Bridgeville City Zoning Code
PART 10
SUPPLEMENTAL REGULATIONS
§ 1000 Applicability.
[Ord. 984, 12/14/2015]
The supplemental regulations in this Part supplement the requirements of Parts 4 through 8 governing each zoning district and shall apply to all uses in all zoning districts.
§ 1001 Performance Standards.
[Ord. 984, 12/14/2015]
All permitted uses, conditional 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 §§ 1001.10 and 1001.11.
1001.1.
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.
1001.2.
Electrical Disturbance. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
1001.3.
Noise. No operation or activity shall cause or create noise in excess of the sound levels prescribed below:
A.
Conservation and Residential Districts. At no point beyond the boundary of any lot within the C, R-1 or R-2 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 any twenty-four-hour equivalent period.
B.
Commercial Districts. At no point on or beyond the boundary of any lot within any M District 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.
C.
Industrial District. At no point on or beyond the boundary of any lot within any I District 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.
D.
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.
E.
The following uses or activities shall be exempted from the noise regulations:
F.
In addition to the above regulations, all uses and activities within the Borough 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.
1001.4.
Vibrations. Vibrations detectable without instruments on neighboring property in any zoning district shall be prohibited.
1001.5.
Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.
1001.6.
Smoke, Ash, Dust, Fumes, Vapors and Gases.
A.
Smoke which is of a shade equal to or darker than No. 3 on the Standard Ringlemann Chart issued by the United States Bureau of Mines shall not be emitted by industrial or commercial uses for longer than eight minutes in any hour.
B.
No pollution of air by flash, dust, smoke, vapors or other substance shall be permitted which is harmful to health, animals, vegetation or other property.
1001.7.
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 the illustration of cutoff angle in Appendix B.)[1] In no case shall there be spillover lighting on any adjacent residential property in excess of 0.2 footcandle.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
1001.8.
Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties.
1001.9.
Water Pollution. Water quality shall be subject to the standards established by the Pennsylvania Department of Environmental Protection (PA DEP).
1001.10.
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 section. In reviewing such documentation, the Borough may seek the assistance of any public agency having jurisdiction or interest in the particular issues, and the Borough 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 section shall be a basis for denying approval of the application.
1001.11.
Continuing Enforcement.
A.
The Zoning Officer shall investigate any purported violation of the performance standards by any use or activity established after the effective date of this chapter and, subject to the approval of Borough 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 accused of the 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 Borough.
B.
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 § 1501 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 occupancy for the facility or use.
§ 1002 Buffer Areas and Landscaping.
[Ord. 984, 12/14/2015]
1002.1.
Buffer Areas Described. Buffer areas, as described by this chapter and required by § 1002.2, shall meet all of the following criteria. (See Appendix C for illustrations of buffer areas.)[1]
A.
Buffer Area "A" shall contain one row of plantings that shall consist of a mixture of thirty-percent deciduous and seventy-percent evergreen trees spaced within the row a minimum of 15 feet apart, measured from the vertical center lines of adjacent trees. The depth of Buffer Area "A" shall be 10 feet as measured from the property line.
B.
Buffer Area "B" shall be comprised of a continuous, compact evergreen hedge that is a minimum of six feet in height at the time of planting or a line of evergreen trees that will grow together when mature. The depth of Buffer Area "B" shall be four feet as measured from the property line.
C.
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.
D.
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 residential properties, Borough 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 Borough Council to guarantee that the existing topography and/or vegetation will not be disturbed or removed from the approved buffer area.
E.
In the event that a public street right-of-way, dedicated and accepted by the Borough, separates the two dissimilar uses specified, the buffer area shall not be required.
F.
Openings for driveways or pedestrian walkways shall be permitted to cross a required buffer area. Plantings in required buffer areas shall be located so as not to obstruct visibility for traffic entering or leaving the site and shall be subject to the clear sight triangle requirements of § 1003.4 of this chapter.
G.
No structures or uses shall be permitted in the required buffer area, other than fences, active or passive recreation facilities and stormwater management facilities, provided that the structures or uses do not interfere with the required plantings in the buffer area and provided that all plantings are located outside any stormwater management structure. Structures or uses not permitted within the required buffer area include, but are not limited to, buildings, accessory structures, parking spaces, access drives and lighting devices.
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
1002.2.
Buffer Areas Required. Buffer Areas "A" and "B" listed in § 1002.1 above shall be required under the following circumstances:
A.
Buffer Area "A." Buffer Area "A" shall be required:
B.
Buffer Area "B." Buffer Area "B" shall be required:
(1)
Along all property lines where any development in the M District adjoins property in an R-1 or R-2 District.
(2)
Along all property lines where the expansion of a legal nonconforming use in any C, R-1 or R-2 District adjoins property in a C, R-1 or R-2 District.
(3)
Where the express standards and criteria for a conditional use or use by special exception in § 903 of this chapter specify that Buffer Area "B" is required.
(4)
On developed nonresidential properties in the M or I District where existing conditions such as building location and existing paving of the parking lot make it impossible to meet the requirements for Buffer Area "A" along a property line that adjoins property in the C, R-1 or R-2 District.
1002.3.
Conflict Between Buffer Area and Yard Requirements. When the width of a required buffer area is in conflict with the minimum yard requirements of Parts 4 through 8, the greater distance shall apply. The buffer area planting requirement shall be adhered to regardless of the yard requirement.
1002.4.
Existing Structures in Buffer Areas. In instances where an existing structure is located within any required buffer area, the buffer area may be reduced, provided that the 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 § 1002.2, shall apply on all other sides of the existing structure.
1002.5.
Existing Trees in Buffer Areas. Where trees already exist within the required buffer area, these trees may be counted towards the specified plantings in the required buffer area.
1002.6.
Size of Trees in Required Buffer Areas. All existing and proposed trees within the buffer area shall be a minimum of two inches in diameter at a point one foot above the ground measured along the trunk of the tree. Proposed trees shall be planted in accordance with accepted conservation practices. All required trees shall be a minimum of six feet in height at time of planting measured from the ground adjacent to the planted tree to the top of the tree. All existing and proposed trees shall be separated by a distance no greater than the distance specified for the required buffer area in § 1002.1 of this chapter.
1002.7.
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. The landowner shall record a restrictive covenant on the land guaranteeing perpetual maintenance and preservation of the required buffer area. Upon inspection by the Borough and issuance of an enforcement notice in accordance with § 1501 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.
1002.8.
Posting of Bond for Landscaping. A maintenance bond in the form of cash, certified check or letter of credit shall be posted with the Borough in the amount of 15% of the total cost of landscaping shown on the approved landscaping plan 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.
§ 1003 Special Yard Requirements.
[Ord. 984, 12/14/2015; Ord. No. 1031, 1/13/2025]
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.
1003.1.
Lot Design Requirements.
A.
Corner Lots. Corner lots shall provide front yards of each street frontage. The remaining two yards shall constitute side yards.
B.
Flag lots shall not be permitted within the Borough.
C.
A "building lot" as laid out in a previously recorded plan of lots shall not be used as a driveway, or as a private or public road, to access a lot or lands that are not part of the same recorded plan of lots.
D.
A lot or portion of a lot located in one zoning district shall not be used as a driveway or private or public street to access an adjacent lot or portion of a lot in another zoning district if the use is not permitted as of right or as a conditional use in the zoning district in which the proposed driveway or private street will be located.
E.
A lot or portion of a lot shall not be used as a driveway or private or public street to access an adjacent lot or portion of a lot in another municipality.
F.
Lots shall have the minimum required frontage on a Bridgeville Borough public street.
G.
All minimum and maximum setback requirements shall be in accordance with the Borough's zoning ordinance for that specific zoning district. Notwithstanding the foregoing, any new principal building or structure must have minimum and maximum front yard setback that conforms with (i.e., aligns with) the front yard setbacks (i.e., front yard/building line setbacks) of the existing structures on the immediately adjacent lots (or an average thereof).
1003.2.
Nonconforming Lots of Record.
See § 1303 of this chapter.
1003.3.
Accessory Structures. Accessory structures shall be permitted in all zoning districts, provided that the structures and use thereof meet all the zoning requirements applicable to accessory structures in the district in which they are located. In all zoning districts, the following regulations shall apply to accessory structures:
A.
In all zoning districts, accessory structures and uses are not permitted without first having a principal structure on the lot or substantial completion of a principal structure. This does not apply to temporary construction trailers or construction sheds as permitted by this chapter.
B.
Private Swimming Pools.
(1)
A swimming pool, as defined herein, whether aboveground or in-ground, accessory to a single-family dwelling, may be located within the required rear yard, provided that an aboveground swimming pool shall be located at least five feet from any rear or side property line and an in-ground pool shall be located at least 10 feet from the rear property line and eight feet from the side property lines. Except for the buildings, equipment, and appurtenances incidental to the pool, a private residential swimming pool shall be enclosed by a nonconducting fence or other enclosure at least four feet in height which can be locked to prevent accidental or unauthorized entry.
(2)
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 that the pool has a retractable ladder or steps that are kept retracted when the pool is not in use.
C.
Private Sports Courts Accessory to a Dwelling. Sports courts accessory to a dwelling shall be located only in a rear yard and shall be no closer to the side or rear property line than 10 feet, Lighting of the sports court shall not be permitted. All sports courts shall be enclosed by a fence that is a minimum of eight feet in height and a maximum of 10 feet in height and that shall contain openings equal to 75% or more of the surface area of the fence. The area of the sports court shall not exceed 50% of the total area of the lot defined by the side lot lines, rear lot line and rear wall of the dwelling.
D.
Fences, Walls, Hedges and Railings. Fences, walls, hedges and railings may be provided if the following conditions are met:
(1)
Adequate gates and entries not less than three feet in width shall be provided to ensure safe access to all structures.
(2)
No fence, wall, hedge or railing in any front yard shall exceed four feet in height.
(3)
Fences, walls or hedges not more than six feet in height may be constructed in side and rear yards but shall not be placed in any required front yard, unless they do not exceed four feet in height.
(4)
In no instance shall any aboveground fence be electrically charged or wired to accept an electrical charge.
(5)
No barbed wire shall be permitted except on property in an I District.
(6)
Fences may be located on the property line.
(7)
All fences, walls, hedges and railings shall be located so as to maintain visibility for traffic on adjacent streets and traffic entering and leaving properties and shall comply with the clear sight triangle requirements of § 1003.4 of this section.
E.
Satellite or Parabolic Dish Antennas. Satellite or parabolic dish antennas with a diameter of one meter or less shall be exempt from these regulations. All other satellite or parabolic dish antennas may be erected as accessory structures in any zoning district, subject to the following regulations:
(1)
No such antenna shall be located in any front yard.
(2)
No such antenna shall be located on the roof of any accessory building.
(3)
No more than one satellite or parabolic dish antenna shall be located on any one lot.
(4)
In the R-1 and R-2 Districts, no such antenna exceeding four feet in height, diameter or depth shall be installed on any roof or above any building. In C Conservation, M Mixed-Use, and I Industrial Districts, no such antenna exceeding 12 feet in height, diameter or depth shall be installed on any roof or above any building.
(5)
In the R-1 and R-2 Districts, when roof-mounted on a principal structure, the satellite or parabolic dish antenna shall be located so that it is not visible from the street.
(6)
The diameter of any satellite or parabolic dish antenna, other than those installed on a roof or above a building, shall not exceed 12 feet.
(7)
No part of any freestanding antenna structure shall be located any closer than 10 feet to any property line.
(8)
The maximum height of any freestanding satellite or parabolic dish antenna shall be 15 feet.
F.
Radio and Television Antennas. A radio or television antenna for personal use by private citizens shall be permitted as an accessory use, subject to compliance with all applicable Federal Communications Commission (FCC) licensing regulations. Such antennas may exceed the height limitations of the zoning district in which they are located to the minimum height necessary to provide the operator with effective communications.
(1)
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.
(2)
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.
(3)
Any such structure shall comply with applicable airport zoning and Federal Communications Commission (FCC) regulations.
(4)
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 Borough.
G.
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 M Mixed-Use District, provided that:
H.
Residential Accessory Storage Structures and Detached Garages. No detached garage or storage structure accessory to a dwelling shall be located in the minimum required front yard. In all districts, detached garages and storage structures accessory to a dwelling shall be located at least 10 feet from any rear property line and at least eight feet from any side property line.
I.
All Other Residential Accessory Structures. No other residential accessory structure shall be located in the minimum required front yard. In all districts, all other residential accessory structures with permanent foundations shall be located at least 10 feet from any rear property line and at least eight feet from any side property line. All other accessory structures without permanent foundations shall be located at least five feet from any rear or side property line.
J.
Structures Accessory to Nonresidential Structures and Buildings.
(1)
No structure accessory to a nonresidential building or structure, other than an authorized sign, canopy or off-street parking area, shall be located in the required front or side yard. Off-street parking areas and signs shall be subject to the requirements of Parts 11 and 12. Canopies shall be subject to § 1003.3, Subsection G of this chapter.
(2)
All other structures accessory to nonresidential buildings or structures shall not be located within any required buffer area. Where a buffer area is not required, setbacks for accessory structures shall comply with the requirements specified in each zoning district.
1003.4.
Visibility at Intersections. No object, including, without limitation, fences, landscaping rocks, hedges, trees and other plantings, buildings, structures, walls and signs, exceeding a height of three feet as measured from the lowest elevation of the curb of any abutting street shall be temporarily or permanently placed, erected or installed within the clear sight triangle required at the intersection of two streets or the intersection of a driveway or alley with a public street. The required clear sight triangle is illustrated in Appendix A, which is an attachment to this chapter.
§ 1004 Permitted Projections into Required Yards.
[Ord. 984, 12/14/2015]
1.
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.
§ 1005 Height Exceptions.
[Ord. 984, 12/14/2015]
The height limitations specified in the zoning districts shall not apply to any structure where the express standards and criteria in § 903 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. In addition, 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 bulkheads 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.
§ 1006 Temporary Construction Trailers.
[Ord. 984, 12/14/2015]
1.
Temporary construction trailers shall be permitted in any zoning district subject to the following conditions:
A.
Temporary structures and trailers used in conjunction with construction work shall be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued for a six-month period.
B.
A temporary use permit for the temporary structure or use shall be obtained from the Zoning Officer in accordance with the requirements of § 1505 of this chapter prior to the commencement of construction and shall be renewed every six months, if necessary, until the project is completed.
C.
Temporary construction trailers shall be located on the lot on which the construction is progressing and shall not be located within 10 feet of any property line that adjoins property containing a single-family or two-family dwelling.
D.
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.
E.
"Class 3" materials, as classified by the National Fire Prevention Association (NFPA), shall not be stored in temporary construction trailers.
§ 1007 Communications Antennas.
[Ord. 984, 12/14/2015]
1.
All communications antennas, as defined herein, shall be subject to the following:
A.
Building-mounted antennas shall not be permitted on any single-family, two-family or townhouse dwelling. Building-mounted antennas may be erected on any multifamily dwelling 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 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 height and location of the proposed antennas shall be designed so that, in the event of collapse, the antennas will fall within the boundaries of the property on which they are to be located.
J.
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.
K.
Evidence of lease agreements and easements necessary to provide access to the building or structure for installation and maintenance of the antenna and placement of the equipment cabinet or equipment building shall be provided to the Borough.
L.
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 easement.
M.
Unless located within a secured building, the equipment cabinet or equipment building shall be fenced 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 an R-1 or R-2 District, the equipment cabinet or equipment building shall be screened by a minimum six-foot-high compact evergreen hedge.
N.
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.
O.
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.
§ 1008 Storage.
[Ord. 984, 12/14/2015]
1008.1.
Outdoor Storage in Commercial and Industrial Districts.
A.
In the M Mixed-Use District, storage of products or materials outside a completely enclosed building shall not be permitted, except for commercial greenhouses, convenience stores, vehicle repair garages, vehicle rental, sales and service, vehicle accessories sales and installation and similar businesses that require outside storage of products or materials offered for sale. In the case of such uses that require outside storage, 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.
B.
In the I Industrial District, any materials 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 in an alternative location that screens the storage area from public view from the street or immediately adjacent property in an R-1 or R-2 District. If existing buildings do not screen the storage area from public view from the street or adjacent property in an R-1 or R-2 District, the area shall be screened by a hedge or opaque fence at least eight feet in height.
1008.2.
Refuse Collection and Waste Disposal. In all M and I Districts and on properties containing multifamily dwellings located in any zoning district, all organic rubbish and discarded materials shall be placed in tight verminproof containers on the property and shall be located in side or rear yards. Containers shall be emptied at least 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. All nonresidential uses shall provide dumpsters or trash receptacles that are secured to keep them from moving and to protect against windblown refuse.
1008.3.
Personal On-Demand Storage Units (PODS)®.
A.
One personal on-demand storage unit shall be allowed on a lot. The personal on-demand storage unit may be located in any minimum required front, side or rear yard, provided that it is at least three feet from any property line and 10 feet from any street curbline or, if there is no curb, from the edge of paving of a public or private street.
B.
Personal on-demand storage units that are utilized for the purpose of moving or relocating personal effects or business inventory or equipment shall be permitted to remain on the lot for no more than 30 consecutive days in a calendar year.
C.
Personal on-demand storage units that are utilized during repair or reconstruction of a structure on the lot shall be permitted to remain on the lot for no more than 90 consecutive days in a calendar year. Upon demonstration of the continued need for the personal on-demand storage unit utilized during repair or reconstruction, the Zoning Officer may grant one extension for a cumulative total of no more than 180 consecutive days in a calendar year.
§ 1009 Forestry.
[Ord. 984, 12/14/2015]
1.
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 operations shall be located at least 100 feet from any existing dwelling.
B.
All 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 Borough, and the operator shall demonstrate that there shall be no negative impact on Borough roads from the proposed operation.
D.
The operator shall provide the Borough with a copy of a videotape of the condition of all roads 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 determined by the Borough Engineer to guarantee restoration of Borough roads 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.
Upon completion of the forestry operation, haul roads shall be restored to their original condition.
I.
The applicant shall supply the Borough with the name of an on-site contact person.
§ 1010 No-impact Home-Based Business.
[Ord. 984, 12/14/2015]
1.
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.
§ 1011 Drive-Through Facility.
§ 1012 Family Day-Care Home.
§ 1013 Shared Parking.
§ 1014 Public Parking Garage or Public Parking Lot.
[Ord. 984, 12/14/2015]
1.
Public parking garages or public parking lots constructed in the M District 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 garage and for traffic entering or leaving the site or parking lot or parking garage.
C.
The design of any parking garage proposed to be located on property that adjoins property in an R-1 or R-2 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.
E.
Any public parking lot that has parking spaces 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.
§ 1015 Design Standards for the M Mixed-Use District.
[Ord. 984, 12/14/2015]
1.
The following regulations shall apply to all properties in the M District:
A.
Lots of record in the M District that have lot areas or lot widths that are less than the minimum lot area or lot width requirements of the M District may be built upon without a variance in accordance with § 1303.1 of this chapter.
B.
Where existing nonconforming structures have less than the minimum five-foot side yard required in the M District, the minimum side yard required for the rehabilitation, remodeling or replacement of the existing nonconforming structure shall be zero feet.
C.
For properties located in blocks where the majority of buildings are two or more stories in height, any remodeling or replacement of an existing building in the same block shall be at least two stories or shall be designed so that the facade and roof line give the appearance of a two-story building.
D.
Any remodeling of an existing building facade facing Washington Avenue shall be of similar material and architectural design as the majority of buildings in the same block on the same side of the street. For new construction facing Washington Avenue, the proposed building shall match the floor elevations of the immediately adjacent existing buildings, and the placement, style and rhythm of windows and doors shall mirror existing buildings on immediately adjacent properties.
E.
The roof style and pitch of any proposed building or remodeled building in the M District shall match the roof styles and pitches of existing buildings in the same block on the same side of the street.
F.
Blank walls shall not be permitted along any exterior wall facing a street, parking area or sidewalk. Murals, if proposed, shall be subject to the requirements of § 1205.7 of this chapter.
G.
Off-street parking shall be required for all dwelling units located within the M District. The parking for dwelling units may be provided by shared parking in accordance with § 1013.1 or by providing off-site parking in accordance with § 903.28 of this chapter.
H.
Off-street parking for any authorized use in the M District, other than dwelling units, may be eligible for a parking exemption if the standards of § 1102.1 of this chapter are met.
I.
Shared parking for mixed uses on the same lot or within the same building is encouraged in the M District. Shared parking shall be subject to approval by the Zoning Hearing Board of a use by special exception in accordance with § 903.37 of this chapter.
J.
Buildings that front on Washington Avenue between Station Street and Hickman Street shall not be demolished to provide off-street parking between existing buildings.
K.
Any outdoor dining that is proposed on property in the M District shall comply with the provisions of § 903.38 and the requirements for approval of a conditional use.
L.
Unless located within the Baldwin Street - McLaughlin Run Road Neighborhood Overlay, dwelling units shall be located on the second floor or above or, if located on the first floor, shall be in a separate unit from the business and also in the rear of the building.
M.
Each dwelling unit shall have the minimum habitable floor area specified below based on the number of bedrooms:
Number of Bedrooms | Minimum Habitable Floor Area (square feet) | |
|---|---|---|
Efficiency | 400 | |
One | 550 | |
Two | 750 | |
Three or more | 750, plus 150 for each additional bedroom in excess of two bedrooms |
N.
Dwelling units in basements or accessory garages shall not be permitted.
O.
Each dwelling unit shall have a separate entrance that does not require passing through any area devoted to office or retail use.
P.
One parking space shall be provided for each dwelling unit. Shared parking for residential and commercial uses may be permitted, provided that the peak hour for each of the uses differs in accordance with the applicable table of this chapter.
Q.
If parking cannot be provided on the site, off-site parking spaces shall be further subject to the requirements of § 903.28.
R.
If parking for the dwelling unit is provided by an annual lease with the Parking Authority, failure to maintain said lease shall be a violation of this chapter and shall result in revocation of the certificate of occupancy for the dwelling unit.