Aldan City Zoning Code
ARTICLE IV
General Regulations
§ 256-19 Principal uses limited.
No more than one principal use shall be permitted on a lot, unless specifically permitted by this chapter.
§ 256-20 Principal buildings.
A.
Street frontage required. Every principal building shall be built upon a lot with frontage upon a public or private street improved to meet Borough standards or for which such improvements have been insured by the posting of a performance guaranty pursuant to the Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 220, Subdivision and Land Development.
B.
Two or more on a lot. Except for agricultural buildings, two or more principal buildings on a lot shall:
(1)
Be separated by at least twice the required side yard in that district; and
(2)
Conform to the standards and improvements required for a land development by the Subdivision and Land Development Ordinance.[2]
[2]
Editor's Note: See Ch. 220, Subdivision and Land Development.
§ 256-21 Maximum height of buildings.
No building shall exceed the maximum building height standard specified in the relevant district regulations of this chapter, except that such standard shall not apply to water towers, church spires, belfries, solar energy collectors (and equipment used for the mounting or operation of such collectors), chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. Although exempted from structural height limitations, these structures shall not diminish the solar access of other properties.
§ 256-22 Special lot and yard requirements.
A.
In general.
(1)
The lot, yard, parking and other requirements for any new building or use shall not include any part of a lot, yard or parking area that is required by any other building or use to comply with the requirements of this chapter. However, a common parking lot for joint uses shall be permitted in accordance with the provisions of § 256-49G.
(2)
No required lot area or yard shall include any property (the ownership of which has been transferred subsequent to the effective date of this chapter) if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.
B.
Exceptions to minimum lot areas, lot widths and yards.
(1)
Nonconforming lots. See § 256-25.
(2)
Irregularly shaped lots. In the case of irregularly shaped lots, the minimum lot width specified in the district shall be measured at the rear line of the minimum required front yard, provided that in no case shall the lot frontage measured at the street right-of-way line be less than 70% of the minimum lot width.[1]
[1]
Editor's Note: A drawing illustrating this measurement is included as an attachment to this chapter.
(3)
Through lots. Front yards shall be provided along all portions of a through lot abutting any street, except where a provision of a different yard will comply with the prevailing front yard pattern on adjoining lots.
(4)
Fences, walls, accessory buildings and structures, patios, terraces and open porches. [See § 256-17B and C(7) and (8).]
(5)
Architectural projections. Chimneys, leaders, cornices, eaves, gutters and bay windows and the like may extend not more than 18 inches into any required yard.
C.
Traffic visibility across corners (clear sight triangle).
(1)
Clear sight triangles shall be provided at all public street intersections. Within such triangles, no vision obstructing object shall be permitted which obscures vision above the height of 30 inches and below 10 feet measured from the center line grade of intersecting public streets.
(2)
Such triangles shall be established from distance of:
(a)
Seventy-five feet from the point of intersection of the center lines, except that clear sight triangles shall be provided for all intersections with collector and arterial streets in accordance with PennDOT standards.
(b)
Where an intersection is controlled by a stop sign or traffic signal, the site triangle shall be measured from a point in the center of the controlled or lesser street 25 feet back from the curbline of the uncontrolled or through street to the distance required above.
D.
Buffer yards. Any nonresidential use and open space uses, except as otherwise required, which border any R-1, R-2, R-3 or R-4 Residence District shall provide buffer yards which comply with the standards of this section. These buffer yards are also required in the R-4 District, when proposed multifamily dwellings will be located adjacent to existing single-family detached dwellings in the R-1, R-2 or R-3 District.
(1)
Size; location.
(a)
A twenty-foot buffer yard shall be required, unless otherwise indicated in this chapter.
(b)
The buffer yard shall be measured from the district boundary line or from the street right-of-way line (where a street serves as the district boundary line). Buffer yards shall not be within an existing or future street right-of-way and shall be in addition to that right-of-way.
(c)
The buffer yard may be contiguous with a required front, side or rear yard, provided that the larger yard requirement shall apply in case of conflict.
(2)
Characteristics.
(a)
The buffer yard shall be a landscaped area free of structures, manufacturing or processing activity, materials or vehicular parking. No driveways or streets shall be permitted in the buffer yards except at points of ingress or egress.
(b)
In all buffer yards, all areas not within the planting screen shall be planted with grass seed, sod or ground cover and shall be maintained and kept clean of all debris, rubbish, grass more than six inches in height or weeds.
(3)
Planting screen.
(a)
Each buffer yard shall include a planting screen of trees, shrubs and/or other plant materials extending the full length of the lot line to serve as a barrier to visibility, airborne particles, glare and noise.
(b)
Each planting screen shall be in accordance with the following requirements:
[1]
Plant materials used in the planting screen shall be of such species and size as will produce, within two years, a complete year-round visual screen of at least eight feet in height.
[2]
The planting screen shall be permanently maintained by the landowner and any plant material which does not live shall be replaced within one year.
[3]
The planting screen shall be so placed that at maturity it will be at least three feet from any street or property line.
[4]
The planting screen shall be broken only at points of vehicular or pedestrian access and shall comply with Subsection C above.
(c)
In circumstances where it is impractical for a planting screen to meet all the requirements of this section or would create an undue hardship, the Zoning Hearing Board may modify the requirements or approve acceptable alternatives which shall satisfy the spirit, objectives and intent of the screen requirements.
(4)
Plans.
(a)
Prior to the issuance of any zoning permit, the applicant shall submit plans showing:
[1]
The location and arrangement of each buffer yard;
[2]
The placement, species and size of all plant materials; and
[3]
The placement, size, materials and type of all fences to be placed in such buffer yard.
(b)
Such plans shall be reviewed by the Zoning Officer to ascertain that the plans are in conformance with the terms of this chapter.
E.
Green space in front yards. Ninety percent of the area of the required front yard, after the deletion of sidewalks, walkways and driveways, shall be maintained in vegetative ground cover, such as grass, trees, plants and shrubs.
§ 256-23 Establishment of future right-of-way widths for roads.
A.
Purpose. Minimum future right-of-way widths are established for roads where the existing right-of-way is less than that indicated in Subsection C below for the particular class of road.
B.
Measurement.
(1)
The future right-of-way shall be measured from the center line of the existing road.
(2)
All front yards and other appropriate yards shall be measured from the future right-of-way line.
(3)
The specific classification of each road is shown on the Borough's Official Street Classification Map.[1]
[1]
Editor's Note: Said map is on file in the Borough offices.
C.
Minimum widths. Minimum future rights-of-way are as follows:
Street Classification | Minimum Future Right-of-Way (feet) | |
|---|---|---|
Major traffic street (Arterial) | 80 | |
Collector street | 60 | |
Minor local street and marginal access street | 50 |
D.
Additional future right-of-way and cartway widths may be required by the Borough Council for the following purposes:
(1)
To promote public safety and convenience.
(2)
To provide parking space in commercial districts and in areas of high-density residential development.
E.
Short extension of existing streets with lesser right-of-way widths than prescribed by Subsection C above may be permitted; provided, however, that no section of new right-of-way less than 40 feet in width shall be permitted.
F.
Where a subdivision abuts or contains an existing street of inadequate right-of-way width, additional right-of-way width in conformance with the above standards shall be required.
G.
The applicant is requested to dedicate or include an offer of future dedication of the street right-of-way to the Borough or the Pennsylvania Department of Transportation.
H.
An establishment of a future right-of-way may be waived or reduced by special exception if the applicant proves to the satisfaction of the Zoning Hearing Board that such right-of-way will not serve any valid public purpose or that the proposed use or structure will not create any additional need for such right-of-way.
§ 256-24 Frontage development along arterial and collector streets.
In order to encourage the sound development of frontage along arterial and collector streets (as defined on the Borough's Official Street Classification) and to minimize traffic congestion and hazard, the following special provisions shall apply:
A.
Off-street parking and loading. All areas for off-street parking, off-street loading and unloading and the storage or movement of motor vehicles shall be physically separated from the highway or street by a raised curb, planting strip, wall or other suitable barrier against unchanneled motor vehicle entrance or exit, except for necessary accessways or access roads which supply entrance to and egress from such parking, loading or storage area. All parking areas or lots shall be designed to prohibit vehicles from backing out on the street, and the capacity of each lot shall provide adequate storage area and distribution facilities upon the lot to prevent backup of vehicles on a public street while awaiting entry to the lot.
B.
Access. Each use with less than 100 feet of frontage on an arterial or collector street shall have not more than one accessway to each such street, and no business or other use with 100 feet or more of frontage on an arterial or collector street shall have more than two accessways to any one street for each 300 feet of frontage. Where practicable, access to parking areas shall be provided by a common service driveway in order to avoid direct access to an arterial or collector street.
C.
Street intersection. To the fullest extent possible, intersections with collector and arterial streets shall be located not less than 1,000 feet apart, measured from center line to center line. Exceptions shall be those cases deemed to require closer spacing without endangering the public's safety.
D.
Planned developments. In the case of a planned development, shopping center, office complex, group of multiple-family dwellings or similar grouping of principal buildings on a lot, and in any other case where practicable:
(1)
Each principal building shall front upon a marginal access street, service road, common parking lot or similar area and not directly upon a public street.
(2)
Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the unified development, without undue congestion to or interference with normal traffic flow within the Borough.
(3)
All streets and accessways shall conform to the specifications determined by the Borough Engineer and the requirements of the Borough Subdivision and Land Development Ordinance.[1] Provision shall be made for adequate signalization, turn, standby and deceleration lanes, and similar facilities where deemed necessary by the Borough Engineer.
[1]
Editor's Note: See Ch. 220, Subdivision and Land Development.
(4)
All driveways, aisles, maneuvering spaces, vehicular service areas or spaces between or about buildings, other than those related to a dwelling, shall be adequately illuminated during night hours of use at no cost to the Borough.
E.
Reverse frontage encouraged. Direct vehicular access from individual lots abutting arterial or collector streets shall be strongly discouraged and reverse frontage shall be encouraged.
§ 256-25 Nonconformities.
A.
Registration of nonconforming uses and structures. Upon adoption of this chapter, the Borough Zoning Officer may identify and register nonconforming uses and structures.
B.
Continuation. Any registered nonconforming use, structure or lot may be continued, maintained, improved and repaired, provided that it conforms to the remainder of this section.
C.
Alteration or extension.
(1)
Nonconforming structure.
(a)
A nonconforming structure may be altered, reconstructed or enlarged, provided that such alteration, reconstruction or enlargement does not increase the nonconformance or the nonconforming part of the structure. No structure shall be enlarged in such a way as to increase a nonconformity of the structure unless a variance is granted by the Zoning Hearing Board.
(b)
In the case of a nonconforming structure which is used by a nonconforming use, such alteration, extension or enlargement shall also meet the requirements of Subsection C(3) below.
(2)
Nonconforming lot.
(a)
Nonresidential lots. A building may be constructed and expanded on a nonconforming, nonresidential lot, provided that the yard and lot coverage requirements of this chapter are met and all DEP requirements are met.
(b)
Residential lots. A building may be constructed and expanded on a nonconforming, residential lot, provided that the minimum yard and maximum lot coverage requirements listed for the particular district are complied with.
(c)
Exceptions. When a lot of record existing at the effective date of this chapter cannot meet the yard and maximum lot coverage requirement of the particular district, a variance may be requested from the Zoning Hearing Board. Where two adjacent lots of record with less than the required area and width are held by one owner, the request for a zoning permit shall be referred to the Zoning Hearing Board, which may require that the two lots be combined and used for one principal building. Where three or more adjacent lots of record with less than the required area and width are held by one owner, the Zoning Hearing Board may require replatting to fewer lots which would comply with the minimum requirements of this chapter. When making these decisions relating to this section, the Zoning Hearing Board shall consider among other factors the existing character of the area.
(3)
Nonconforming use. As a special exception use, a nonconforming use may be enlarged by a maximum of 15% in total building floor area beyond what existed at the time of the use becoming nonconforming, provided that all required setbacks are met. A nonconforming use shall not be demolished and reconstructed except as provided for in Subsection D, Restoration.
D.
Restoration. A nonconforming building or any building containing a nonconforming use destroyed by fire, explosion, flood or other phenomenon, or legally condemned, may be reconstructed and used for the same nonconforming use, provided that reconstruction of the building shall be commenced within one year from the date the building was destroyed or condemned. An application must be made for a building permit to rebuild.
E.
Ownership. Whenever a nonconforming use, structure or lot is sold to a new owner, a previously lawful nonconforming use may be continued by the new owner, provided that the new owner shall re-register the nonconforming use with the Zoning Officer within 60 days after final settlement.
F.
Abandonment.
(1)
If a nonconforming use of a building or land is discontinued, razed, removed or abandoned for 365 consecutive days, subsequent use of such building or land shall conform with the regulations of the district in which it is located.
(2)
The act of abandonment and the intent to abandon shall be presumed to commence on the date when customary efforts to continue the use (operation, lease, sale, etc.) cease.
G.
Changes.
(1)
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
(2)
A nonconforming use may be changed to another nonconforming use only if permitted as a special exception by the Zoning Hearing Board after the following conditions are met:
(a)
The applicant shall show that the nonconforming use cannot reasonably be changed to a conforming use.
(b)
The applicant shall show that the proposed change will be equally or less objectionable in external effects than the existing nonconforming use with regard to:
[1]
Traffic generation and congestion (including truck, passenger car, bicycle and pedestrian traffic);
[2]
Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration;
[3]
Storage and waste disposal; and
[4]
Appearance.
H.
District changes. When boundaries of a district are changed so as to transfer an area from one district to another district, any resulting nonconforming use shall be subject to the provisions of Subsection G above.
§ 256-26 Temporary structure or use.
A temporary permit may be issued by the Zoning Officer for structures or uses necessary during construction or other special circumstances of a nonrecurring nature subject to the following additional provisions:
A.
The life of such permit shall not exceed one year and may be renewed for an aggregate period of not more than two years.
B.
Such structure or use shall be removed completely upon expiration of the permit without cost to the Borough.
§ 256-27 Site plan review.
A.
Scope. Before a zoning permit is issued for any use designated in Article III as requiring site plan review, the procedures of this section shall be followed in order to more effectively administer, enforce and implement the purposes, intent and requirements of this chapter.
B.
Procedure.
(1)
General.
(a)
When the applicant applies to the Zoning Officer for a zoning permit, the applicant shall submit three complete sets of site plans.
(b)
No zoning permit shall be granted until after the Planning Commission submits its recommendation to the Zoning Officer or after 60 days of the date the site plans were submitted.
(c)
Site plan approval shall not relieve the applicant from any other provisions of this chapter nor constitute a recommendation for a variance or other relief that the applicant may seek from the Zoning Hearing Board.
(2)
The Zoning Officer shall forward two copies of the site plan to the Planning Commission within seven days of the date of official plan submission. The Zoning Officer shall retain one copy of the site plan for review.
(3)
Written recommendation.
(a)
The Planning Commission shall make a written recommendation to the Zoning Officer within 60 days of the date the plan was submitted on whether the site plan indicates that a zoning permit should be granted or denied.
(b)
The written recommendation shall include the underlying findings and reasons affecting the recommendation.
(c)
Failure to make a written recommendation within such 60 days shall be considered a recommendation to issue such zoning permit.
(4)
Decision.
(a)
The Zoning Officer shall review the site plan and the Planning Commission's recommendations and issue or deny the zoning permit within 60 days after the site plan was officially submitted.
(b)
The decision of the Zoning Officer shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than the day following the decision.
(c)
The decision shall indicate the specific provisions of this chapter and other laws which have not been met and the specific reasons therefor.
C.
Site plan requirements. The following information shall be included on the site plan:
(1)
A statement describing the proposed use.
(2)
A site layout drawn to a scale of not less than one inch equals 50 feet showing the location, dimensions and area of each lot, the location, dimensions and height of proposed buildings, structures, streets and any existing buildings in relation to property and street lines. If the application relates to property which is scheduled to be developed in successive stages, such plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property.
(3)
The location, dimensions (numbers shown), and arrangements of all open spaces and yards, landscaping, fences, and buffer yards, including methods and materials to be employed for screening.
(4)
The location, size (numbers shown), arrangement and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading and the provisions to be made for lighting such areas.
(5)
The dimensions (numbers shown), location and methods of illumination for signs and exterior lighting.
(6)
The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use.
(7)
Provisions to be made for treatment and disposal of sewage and industrial wastes and water supply.
(8)
The capacity and arrangement of all buildings used or intended to be used for dwelling purposes, including the proposed density in terms of number of dwelling units per acre of land.
(9)
A description of any proposed industrial or commercial operations in sufficient detail to indicate effects of those operations in producing noise, glare, air pollution, water pollution, fire hazards, traffic congestion or other safety hazards.
(10)
Description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards.
(11)
Site contours at a minimum of six-foot intervals, preferably at two-foot intervals.
(12)
All proposed site grading and drainage provisions and proposals.
(13)
A key map showing the entire project and its relation to surrounding properties and existing building thereon.
(14)
Zoning districts and requirements.
(15)
Soils, slopes and floodplain delineations (if required by the Zoning Officer).
(16)
Certification by the person who prepared the site plan.
(17)
Certification of ownership and acknowledgment of plan signed by owner or developer.
D.
Site design guidelines. The following guidelines are divided into eight categories to assist the applicant in the preparation of site and building plans and to assist the Planning Commission and the Zoning Officer in their reviews of all site plans. These guidelines are meant to encourage creativity, innovation, and well-designed developments. They apply to principal buildings and structures and to all accessory buildings, structures, signs and other site features.
(1)
Relation of proposed buildings to the surrounding environment. Relate proposed structure(s) harmoniously to the terrain and to existing buildings that have a visual relationship to the proposed structure(s). To achieve this favorable relationship between existing and proposed uses, create focal points with respect to avenues of approach, terrain features or other buildings and relate open space between all existing and proposed buildings.
(2)
Drive, parking and circulation. For vehicular and pedestrian circulation (including walkways, interior drives, and parking), give special attention to the location and number of access points to public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement of safe and convenient parking areas. Design these vehicular and pedestrian areas to enhance the appearance of and access to the proposed buildings and structures and to the neighboring properties.
(3)
Surface water drainage. Give special attention to proper site surface drainage to ensure that removal of surface waters will not adversely affect either neighboring properties or the public storm drainage system. Remove and efficiently carry away all stormwater from all roofs, canopies and paved areas. Collect surface water from all paved areas to permit vehicular and pedestrian movement.
(4)
Utility service. Place electric and telephone lines underground, where possible. Locate, paint and undertake any other treatment to ensure that any utilities which remain above ground will have a minimal adverse impact on neighboring properties.
(5)
Advertising features. Ensure that the size, location, lighting and materials of all permanent signs and outdoor advertising structures or features will enhance rather than detract from the design of proposed buildings and structures and the neighboring properties.
(6)
Special features. Provide needed setbacks, screen plantings and other screening methods for exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures to help make them compatible with the existing or contemplated site design and with neighboring properties.
(7)
Preservation of landscape. Preserve the landscape in its natural state by minimizing tree and soil removal. Ensure that grade changes are compatible with the general appearance of neighboring developed areas.
(8)
Solar energy use. Consider the desirability and feasibility of active and passive solar energy use. Orient proposed buildings and provide structures to provide for solar energy use and to preserve solar access of adjoining properties.
