Canonsburg City Zoning Code
ARTICLE 5
Supplemental Regulations
§ 170-501 Applicability.
The requirements of this article supplement the requirements governing each zoning district and shall apply to all uses within all zoning districts.
§ 170-502 Performance standards.
The following performance standards shall apply to all authorized uses in all nonresidential zoning districts. All conditional uses and uses by special exception in all districts shall comply with the requirements of this section. In order to determine whether a proposed use will conform to the requirements of this chapter, the Borough Council or Zoning Hearing Board may require a qualified consultant to testify, whose cost for services shall be borne by the applicant.
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.
(1)
No operation or activity shall cause or create noise in excess of the sound levels prescribed below:
(a)
Residential districts. At no point beyond the boundary of any lot within these 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.
(b)
Commercial districts. At no point on or beyond the boundary of any lot within these 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.
(c)
Industrial districts. At no point on or beyond the boundary of any lot within these 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.
(2)
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.
(3)
The following uses or activities shall be exempted from the noise regulations:
(4)
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.
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 I (Odor Thresholds in Air), "Research on Chemical Odors: Part I - Odor Thresholds for 53 Commercial Chemicals," October 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 Ringlemann Chart issued by the U.S. Bureau of Mines; nor shall there be any emission at any point from any source which can cause damage to health, to animals or vegetation or other forms of property or which can cause excessive soiling at any point.
G.
Lighting and glare. All lighting devices shall be designed with shields, reflectors or refractor panels which direct and cut off light at a cut-off angle that is less than 60°. (See illustration in Appendix B.)[1]
(1)
No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light beyond its lot lines. In general, lighting fixtures that shield the reflector or lens or any high brightness surface from viewing angles above 60° from horizontal shall be utilized.
(2)
All outside lighting, including sign lighting, shall be directed in such a way as not to create a nuisance to any adjacent use and roadway. All luminaires and fixtures shall be equipped with a glare-shielding device, cutoff downward cast in the case of freestanding area lighting, approved by the Borough Engineer. The height of all luminaires must also be approved by the Borough Engineer. Intensity of outdoor lighting shall be limited within usable areas of a site (i.e., parking, walkways, etc.) to an average intensity at the ground of one footcandles with a maximum intensity at any given point on the ground of five footcandles, unless otherwise approved by the Borough Council.
(3)
The height of a luminaire shall be limited as follows:
(a)
In any residential district, the maximum height permitted shall be 20 feet.
(b)
In any other district, the maximum height shall be 25 feet, except where otherwise specified.
(c)
Ball diamonds, playing fields and tennis courts having a unique requirement for nighttime visibility may be exempted from Subsection G(3)(a) and (b) if, in the judgment of the Borough Council, their limited hours of operation and the location of the luminaires will adequately protect neighboring residential uses.
(d)
The Borough Council may further limit the height of luminaires when it is determined that proposed lighting may have a detrimental impact upon nearby properties.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
H.
Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties.
I.
Water pollution. Water pollution 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 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.
K.
Continuing enforcement.
(1)
The Zoning Officer shall investigate any purported violation of the performance standards and, subject to the approval of the 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.
(2)
If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance 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 occupancy permit for the facility or use.
§ 170-503 Buffer areas and landscaping.
A.
Buffer areas described. Buffer areas, as defined by this chapter, shall meet all of the following criteria. (See Appendix C for illustrations of buffer areas.)[1]
(1)
Buffer Area "A" shall contain two rows of plantings. Each row shall consist of a mixture of 30% deciduous and 70% evergreen plantings spaced within the row a minimum of 15 feet apart, measured from the vertical center lines of adjacent trees. The two rows shall be staggered in a manner which shall result in adjacent trees on two different rows being no more than 10 feet apart, measured from the vertical center lines of the trees. The depth of Buffer Area "A" shall be 35 feet as measured from the property line.
(2)
Buffer Area "B" shall contain one row of plantings which shall consist of a mixture of 30% deciduous and 70% evergreen spaced within the row a minimum of 10 feet apart, measured from the vertical center lines of adjacent trees. The depth of Buffer Area "B" shall be 25 feet as measured from the property line.
(3)
Buffer Area "C" shall be comprised of a continuous, compact evergreen hedge or line of evergreen trees that will grow together when mature and that are a minimum of six feet in height at the time of planting. The depth of Buffer Area "C" shall be 15 feet as measured from the property line.
(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 which constitutes the exterior boundary of the buffer area.
(5)
In the event that existing vegetation and/or existing topography provides screening which is adequate to meet the intent of the required buffer area to screen the buildings, activities and parking areas from adjoining residential properties, the 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 the Borough Council to guarantee that the existing topography and/or vegetation will not be disturbed or removed from the approved buffer area.
(6)
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, except when one of the uses is residential, the buffer area shall still be required.
(7)
Openings for driveways 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 this chapter.
(8)
No structures or uses shall be permitted in the required buffer area, other than active or passive recreation facilities and stormwater management facilities, provided the structures or uses do not interfere with the required plantings in the buffer area. 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.
B.
Buffer areas required. Buffer Areas "A", "B" and "C" listed above shall be required under the following circumstances:
(1)
Buffer Area "A."
(a)
Along all property lines in the OI Flex Office/Industrial District and the I-1 Industrial District where the property abuts a residential, mixed use or commercial zoning district.
(b)
Where the express standards and criteria for a specific use of this chapter specify that Buffer Area "A" is required.
C.
Conflict between buffer area and yard requirements. When the width of a required buffer area is in conflict with the minimum yard requirements, the greater distance shall apply. The buffer area planting requirement shall be adhered to regardless of the yard requirement.
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, provided 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 which encroaches on the required buffer area. The required buffer area shall apply on all other sides of the existing structure.
E.
Existing trees in buffer areas.
(1)
Where trees already exist within the required buffer area, these trees shall remain undisturbed, except that diseased or dead material may be removed. If it is determined that some healthy trees must be removed in conjunction with development, a written request to remove such trees must be submitted to the Borough, along with an explanation detailing the rationale for the request. These trees shall not be removed until the Borough has given written authorization permitting said removal. This permission will not be unreasonably denied; however, those who violate this section shall be subject to the maximum penalties authorized by this chapter.
(2)
When any trees, regardless of their physical condition, are removed, they shall be replaced by trees suitable to the environment. (See Appendix D for a suggested list of plant materials.)[2] All such replacement planting shall be in accordance with accepted conservation practices.
[2]
Editor's Note: Appendix D is included as an attachment to this chapter.
F.
Size of trees in required buffer areas.
(1)
Any existing trees within the required buffer area which are a minimum of four inches in diameter at diameter breast height (DBH) shall be preserved and shall count as a required tree within the buffer area. At no point, however, shall any existing trees and required trees be separated at a distance greater than the distance specified in the required buffer area.
(2)
All trees required to be planted 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 planted tree which tree 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.
G.
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.
H.
Stormwater management facilities in buffer areas. Stormwater management facilities and structures may be maintained within a buffer area, but the existence of such facilities or structures shall not be a basis for a failure to meet the planting requirements.
I.
Landscaping of open areas. All yard areas not utilized for parking facilities, driveways, gardens, the planting of trees or shrubs, flower, vegetable or herb beds 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 a November 1 through April 1 time period. In such case, the required sodding or seeding shall occur within two weeks of April 1.
J.
Additional landscaping specifications. Landscaping shall be provided in accordance with the following specifications:
(1)
Planting required in buffer areas shall not be substituted for any required planting mandated in this section.
(2)
A landscaping plan, with detailed drawings, shall be submitted with the preliminary application for approval of the land development plan required by Chapter 151, Subdivision and Land Development, and this landscaping plan shall contain and show the following information:
(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.
(c)
Any planting in excess of the requirements of this chapter.
(d)
Any existing trees or vegetation which are to be preserved, accurately identifying their relative location.
(e)
Any existing trees or vegetation which will be removed, accurately identifying their relative location.
(3)
Parking areas shall be landscaped in accordance with the following requirements:
(a)
In the event that a parking area containing 10 or more spaces is not already separated from property in an R Zoning District by a buffer area, then Buffer Area "C" shall be provided along any property line where the parking area adjoins property in an R Zoning District.
(b)
In a planned shopping center, if parking is located in a required front yard, the parking area shall be located at least 20 feet from the public street right-of-way. In all other land developments, if parking is located in a required front yard, the parking area shall be located at least 12 feet from the public street right-of-way. In all cases, the area between the street right-of-way and the parking area shall be landscaped with an earthen mound that is a minimum of two feet in height and a mix of landscaping materials from the List of Suggested Plant Materials in Appendix D,[3] including ground cover, trees and shrubs. The location of these landscaping materials shall not obstruct visibility for traffic entering or leaving the site and shall comply with the clear sight triangle requirements.
[3]
Editors Note: Appendix D is included as an attachment to this chapter.
(4)
In any nonresidential development, 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:
Building Footprint | Requirement |
|---|---|
1,000 square feet to 30,000 square feet | 1 tree for each 1,000 square feet of building footprint |
30,001 square feet to 75,000 square feet | A minimum of 30 trees plus 1 tree for each 3,000 square feet of building footprint in excess of 30,000 square feet |
Over 75,000 square feet | A minimum of 45 trees plus 1 tree for each 5,000 square feet of building footprint over 75,000 square feet |
* | sf = square feet |
NOTES: |
|---|
The required trees shall be planted in clusters on the site and shall be distributed throughout the site to enhance the green space on the site. The final location of the plantings shall be subject to approval by the Borough depending on the size of the site, the magnitude of the required buffer area and the amount of paving and building coverage proposed. |
(5)
In any development which contains single-family dwellings, duplexes, triplexes, fourplexes, or townhouses, 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 Dwellings | Required Trees |
|---|---|
First 25 dwelling units | 1 tree for each dwelling unit |
26 + dwelling units | 1 tree for each dwelling unit plus 1 tree for every 10 dwelling units |
The required trees shall be planted as front yard trees for each unit. Additional trees may be clustered in groups around the dwellings and shall not be located within any public street right-of-way or within any easements.
(6)
In any development that contains apartments, including garden and high-rise apartment buildings, 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 Dwelling Units | Required Trees |
|---|---|
First 10 dwelling units | 1 tree for each dwelling unit |
11 to 30 dwelling units | 10 trees plus 1 tree for every 5 dwelling units |
31 to 100 dwelling units | 15 trees plus 1 tree for every 10 dwelling units |
101 to 200 dwelling units | 25 trees plus 1 tree for every 15 dwelling units |
201+ dwelling units | 40 trees plus 1 tree for every 20 dwelling units |
The required trees shall be planted as front yard trees and planted throughout the grounds. No trees shall be planted within any public street right-of-way or within any easements.
(7)
All trees which are required to be planted as per the regulations 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 which tree shall be planted in accordance with accepted conservation practices.
(8)
In conjunction with the development of property for any use, the applicant shall show that the removal of any trees or natural vegetation is necessary for the imminent and orderly development of the property. Imminent development shall be considered to be development which is reasonably expected to commence, and for which there are realistic plans to commence, on a minimum eight hours per day, 40 hours per week basis (utilizing a five day on, two day off, standard work week basis) within 30 days of the removal of trees or vegetation and for which a land development plan and landscaping plan have been submitted and approved by the Borough.
(9)
Any existing trees which 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.
(10)
Following the completion of construction in any zoning district, all yard areas, including those on single-family lots, not utilized for structures, driveways, planting strips or parking facilities shall be seeded, sodded or landscaped within a reasonable period of time. The phrase "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 through April 1 time period. In such cases, the required seeding or sodding shall occur by April 15th.
K.
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.
§ 170-504 Visibility at intersections.
No object, including, without limitation, fences, 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 center line of any abutting street shall be temporarily or permanently placed, erected, installed or parked within the clear sight triangle required at the intersection of two streets or the intersection of a nonresidential driveway with a public street. The required clear sight triangle is illustrated in Appendix A.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
§ 170-505 Storage.
A.
Outdoor storage in commercial and industrial districts.
(1)
Except for nurseries, garden supply, building supply, custom crafting and similar businesses which require outside storage of products offered for sale, storage and display of materials outside a completely enclosed structure shall not be permitted. In the case of nurseries, garden supply, building supply, custom crafting and similar businesses, outside display and storage areas shall be completely enclosed by a security fence and shall be screened by an opaque fence or hedge which is at least six feet in height.
(2)
In the I-1 District, 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 which screens the storage area from public view from the street or adjacent residential property located at similar elevations within 500 feet of the property. If existing buildings do not screen the storage area from public view from the street or adjacent residential property located at similar elevations within 500 feet of the property, the area shall be screened by a hedge or opaque fence at least six feet in height.
B.
Refuse collection and waste disposal. The following shall apply to all nonresidential uses and multifamily residential uses:
(1)
All organic rubbish and discarded materials shall be placed in tight verminproof containers on the property and shall be secured in side or rear yards screened from public view by means of a solid-face fence or wall at least six feet in height.
(2)
Such fence or wall shall be constructed with materials architecturally similar to that of the principal structure.
(3)
Containers shall be emptied not less frequently than once a week.
(4)
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.
§ 170-506 Traffic impact study.
These regulations represent the minimum requirements and standards for preparation of a traffic impact study for any development, subdivision, expansion or change of use within the Borough. Also specified are the traffic level of service standards and minimum requirements that must be satisfied for future development impacts.
A.
Requirements. Any development, subdivision or expansion or change in use which will generate at least 200 vehicle trips per day shall be required to have a traffic impact study completed as part of the development. The estimated number of trips shall be determined by an analysis of similar uses through data collected by the Institute of Transportation Engineers (ITE) or through studies of similar uses acceptable to the Borough. When a traffic study is prepared for a subdivision that does not propose development of the lots, the traffic study must be updated at the time of land development to address the specific size of the development. The Borough may require a traffic study for developments or changes in use generating less than 200 vehicle trips per day in cases where known traffic deficiencies exist in the area of the proposed development or change in use. The Borough may waive the study requirements for an individual subdivision or development or change in use where said development or change in use was incorporated as part of a previous traffic impact study or studies by the Borough or other government agencies.
B.
Impact study contents and scope. Prior to collection of any data and preparation of any analyses for the traffic impact study, a meeting shall be convened with the Borough, the developer, the developer's transportation consultant/specialist and PennDOT, where applicable, to identify the specific project area and discuss the study's scope of work, including all assumptions to be used in the study (i.e., build-out year, phases of development, background traffic growth rate, etc.). At a minimum, the study shall include the following:
(1)
A description of the proposed development in terms of land use type and size.
(2)
An inventory an analysis of existing transportation and traffic conditions within the identified study area, including:
(a)
Roadway network and traffic control;
(b)
Existing traffic volumes during peak hours and trips per day;
(c)
Planned transportation improvements by other parties;
(d)
Intersection levels of services;
(e)
Roadway levels of service;
(f)
Other measures of roadway adequacy (i.e., lane widths, traffic signal/traffic control warrants, vehicle delay studies, length queues, etc.); and
(g)
Pedestrian/bicycle and public transit facilities.
(4)
An analysis of future traffic conditions in the study area, with and without the proposed development, including:
(a)
Future design year(s), including phases of development;
(b)
Intersection levels of service;
(c)
Roadway levels of service;
(d)
A pavement analysis of roadways projected to experience significant increases in peak hour and/or average daily traffic volumes; and
(e)
Other measures of roadway adequacy (i.e., lane widths, traffic signal/traffic control warrants, vehicle delay studies, length queues, etc.).
(5)
A description of projected levels of service and their compliance with standards for traffic capacity of roadways and intersections as outlined below.
(6)
A description of the proposed site plan, including an assessment of the:
(a)
On-site circulation plan showing parking locations and dimensions, access to loading areas and proposed interior circulation routes and traffic control; and
(b)
Driveway access plans showing the location of all existing driveways and new access intersections, including geometric conditions and proposed methods of traffic control.
(7)
A qualitative analysis of transportation demand management measures to be implemented for the purpose of facilitating alternative modes of travel. Analysis shall address public transit, pedestrian and bicycle traffic and other modes of transportation to be provided in the developments.
C.
Standards of traffic capacity and level of services. Roadways and intersections shall be designed for traffic capacity as specified below, unless approved otherwise by the Borough. All references to level of service shall be defined by the most recent edition of the Highway Capacity Manual, Special Report 209, published by the Transportation Research Board.
(1)
Level of service shall be determined for a future design year(s) coinciding with completion of the development and all applicable PennDOT requirements.
(2)
New unsignalized intersections or driveways shall be designed for level of service "C" or better for each traffic movement.
(3)
New signalized intersections shall be designed for level of service "C" or better.
(4)
Existing intersections impacted by development traffic shall maintain a minimum level of service "C."
(5)
Roadway sections shall be designed for a minimum level of service "C."
(6)
Sight distance at driveways and new intersections shall meet standards specified by PennDOT regulations.