceed the sum of the spaces required for each use individually. However, the Planning Commission may approve a joint parking plan which permits a reduction in this total subject to the following:

1. A written report shall be prepared by the applicant which clearly demonstrates that one (1) or more uses require parking at times when other uses in the building or complex are not normally in operation and, therefore, the uses could share parking, thus reducing the total spaces that otherwise would be required for all uses.

83

2. Not more than fifty (50%) percent of the required parking spaces for any one use shall be supplied jointly with other uses, except that up to one hundred percent (100%) of the spaces for a place of worship or school may be supplied jointly with another use.

3. All uses shall be located within three hundred fifty (350) feet of the joint parking spaces and connected by safe pedestrian access.

4. A written agreement shall be executed with the City assuring the continued availability of the joint parking spaces to all proposed uses.

b. This joint parking provision shall not apply to shopping centers.

c. Any change or expansion of the uses sharing the joint parking area shall require a new review by the Planning Commission and may result in additional spaces being required and a revised agreement with the City.

d. Continued compliance with an approved joint parking plan is a condition of occupancy; any violation thereof may result in the suspension or revocation of the Certificate of Occupancy.

9. Off-Site Parking Facilities: The Planning Commission may approve a plan for providing all or some of the required off-street parking spaces on a lot other than the lot where the principal use is located, provided that:

a. Both lots are held in the same ownership, or a lease has been executed for the spaces which guarantees their availability for as long as the use exists. Evidence of ownership or a copy of the lease shall be filed with the City.

b. The off-site parking spaces are located within four hundred fifty (450) feet distance from the principal use and connected by a safe pedestrian walkway.

c. The continued availability of the approved off-site parking shall be a condition of occupancy for the principal use which they serve; any violation thereof may result in the suspension or revocation of the principal use's Certificate of Occupancy.

84

C. Required Spaces by Type of Use: The following shall be the minimum number of parking spaces required; additional spaces may be required by the City as a result of the development application review.

USE TYPE

Single, Two-Family, Townhouse

Multi Family Dwelling

Commercial Uses

Retail or Service Commercial unless specif ica I I y I isted

Bank, Financial Institution

Business or Professional Office other than medical or dental office

Eating and Drinking Establishment Si t-Down

Fast-Food

Funeral Home/Mortuary

MINIMUM REQUIRED SPACES

Two (2) per dwelling unit

One (1 ) per dwelling unit

One (1) per 200 sq. ft. gross floor area (GFA)

One (1 ) per 200 sq. ft. GFA


One (1) per 2.5 seats at tables and one (1 ) per two (2) seats at a bar or counter, plus one (1) per two (2) employees.

One (1 ) per 200 sq. ft. GFA designed for use in servicing customers plus one (1 ) per two (2) employees.

One (I) per three (3) seats in any chapel or seating area and not less than five (5) spaces for each viewing area or room.

Gasoline Service Station, Vehicular Repair Garage

HoteVMotel

Medical or Dental Office

Private School for Art, Music, Crafts, Dance, etc.

85

Two (2) spaces per service bay or station, plus one (1) per employee.

One (1 ) per guest room, plus parking requirements for any restaurant, bar or other facilities as required by this Ordinance.

One (1 ) per examining room, plus one (1 ) for each two (2) chairs in waiting room, plus one (1 ) per physician and staff member.

One (1 ) per staff member plus one (1 ) per three (3) students.

USE TYPE

Theater

Veterinary Office or Clinic or Hospital

I Commercial Recreation

I Bowling Alley

I Swimming Pool and Club

I Tennis, racquetball court, etc.

Others, not specifically listed

Industrial Uses

Manufacturing, warehouse and wholesale

Other Uses

I Place of Worship

Hospital, Nursing Home

Recreation, public or non-profit

Schools: Elementary

High School

All Others, not specifically listed

86

MINIMUM REQUIRED SPACES

One (1 ) per four (4) seats

One (1 ) per 150 sq. ft. GFA plus one (1 ) per staff member.

Four (4) per alley

One (1 ) space per 38 sq ft. of water area

4.5 spaces per court

Based on review by the Planning Commission

One (1 ) per two (2) employees on the two (2) largest shifts combined; or one (1 ) per 800 sq. ft. GFA if employment is not known.

One (1 ) per four (4) fixed seats

One (1 ) per three (3) beds, plus one (1 ) for each staff physician and one (1 ) for each two (2) other employees on the two (2) largest shifts combined.

~~


One (1 ) per four (4) persons of maximum design capacity for the facility

One (1 ) per fifteen (1 5) classroom seats

One (1 ) for each two (2) teachers and staff plus one (1 ) for each ten (1 0) students.

~~

Based on review by the Planning Commission

I I 1 ~I I 1

D. Calculation of Required Parking Spaces

1. When calculating the required number of spaces, a fractional space of one-half (1/2) or over shall be considered an entire space while a fraction below one-half (1 /2) may be disregarded.

2. In the case of a single or two-family residence or townhouse unit, a driveway for the dwelling may count as one (1) off-street parking space, provided such parking does not block access to parking for another dwelling.

3. Wherever employee parking is required by this Ordinance, it shall be calculated based on the number of employees on a peak shift.

410 OFF-STREET LOADING REQUIREMENTS

A. Application

1. In any zoning district, all structures and uses which require the receipt or distribution of materials or products by trucks or similar vehicles, shall provide accessory off-street loading spaces, as required by this Ordinance.

2. When an existing structure is expanded, accessory off-street loading spaces shall be provided in accordance with the following regulations for the area of such expansion. No existing required off-street loading spaces shall be eliminated or reduced by an expansion or alteration of an existing use, or subdivision or combination of zoning lots.

3. Off-street loading requirements may be modified or waived by the Planning Commission during the development plan review where the applicant can show that existing site constraints limit the application of these standards or the proposed use or uses for a structure need fewer loading spaces than required by this Ordinance or that uses can share loading spaces thus reducing the total otherwise required for the structure.

6. General Provisions

1. Location: All required loading spaces or berths shall be located on the same lot as the use served, and no portion of the vehicle shall project into any traffic lane. All motor vehicle loading berths which

87

abut or are adjacent to a residential district or use shall be completely screened therefrom by building walls, or a uniformly painted solid fence, wall, door, planted screen or any combination thereof, not fewer than six (6) feet nor more than eight (8) feet in height, No permitted or required loading space or berth shall be located within fifty (50) feet of the nearest point of intersection of any two (2) public streets or highways. No loading space or berth shall be located in a required front yard, and any loading space or berth located in a required rear yard shall be open to the sky.

2. Area: Unless otherwise specified, a required off-street loading space shall be fourteen (14) feet in width by at least fifty-five (55) feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least sixteen (16) feet. The required length may be reduced by ten ( IO) feet, if the applicant certifies that the off- street loading use will only be single-unit trucks or smaller.

3. Access: Each required off-street loading space shall be designed with appropriate means of vehicular access to a street, highway or alley in a manner which will least interfere with traffic movement.

4. Surfacing: All open off-street loading shall be improved with a compacted select gravel base, not less than seven (7) inches thick, surfaced with an all-weather, dustless material.

5. Repair and Service: No motor vehicle repair work or service of any kind shall be permitted in conjunction with any off-street loading faci I i t ies.

6. Utilization: Space allocated for any off-street loading berth shall not be used to satisfy the space requirements for any off-street parking facilities or portions thereof.

C. Required Off-street Loading Spaces

1. Uses exceeding 2,500 sq. ft. GFA shall provide off-street loading areas in accordance with the following:

88

I I I I 1 I 1 I 1 1 I I 1 I I 1 I I 1

I 1 I I I

I I

~I

USE

Manufacturing, Wholesale, Other Industrial Uses

Business and Professional Offices, Hotel

Food Stores and Other Retail Stores

REQUIRED BERTH (Based on Gross Floor Area)

One (1) berth for every 10,000 sq. ft. up to a maximum of three berths, then one (1 ) berth for each additional 25,000 sq. ft. or fraction thereof.

One (1 ) berth for 10,000 sq. ft., not exceeding a total of two (2) required stalls.

One (1 ) berth for every 5,000 sq. ft. up to a maximum of two stalls and then one (1 ) berth for every 20,000 sq. ft. or fraction thereof.

2. Uses for which off-street loading facilities are required by this Section, but which are located in buildings that have a floor area that is less than the minimum for which off-street loading facilities are required, shall provide adequate receiving facilities, accessible by motor vehicle, from any adjacent alley, service drive or open space on the same lot, in accordance with the provisions of this Ordinance.

411 TEMPORARY USES

A. Permit Required: A Certificate of Occupancy issued by the Zoning Officer is required for any temporary use of land or structure.

B. Authorized Temporary Uses

1. Residential Districts

a. Model home in a plan of homes used temporarily as a sales office which shall terminate upon the sale or rental of the last unit.

b. Rental office in a multi-family residential complex. c. Outdoor fair, exhibit, show, other special event sponsored by

a non-profit organization. d. Private garage/yard sale. e. Other temporary uses, as approved by the Planning

Commission.

89

2. All Other Zoning Districts

a. Flea Market b. Outdoor fairs, exhibits c. Temporary sales events d. Other temporary uses, as approved by the Planning

Commission

C. Conditions of Approval

1. Adequate off-street parking areas and traffic and pedestrian access shall be provided to the extent possible.

2. Any licenses and permits required to sell products or food or approvals from other governmental agencies shall be submitted prior to the issuance of a Certificate of Occupancy.

3. The City Chief of Police and Fire Chief shall be notified in writing of the temporary use.

4. If the applicant does not own the land on which the temporary use is to be located, a letter of agreement and/or permission between the applicant and the landowner shall be presented.

5. The temporary use or activity shall be conducted in a safe manner within the conditions set forth by the City. This includes, but is not limited to, provisions for security, trash pickup, and daily maintenance of the grounds.

6. The Zoning Officer may refer any application for a temporary use to the Planning Commission for review and recommendation prior to issuing the Certificate of Occupancy.

7. The provisions of this Section shall in no way authorize the outdoor display of automobiles, trailer or equipment rentals, or the sale of used furniture, used appliances, used plumbing, used building material or similar display or sale in any district except as specifically authorized by this Ordinance.

D. Temporary Construction Structures: Temporary structures and trailers used in conjunction with construction work may not be moved onto a site until the building permit has been issued and must be removed within thirty (30) days after the completion of construction. Permits for such temporary structures shall not exceed one (1) year.

I I I I I I I I I I I I I I I I I 1 I

90

41 2 SITE DEVELOPMENT STANDARDS

I I I I I I I

A. General Provisions: All uses, lots and structures within all zoning districts shall comply with the applicable requirements of Article IV, Design Standards, of the City Subdivision/Land Development Ordinance for the design, location, installation or provision of: streets, driveways, traffic circulation, parking, sidewalks and pedestrian ways, lighting, public utilities, stormwater management, erosion/sedimentation controls, grading and natural feature preservation.

B. Landscaping: All portions of a lot, excluding a lot for a detached single or two-family dwelling, not covered with buildings, buffer yards, streets, drives, parking and loading areas shall be suitably landscaped in accordance with the standards contained in the Subdivision/Land Development Ordinance.

41 3 FLOODPLAIN MANAGEMENT REGULATIONS

All properties which are located in a floodplain as identified on the maps issued by the Federal Insurance Administration, U.S. Department of Housing and Urban Development, shall be subject to all applicable regulations of the City's Floodplain Management Ordinance No. 95-1 8, as now or hereafter amended.

414 STORAGE OF RECREATIONAL VEHICLES

The parking or storage of recreational vehicles, as defined herein, shall be prohibited within the right-of-way of any public street. In "R' Residential Districts, recreational vehicles shall not be parked or stored in any required front yard for longer than seventy-two (72) hours. Recreational vehicles parked or stored in the side or rear yard shall be subject to the yard requirements for accessory structures. At no time shall such parked or stored recreational vehicle be occupied or used for dwelling purposes, even temporarily.

415 STORAGE OF COMMERCIAL VEHICLES AND CONSTRUCTION EQUIPMENT

Commercial vehicles and construction equipment, including, without limitation: trucks with a Gross Vehicle Weight ( G W ) of 1 1,000 pounds or greater, tractors of 40 horsepower or larger, tandems, tractor trailers, cargo moving equipment and construction equipment or vehicles of all kinds, shall not be stored or parked temporarily or permanently in any Residential Zoning District, except within a completely enclosed building.

91

ARTICLE V

ENVIRONMENTAL PERFORMANCE STANDARDS

I ' I I I I I I I I I I I

501

502

503

504

APP .IC, BlLlTY

All new and existing uses established within the Municipality shall comply with the performance standards contained in this Article. The standards shall apply to an existing use or structure, or portion thereof, when it is extended, enlarged, moved, structurally altered or reconstructed.

FIRE AND EXPLOSIVE HAZARDS

A. All activities and all storage of flammable solid, liquid and gaseous substances and explosive materials shall comply with all applicable federal, state and local laws and regulations including the provision of adequate fire- fighting equipment as specified by any law or regulation. All buildings and structures and activities within such buildings and structures shall conform to the City building and fire codes and other applicable ordinances.

B. Storage tanks or facilities for flammable liquids shall be located at least fifty (50) feet from any lot line and shall obtain permits in accordance with applicable State and County regulations.

TOXIC, HAZARDOUS AND RADIOACTIVE MATERIALS

Any activity which involves the use of toxic, hazardous or radioactive materials shall comply with all applicable Federal and State requirements regarding the use, storage, transportation, emission and disposal of such materials. Any such use or activity shall obtain and maintain all necessary licenses and permits from appropriate Federal and State agencies as a condition of occupancy.

AIR POLLUTION AND ODORS

A. There shall be no emission of smoke, ash, dust, fumes, particulate matter or other air pollutant which violates applicable Federal, State, County or City laws and regulations. Any use or activity in the City shall obtain and maintain all necessary license and permits from the appropriate County, State and Federal agencies as a condition of occupancy.

92

B. There shall be no emission of odorous gases or other matter in such quantities as to be offensive on adjoining streets or adjacent lots. Odor thresholds shall be measured in accordance with ASTM d-I 391 -57 "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)."

505 GLARE

A. No direct reflected glare whether from any lighting source or production operation shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level. Glare shall be defined as direct or indirect light from such activities of greater than one-half (0.5) foot candle at habitable levels.

B. When any street lighting produces illumination in excess of one (1) foot- candle at a particular point in a residential zoning district, the contribution by light sources from any property in a non-residential zoning district, as measured at the same point, shall not exceed fifty (50) percent of the street lighting.

C. No outdoor lighting shall be of such intensity or brilliance as to cause glare which would impair the vision of drivers.

506 NOISE

A. No operation or activity shall cause or create noise in excess of the sound levels prescribed below at any point on or beyond a lot boundary. For the purposes of this Ordinance, the noise level will be measured in decibels (dBA) which indicate the sound pressure level obtained from a frequency weighing network corresponding to the A-scale on a standard sound level meter.

1. Residential, RDY Districts: Not to exceed a maximum of sixty (60) dBA for more than one (1) hour per twenty-four (24) hours.

2. Commercial Districts: Not to exceed a maximum of sixty-five (65) dBA for more than eight (8) hours per twenty-four (24) hours.

3. Industrial, RDM Districts: Not to exceed a maximum of seventy-five (75) dBA.

I 1 I I I I I I 1 I I I I I I 1 I I I

93

1 I I I

I

I 1 I

4. Where two (2) zoning districts in which different noise levels are prescribed, share a common boundary, the most restrictive of the noise level standards shall govern.

B. The preceding noise standards shall not apply to the following:

1. Noises emanating from construction and/or maintenance activities between 7:OO a.m. and 9:00 p.m;

2. Noises caused by safety signals, warning devices and other emergency-related activities or uses; and

3. Transient noises emanating from moving sources, such as trucks, automobiles, airplanes and trains.

C. In addition to these regulations, all uses or activities within the City shall conform to any applicable City, County, State or Federal noise regulations.

507 VIBRATION

A. Vibration shall be measured at or beyond any adjacent lot line as indicated in Table A below and such measurements shall not exceed the particle velocities so designated. The instrument used for these measurements shall be a three-component measuring system capable of simultaneous measurement of vibration in three (3) mutually perpendicular directions.

B. The maximum vibration is given as particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:

P.V. = 6.28 F x D P.V. = Particle velocity, inches per second F D

= Vibration frequency, cycles per second = Single amplitude displacement of the vibration, inches

The maximum particle velocity shall be the vector sum of the three (3) individual components recorded. Such particle velocity shall not exceed the values given in Table A. Where vibration is produced as discrete impulses, and such impulses do not exceed a frequency of 100 per minute, then the values in Table A may be multiplied by two (2).

94

-

TABLE A

MAXIMUM GROUND TRANSMITTED VIBRATION BY ZONING DISTRICT

VIBRATION MEASURED ADJACENT IN: LOT LINE RESIDENTIAL DISTRICT

I 1 1 I ~~ ~

Industrial, RDM Districts

I Residential, RDY Districts I 0.02 I 0.02 I

0.10 0.02 I I Commercial Districts I 0.06 I 0.02 I

508 STORAGE

All garbage, trash and rubbish shall be stored in covered, vermin-resistant containers and shall be screened from public view.

509 DETERMINATION OF COMPLIANCE

A. If a proposed use or activity appears not to comply with the performance standards contained in this Section, the City may require the applicant to submit sufficient data and evidence to make an objective determination. Where the City must obtain technical assistance to determine compliance with any standard, the cost of such assistance shall be added to any required application fees.

B. For any existing use, the Zoning Officer shall investigate any purported violation of the performance standards and, with Council approval, employ qualified experts to assist in the determination of a violation. If a violation does exist, the costs for such technical experts shall be added to any other fines and penalties contained in this Ordinance.

510 AIRPORT HAZARD AREAS

A. Authority: Pursuant to the mandate of Act 164 of 1984, Sub-chapter B, known as the "Airport Zoning Act", the Allegheny County Airport Zoning Regulations are hereby adopted by reference as they relate to any airport hazard areas within the City limits.

B. Requirements: No zoning certificate, building permit or other land use approvals shall be issued or granted for any establishment or change in a land use, erection, construction, reconstruction, altering, razing, removal or occupancy of a structure or building within an airport hazard area within the City except in accordance with these regulations.

95

I I I I I I 1 I 1 I I I I I I I I I I

ARTICLE VI

NON -CON FORM ITlES

601 DEFINITIONS

A. NON-CONFORMING BUILDING OR STRUCTURE: Any structure which is devoted to a use which is permitted in the zoning district in which it is located but does not conform to required lot area and/or other dimensional requirements, provided such building or structure existed lawfully prior to the enactment of this Ordinance or any amendment to it.

B. NON-CONFORMING USE: A use of part or all of a structure or of land which does not comply with the applicable use regulations contained in this Ordinance, provided such use existed lawfully prior to the enactment of this Ordinance or any amendment to it.

C. NON-CONFORMING LOT OF RECORD: An undeveloped lot which does not comply with the applicable provisions contained in this Ordinance, or any amendment to it, but which was a legally recorded lot prior to the enactment of this Ordinance.

602 CONTINUATION

A. Subject to the provisions of this Section, a lawful nonconforming building, structure, use or lot of record may be continued.

B. The Zoning Officer shall keep and maintain a list of all non-conforming uses existing at the time of the passage of this Ordinance and which may come to exist in the future.

603 UNLAWFUL USE NOT AUTHORIZED

Nothing in this Article shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this Ordinance.

604 ALTERATIONS, REPAIR, ENLARGEMENT, RECONSTRUCTION OF NON- CONFORMING STRUCTURES

A. Nothing in this Article shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.

96

-

6. A non-conforming building or structure (excluding signs) may be altered, repaired, enlarged or reconstructed provided its non-conformity is not increased and the structure complies with other area and dimensional requirements of this Ordinance.

C. If a nonconforming structure, or use thereof, is destroyed totally or partially by fire, collapse, explosion or other disaster, it may be reconstructed (and the nonconforming use thereof continued) if work commences within one (1 ) year of the date of destruction and is completed within eighteen (1 8 ) months of issuance of the building permit. However, reconstruction shall not make the building or structure more non-conforming, in any aspect, than it was prior to destruction. Reconstruction must comply with applicable State and local building codes.

D. A lawful use in a nonconforming building or structure may expand within the existing building.

605 ALTERATION, ENLARGEMENT OR EXPANSION OF A NON-CONFORMING USE

A. In order to allow for reasonable economic growth, a nonconforming use may expand in terms of gross floor area, or lot coverage (measured in square feet) if there is no building, in accordance with the following limits:

Residential, RDY Districts: Up to thirty (30) percent increase

Commercial, Industrial, RDM Districts: Up to fifty (50) percent increase

6. Such expansion shall:

1. comply with applicable area and dimensional requirements for the zoning district in which it is located;

2. not result in making an existing conforming building or structure non- conforming;

3. not involve the extension of the non-conforming use onto any zoning lot other than that which it presently occupies; and

4. not reduce or eliminate off-street parking and/or loading areas required by this Ordinance.

97

C. The Zoning Hearing Board shall approve all extension or enlargements of non-conforming uses. The Board may authorize an expansion or enlargement exceeding the otherwise allowable percentages where the expansion is to provide required off-street parking or loading space or to correct a hazardous or unsafe condition in violation of a local, County, State or Federal law, and the expansion is not materially detrimental to surrounding properties or the interests of the City.

606 CHANGE OF NONCONFORMING USE

A. When a nonconforming use is changed to a conforming or more conforming use, it shall not be subsequently changed to a non-conforming use. A non- conforming use may be changed to a similar non-conforming use or one which more closely conforms to the uses authorized in the zoning district.

6. The Zoning Administrator may approve a change of one non-conforming use to another non-conforming use provided all of the following standards and criteria are met:

1. The proposed use shall be within the same type of use category as the original non-conforming use, such as one personal service business to another, or is a use that more closely conforms to the current district regulations. In making a determination of similar uses, the Zoning Administrator shall be guided by the Federal Office of Management and Budget Standard Industrial Classification Manual (current edition). In addition, the Zoning Administrator shall consider the following:

a. The number of employees, if any, proposed in the new use compared with the existing use.

b. The type of activities, products, equipment or processes and magnitude of walk-in trade, if any, in the new use compared with the existing use.

c. The impact on the environment of the proposed new use compared with the impact of the existing use.

d. The ability of the proposed new use to conform to the Performance Standards of Article V as compared with the existing use.

2. The new use shall be in keeping with the character of the neighborhood in which it is located.

98

3.

4.

5.

6.

7.

The new use shall conform to the off-street parking requirements of Section 409 of this Ordinance for the new use.

The new use shall be subject to the area and bulk regulations of the District in which the new use is located.

If located in or adjacent to a Residential Zoning District, the new use shall be subject to any applicable Buffer Area requirements of Section 206-F of this Ordinance, based on the Buffer Area required for the most restrictive Zoning District in which the proposed use is authorized.

The new use shall be subject to any applicable express standards and criteria for the new use, if the use is authorized as a conditional use or use by special exception in the most restrictive District in which the use is authorized.

Any necessary variances from these criteria or any other applicable criteria of this Ordinance shall be granted only by the Zoning Hearing Board.

C. The Zoning Administrator shall post the affected property with a notice of the proposed change of use for a period of at least ten (10) days prior to considering a decision on the application. The notice shall include a statement that any affected property owner may request that the matter be referred to the Zoning Hearing Board for a hearing. In the event that such a request is received in accordance with the procedure and time limits specified in the notice, the Zoning Administrator shall not act on the application and shall refer the request to the Zoning Hearing Board in accordance with the procedures for a public hearing specified in Section 704 - I of this Ordinance.

D. In the event that a landowner is dissatisfied with the decision of the Zoning Administrator, an appeal shall be filed with the Zoning Hearing Board.

E. The applicant shall pay the fee for an application for administrative approval of a change of non-conforming use established from time to time by Resolution of City Council. In the event that the adjacent property owners request a hearing before the Zoning Hearing Board, the applicant shall pay the fee for the Zoning Hearing Board hearing; however, the fee for the application for administrative approval shall be credited to the Zoning Hearing Board fee.

99

1 I I I I 1 1 1 I I 1 I

I E 1 1 1 I

e

. . . . . . ..___I . ..,. ,., .~ .... ... 6 , .. .

1 I 1 I I I

607 ABANDONMENT OF NON-CONFORMING USE

A non-conforming use of a building or land which has been abandoned shall not thereafter be returned to such non-conforming use. A non-conforming use shall be considered abandoned when one or more of the following conditions apply:

1. The intent of the owner to discontinue the use is apparent.

2. A non-conforming use has been discontinued for a period of twelve (12) consecutive months or a total of twelve (12) months within a period of eighteen (1 8) consecutive months.

3. Items 1 and 2 may be waived by City Council by considering the use of a non-conforming structure as a Conditional Use following the procedures outlined for a Conditional Use in Article Ill.

4. It has been replaced by a conforming use.

5. It has been changed to another non-conforming use under permit from the Zoning Hearing Board.

608 NON-CONFORMING LOT OF RECORD

A. Any lot of record existing at the effective date of this Ordinance may be used for the erection of a single family dwelling or a structure accessory to a single family dwelling, without a lot area or lot width variance, even though its lot area and lot width are less than the minimum required by this Ordinance, provided that the dwelling or accessory structure shall comply with the front, rear and side yards, height and lot coverage standards of the Zoning District in which it is located, provided that the following requirements are met:

1. The lot is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size, at such location, was not prohibited by any zoning ordinance then in effect.

2. The lot has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time the creation of such lot has been prohibited by the applicable zoning ordinance or ordinances.

100

6. In all other cases, a nonconforming lot of record shall not be built upon, unless a variance is granted by the Zoning Hearing Board or the lot is combined with an adjoining lot to create a new lot which complies with the lot width and area requirements of this Ordinance.

C. Where structures exist on nonconforming lots of record which have front yards which are less than the minimum depth required by this Ordinance, the minimum front yard for an adjacent undeveloped lot of record may be reduced to the average depth of the nonconforming front yards on the immediately adjacent developed lots of record in the same block on the same side of the street.

609 TERMINATION OF NON-CONFORMING SIGNS

A. Upon adoption of this Ordinance, the Zoning Officer shall prepare a list of all nonconforming signs. Owners of these signs shall be notified in writing that they have six years from the date of adoption of this Ordinance to remove, replace or modify their signs so that they comply with the applicable provisions of this Ordinance.

B. If the existing use ceases during that six (6) year period, any new use shall replace the non-conforming sign with a conforming one.

C. If the Zoning Officer orders repairs to any nonconforming sign, which equals fifty percent (50%) or more of the sign's replacement value, then the sign shall be brought into conformance as part of the repairs.

D. A nonconforming sign shall not be enlarged or altered in any aspect, except to make safety improvements or changes which will make the sign conforming, or more conforming, to the provisions of this Ordinance.

61 0 HISTORIC LANDMARKS

The applicable provisions for non-conformities shall not apply to any structure designated an historic landmark by the Pennsylvania Historical and Museum Commission or placed on the National Register of Historic Places.

61 1 DISTRICT CHANGES

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to a district of a different classification, the foregoing provisions shall apply to any non-conforming use, structure or lot of record existing therein.

101

I 1 I I 1 I 1 1 I I I I E I I 1 1 1 I

ARTICLE VI1

ADMINISTRATION AND ENFORCEMENT

701 ZONING OFFICER

A. Appointment: body and shall administer and enforce this Ordinance.

The Zoning Officer shall be appointed by the governing

B. Duties of the Zoning Officer: Ordinance, the Zoning Officer shall:

In order to administer and enforce this

1. Receive all applications for zoning certificates and occupancy certificates and maintain records thereof.

2. Issue zoning and occupancy certificates for all applications that comply with the literal terms of this Ordinance and other applicable ordinances, except where approvals are required from City Council, the Planning Commission, Zoning Hearing Board, or any other board or agency.

3. Receive, file and forward to the Planning Commission and City Council, all applications for conditional uses; maintain records thereof; and issue a zoning certificate when authorized by Council.

4. Receive, file and forward to the Zoning Hearing Board, the records in all appeals, and all applications for special exception uses, variances and changes of non-conforming uses; maintain records thereof; and issue a zoning certificate when authorized by the Zoning Hearing Board.

5. Inspect buildings, structures and uses of land to determine compliance with the provisions of this Ordinance.

6. Issue stop, cease and desist orders, and issue written correction orders for any condition found to be in violation of this Ordinance and other applicable ordinances.

7. Institute, with approval of, or at direction of, the governing body, appropriate legal action to prevent, restrain, abate or correct any violation of this Ordinance.

102

8. Revoke any order, zoning or occupancy certificate issued under a mistake of fact or contrary to the provisions of this Ordinance.

9. Make and maintain accurate and current records of all legal non- conformities under this Ordinance.

C. Inspections: Upon presentation of proper identification, the Zoning Officer shall have the authority to enter any building, structure, premises, property or development in the City, at any reasonable hour, in order to verify information provided in a pending application, assure compliance with any approved application or enforce the provisions of this Ordinance.

702 REQUIRED ZONING PERMITS

A. Zoning Certificates: Zoning Officer before any person may:

A Zoning Certificate shall be obtained from the

1. Occupy or use any vacant land or structure;

2. Change the use of a structure or land to a different use;

3. Construct, reconstruct, move, alter or enlarge any structure or building; or

4. Change a non-conforming use.

B. Procedure for Obtaining a Zoning Certificate

1. Applications for a Zoning Certificate shall be submitted in writing on forms provided by the City along with payment of the required fees in accordance with the Schedule of Fees.

2. The application shall be accompanied by a plot plan showing accurately and completely the location, dimensions and nature of any lot and/or structure involved in the application. The Zoning Officer may request any information necessary to determine the application's compliance with this Ordinance.

3. An application shall not be deemed officially filed until it is complete. Within five (5) working days after receiving an application, the Zoning Officer shall determine if the application is complete. If it is not, the Zoning Officer shall notify the applicant in writing of any deficiencies and shall not process the application any further until the

103

I I 1 1 1 1 I I I 1 I I I I 1 1 I 1 I

applicant remedies the deficiencies. Failure to provide the missing elements of the application within thirty (30) days shall constitute a withdrawal of the application.

4. The Zoning Officer shall not issue the Zoning Certificate until all other required approvals and/or permits have been obtained from the City, County, State and Federal agencies. The applicant shall submit copies of such approvals/permits to the Zoning Officer.

C. Coordination with Building Permits: Whenever the proposed activity requires a building permit under the terms of the City Building Code, the application for the zoning certificate shall be made prior to or simultaneously with the application for the building permit. However, the building permit shall not be issued until the zoning certificate has been approved.

D. Changes: After issuance of the zoning certificate, no change of any kind shall be made to the approved application, plans and certificate without written approval of the Zoning Officer, or in the case of a conditional or special exception use approval, City Council or the Zoning Hearing Board, as appropriate. Requests for any such change shall be in writing and shall be submitted to the Zoning Officer.

E. Duration of Zoning Certificate: A zoning certificate shall expire within six (6) months from the date of issuance if the subject use is not commenced or construction has not begun. All work must be completed no later than two (2) years from the date of issuance of the zoning certificate. Construction shall be considered to have started with: the preparation of land, land clearing, grading, filling; excavation for basement, footings, piers, or foundations erection of temporary forms; the installation of piling under proposed subsurface footings; or the installation of sewer, water or other utility lines.

F. Certificate of Occupancy

1. A certificate of occupancy shall be obtained before any person may occupy or use any structure or lot. An application for a zoning certificate does not permit occupancy; a certificate of occupancy is also required.

2. After completing the work covered by any zoning certificate, but before occupying or using the land or structure, the applicant shall notify the Zoning Officer who, within ten (1 0) days of the notice, shall inspect the subject use/structure. If he/she finds that such

104

3.

construction, erection, structural alteration, or use of building and/or land complies with this Ordinance, other applicable ordinances, and the approved plans, the occupancy certificate will be issued.

The Zoning Officer may issue a temporary occupancy certificate which allows the use or occupancy of a building or structure during structural alteration thereof or permits the partial use or occupancy of a building or structure during its construction or erection. The duration of the temporary occupancy shall not exceed three (3) months, and the Zoning Officer may attach any conditions he deems necessary to ensure the safety of persons using or occupying said building or structure.

G. Revocation of Zoning or Occupancy Certificate

1. Should the Zoning Officer discover that any work does not comply with the approved application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Zoning Officer shall revoke the zoning certificate and proceed with whatever legal action is necessary to correct the violation.

2. Any certificate issued in error which conflicts with the provisions of this Ordinance shall be null and void.

703 SCHEDULE OF FEES

The City may establish from time to time, fees and charges for the various permits, reviews and other actions required by this Ordinance. This schedule, along with an explanation of the collection procedure, shall be posted in the offices of the Zoning Officer. All fees and charges shall be adopted by ordinance by City Council at any regular or special meeting.

704 ZONING HEARING BOARD

A. Membership: The Board shall consist of five (5) residents of the City appointed by the Mayor and confirmed by Resolution of City Council. Their terms of office shall be five (5) years and so fixed that the term of office of one (1) member shall expire each year. The Board shall promptly notify the City of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the City.

105

I 1 1 I 1 1 I I 1 1 1 I I I I 1 I 1 1

I 1 I I 1 I 1 I

6. Alternate Members: Up to three (3) citizen residents may be appointed to serve as alternate members of the Board. An alternate member's term of office shall be three (3) years. When seated pursuant to the provisions of this Section, an alternate shall participate as a board member in all proceedings and discussions of the board, including voting, and shall have all the powers and duties provided by law to a board member. Alternates shall hold no other office in the City. Any alternate may participate in any proceeding or discussion of the board but shall not be entitled to vote as a member or be compensated unless designated as a voting member pursuant to Section 704 E.

C. Removal of Members: A Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of City Council, taken after the member has received fifteen (1 5) days advance notice of the intent to take such a vote. A public hearing shall be held prior to the vote if the member shall request it in writing.

D. Organization of the Board

1. The Board shall elect its officers from its own membership, who shall serve annual terms and may succeed themselves.

2. For the conduct of any hearing and the taking of any action, a quorum shall be a majority of all the members of the Board.

3. The Board may make, alter and rescind rules and forms for its procedure consistent with the ordinances of the City and the laws of the Commonwealth.

4. The Board shall keep full public records of its business and submit an annual report of its activities to City Council.

E. Designation of Alternates: If by reason of absence or disqualification of a member, a quorum is not reached, the Board chair shall designate as many alternate members as may be needed to provide a quorum. Any alternate member shall continue to serve on the board in all proceedings involving the matter or case for which the alternate was initially appointed until the board has made a final determination of the matter or case. Designation of an alternate pursuant to this Section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.

106

F. Expenditures for Services: Within the limits of funds appropriated by Council, the Zoning Hearing Board may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical services. The Board's legal counsel shall be an attorney other than the municipal solicitor. City Council shall make provision in its budget and appropriate funds for the operation of the Board based on an annual budget request submitted by the Board.

G. Compensation: Board members may receive compensation for the performance of their duties, as may be fixed by Council.

H. Applications to the Board

1. All applications for hearings shall be filed with the Zoning Officer on the form prescribed by the City. The application shall contain or be accompanied by such copies, information and plans as required by the application form, including a site or plot plan drawn to scale showing the proposed activity and other information necessary to evaluate the application under the provisions of this Ordinance.

2. Within five (5) working days of receiving the application, the Zoning Officer shall determine if the application is complete. If it is incomplete, the Zoning Officer shall notify the applicant in writing of the deficiencies and suspend processing of the application. Failure to provide the missing elements within thirty (30) days of notice shall constitute a withdrawal of the application.

3. An appeal from a decision of the Zoning Officer or a validity challenge may be filed by the affected landowner, by any officer or agency of the City or any person aggrieved. Requests for a variance or special exception may only be filed by the landowner or a tenant with the permission of the landowner.

1. Hearings:

1. Time Limit: Once an application for a hearing is complete, the Board shall fix a time and place for such hearing within sixty (60) days of the applicant's request, unless the applicant has agreed to an extension of time.

2. Notice:

a. Public notice shall be given in accordance with this Ordinance.

107

, . . . .

3.

b. Written notice shall be mailed to the applicant, the Zoning Officer, the City Clerk, members of City Council, the Chair of the Planning Commission and any person who has made timely request for such notices.

c. Written notice shall be posted conspicuously on the affected property at least one (1) week prior to the hearing.

Conduct:

a. Hearings shall be conducted by the Board, or the Board may appoint a Hearing Officer. The decision, or where no decision is called for, the findings shall be made by the Board, but the appellant or applicant, in addition to the City, may, prior to the decision of the hearing, waive the decision or finding by the Board and accept the decision or findings of the Hearing Officer as final.

b. Parties to the hearing shall be the City, any person who is affected by the application who has made timely appearance of record before the Board, and any other person including civic or community organizations permitted to appear by the Board. The Board shall have the power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.

c. The chair or acting chair of the Board or the Hearing Officer presiding shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and documents requested by the parties.

d. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

e. Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.

f. The Board or the Hearing Officer, as the case may be, shall keep a record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the

108

party requesting said original transcript or by the person appealing from the decision of the Board, if such appeal is made. The cost of additional copies shall be paid by the person requesting such copies.

9. The Board or the Hearing Officer shall:

1. not communicate, directly or indirectly, with any party or hidher representatives in connection with any issue involved except upon notice and opportunity for all parties to participate;

2. not take any notice of any communication, reports, staff memoranda or other materials, except advice from its solicitor, unless the parties are afforded an opportunity to contest the material so noticed; and

3. not inspect the site or its surroundings after the commencement of hearings with any party or representative unless all parties are given an opportunity to be present.

h. The Board or the Hearing Officer shall render a written decision or, when no decision is called for, make written findings on the application within forty-five (45) days after the last hearing before the Board or Hearing Officer. A decision by the Board shall require the majority of any quorum voting on the case. In the event that there is a tie vote, the case shall be deemed denied.

1. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefore. Conclusions based on any provisions of this Ordinance or of any act, rule, or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found.

j. If the hearing is conducted by a Hearing Officer, and no stipulation has been made that the officer's decision or findings are final, the Board shall make the Hearing Officer's reports and recommendations available to the parties within forty-five (45) days, and the parties shall be entitled to make

109

written representations thereon to the Board prior to the final decision or entry of findings. The Board's decision shall be entered no later than thirty (30) days after the report of the Hearing Officer.

k. Where the Board fails to render a decision within the time period specified by this sub-section, or fails to hold a hearing within the required time period, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing or on the record to an extension of time.

1. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as provided above, the Board shall give public notice of said decision within ten (10) days from the last day it could have met to render a decision; notice shall be given in the manner prescribed by Sub-section (a) of this Section. If the board fails to provide such notice, the applicant may do so. Nothing in this Sub-section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.

4. Final Decision:

a. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or sent by certified mail no later than one (1) day after the decision.

b. The Board shall provide, by mail or otherwise, a brief notice of the decision or findings and a statement of the place at which the full decision or all findings may be examined to:

1.

2. the Zoning Officer; 3. the City Clerk; 4. President of Council and 5.

all persons who filed their names and addresses with the Board not later than the last day of the hearing;

Chair of the Planning Commission

110

c. The Board may cancel or revoke an approval for any violation of this Ordinance or of the conditions imposed with the approval.

J. Time Limitations for Filing Appeals

1. No person shall be allowed to file any proceeding with the Board later than thirty (30) days after an application for development, preliminary or final, has been approved by an appropriate City officer or body, if such a proceeding is designed to secure reversal or to limit the approval in any manner, unless such person alleges and proves that he had no notice, knowledge, or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.

2. The failure of anyone other than the landowner to appeal from an adverse decision by the Zoning Officer on a challenge to the validity of an ordinance or map pursuant to Section 916.2 of the Municipalities Planning Code, shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative approval.

3. All appeals from determinations adverse to the landowner shall be filed by the landowner within thirty (30) days after notice of the determination is issued.

K. Stay of Proceedings

1. Upon filing of any proceeding, and during its pendency before the Board, all land development pursuant to any challenged ordinance, order, or approval of the Zoning Officer, or any agency or body, and all official action thereunder shall be stayed, unless the Zoning Officer, or any other appropriate agency or body, certifies to the Board facts indicating that such a stay would cause imminent peril to life or property. In this case, the development, or official action, shall not be stayed except by a restraining order which may be granted by the Board, or the court having jurisdiction over zoning appeals on petition, after notice to the Zoning Officer or any other appropriate agency.

I 1 I I 1 I I 1 I 1 I 1 1 1 1 1 I I 1

111

2. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Board by persons other than the applicant, the applicant may petition the County Court of Common Pleas to order such persons to post bond as a condition to continuing the proceedings before the Board. The Court's hearing and decision on the petition shall be in the manner prescribed by the Planning Code. (See: MPC Section 91 5.1 )

L. Jurisdiction of the Board: The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:

1. Substantive challenges to the validity of any land use ordinance, except those brought to Council together with a curative amendment, according to the provisions of the Planning Code. (See: MPC, Section 916.1)

2. Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment, which challenges shall be raised by appeal within thirty (30) days after the effective date of said ordinance.

3. Appeals from the determination of the Zoning Officer, including, but not limited to the granting or denial of any permit, or failure to act on the application therefor; the issuance of any cease and desist order; the registration or refusal to register any non-conforming use, structure or lot; or a preliminary land use determination pursuant to Section 916.2 of the Planning Code.

4. Appeals from a determination by the City Engineer or Zoning Officer with reference to the administration of any floodplain ordinance.

5. Applications for variances from the terms of this Ordinance and any floodplain ordinance.

6. Applications for special exceptions and changes to non-conforming uses pursuant to the provisions of this Ordinance.

7. Appeals from the determination of the Zoning Officer or City Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion and stormwater management insofar as the same relate to development not involving subdivision and land development applications.

112

M. Variances

1. The Board shall hear a request for a variance where it is alleged that the provisions of this Zoning Ordinance inflict unnecessary hardship upon the applicant.

2. The Board may grant a variance only if the applicant demonstrates and the Board finds: ' a. That there are unique physical circumstances or conditions

including irregularity, narrowness or shallowness of lot size or shape or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions, and not to be circumstances generally created by the provisions of the Zoning Ordinance in the neighborhood or district in which the property is located.

b. That, because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance; and the authorizations of a variance is therefore necessary to enable the reasonable use of the property.

c. That such unnecessary hardship had not been created by the appellant.

d. That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property nor be detrimental to the public welfare.

e. That the variance, if authorized, will represent the minimum variance which will afford relief and represent the least modification possible of the regulation in issue.

'A mere showing of economic hardship alone does not justify the granting of a variance. [See Hansen Properties v. Zonina Hearina Board of Horsham Township, 566 A.2d 926 (Pa. Comwlth. 1989)] A landowner must show that the physical characteristics of hidher property are such that it cannot be used for any permitted purpose, or for a permitted purpose only at prohibitive expense, rendering the property practically valueless if the variance is not granted.

113

1 I I I I 1 I 1 I 1 I 1 1 1 I 1 1 I 1

3. The Board shall request the review and comments of the Planning Commission on any variance application, which shall be made part of the public record.

4. The Board may attach to any variance such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Zoning Ordinance.

5. Variances shall not be granted which would:

a. Permit a structure to be constructed or altered so that it deviates from any dimensional requirement of this Ordinance by more than fifteen (1 5%) percent.

b. Permit the creation of an additional lot or parcel that can not otherwise be developed in compliance with this Ordinance and other applicable regulations.

c. Permit an increase in the otherwise allowable area of a sign by more than ten (1 0%) percent.

6. A variance shall be valid for a period of one (1) year. If a building permit is not issued and construction commenced, or if no building permit is required or an occupancy certificate is not issued, the variance shall become null and void.

61. Special Exceptions

1. The Board shall hear and decide requests for such special exceptions in accordance with the standards and criteria specified in Article 111 of this Ordinance.

2. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this Ordinance, as it may deem necessary to implement the purpose of this Ordinance.

3. The Board shall request the review and comments of the Planning Commission on any application for a special exception, which shall be made part of the public record.

114

0. Changes of Nonconforming Uses: The Zoning Hearing Board shall hear requests for a change of one non-conforming use to another in accordance with Section 605 of this Ordinance.

705 APPEALS

All appeals from the decisions of the Zoning Hearing Board shall be taken to the County Court of Common Pleas within thirty (30) days after the entry of the decision of the Board in accordance with the provisions of Article X-A of the Municipalities Planning Code.

706 APPLICABILITY OF JUDICIAL REMEDIES

Nothing contained in this Ordinance shall be construed to deny the appellant the right to proceed directly to court where appropriate, pursuant to the Pennsylvania Rules of Civil Procedure No. 1091 (relating to action in mandamus).

707' AMENDMENTS TO THE ZONING ORDINANCE OR MAP

A. Amendments Other Than Curative Amendments

1. Council may amend this Ordinance as proposed by a member of Council, by the Planning Commission, or be a petition of a person residing or owning property within the City.

2. Petitions for amendment shall be filed with the Planning Commission, and the petitioner, upon such filing, shall pay any fees in accordance with the Schedule of Fees. The Planning Commission shall review the proposed amendment and report its findings and recommendations in writing to the Council and to the petitioner.

3. Any amendment not prepared by the Planning Commission shall be referred to the Planning Commission for review at least thirty (30) days prior to the public hearing.

4. At least thirty (30) days prior to the public hearing, the amendment shall be sent to the County Planning Commission for its recommendations.

5. Before voting on the enactment of an amendment, City Council shall hold a public hearing hereon, pursuant to public notice as defined by this Ordinance. in addition, if the proposed amendment involves a zoning map change, notice of said public hearing shall be

115

. . . , . . _. .I . . , . . . . . , e ,* . . . , .

1 I 1

6.

7.

8.

9.

10.

conspicuously posted at points deemed sufficient by the City along the perimeter of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one (1) week prior to the date of the hearing.

If after any public hearing held upon an amendment, the proposed amendment is revised, or further revised, to include land previously not affected by it, Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.

The proposed amendment shall be published once in one newspaper of general circulation in the City not more than sixty (60) nor less than seven (7) days prior to passage. The publication shall include either the full text or a brief summary of the amendment, prepared by the City solicitor, which states the amendment's provisions in reasonable detail. If the full text is not published:

a. A copy shall be supplied to a newspaper of general circulation at the time the public notice is published.

b. An attested copy of the proposed amendment shall be filed in the County Department of Administration.

If substantial amendments are made in the proposed amendment, at least ten (10) days before voting on the enactment, the City shall re-advertise a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.

A vote on any proposed amendment shall take place at a regular or special meeting of Council, following the public hearing or hearings.

Within thirty (30) days after enactment, a copy of the amendment shall be forwarded to the County Planning Commission.

B. Curative Amendments by Landowners

1. A landowner who desires to challenge, on substantive grounds, the validity of this Ordinance or Map (or any provision thereof) which restricts or prohibits the use or development of land in which he/she has an interest may submit a curative amendment to City Council, as provided by the Municipalities Planning Code.

116

C.

2. Council shall commence a hearing within sixty (60) days of the request. Procedures for reviewing and conducting hearings on the curative amendment shall follow Section 704 - I above.

Municipal Curative Amendments

1. The City, by formal action, may declare its Zoning Ordinance or portions thereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity.

2. Within thirty (30) days following such declaration and proposal, Council shall:

a. By Resolution, make specific findings setting forth the declared invalidity of the Zoning Ordinance which may include:

1. References to specific uses which are either not permitted or not permitted in sufficient quantity;

2. Reference to a class of use or uses which require revision; or

3. Reference to the entire Ordinance which requires revisions.

b. Begin to prepare and consider a curative amendment to the Ordinance to correct the declared invalidity.

3. Within 180 days from the date of the declaration and proposal, the City shall either enact a curative amendment or vote to reaffirm the validity of its Zoning Ordinance. The procedures for adopting a curative amendment shall be as prescribed by Section 706-(A) of this Ordinance.

4. Upon the initiation of the procedures set forth in Sub-section A above, Council shall not be required to entertain or consider any landowner's curative amendment. Similarly, the Zoning Hearing Board is not required to give a report on any challenge to the validity of the Ordinance if the said challenge is based upon grounds identical to or substantially similar to those specified in Council's resolution.

117

-

I I 1 1 1

5. Upon completion of the procedures as set forth in Sub-sections 1 and 3, no rights to a cure pursuant to the provisions of Section 707 B of this Ordinance shall, from the date of the declaration and proposal, accrue to any landowner on the basts of the substantive invalidity of the unamended Zoning Ordinance for which there has been a curative amendment pursuant to this Section.

6. The City may not again utilize the above procedure for a municipal curative amendment for a 36-month period following the date of the enactment of a curative amendment, or the reaffirmation of the validity of its Zoning Ordinance. However, if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the City by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the City may utilize the provisions of this Section to prepare a curative amendment to this Ordinance to fulfill said duty or obligation.

708 ENFORCEMENT

A. Notices

1. Whenever the Zoning Officer or other authorized City representative determines that there are reasonable grounds to believe that any provision of this Ordinance, or of any regulation adopted pursuant thereto, has been violated, the Zoning Officer shall give written notice of such alleged violation. The notice shall be sent to the owner of record, to any person who has filed a written request to receive enforcement notices regarding the parcel and to any other person requested in writing by the owner of record.

2. Such notice shall state:

a. The name of the owner of record and any other person against whom the City intends to take action;

b. The location of the property in violation and the specific violation with a description of the requirements that have not been met, citing in each instance the applicable provisions of the Ordinance;

c. The date by which steps for compliance must commence and when such steps must be completed;

118

d. The recipient's right to appeal in accordance with the procedures contained in this Ordinance; and

e. That failure to comply with the notice within the specified times, unless extended by appeal to the Zoning Hearing Board, constitutes a violation with possible sanctions clearly described.

B. Causes of Action

1. In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained, or used in violation of this Ordinance; the Zoning Officer with approval of Council, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation.

2. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the City at least thirty (30) days prior to the time the action is begun by serving a copy of the complaint to City Council. No such action may be maintained until such notice has been given.

C. Enforcement Remedies

1.

2.

Any person, who has violated or permitted the violation of the provisions of this Ordinance shall, upon being found liable therefor in a civil enforcement proceeding commenced by the City, pay a fine of not less than $50.00 and not more than $500.00 plus court costs, including reasonable attorney fees incurred by the City. No judgement shall commence or be imposed, levied or be payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgement, the City may enforce the judgement pursuant to applicable rules of civil procedure.

3. Each day that a violation continues shall constitute a separate violation unless the district justice further determines that there was a good faith basis for the person violating the Ordinance to have

119

I I

believed that there was no such violation. In such case, there shall be deemed to have been only one (1) such violation until the fifth (5th) day following the date of the district justice's determination of a violation; thereafter each day that a violation continues shall constitute a separate violation.

4. All judgments, costs and reasonable attorney fees collected for the violation shall be paid over to the City.

5. The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.

i I I I

6. Nothing contained in this Section shall be construed or interpreted to grant to any person or entity other than the City, the right to commence any action for enforcement pursuant to this Section.

I I I :I I I 1 I

120

I I I I I 1 1 I I I 1 I I I I

ARTICLE Vlll

DEFINITIONS

801 RULES OF INTERPRETATION

A. For the purposes of this Ordinance certain terms and words uses herein shall be interpreted or defined as follows:

Words used in the present tense shall include the future.

Words in the singular shall include the plural.

The word "person" includes a corporation, company, partnership and association, as well as an individual.

The word "lot" includes the words "plot" or "parcel."

The term "shall" is always mandatory.

The words "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designated to be used or occupied."

The word "building" includes the word "structure."

B. The particular shall control the general

C. Whenever a measurement of distance is called for by this Ordinance, it shall be taken from the principal entrance or access of one use or structure to the principal entrance/access of another along the most direct line or route on, along or across public streets.

D. In case of any difference of meaning or implication between the text of this Ordinance and any caption or illustration, the text shall control.

802 DEFINITIONS

ACCESSORY USE OR STRUCTURE: A use, building or structure, the use of which is customarily incidental and subordinate to the main or principal use, building or structure and which is located on the same lot therewith.

121

ALLEY: A narrow service way providing a secondary public means of access to the rear or side of properties otherwise abutting on a street.

ALTERATION: An incidental change, rearrangement, replacement or enlargement in the structural parts or in the means of egress, whether by extending on a side or by increasing in height, or the moving from one location or position to another; or by change in use from that of one district classification to another.

AMUSEMENT ARCADE: A business or portion thereof, having on its premises for use by the public, four or more video or electro-mechanical devices operated by inserting a coin or token.

APPLICANT: application for development including hidher heirs, sticcessors and assigns.

A landowner or developer, as hereinafter defined, who has filed an

APARTMENT: See dwelling, multi-family.

BASEMENT OR CELLAR: A story wholly or partly underground. A basement shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five (5) feet.

BILLBOARD: See Sign, Billboard.

BLOCK: An area bounded by three or more streets.

BOARD: The Zoning Hearing Board established by this Ordinance.

BOARDING OR ROOMING HOUSE: A residential building other than a hotel, where the owner/occupant offers sleeping accommodations (with no separate kitchen facilities and with shared or private baths) for compensation to three or more persons. A boarding house shall not include dormitories, fraternity or sorority houses or any residence that provides personal assistance or supervision associated with a group residence for handicapped persons, group home, personal care home, nursing home or institutional facility as defined by this Ordinance.

BUFFER YARD: An area of land which may include natural or artificial land forms or a planted area with shrubs, bushes, trees, grass or other ground cover material or a structure such as a fence or wall, which provides a compact visual screen in order to separate and protect adjacent properties with differing uses.

BUILDING: Any covered structure that is permanently affixed to the land; be all manufactured homes and trailers to be used for human occupancy.

122

included shall


I I I I

I I

BUILDING AREA: The area of the lot within the building lines, bounded by the required yards; where there is no required yard, then bounded by the lot line.

BUILDING LINE: A line which designates the minimum distance that a building must be erected from a street right-of-way line. Such distance shall be measured at a right angle from the front street right-of-way which abuts the property upon which said building is located and be parallel to said right-of-way line. The building line shall not include steps.

BUILDING SPACING: The minimum distance between two (2) buildings. The building spacing shall be measured from the outermost wall or projections, excluding bay windows, chimneys, flues, columns, ornamental features, comices and gutters, provided these exceptions do not encroach more than two (2) feet.

BULK: The term used to describe the size of buildings and their relationship to one another, to open areas, and to lot lines. Requirements relating to the bulk include standards for size including area, height and floor area of a building; the number of dwelling units in a residential building in relationship to the area of the lot; and areas in yards or other open spaces.

BUSINESS AND PROFESSIONAL OFFICE: The office of an engineer, doctor, dentist, attorney, real estate broker, insurance broker, architect, or other similar professional person; and any office used primarily for accounting, correspondence, research, editing or administration. Not included in this definition are banks and other financial institutions.

CANOPY: A lightweight structure attached to the ground and/or to a wall and extended over a sidewalk or other pedestrian walkway, where such structure is used primarily for purposes of shelter and not advertising.

CARPORT: A structure used for the shelter of a vehicle and which includes a roof attached to the side or back of the principal building and/or supported by four columns and which is open on two or more sides from the roof to the ground over which it stands (unless specified otherwise herein. )

CARWASH: A structure, or portion thereof, either fully or partially enclosed, where one or more vehicles may be washed using mechanized equipment or by self-service.

CELLAR: See basement.

CEMETERY: A burial place or graveyard including mausoleum, crematory or co I um bari u m .

123

r

CERTIFICATE OF OCCUPANCY: A certificate issued by the Zoning Officer upon site inspection, attesting that the use or structure meets all requirements of this Ordinance, complies with all approved plans and may be used or occupied for the specified use.

CHURCH: See Place of Worship.

CITY: The City of McKeesport, Pennsylvania

CLEAR SIGHT TRIANGLE: The unobstructed sight along both roads or driveways at an intersection and across their included corner for distances sufficient to allow the operators of vehicles approaching simultaneously to see each other in time to prevent a collision. The minimum sight triangle may vary according to type of street and speed limit. Sight distance along the street shall be measured at the height of the driver's eye, which is assumed to be 3.75 feet above the road surface. (See illustration)

CLUB: An association organized and operated not for profit for persons who are bona fide members paying annual dues, and which owns, hires, or leases premises, the use of which premises is restricted to such members and their guests. The affairs and management of such association are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting. Food, meals and beverages may be served on such premises, provided adequate dining room space and kitchen facilities are available. Alcoholic beverages may be sold or served to members and their guests, provided such service is secondary and incidental to the promotion of some other common objective of the organization, and further provided that such sale or service of alcoholic beverages is in compliance with all applicable federal, state, county and local laws.

COMMERCIAL: Engaging in a business, enterprise, activity, or other undertaking for profit .

COMMERCIAL RECREATION: Bowling alleys, billiard and pool halls, golf courses (regular and miniature), gymnasiums, exercise or fitness centers, swimming pools, and similar uses which are operated on a commercial, for-profit basis. Such uses do not include theaters, amusement arcades (as defined by this Ordinance), amusement or theme parks, or major sports arenas/stadiums or race tracks.

COMMON OPEN SPACE: A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents or occupants of the development, but excluding streets, off-street parking areas, and areas set aside for public facilities.


124

. .. .I .. .

I I

I I I I I I I I I I I

II

' I

COMMUNICATIONS TOWER: Any antenna and associated structures designed for transmitting or receiving radio, television or telephone communications which is operated by a public utility or by any entity regulated by the Public Utilities Commission (PUC) or the Federal Communications Commission (FCC), or operated by any agency, franchisee or authority of the Commonwealth of Pennsylvania, Allegheny County or City of McKeesport or by any police, fire, medical or emergency management agency.

COMPLETELY ENCLOSED BUILDING: A building which has four (4) walls and a roof designed so that all walls are solid from the ground to the roof, containing no openings other than windows and doors.

CONDITIONAL USE: A use which may be permitted in one or more zoning districts upon approval of City Council which may grant approval pursuant to express standards and criteria and the provisions of this Ordinance and recommendations by the Planning Commission.

CONDOMINIUM: Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners. For purposes of this Ordinance, condominium refers to a method of owning real estate and not to a type of unit or structure.

CONSTRUCTION: The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of manufactured homes.

CONSTRUCTION TRAILER A vehicle with or without its own motive power and used for a temporary field office or storage purposes at a construction site.

CONVENTIONAL RESTAURANT: An establishment whose principal business is the sale of foods or beverages to customers in a ready-to-eat state and whose design or principal method of operation includes either customers served at a counter or table by the restaurant's employees or cafeteria-type operation where foods are consumed within the restaurant.

CORNER LOT: See Lot, Corner.

COUNCIL: The Council of the City of McKeesport.

COUNTY: Allegheny County, Pennsylvania

DAY: Days shall be measured by calendar days wherever a time period is stipulated in this Ordinance.

125

I

DAY CARE CENTER (ADULT): A facility providing care for less than twenty-four (24) consecutive hours for three (3) or more adults who are not relatives of the operator and who because of physical or mental infirmity require assistance to meet personal needs, but who do not require nursing care.

DAY CARE CENTER (CHILD): A facility providing care, supervision and/or instruction for six (6) or more children under the age of twelve (12) years for a period of less than twenty-four (24) hours and licensed to operate as such by the Pennsylvania Department of Public Welfare.

DENSITY: A measure of intensity of use expressed as in dwelling units per acre.

DEVELOPER: Any landowner, agent of such landowner or tenant with the permission of such landowner, who undertakes a development.

DEVELOPMENT: Any change to real estate, including but not limited to the erection, construction or placement of a structure or building, utilities, streets, parking and loading areas or other paved filling, grading, excavation, mining, drilling or dredging operations, the placement of manufactured homes, and the subdivision of land.

DEVELOPMENT PLAN: The provisions for the development of a site, including a plat or subdivision, all covenants relating to use, location and bulk of building and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities.

DUPLEX: See Dwelling, Two-Family.

DWELLING UNIT: Any building or portion thereof constituting a separate independent housekeeping establishment for one or more persons, and containing independent cooking, sanitary and sleeping facilities. It shall not be deemed to include hotels, boarding houses, nursing homes, institutional facilities, personal care homes and residence clubs.

DWELLING, MULTI-FAMILY: A residential building containing three (3) or more separate dwelling units.

DWELLING, SINGLE FAMILY: manufactured (mobile) home, occupied by only one family.

A detached residential dwelling unit, other than a

DWELLING, TWO-FAMILY: A detached building, other than a manufactured home, occupied by only two (2) families, independent of each other, with two (2) units either attached side by side or one above the other.

126

1 I I I I I I I I I I 1 1 1 I I 1 I I

EATING AND DRINKING ESTABLISHMENT: A place open to the general public for the sale and consumption on the premises of food and/or beverages, which includes restaurants, bars, taverns and similar establishments.

ENGINEER: Pennsylvania, and duly appointed as the engineer for the City.

A professional engineer licensed as such in the Commonwealth of

EXISTING USE OR STRUCTURE: A use or structure in existence as of the effective date of this Ordinance.

FAMILY: An individual or two (2) or more persons related by blood, adoption, marriage or foster relationship, including domestic servants, or no more than three (3) unrelated persons living together as a single, permanent housekeeping unit in accordance with the occupancy limits for the dwelling specified in the City's Building Code, as distinguished from a group occupying a boarding house, club, fraternity, hotel, personal care home, group home, nursing home or institutional facility.

FARM: A lot or parcel used for the raising of field, truck and tree crops the products of which are for sale to others, including necessary farm structures.

FAST FOOD RESTAURANT: A restaurant where the retail sale of prepared or pre- measured food items are ordered by the customer at a window, counter or vehicle rather than from a table and which is designed to facilitate quick service and take-out orders.

FENCE: Any structure constructed of wood, metal, wire, mesh or masonry erected for the purpose of screening one property from another to assure privacy, protection or confinement of the property.

FLOODPLAIN: A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; and/or an area subject to the unusual and rapid accumulation or runoff of surface waters.

FLOODPLAIN DISTRICT: All areas subject to the inundation by waters of the one- hundred (1 00) year flood, including areas identified as floodway (FW), flood-fringe (FF) and general floodplain areas (FA). The basis for delineation of this district shall be the same as designated in the documentation of the Flood Insurance Study, the Flood Insurance Rate Map and the Flood Boundary and Floodway Map for the City, as prepared by the Federal Emergency Management Administration (FEMA).

FRONT YARD: See Yard, Front.

GARAGE: A fully enclosed building for the storage of buildings in which fuel is sold, or repair or other service is

127

motor vehicles, not including performed.

GASOLINE SERVICE STATION: Building and premise where petroleum products, batteries, tires and automobile accessories may be supplied and sold at retail, and where services may be rendered in connection with these products, such as state inspection, greasing, hand washing, polishing, lubricating and similar services, and minor repair work.

GRADE: A reference plane representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and lot line or, when the lot line is more than six (6) feet from the building, between the building and a point six (6) feet from the building.

GREENHOUSE: The indoor raising of plants, shrubs, and trees for sale and transplantation.

GROSS FLOOR AREA (GFA): The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior wall or from the center line of walls separating two (2) buildings. For the purposes of determining permissible size, off-street parking and loading and similar requirements, "floor area" shall include: (1) floor space devoted to the principal use of the premises, including accessory storage areas located within selling or working space such as counters, racks, or closets; (2) any basement floor area devoted to retailing activities; and (3) floor area devoted to the production or processing of goods or to business or professional offices. For this purpose, floor area shall not include space devoted primarily to storage purposes (except as noted above), off-street parking or loading facilities, including aisles, ramps and maneuvering space, or basement floor area other than area devoted to retailing activities, the production or processing of goods, or business or professional offices.

GROSS LEASABLE AREA (GLA): Total floor area designed for the exclusive use and occupancy of building occupants, including basements, mezzanines and upper floors, but not including public or common areas such as public toilets, corridors, stairwells, elevators, machine and equipment rooms, lobbies or mall areas, whether open or enclosed. GLA shall be measured from the center line of joint partitions and from the outside wall faces. It is the area upon which tenants pay rent, including sales area and integral stock areas.

GROUP HOME: A residential facility which provides room, board and specialized health, social and rehabilitative services for a number of persons which complies with the occupancy limits for the dwelling specified in the City's Building Code, which persons are being treated for drug and/or alcohol abuse or persons under the supervision of the courts or county, state or federal parole boards, either after being charged with a criminal offense, or in lieu of criminal charges.

I I I I I I I I I I I 1 I I I I I I I

128

I I

I

I

I I I I I

GROUP LIVING ARRANGEMENT: A dwelling unit occupied by a number of persons which complies with the occupancy limits for the dwelling specified in the City's Building Code, including any combination of handicapped persons and non-handicapped persons who provide special care, treatment or other services to the handicapped persons. A handicapped person is someone who has a handicap as that term is defined in the Fair Housing Act of 1968, 42 U.S.C. 3602 (h), as it has been and may be amended from time to time.

HEIGHT MAXIMUM: The vertical distance measured from the average of the elevation of the proposed finished grades immediately adjacent to all exterior walls of the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the mean height between eaves and ridge for gable, hip and gambrel roofs. Chimneys, flues, stacks, fire escapes, gas holders, elevator enclosures, ventilators, skylights, water tanks and similar roof structures required to operate and maintain the building on which they are located shall not be included in calculating maximum height.

HELICOPTER LANDING AREA: An area accessory to a hospital or business establishment which is reserved, designated and licensed for routine arrivals and departures of helicopters, excluding occasional emergency landings on public property for public safety or emergency management purposes.

HOME OCCUPATION: An occupation conducted in a dwelling unit solely by members of the family residing on the premises, provided such occupation shall be clearly incidental and subordinate to the unit's residential purpose and shall be conducted entirely within the principal residential structure.

HOSPITAL: treatment for the sick and injured.

A duly licensed institution providing acute medical or surgical care and

HOTEUMOTEL: A building or group of buildings containing rooms which provide sleeping accommodations for transient guests on a daily or weekly basis. The term shall include motor hotel, motor inn, motor lodge, tourist court, inn and similar uses.

IMPERVIOUS SURFACE: A surface which resists the entrance or passing through of water or other liquids.

INDUSTRIAL: See Manufacturing.

INSTITUTIONAL FACILITY: A facility for persons who are residents by virtue of requiring a planned program of health, social and/or rehabilitative care and administrative management, supervised on a continuous 24-hour basis and who are not living and cooking together as a permanent family unit. This category shall include a facility licensed by the state as an intermediate care facility but shall not include any facility operated by or under the jurisdiction of the courts or any government bureau of corrections.

129

JUNKYARD: See Salvage Yard.

KENNEL: Any lot or premises on which four (4) or more dogs, cats or other domestic animals, at least four (4) months in age are kept.

LANDOWNER: The legal or beneficial owner of land including the holder of an option or contract to purchase (whether or not such an option or contract is subject to any condition); a lessee if he is authorized under the lease to exercise the rights of the landowner or other person having a proprietary interest in the land, shall be deemed to be a landowner.

LOADING SPACE, OFF-STREET: Off-street space conveniently located, accessible and properly designed for the temporary use by vehicles making bulk pickups or deliveries of merchandise or materials.

LOT: Any parcel or tract of land on which a main building and any accessory buildings are placed, together with the required open spaces. Such lot shall front on an improved public street or on an approved private way.

LOT, CORNER: A lot located at the intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.

LOT, INTERIOR: A lot other than a corner lot with frontage on only one (1) street.

LOT, THROUGH: A lot with the frontage on two (2) parallel, or approximately parallel streets, and which is not a corner lot; may also be referred to as a double frontage lot.

LOT, AREA: The total area within the boundary of a lot but excluding any area of land within the right-of-way of any public street.

LOT AREA PER DWELLING UNIT: The quotient obtained by dividing the total lot area by the total number of dwelling units to be located on such lot.

LOT COVERAGE: That percentage of a lot which when viewed directly from above would be covered by all principal and accessory structures, or any part thereof, excluding protecting roof eaves and an above-ground or in-ground swimming pool.

LOT DEPTH: The distance between the midpoints of the front lot line and the rear lot line.

LOT LINE, FRONT: A street right-of-way line forming the boundary of a lot.

I I I I I 1 I I I I I I 1 I 1 I I I I

130

I I I I

LOT LINE, REAR: The lot line that is most distance from, and is, or is most nearly, parallel to, the front lot line. If a rear lot line is less than fifteen (1 5) feet long, or if the lot comes to a point at the rear, the rear lot lines shall be a line at least fifteen (1 5) feet long, lying wholly within the lot, parallel to the front line. If a zoning lot has two (2) or more front lot lines, the owner or developer shall designate the yard which is to be the rear yard.

LOT LINE, SIDE: A lot line which is neither a front lot line nor a rear lot line.

LOT OF RECORD: A lot which individually or as part of a subdivision has been recorded in the Office of the Recorder of the County.

LOT WIDTH: The distance between the side lot lines measured at right angles to the lot depth at the established front building line.

MANUFACTURING: Businesses engaged in the mechanical or chemical transformation of materials or substances into new products, or engaged in assembling component parts of manufactured products if the new product is neither a structure nor other fixed improvement.

MANUFACTURED HOME: A structure, transportable in one (1 ) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term includes mobile homes, park trailers, travel trailers and similar vehicles placed on a site for more than one hundred eight (1 80) consecutive days.

MANUFACTURED HOME LOT: A parcel of land in a manufactured home park, improved with the necessary utilities connections and other appurtenances necessary for the erection thereon of a single manufactured home, which is sold or leased by the park owner to the occupants of the manufactured home erected on the lot.

MANUFACTURED HOME PARK: A parcel (or contiguous parcels) of land which has been planned for the placement of two (2) or more manufactured homes.

MEDICAL OFFICE: A facility for the examination and treatment of ill and afflicted human outpatients, including doctor and dental offices and clinics, provided that patients are not kept overnight except under emergency conditions.

MIXED USE OR OCCUPANCY: The conduct or carrying on of two (2) or more uses in one (1) building or on one (1) zoning lot.

MODULAR UNIT: A unit transported on a removable or non-removable frame, in which some or all of the component parts are fabricated, formed or assembled off-site in a factory, transported to the site for assembly and installed on the building site. The term

13 1

includes "module," "prefab," "factory-built," panel-built," and similar terms. The completed unit shall comply with building code standards for conventionally constructed units; the modular unit is considered real property.

MUNICIPALITIES PLANNING CODE (PLANNING CODE OR MPC): The Pennsylvania Municipalities Planning Code, Act 247 of 1968, P.L. 805, No. 247 as re-enacted and amended.

NURSING OR CONVALESCENT HOME: An institution for the care of persons who are residents by virtue of requiring specialized care and supervision relating to health, social and/or rehabilitative services. The facility shall be licensed by the state as a skilled care facility. The term shall not include facilities for acute care or institutions for the care and treatment of mental illness, alcohol or drug addiction.

OPEN SPACE: Land set aside and used for recreation, agriculture, resource protection or a buffer area which is freely accessible to all residents of a development although restrictions may apply to agricultural areas. Open space does not include land occupied by non-recreational buildings, roads and required parking areas or yards of dwelling units required by this Ordinance. Open space is normally left in a natural state, except if safety precludes this, and also with the exception of recreation areas which may be surfaced.

PaDER: The Pennsylvania Department of Environmental Resources, or its successor agency or agencies.

PaDOT: The Pennsylvania Department of Transportation.

PARKING LOT: Any lot, parcel or yard used regularly in whole or part for the storage or parking of more than two (2) vehicles where such usage is not incidental to or in conjunction with a one (1) or two family home.

PARKING SPACE: An off-street space available for parking of a motor vehicle and which has a hard, all-weather surface and is at least nine (9) feet wide by eighteen (1 8) feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.

PERIMETER: The outer boundary of a development site or area.

PERSON: An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

PERSONAL CARE HOME: A facility licensed by the Commonwealth located within a dwelling which complies with the occupancy limits for the dwelling specified in the City's Building Code, where room and board is provided to more than three (3) permanent

132

I I 1 I I I I 1 1 1 1 I I I 1 I I 1 I

I

I 1 I I I

residents who are not relatives of the operator and who are mobile or semi-mobile and require specialized services in such matters as bathing, dressing, diet and medication prescribed for self-administration for a period exceeding twenty-four (24) hours, but who are not in need of hospitalization or skilled or intermediate nursing care.

PLACE OF WORSHIP: A church synagogue or similar place where religious services are held.

PLANNING COMMISSION: The City of McKeesport Planning Commission.

PORCH: A roofed, open structure projecting from the front, side or rear wall of a building, and having no enclosed feature of glass, wood or other material more than thirty (30) inches above the floor thereof, except awning or screening or the necessary columns to support the roof.

PRINCIPAL BUILDING: principal use of the lot on which the building is situated.

A building or buildings in which is conducted the main or

PRINCIPAL USE: The main use of land or structures as distinguished from the subordinate or accessory use.

PRIVATE: Of or pertaining to any building, structure, use or activity limited to members of an organization or to other persons specifically invited or permitted where no advertisement or inducement has been made to the general public.

I PUBLIC: affecting, any duly authorized government body.

Of or pertaining to any building, structure, use or activity belonging to, or

lu I I 1

PUBLIC BUILDING OR USE: Building or facility operated by a governmental agency or philanthropic organization, where administrative activities are conducted or social or educational services are provided to the general public. Such uses shall include, but are not limited to, a municipal building, library, community center, museum, or similar uselfacility, excluding a school or recreational facility as defined by this Ordinance.

PUBLIC/ESSENTIAL SERVICE: Underground or overhead gas, electrical, steam, water or communication transmission, distribution, collection, supply or disposal system and their required buildings and fire or emergency service stations, provided such facilities are owned and operated by the Pennsylvania Public Utility Commission (PUC). Publidessential services shall not include public or private incinerators, landfills, or similar waste disposal facilities, whether or not owned or operated by a government or PUC- regulated entity.

133

PUBLIC NOTICE: Notice published once each week for two (2) successive weeks in a newspaper of general circulation in the municipality. Such notices shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than thirty (30) days and the second publication not less than seven (7) days from the date of the hearing.

RECREATIONAL FACILITY, PUBLIC OR NON-PROFIT: Land or buildings for the pursuit of sports and similar leisure time activities such as parks, swimming pools, tennis courts or ballfields, which are operated by governmental or non-profit organizations. Excluded are any amusement establishments or other recreational facilities of a commercial nature (See Commercial Recreation).

RECREATIONAL VEHICLE: A single or multiple-axle, non self-propelled or self- propelled structure mounted on wheels or otherwise capable of being made mobile for the purpose of travel, recreational and vacation use, including but not limited to, travel trailers, motor homes, tent trailers, boats and boat trailers, horse trailers, or campers.

RESEARCH/DNELOPMENT FACILITY: A use devoted to research design, laboratory work and/or experimentation and any processing and fabrication incidental thereto, provided no materials or finished products shall be manufactured, processed or fabricated on the premises for sale except such as are incidental to said laboratory research, design and/or experimentation conducted on said premises.

RESlDENTlAL USE: Those activities customarily conducted in living quarters in an urban setting, and excludes such activities as the keeping of livestock or fowl, activities resulting in noise which constitutes a nuisance in a residential area and activities which involve the storage, visible from off the lot, of motor vehicle parts, machinery or parts, junk or scrap materials.

RETAIL BUSINESS: Commercial establishments engaged in selling merchandise directly to customers for personal or household consumption and rendering services incidental to the sale of goods. For the purposes of this Ordinance, the following uses are excluded from this category: eating and drinking establishments; retail sales of building materials (except hardware, paint and wallpaper), lawn and garden supplies, automobiles, boats, mobile homes, recreational vehicles and other vehicles (except bicycles), gasoline and other fuels.

CONVENIENCE RETAIL: Establishments selling merchandise for daily consumption and purchase, such as food, drugs and similar items (except alcoholic beverages).

134

I 1 I I I 1 I 1 I I 1 I I 1 I 1 I I I

1

SHOPPERS, RETAIL: Establishments selling wide variety of comparison goods, such as apparel, furniture, household and electrical appliances, hardware, sporting goods, computers and specialty merchandise such as jewelry, stationery, antiques and gift items. i

SALVAGE (OR JUNK) YARD: Any area where scrap metal, paper, rags, tires and other waste and/or used materials are bought, sold, exchanged, stored, bailed, packaged, disassembled or handled; or where inoperable machinery or motor vehicles are collected, dismantled stored or sold or parts. Any use conducted entirely within an enclosed building is not a salvage yard.

SCHOOL: A place of instruction operated by a public or religious organization, having regular sessions, with regularly employed instructors and meeting all the requirements of the PA Department of Education for providing primary, secondary, vocational or post- secondary education. This definition shall not include privately operated, for-profit schools of trade, vocation, avocation or business.

SCREEN: concealing from view the area behind such structures or evergreen vegetation.

Decorative fencing or evergreen vegetation maintained for the purpose of

SERWCE BUSINESS: Commercial establishments providing a wide variety of services for individuals, businesses, government establishments and other organizations. For the purposes of this Ordinance, the following uses are excluded from this category: funeral homes/mortuaries; hotels, motels, rooming houses, camps or other lodging places; dry cleaning and carpet cleaning plants; vehicular repair services; theaters; commercial recreation and amusement services; research, development and testing services; nursing and personal care homes; hospitals; medical and dental laboratories; schools; and day care centers.

BUSINESS SERVICES: Establishments providing services primarily to business establishments on a fee or contract basis, such as advertising and public relations, management and consulting services, security and maintenance services, equipment rentaMeasing, computer and data processing services.

PERSONAL SERVICES: Establishments providing services generally involving the care of the person or hidher apparel such as laundries, dry cleaning shops (excluding dry cleaning plants), barbedbeauty shops, photographic studios, shoe repair and similar services.

SHOPPING CENTER: A group of more than three (3) commercial businesses developed as a single entity and sharing a common parking lot.

135

SIGN: A structure that is arranged, intended, designed or used to advertise, announce or direct; or any device, illustration, description or identification posted, painted, or placed in some fashion on a building, structure or any surface for such a purpose. For the purpose of removal, signs shall also include all sign structures.

SIGN, AWNING, CANOPY: A sign consisting of individual cut-out letters and/or symbols which are painted, stenciled, or otherwise placed on a non-permanent awning or canopy.

SIGN, BILLBOARD: A sign, other than one indicating a business conducted on the premise, upon which advertising matter of any character is printed, posted or lettered; it may be either free-standing or attached to the surface of a building or other structure, or applied directly to the surface.

SIGN, FLASHING/ANIMATED SIGN: Any illuminated sign on which the artificial light is not maintained stationary and/or constant in intensity and color at all times.

SIGN, FREESTANDING: A sign erected on a free-standing frame, mast or poles and not attached to any building. Also known as a ground or detached sign.

SIGN, IDENTIFICATION: A sign indicating only the name of the individual or organization occupying the premises; the profession of the occupant; or the name and/or address of the building or management thereof.

SIGN, MARQUEE: A sign placed on or under the edge of any canopy of permanent construction projecting from the wall of a building.

SIGN, OFF-LOT DIRECTIONAL: A sign which conveys instructions or directions to a business, commodity, service conducted, sold or offered elsewhere than on the premise where the sign is displayed.

SIGN, ON-LOT DIRECTIONAL: A sign which conveys instructions or directions with respect to the use of the lot or building on which the sign is located, including but not limited to signs which indicate street addresses and the availability of parking, telephones, restrooms and other conveniences for the general public.

SIGN, OUTDOOR ADVERTISING: See Billboard.

SIGN, PROJECTING: Any sign supported by a building wall and/or roof attached along one (1) edge by a bracket, perpendicular to the wall surface or hung from a support attached to a building wall, projecting no more than six (6) feet.

I 1 I I I I I 1 I 1 1 I I 1 1 I I I I

136

I . * '

I I I I 1 I 1 I I

I I 1 I I I I I I I I

I

SIGN, WALL: A sign attached to or erected against a wall of a building with the face horizontally parallel to the building wall. It may be either a box-type sign or individual cut- out letters.

SIGN, WINDOW GRAPHIC: A sign which is painted permanently on or similarly applied to the inside or outside of a window.

SIGN AREA: The area defined by the frame or edge of a sign, excluding the necessary supports or uprights on which the sign may be placed. Where there is no frame or edge to the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines the copy of letters of the said sign. If the sign consists of more than one section or module, all areas shall be totalled.

SIGN, TEMPORARY: A sign, the purpose of which is to identify or announce a short- term, temporary activity or use of a premises.

SITE PLAN: A plan of a proposed development or use on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the City or prescribed by this Ordinance.

SLOPE: The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are expressed in a percentage based upon vertical distance in feet per one hundred (1 00) feet or horizontal distance.

SPECIAL EXCEPTION: Approval for a particular use granted by the Zoning Hearing Board, according to the provisions contained in this Ordinance.

STEPS: A construction or series of constructions placed for a foot support to effectuate the ascending or descending of a person or persons from one level of elevation to another.

STORAGE SHED: A small accessory structure, either wholly or partially enclosed, serving for storage of tools, equipment, supplies or other similar materials for safekeeping.

STORY: A story is that part of a building between the surface of any floor and the next floor above it or, in its absence, then the finished ceiling or roof above it. A "split level" story shall be considered a second story if its floor level is six (6) feet or more above the level of the line of the finished floor next below it. Any floor under a sloping roof at the top of a building which is more than two (2) feet below the top plate shall be counted as a story; and, if fewer than two (2) feet below the top plate, it shall be counted as a half-story. A basement shall be counted as a story if it averages more than five (5) feet above grade.

137

STREET: Any street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or other way, whether public or private, used or intended to be used by vehicular or pedestrian traffic.

STREET GRADE: The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street shall be taken as the street grade.

STREET LINE: The line defining-the edge of the legal width of a dedicated street right-of- way.

STREET, TYPE: Streets may be classified according to the following:

STREET, ARTERIAL: Streets designed to carry high volumes of traffic from one area of the community to another or to link one community with another.

STREET, COLLECTOR: Streets designed to collect traffic from local streets and then to convey it to the major arterials.

STREET, LOCAL: Streets designed to serve only the traffic needs of and provide access to a limited area or neighborhood.

STRUCTURE: Any assembled, erected or constructed object having a stationary location on or in land or water, whether or not it is affixed to the land. This includes, but is not limited to, carports, porches, storage sheds or containers, free-standing posts, pillars and similar uses. It shall not include sidewalks, driveways or patios.

SWIMMING POOL: A body of water in an artificial or semi-artificial receptacle or other container, whether located in or out of doors, used as a recreational facility for swimming, bathing or wading and having a depth of over 24 inches. A swimming pool shall be deemed to include all building, equipment and appurtenances incidental to such a pool.

TEMPORARY STRUCTURE OR USE: Any structure or use which, by the type of materials, construction or intended purpose, is erected or located for not more than one (1) year. Included are tents, stands, construction trailers and other structures or uses of similar character.

TOWNHOUSE DWELLING: A structure consisting of a series from three (3) to six (6) attached dwelling units, separated from one another by continuous vertical walls without opening from basement to roof. The term shall include "rowhouse" and "attached dwelling".

I I I I I 1 I 1 1 I I 1 1 I I I I I I

138

I I I I I ~I 11

I

TRAILER: A vehicular portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes having a body width not exceeding eight (8) feet.

USE: The specific purpose of which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The terms "permitted use", "conditional use" or "special exception use" shall not be deemed to include any non- conforming use.

VARIANCE: Permissive waivers from the terms of this Ordinance, granted by the Zoning Hearing Board in case where a literal enforcement of provisions of the Ordinance will result in unnecessary hardship, due to special conditions that are not self-imposed by the property owner, provided the variance is determined not to be contrary to the public interest and the spirit and intent of this Ordinance.

VEHICULAR REPAIR GARAGE: Any building or premises where automobile repairs take place. This includes rebuilding or major reconditioning of work or damaged motor vehicles or trailers or any parts thereof, collision service, painting and engine steam cleaning.

WAREHOUSE: A building where wares or goods are stored before distribution to retailers or are kept in reserve or bond.

WHOLESALE BUSINESS: Commercial establishments primarily engaged in selling merchandise to retailers; to industrial, commercial, instructional, farm or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies.

YARD: An open space on a lot which is unoccupied and unobstructed from the ground upward, except as otherwise provided herein. (See illustrations).

YARD, FRONT: A yard extending along the full width of a front lot line and back to the required building line. On corner and through lots, front yards shall be provided along all street frontages.

YARD, REAR: The required open space extending from the rear of the main building to the rear lot line (not necessarily a street line) across the entire width of the lot.

YARD, SIDE: The required open space between the side (face) of any buildings and the side lot line, extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line. In the case of a through lot, side yards shall extend from the rear line of the required front yards. On corner lots, one (1) yard not fronting on the two (2) streets shall be designated a side yard.

139

ZONING CERTIFICATE: A certificate issued by the Zoning Officer, stating that the purpose for which a building or land is to be used complies with all applicable requirements of this Ordinance for the zoning district in which it is located or is to be located.

ZONING HEARING BOARD: The Zoning Hearing Board of the City of McKeesport.

ZONING OFFICER: The duly constituted official designated to administer and enforce this Ordinance.

ORDAINED AND ENACTED THIS 7TH DAY OF FEBRUARYl 1996.

CITY OF MCKEESPORT

4. Lx President, City Council

ATTEST: n

City Clerk and Clerk of Council

996 day o f $ k 7 A

EXAMINED AND APPRAVED by me this

Effective Date: February 9 1996

140

d-

1 1 I I 1 I I I I I I I I I I I I I I

Date post:	13-Apr-2020
Category:	Documents
Upload:	others
View:	3 times
Download:	0 times