Bradford City Zoning Code
ARTICLE XIV
Supplemental Regulations
§ 220-91 Applicability.
§ 220-92 Performance standards.
All permitted uses and uses by special exception in all districts shall comply with the requirements of this section. The method of determining compliance at the time of application and continuing compliance by an established use shall be subject to § 220-92J and K.
A.
Fire protection. Fire prevention and firefighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
B.
Electrical disturbance. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
C.
Noise. No operation or activity shall cause or create noise in excess of the sound levels prescribed below:
(1)
Conservation and residential districts. At no point beyond the boundary of any lot within the C-D, R-1, R-2 or R-3 Districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 60 dBA for more than four hours during a twenty-four-hour equivalent period.
(2)
Commercial districts. At no point on or beyond the boundary of any lot within the C-1 or C-2 Districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 65 dBA for more than eight hours during a twenty-four-hour equivalent period.
(3)
Industrial districts. At no point on or beyond the boundary of any lot within the M-1 or M-2 Districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 75 dBA for more than eight hours during a twenty-four-hour equivalent period.
(4)
Where two or more zoning districts in which different noise levels are prescribed share a common boundary, the most restrictive noise level standards shall govern.
(5)
The following uses or activities shall be exempted from the noise regulations:
(6)
In addition to the above regulations, all uses and activities within the City of Bradford shall conform to all applicable county, state and federal regulations. Whenever the regulations contained herein are at variance with any other lawfully adopted rules or requirements, the more restrictive shall govern.
D.
Vibrations. Vibrations detectable without instruments on neighboring property in any zoning district shall be prohibited.
E.
Odors. No use shall emit odorous gas or other odorous matter in such quantities as to be offensive at any point on or beyond the lot lines. The guide for determining such quantities shall be the 50% response level of Table 1 (Odor Thresholds in Air), "Research on Chemical Odors: Part 1 — Odor Thresholds for 53 Commercial Chemicals," October 1, 1968, Manufacturing Chemists Association, Inc., Washington, D.C.
F.
Smoke, ash, dust, fumes, vapors and gases. There shall be no emission at any point for longer than five minutes in any hour of visible gray or other color smoke, ash, dust, fumes, vapors or gases with a shade darker than No. 3 on the Standard Ringelmann Chart issued by the U.S. Bureau of Mines; nor shall there be any emission at any point from any source that can cause damage to health, to animals or vegetation or other forms of property or which can cause excessive soiling at any point.
G.
Glare. All lighting devices shall be designed with shields, reflectors or refractor panels that direct and cut off light at a cutoff angle that is less than 60°. (See illustration of cutoff angle in Appendix B.[1]) In no case shall there be spillover lighting on any adjacent property located in an R-1, R-2 or R-3 District that is in excess of 0.2 footcandle.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
H.
Erosion. No runoff of water or erosion of land by wind or water shall be permitted onto adjacent properties. Measures satisfactory to the City of Bradford shall be installed to control runoff and/or erosion.
I.
Water pollution. Water quality shall be subject to the standards established by the Pennsylvania Department of Environmental Protection (PA DEP).
J.
Determination of compliance with performance standards. During the review of an application for zoning approval, the applicant may be required to submit data and evidence documenting that the proposed activity, facility or use will comply with the provisions of this § 220-92. In reviewing such documentation, the City of Bradford may seek the assistance of any public agency having jurisdiction or interest in the particular issues and the City of Bradford may seek advice from a qualified technical expert. All costs of the expert's review and report shall be paid by the applicant. A negative report by the technical expert and the applicant's refusal or inability to make alterations to ensure compliance with this § 220-92 shall be a basis for denying approval of the application.
K.
Continuing enforcement. The Zoning Officer shall investigate any purported violation of the performance standards and, subject to the approval of City Council, may employ qualified technical experts to assist in the determination of a violation. Costs of the services of such experts shall be paid by the owner or operator of the facility or use alleged to be in violation if the facility or use is found to be in violation. If the facility or use is found to be in compliance with the performance standards, said costs shall be borne by the City. If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance with § 220-141 of this chapter and a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this chapter and shall result in the revocation of the certificate of zoning compliance and/or the certificate of occupancy for the facility or use.
§ 220-93 Buffer areas and landscaping.
A.
Buffer areas described. Buffer areas, as defined by this chapter and required by Subsection B, shall meet all of the following criteria. (See Appendix C for illustrations of buffer areas.[1])
(1)
Where Subsection B requires a ten-foot-deep buffer area, the buffer area shall be planted with a line of evergreen trees spaced 10 feet apart measured from the vertical center lines of adjacent trees. The trees shall be a minimum of six feet in height at the time of planting.
(2)
Where Subsection B requires a five-foot-deep buffer area, the buffer area shall be planted with a continuous, compact evergreen hedge that is a minimum of six feet in height at the time of planting.
(3)
In the event that a proposed development is unable to meet the parking requirements for the proposed use and provide the buffer area required by either Subsection A(1) or (2), above, or where existing conditions on the lot such as paving or building location make it impossible to provide the buffer area required by Subsection A(1) and (2), above, a solid masonry wall or a solid fence erected with the finished side facing the adjacent property may be substituted for the required buffer area. The minimum height of the fence or wall shall be six feet.
(4)
None of the required plantings shall encroach across any property line. All plantings shall be located so that, at maturity, all parts of the tree shall be a minimum of 2 1/2 feet from any public street right-of-way or any property line that constitutes the exterior boundary of the buffer area.
(5)
In the event that existing vegetation and/or existing topography provides screening that is adequate to meet the intent of the required buffer area to screen the buildings, activities and parking areas from adjoining properties, City Council, upon recommendation by the Planning Commission, may determine that the existing topography and/or vegetation constitutes all or part of the required buffer area. If such a determination is made, the applicant may be required to record a conservation easement of the depth specified by City Council to guarantee that the existing topography and/or vegetation will not be disturbed or removed from the approved buffer area.
(6)
In the case of a lot that is deeper than 400 feet, the requirement to provide the buffer area along the entire perimeter of the lot may be waived by City Council, provided the required buffer area is installed along the side property lines and across the rear yard for a distance sufficient to screen the buildings, activities and parking areas from adjacent properties.
(7)
Openings for driveways and pedestrian walkways shall be permitted to cross a required buffer area. Plantings in required buffer areas shall be located so as to not obstruct visibility for traffic entering or leaving the site and shall be subject to the clear sight triangle requirements of § 220-94D of this chapter.
(8)
No structures or uses shall be permitted in the required buffer area, other than fences, active or passive recreation facilities and stormwater management facilities. Structures or uses not permitted within the required buffer area include, but are not limited to: buildings, principal uses (other than recreation), accessory structures, parking spaces, access driveways (other than at the point where a driveway crosses the buffer area) and lighting devices.
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
B.
Buffer areas required. A buffer area shall be provided in the following circumstances whenever a new building is constructed or a new parking area containing more than five parking spaces is established:
(1)
Along all property lines where any development in the C-1, C-2, M-1 or M-2 District adjoins property in a C-D, R-1, R-2 or R-3 District, a ten-foot deep buffer area, as measured from that property line, shall be provided and landscaped in accordance with the requirements of Subsection A.
(3)
Along all property lines where the expansion of a legal nonconforming us in any C-D, R-1, R-2 or R-3 District adjoins property in a C-D, R-1, R-2 or R-3 District, a ten-foot buffer area, as measured from the property line, shall be provided and landscaped in accordance with Subsection A.
(4)
Along all property lines where any development in an M-1 or M-2 District adjoins property in a C-1 or C-2 District, a five-foot buffer area, as measured from the property line, shall be provided and landscaped in accordance with the requirements of Subsection A.
(5)
Along all property lines where multifamily dwellings adjoin property in a C-D, R-1 or R-2 District or where multifamily dwellings adjoin property in an R-3 District on which a single-family or two-family dwelling is located, a five-foot buffer area, as measured from the property line, shall be provided and landscaped in accordance with the requirements of Subsection A.
D.
Existing structures in buffer areas. In instances where an existing structure is located within any required buffer area, the buffer area may be reduced for the distance along the property line where the existing building encroaches into the required buffer area, provided the reduced buffer area is not less than the minimum distance between the existing structure and the property line. This reduced buffer area width shall apply only to the side of the existing structure that encroaches on the required buffer area. The required buffer area, as determined by Subsection B, shall apply on all other sides of the existing structure.
E.
Responsibility for maintenance. It shall be the responsibility of the landowner or lessee to assure the continued growth of all required landscaping and/or to replace the same in the event of frost, vandalism, disease or other reasons for the discontinued growth of the required trees, shrubs and bushes. Upon inspection by the City of Bradford and issuance of an enforcement notice in accordance with § 220-141B of this chapter, the landowner or lessee shall replace required landscaping materials with like type and size if the required plant materials do not survive for any reason at any time after occupancy of the property.
F.
Landscaping of open areas. All yard areas not utilized for buildings, parking facilities, driveways, landscaping or buffer areas required by this chapter, home gardening, agriculture or similar uses shall be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be interpreted to be within two weeks after construction activities are completed, unless those activities are completed between November 1 and April 1. In such case, the required sodding or seeding shall occur by May 1. Erosion and sedimentation controls acceptable to the City Engineer shall be installed during the winter months and until such landscaping is completed.
G.
Additional landscaping specifications. Landscaping shall be provided in accordance with the following specifications:
(1)
Planting required in buffer areas as outlined in § 220-93A shall not be substituted for any required planting mandated in this section.
(2)
Deciduous trees shall be selected from the list of species in Chapter 202 of the City Code or equivalent materials.
(3)
A landscaping plan shall be submitted that contains the following information to demonstrate compliance with this § 220-93:
(a)
All required buffer areas with proposed plantings (identifying each proposed tree, bush or shrub) drawn to scale and identifying the height and width of any proposed mounds.
(b)
All required planting independent of any buffer area requirements (identifying each tree, bush, shrub, the use of sod or seeding, etc.) drawn to scale.
(d)
Any existing trees or vegetation that are to be preserved, accurately identifying their relative location.
(e)
Any existing trees or vegetation that will be removed, accurately identifying their relative location.
(5)
Trees.
(a)
Whenever a new nonresidential building is constructed or an existing nonresidential building is enlarged, deciduous trees shall be planted in accordance with the following schedule. In the case of the enlargement of an existing building, the required trees shall be calculated based on the gross floor area of the enlargement only. The gross floor area of the existing building shall be excluded from the calculation. These trees shall be in addition to the trees required by this chapter in any buffer area or parking area.
Building Footprint (as defined herein) (square feet) | Requirement |
|---|---|
1,000 to 30,000 | 1 tree for each 2,000 square feet of building footprint |
30,001 to 75,000 | A minimum of 15 trees plus 1 tree for each 4,000 square feet of building footprint in excess of 30,000 square feet of building footprint |
Over 75,000 | A minimum of 35 trees plus 1 tree for each 5,000 square feet of building footprint over 75,000 square feet of building footprint |
(b)
The required trees shall be planted in clusters on the site and shall be distributed throughout the site to enhance the open space on the site. The final location of the plantings shall be subject to approval by the City of Bradford depending on the size of the site, the magnitude of the required buffer area and the amount of paving and building coverage proposed.
(6)
In any development that contains multifamily dwellings, deciduous trees shall be planted in accordance with the following schedule. These trees shall be in addition to the trees provided in any required buffer area or parking area:
Number of Multifamily Dwellings | Required Trees |
|---|---|
First 25 dwelling units | 1 for each 2 dwelling units |
26 to 100 dwelling units | 12, plus 1 for each 4 dwelling units in excess of 25 dwelling units |
Over 100 dwelling units | 20 |
The required trees shall be planted as street trees, front yard trees or may be clustered in groups around the multifamily dwelling units. |
(7)
All trees that are required to be planted as per the regulations of this § 220-93G shall be a minimum of two inches in diameter at a point one foot above the ground at the time of planting measured along the trunk of the planted tree. All trees shall be planted in accordance with accepted conservation practices.
(8)
Any existing trees that are not disturbed and are not located within a required buffer area and are a minimum of four inches in diameter at a point one foot above the ground shall count towards the required number of trees to be planted outside of the buffer area.
H.
Posting of bonds for landscaping.
(1)
A performance bond in the form of cash, certified check or letter of credit in the amount of 110% of the total cost of the landscaping plan shall be posted with the City of Bradford for a period of one year from the date of City Council's approval of the landscaping plan to guarantee the installation of the required plantings. If more than one year is required to complete the installation, the term of the bond shall be extended and the amount of the bond shall be increased by 10% for each additional year. Upon inspection of the site and verification by the Zoning Officer or City Engineer that all required plantings have been installed, City Council shall authorize release of the performance bond.
(2)
A maintenance bond in the form of cash, certified check or letter of credit in the amount of 15% of the total cost of landscaping shown on the approved landscaping plan shall be posted with the City of Bradford for a period of 18 months from the date of installation of the landscaping materials. The maintenance bond shall guarantee replacement of the required landscaping materials during the term of the bond.
(3)
After the expiration of the maintenance bond, it shall be the responsibility of the landowner or lessee to assure the continued growth of all required landscaping and/or to replace the same in the event of frost damage, vandalism or disease or other reasons for the discontinued growth of the required ground cover, trees, shrubs and hedges in the landscaped areas required by § 220-93 and § 220-113J. The landowner or lessee shall replace required landscaping materials with like size and type, if the plant materials do not survive for any reason at any time after occupancy of the property.
§ 220-94 Special yard requirements.
[Amended 6-13-2023 by Ord. No. 3231.5; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In addition to the yard requirements specified in each zoning district, the following yard requirements shall apply in all zoning districts to the applicable circumstances described below:
A.
Corner lots and through lots.
(1)
On a through lot, a front yard shall be provided along both street frontages. The remaining yards shall be side yards. There shall be no rear yard requirements on a through lot.
(2)
In the case of a corner lot, the assessment roll of the City of Bradford shall determine the front lot line from which the front yard setback is measured. The rear yard shall be measured from the most nearly opposite lot line known as the "rear lot line." The remaining yards shall be side yards.
(3)
In the M and C Districts, the side yard adjoining the secondary street frontage shall be not less than the depth of the required front yard in the district, unless the lot qualifies for the reduced setback authorized by § 220-125B.
(4)
In the R-1, R-2 and R-3 Districts, the side yards shall be determined as follows:
(a)
On a corner lot where the rear lot line coincides with the rear lot line of the adjoining lot for a distance from the street line, the required width of the exterior side yard for any building shall equal 10% of the lot width, but need not be more than 10 feet.
(b)
On a corner lot where the rear lot line coincides with a side lot line of the adjoining lot for a distance from a street line:
[1]
The required width of the exterior side yard for buildings up to 30 feet in height shall equal 30% of the lot width, but need not exceed 30 feet and shall not be less than 18 feet.
[2]
The required width of the exterior side yard for buildings over 30 feet in height shall equal the required front yard depth of said adjoining lot, but need not exceed 30 feet.
C.
Accessory structures. In all zoning districts, the following regulations shall apply to accessory structures:
(1)
Private swimming pools and associated decks and patios accessory to a dwelling.
(a)
Swimming pools accessory to a dwelling shall be located at least five feet from the rear property line. Swimming pools accessory to a dwelling shall not be permitted in the minimum required front yard or in the minimum required side yard.
(b)
All swimming pools, as defined herein, shall be enclosed by a continuous fence or wall not less than five feet in height with a self-closing, self-latching gate designed to prevent access to the pool when it is not in use. The dwelling may be part of the enclosure.
(c)
In the case of an aboveground pool, when any point on the top circumference of the pool is less than four feet above the adjacent ground level, the entire pool shall be enclosed by a continuous fence or wall not less than four feet in height with a self-closing, self-latching gate. Any aboveground pool that is at least four feet above the adjacent ground level around the entire top circumference of the pool shall not be required to be fenced, provided the pool has a retractable ladder or steps that are kept retracted when the pool is not in use.
(2)
Fences.
(a)
No fence in any zoning district shall be constructed in any public street right-of-way.
(b)
All fences shall be erected so that the finished side faces the adjoining property.
(c)
If a property has not been surveyed, the fence shall be located a minimum of two feet from the property line. The property owner shall provide a notarized statement regarding compliance with this requirement.
(d)
If a property has been surveyed, the fence shall be located at least one foot off the property line, unless the fence is constructed of maintenance-free material. Maintenance-free fences may be located on the property line.
(e)
In the C-D, R-1, R-2 and R-3 Districts, a fence may be erected defined rear yard, provided the maximum height of the fence shall not exceed six feet.
(f)
In C-D, R-1, R-2 and R-3 Districts, a fence may be erected in the minimum required front or side yards, provided the maximum height of the fence shall not exceed four feet.
(g)
In the M-C Medical Center District and the C-1 and C-2 Commercial Districts, the maximum height of a fence shall be eight feet. Solid screening fences or walls shall be permitted when required by this chapter to screen dumpsters, loading berths and outside storage areas.
(h)
In the M-1 and M-2 Industrial Districts, the maximum height of a fence or wall shall be 10 feet. Solid-screening fences shall be permitted when required by this chapter to screen dumpsters, loading berths and outside storage areas.
(3)
Satellite dish antennas. Satellite dish antennas, for personal use by private citizens, not including communications antennas, as defined by this chapter, shall be permitted as an accessory use subject to the following requirements:
(a)
(Reserved)
(b)
(Reserved)
(c)
Satellite dish antennas that have a diameter of one meter or less shall be exempted from these regulations.
(d)
In the case of satellite dish antennas greater than one meter in diameter, only one satellite dish antenna shall be permitted on a residential lot. In all zoning districts, satellite dish antennas shall not be permitted in front yards. In the C-D, R-1, R-2 and R-3 Districts, the maximum diameter of any satellite dish antenna installed on any lot or on any roof or above any building shall be 12 feet.
(e)
In the M-C, C-1, C-2, M-1 and M-2 Districts, any satellite dish antenna greater than one meter in diameter that is installed on any lot or on any roof or above any building shall not exceed 20 feet in diameter.
(f)
In all zoning districts, the maximum height of any freestanding satellite dish antenna shall be 25 feet and, in the case of satellite dish antennas mounted on a roof or above a building, the maximum height shall be no greater than 25 feet above the highest point on the roof.
(g)
In all zoning districts, no part of any freestanding satellite dish antenna shall be located closer than 10 feet to any property line.
(4)
Radio or television antennas. A radio or television antenna for personal use by private citizens shall be permitted as an accessory use, subject to the following requirements, except as these provisions may be superseded by any applicable Federal Communications Commission (FCC) ruling or Pennsylvania statute:
(a)
A radio or television antenna structure may be mounted on a roof or installed in a rear yard only, provided that no such structure shall be located within 20 feet of any property line.
(b)
The maximum height for such structure shall not exceed that otherwise allowed in the zoning district in which it is located by more than 20 feet. If placed on a roof, any antenna structure exceeding eight feet in height shall be mounted with guyed wires.
(c)
Any such structure shall comply with applicable airport zoning and Federal Communications Commission (FCC) regulations.
(d)
Radio or television antenna structures located on the ground shall be screened from adjacent properties by evergreen trees or other suitable material, as approved by the City Zoning Officer. The intent of this provision is to lessen the visual impact of tall or large antenna structures. This provision shall not be construed to require total screening from view.
(e)
Antennas and/or antenna structures used in the amateur radio service by individuals holding a valid amateur radio license issued by the Federal Communications Commission (FCC) or any successor agency shall be permitted as an accessory use and shall be installed in accordance with applicable federal law (47 CFR 97.15) and state law (Act 88 of 2008, 53 Pa.C.S.A. § 302).
(5)
Canopies and similar structures. Canopies and similar permanent freestanding roofed structures without walls shall be permitted to cover outdoor seasonal display and sales areas or fuel-dispensing areas accessory to authorized uses in the C-1 and C-2 Commercial Districts, provided that:
(6)
Private greenhouses. One private greenhouse shall be permitted on a lot, provided it is accessory to a single-family dwelling and is located in the rear yard at least 20 feet from any side or rear property line. No solid fuel shall be used to heat the greenhouse.
(7)
Residential accessory storage structures and detached garages.
(a)
No detached garage or storage structure accessory to a dwelling shall be located in the minimum required front yard. Detached garages and storage structures accessory to a dwelling shall be located at least five feet from any side property line at least three feet from any rear property line, at least 10 feet from the dwelling and at least five feet from any other structure.
(b)
In any R-1, R-2 or R-3 District, accessory buildings and roofed projections shall not occupy more than 30% of a required rear yard of an interior lot or more than 40% of a required rear yard of a corner lot.
(8)
Structures accessory to nonresidential structures and buildings.
D.
Visibility at intersections. No object, including, without limitation, fences, landscaping rocks, hedges, trees and other plantings, buildings, structures, walls, signs and motor vehicles, exceeding a height of three feet as measured from the lowest elevation of the curb or, if there is no curb, the edge of paving of any abutting street, shall be temporarily or permanently placed, erected, installed or parked within the clear sight triangle required at the intersection of the right-of-way lines of two public streets or the intersection of the edge of paving of a private driveway with the right-of-way line of a public street. The required clear sight triangle is illustrated in Appendix A.
§ 220-95 Permitted projections into required yards.
The following shall be permitted to project into any required yard in any zoning district:
A.
Typical architectural features of the principal structure, including, but not limited to: bay windows, window sills, chimneys, cornices and eaves, shall be permitted to project into required yards no more than 18 inches.
B.
Decks and their stairs, stoops and unenclosed porches without enclosed habitable foundation or space and without a roof or walls shall be permitted to project into required front, side and rear yards no more than three feet. Porches that have a roof or walls or that are enclosed or have enclosed habitable foundations shall be subject to the yard requirements for the principal structure.
C.
Steps attached to the principal building and open fire escapes shall be permitted to project into required yards no more than three feet.
D.
Handicapped ramps shall be permitted to project into required yards the distance necessary to comply with slope requirements for the ramp.
§ 220-96 Height exceptions.
A.
The height limitations specified in the zoning districts shall not apply to any structure where the express standards and criteria in § 220-90 of this chapter specifically authorize a height that exceeds the maximum height specified in the area and bulk regulations for the district in which it is located.
B.
The height limitations of this chapter shall not apply to the following structures, provided they do not exceed the height limitations of the district in which they are located by more than 15 feet: church spires, chimneys, elevator bulk heads and other mechanical equipment that is part of the principal structure, conveyors, flagpoles, silos, standpipes, elevated water tanks, derricks, public utility structures and other structures not intended for human habitation.
§ 220-97 Drive-through facilities.
All businesses that propose drive-through facilities, as defined by this chapter, as accessory uses or principal uses shall meet all of the following requirements:
A.
Drive-through facilities proposed on property within a planned shopping center may have access from the interior circulation system within the planned shopping center site or directly from an arterial or collector street, as defined by this chapter. In order to have a drive-through facility on any other property, the property shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter, and access to the drive-through facility shall be directly from an arterial or collector street and not from any local street.
B.
In addition to the parking spaces required for the principal use, a minimum of five standing spaces in one lane, with a total length of 100 feet, in direct line with each service position shall be provided for vehicles to wait in line. The standing space shall not interfere with the use of any required parking spaces and shall not inhibit the free flow of traffic on the property. The standing spaces shall be designed so that waiting vehicles shall not stand in any right-of-way or overflow onto adjacent properties, street or berms.
C.
Entrances, exits and standing spaces shall be adequately indicated with pavement markings and/or directional signs.
D.
Parking areas and circulation patterns shall be adequately striped and marked to facilitate traffic circulation on the property.
§ 220-98 Temporary construction trailers, model homes or sales offices.
Temporary construction trailers, model homes or sales offices shall be permitted in any zoning district subject to the following conditions:
A.
Temporary construction trailers shall be permitted only during the period that the construction work is in progress under a valid building permit or under approval by City Council to install public improvements. The temporary construction trailer shall be removed upon completion of the construction authorized under a building permit or upon completion of the installation of the public improvements.
B.
Model homes or sales offices shall be permitted only until 90% of the lots or dwelling units in the development are sold. In the case of a phased development, the use of a model home or sales office shall be permitted to continue only if the subsequent phase is initiated within six months of the completion of 90% of the lots or dwelling units in the prior phase.
C.
A temporary use permit for the temporary structure or use shall be obtained from the Zoning Officer in accordance with the requirements of § 220-145 of this chapter prior to the commencement of construction and may be renewed every six months, if necessary, until the project is completed.
D.
Temporary construction trailers shall be located on the property on which the construction is progressing and shall not be located within 20 feet of any property line adjoining residential use.
E.
Temporary construction trailers shall be used only as temporary field offices and for storage of incidental equipment and supplies and shall not be used for any dwelling use whatsoever.
F.
No signs or other advertising materials for the project shall be attached to the temporary construction trailer; however, the name of the construction company may appear on the trailer.
G.
"Class 3" materials, as classified by the National Fire Prevention Association (NFPA), shall not be stored in temporary construction trailers.
H.
Model homes shall be located on a separate lot and shall meet all the requirements for permanent dwellings in the zoning district in which they are located. Sales offices may be located in a model home or may be located in a trailer located on a vacant lot in the plan or on the site of construction. If the sales office is located in a trailer, the trailer shall not be located within 20 feet of any property line. No signs or other advertising information shall be located on the outside of the trailer or sales office.
I.
Model homes or sales offices located in a trailer shall not be utilized for any dwelling use, whatsoever, during the time they are approved as a temporary use or structure in accordance with the provisions of this section.
J.
Model homes or sales offices shall be used primarily for sales associated with the development in which they are located and shall not be used as the only place of business for the listing realtor.
§ 220-99 Agriculture and related activities.
In the C-D District, agriculture, as defined herein, when authorized by this chapter, shall be subject to the following requirements:
A.
Storage of manure, odor or dust producing substances shall be located at least 200 feet from any property line.
B.
Any stable or other building used for the sheltering, keeping, raising or feeding of horses, livestock and poultry shall be located at least 75 feet from any property line.
C.
A commercial greenhouse heating plant shall be located at least 100 feet from any property line.
D.
All grazing and pasture areas shall be adequately fenced to properly enclose the animals and to protect adjacent property.
E.
An occupied dwelling shall be required on any property where horses are kept.
F.
The number of horses kept on property shall be limited to one animal for the first five acres, plus one for each additional acre or portion thereof up to 10 acres, not to exceed a total of six horses. There shall be no limit on the number of horses on properties of 10 acres or more.
G.
Sale of agricultural products to the general public shall not be permitted on the property devoted to agriculture, however, products may be sold off the premises.
§ 220-100 Storage.
A.
Outdoor storage in commercial and industrial districts.
(1)
In the C-1 and C-2 Commercial Districts, storage of materials outside a completely enclosed structure shall not be permitted, except for convenience stores, vehicle sales, boat sales, commercial greenhouses, building supply, custom craft shops and similar businesses that require outside storage of products offered for sale. In the case of commercial greenhouses, building supply, custom craft shops and similar businesses, outside storage areas larger than 1,000 square feet shall be completely enclosed by a security fence and shall be screened by an opaque fence or hedge that is at least six feet in height.
(2)
In the M-1 and M-2 Industrial Districts, any material or equipment stored outside an enclosed building shall be incidental to the principal use of the lot and shall be stored to the rear of the building or an alternative location that screens the storage area from public view from the street or from any adjacent residential property. If existing buildings do not screen the storage area from public view from the street or adjacent residential property, the area shall be screened by a hedge or opaque fence at least eight feet in height.
B.
Refuse collection and waste disposal. In all districts, all organic rubbish and discarded materials shall be placed in tight vermin-proof containers on the property and shall be secured in side or rear yards. In C-1, C-2, M-1 and M-2 Districts, dumpsters shall be screened from public view by means of a solid-face fence or wall at least six feet in height. Containers shall be emptied once a week. On properties where food is served in paper containers, covered waste receptacles shall be conspicuously located on the premises for use by patrons. The management shall be responsible for maintaining the property free of litter.
C.
Storage of recreational vehicles. Recreational vehicles with a current license or registration and a valid inspection sticker may be parked or stored in the side or rear yard of property in any zoning district. Recreational vehicles shall not be parked in the front yard. At no time shall any parked or stored recreational vehicle be occupied or used as a dwelling.
D.
Parking of commercial vehicles and equipment. Commercial vehicles and equipment including trucks in excess of one-ton capacity, tandems, tractor-trailers, tractors or other commercial or construction or cargo-moving vehicles or equipment shall not, under any conditions, be stored outside a completely enclosed building or parked outside overnight between the hours of 10:00 p.m. and 7:00 a.m. in any R-1, R-2 or R-3 District.
§ 220-101 Forestry.
[Amended 4-14-2020 by Ord. No. 3231.3]
Forestry, as defined herein, shall be conducted in accordance with the following provisions. Proof of compliance with all requirements shall be submitted with the application for a zoning certificate.
A.
All developing, cultivating, and harvesting of trees for commercial purposes shall be located at least 50 feet from an existing dwelling.
B.
Any and all logging operations shall be discontinued between 7:00 p.m. and 7:00 a.m., provided further that such operations shall not take place during any hours on Sundays or legal government holidays.
C.
Routes to be used by the hauling trucks shall be approved by the City of Bradford, and the operator shall demonstrate that there shall be no negative impact on City streets from the proposed operation.
D.
The operator shall provide the City of Bradford with a copy of a video tape of the condition of all streets to be utilized in the forestry operation prior to commencing operations.
E.
A performance bond shall be posted in favor of and in the amount required by the City of Bradford to guarantee restoration of City streets used as hauling routes.
F.
The operator shall be responsible for cleaning dirt and debris from public streets daily during the operation.
G.
The applicant shall submit a copy of the state and/or county permit for hauling on state and/or county roads, if applicable.
H.
The applicant shall supply the City of Bradford with the name of an on-site contact person.
I.
J.
A logging plan prepared and sealed by a practicing, consulting forester who is a member of the Association of Consulting Foresters or the Pennsylvania Council of Professional Foresters or a forester certified by the Society of American Foresters shall be submitted that shows, at a minimum:
(1)
The design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings;
(2)
The design, construction and maintenance of water-control measures and structures, such as culverts, broad-based dips, filter strips and water bars;
(3)
The design, construction and maintenance of stream and wetland crossings, if any;
(4)
The general boundaries of the proposed operation in relation to streets maintained by the City of Bradford, the state or county, including any accesses to those streets;
(5)
The site location, including boundaries of the property and boundaries of the proposed harvest area;
(6)
Significant topographic features;
(7)
The location of all earth-disturbance activities, such as roads, landings and water control measures and structures; and
(8)
The location of all crossings of waters of the commonwealth.
K.
Felling or skidding on or across any public street is prohibited without the express written consent of the City of Bradford, McKean County or the Pennsylvania Department of Transportation (PennDOT), whichever is responsible for maintenance of the street.
L.
During the operation, no remnants of trees or debris shall be left within 25 feet of any public street or any private street providing access to adjoining residential property during the operation.
M.
During the operation, no remnants of trees or debris shall be left on any adjoining property or across any property line without the consent of the adjoining owner.
N.
Following completion of the forestry operation, all remnants of trees, stumps and debris within 50 feet of a public street or residential property line shall be cut to a maximum of four feet above the adjacent ground level following completion of the forestry operation.
O.
Upon completion of the forestry operation, haul roads shall be restored to their original condition.
§ 220-102 No-impact home-based business.
All no impact home-based businesses, as defined herein, shall comply with the following:
A.
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including, but not limited to: parking, signs or lights.
E.
No on-site parking of commercially identified vehicles shall be permitted.
F.
The business activity shall not use any equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, that is detectable in the neighborhood.
G.
The business activity shall not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
H.
The business activity shall be conducted only within the dwelling and shall not occupy more than 25% of the habitable floor area of the dwelling.
I.
The business shall not involve any illegal activity.
§ 220-103 Communications antennas.
All communications antennas, as defined herein, shall be subject to the following:
A.
Building-mounted antennas shall not be permitted on any single-family or two-family dwelling or townhouse building. Building mounted antennas may be erected on any garden apartment, mid-rise apartment or high-rise apartment building or any other public or nonresidential building or structure.
B.
The applicant shall demonstrate that the electromagnetic fields associated with the proposed antennas comply with safety standards now or hereafter established by the Federal Communications Commission (FCC).
C.
The applicant shall demonstrate compliance with all applicable Federal Aviation Administration (FAA) and any applicable airport zoning regulations.
D.
Building-mounted antennas shall be permitted to exceed the height limitations of the district in which they are located by no more than 20 feet. Antennas mounted on an existing public utility storage or transmission structure shall not project more than 20 feet above the height of the structure.
E.
Omnidirectional or whip antennas shall not exceed 20 feet in height or seven inches in diameter.
F.
Directional or panel antennas shall not exceed five feet in height or two feet in width.
G.
Satellite and microwave dish antennas mounted on the roof of a building shall not exceed six feet in diameter.
H.
Satellite and microwave dish antennas mounted on an existing public utility storage or transmission structure shall not exceed two feet in diameter.
I.
The applicant proposing a building mounted antenna shall submit evidence from a structural engineer certifying that the proposed installation will not exceed the structural capacity of the building considering wind and other loads associated with the antenna's location.
J.
Evidence of lease agreements and easements necessary to provide access to the building or structure for installation and maintenance of the antennas and placement of the equipment cabinet or equipment building shall be provided to the City of Bradford.
K.
The placement of the equipment cabinet or equipment building shall not obstruct the free flow of traffic on the site, shall not reduce any parking required or available for other uses on the site and shall not obstruct any right-of-way or easement without the permission of the owner or grantor of the right-of-way or easement.
L.
Unless located within a secured building, the equipment cabinet or equipment building shall be enclosed by a ten-foot-high chain-link security fence with locking gate. If the equipment cabinet or equipment building is visible from any public street or adjoining property in a C-D, R-1, R-2 or R-3 District, the equipment cabinet or equipment building shall be screened by a minimum six-foot-high compact evergreen hedge located outside the security fence.
M.
If vehicular access to the equipment cabinet or equipment building is not provided from a public street or paved driveway or parking area, an easement or right-of-way shall be provided that has a minimum width of 20 feet and that shall be improved with a dust-free, all-weather surface for its entire length.
N.
At least one off-street parking space shall be provided on the site within a reasonable walking distance of the equipment cabinet or equipment building to facilitate periodic visits by maintenance workers.
§ 220-104 Oil, gas or water intake wells.
All oil and gas well operations, as defined herein, shall be subject to the following regulations:
B.
All oil, gas and water intake wells shall be located at least 15 feet from any existing dwelling.
C.
The storage of liquids produced from such well shall be placed in a tank. The outside perimeter of the tank shall be located at least 10 feet from any existing dwelling.
D.
Any powerhouse utilizing any source of power other than electricity shall be located at least 1,000 feet from any dwelling.
E.
All wells operated by electric clock controls shall be completely enclosed by a fence that is at least four feet in height.
F.
All activities conducted in association with, and as part of, oil and gas wells shall be in accordance with 58 Pa.C.S.A. § 3201 et seq. and any other applicable federal, state, county and City of Bradford statutes.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G.
The applicant shall obtain permits from appropriate state and other applicable regulatory agencies or authorities issued in accordance with all applicable laws and regulations for the proposed use. In the event such permits have not been issued at the time an application for zoning approval is filed with the City, the applicant's zoning approval shall be expressly conditioned on the granting of necessary permits required by the above agencies or authorities. At the time of making application to such authorities, the applicant shall file with the City Administrator or his/her authorized designee a copy of each state or federal application with supporting documentation for the proposed use.
H.
The applicant shall provide a description of plans for the transportation of materials and equipment to construct the facility, and measures that will be taken to maintain all streets within the City of Bradford that are used to transport materials and equipment, and to repair any damages to the streets that may occur as a result.
I.
Any material stored outside a completely enclosed building, as defined herein, being used as an incidental part of the primary operation shall be screened by opaque ornamental fencing, walls or evergreen plant material in order to minimize visibility if the storage area is readily visible from any adjoining occupied residential dwellings. This provision shall not apply to operable vehicles.
K.
The applicant shall provide certification that a bond is held by the Pennsylvania Department of Environmental Protection (PA DEP) to ensure proper plugging when the well is classified as inactive by the PA DEP.
L.
The applicant shall provide a schedule indicating the following dates:
(1)
Site preparation beginnings and endings.
(2)
Anticipated drilling activity beginnings and endings.
(3)
Anticipated completion (perforating) work to begin and end.
(4)
Anticipated stimulation (fracturing) work to begin and end.
(5)
Anticipated production work to begin and end.
(6)
Anticipated plugging date.
M.
The access road to the well site shall be improved with a dust-free, all-weather surface in such a manner that no water, sediment or debris will be carried onto any public street.
N.
An off-street area for maintenance vehicles to stand while gaining entrance to the access road shall be provided that does not disrupt the normal flow of traffic on the public street.
§ 220-105 Public parking lot; public parking garage.
In all districts where a public parking lot or public parking garage is authorized as a permitted principal or accessory use, the use shall meet all of the following requirements:
A.
All public parking lots or public parking garages shall be designed to have direct vehicular access to an arterial or collector street, as defined by this chapter.
B.
All public parking lots or public parking garages shall be designed to minimize traffic congestion on the site or within the parking garage and for traffic entering or leaving the site or parking lot or parking garage.
C.
The design of any public parking garage proposed to be located on property that adjoins property in an R-1, R-2 or R-3 District shall take into account the height, visual, light and air impacts on adjoining residences and shall utilize architectural materials for the exterior walls facing those residential areas that are compatible with the residential character of adjoining properties.
D.
Any public parking garage structure, whether proposed as a principal structure or an accessory structure, shall comply with the yard requirements for a principal structure in the zoning district in which it is located.
E.
Any public parking lot that is reserved, in part, for the customers or employees of a specific use shall be located within 600 feet of the specific use that it is intended to serve.
§ 220-106 Home occupations in dwellings located in nonresidential zoning district.
The residents of a dwelling unit that is located in a C-1, C-2, M-1 or M-2 Zoning District may conduct a home occupation as an accessory use, provided all of the following requirements are met:
A.
Any of the authorized permitted uses by right in the C-1 or C-2 District may be established as a home occupation.
B.
No more than 30% of the gross floor area of the principal dwelling shall be devoted to the conduct of the home occupation.
C.
The home occupation may be carried on within the principal dwelling or within an accessory structure on the same lot with the principal dwelling. If the home occupation is conducted within an accessory structure, up to 100% of the gross floor area of the accessory structure may be devoted to the conduct of the home occupation.
D.
There shall be no storage of equipment or materials used in the home occupation outside a completely enclosed building.
§ 220-107 Shops for the manufacture, processing or repair of articles incidental to a retail business.
A.
The gross floor area devoted to the manufacture, processing or repair of articles incidental to a retail business shall not exceed 15% of the gross floor area of the building devoted to the retail business.
B.
No more than four employees shall be engaged in the manufacture, processing or repair of articles incidental to any one retail business.
C.
All articles manufactured, processed or repaired shall be sold at retail in the business on the same site.
D.
All manufacturing, processing and repair activities shall be undertaken within a completely enclosed building.
§ 220-108 Storage of gasoline or similar flammable liquids.
A.
Except for fuel oil used for heating purposes on the premises, the storage of gasoline or similar flammable liquids shall not exceed 10 gallons on any property in a C-D, R-1, R-2, R-3 or C-1 District.
B.
In any C-2, M-1 or M-2 District, the storage of gasoline, propane or any other flammable liquid shall comply with the following requirements.
C.
Below-ground storage tanks shall be located at least five feet from all property lines.
D.
Aboveground storage tanks shall not exceed 10 feet in height and shall be located at least 10 feet from all property lines.
E.
All aboveground and below-ground storage tanks shall comply with Title 25, Chapter 245, Administration of the Storage Tank and Spill Prevention Program, regulations of the Pennsylvania Department of Environmental Protection (PA DEP).
§ 220-109 Automobile service stations.
A.
All minor repair work, vehicle washing, waxing, detailing, lubrication and installation of parts and accessories shall be performed within a completely enclosed building.
B.
All vehicle parts, dismantled vehicles and similar materials shall be stored within a completely enclosed building or if stored outside, shall be totally screened from view by a solid or privacy fence.
C.
Gasoline pumps shall be located at least 20 feet from the edge of the right-of-way of a public street.
D.
All fuel, oil and similar substances shall be stored at least 25 feet from any property line.
E.
The handling and disposal of motor oil, battery acid and any other substance regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency or its successor agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 220-141 of this chapter.
§ 220-110 Outdoor cafes.
The serving of food in an outdoor setting shall comply with all of the following requirements:
A.
An outdoor cafe shall only be permitted as an accessory use on property where an eating or drinking establishment is the principal use.
B.
If located entirely on private property, the seating area shall be subject to the setbacks for accessory structures in the district in which it is located.
C.
If all or part of an outdoor cafe is proposed on a public sidewalk, the seating area shall not obstruct any sidewalk or public right-of-way nor shall it obstruct the free flow of pedestrian or vehicular traffic on the site or adjoining the site. On any sidewalk, there shall be maintained a minimum of five feet unobstructed width for the passage of pedestrians and in the case where there is parallel parking permitted along such sidewalk, a minimum of four feet adjacent to the curb to permit the discharging of passengers shall be provided. These required unobstructed areas on the sidewalk may be combined into one area at least five feet wide along the curb.
D.
An outdoor cafe shall not utilize designated parking spaces on the site nor shall it encroach on any required buffer areas.
E.
Tables and chairs shall be adequately secured or stored inside when not in use to eliminate the possibility of wind or theft hazards.
F.
Seating areas on a sidewalk may be enclosed or demarcated by a railing, fence, bollards, planters or similar structures, provided the unobstructed area required by Subsection B is maintained.
G.
Restroom facilities for the principal use shall be available to the patrons of the outdoor cafe.
H.
No noise or odor shall emanate from the outdoor cafe that would adversely affect any adjoining property in an R-1, R-2 or R-3 District located within 300 feet of the outdoor cafe.
I.
Adequate parking for the outdoor cafe shall be provided either on the site, on the adjacent street or in a public parking lot located within 500 feet of the site.
J.
The outdoor cafe shall obtain necessary approvals from the Pennsylvania Liquor Control Board (PA LCB), if the establishment is licensed.
K.
The outdoor cafe shall maintain the necessary permits from the City Health Department.
L.
The owner of the outdoor cafe shall provide the City with a certificate of insurance, in an amount at least equal to $2,000,000 per occurrence and $3,000,000 aggregate, indemnifying the City against any liability resulting from such use.
§ 220-111 Historic District Overlay.
All properties that are delineated within the Historic District Overly on the City of Bradford Official Zoning District Map shall be further subject to Chapter 125, Historic Preservation, of the City of Bradford Code, which establishes the boundaries of an historic district, a Board of Historical Architectural Review and regulations governing the alteration of structures within the district.