Chester Heights City Zoning Code
ARTICLE XVIII
General Regulations
§ 185-107 Nonconforming uses, structures and lots.
The following regulations shall apply to existing lawful buildings, lots and uses which do not conform to the provisions of this chapter or to the provisions of any subsequent amendment hereto:
A.
Nonconforming uses. Except as hereinafter provided in this article, the lawful use of a building on any land or premises existing at the time of the effective date of this chapter or of any subsequent amendment or at the time of a change in the Zoning Map, may be continued although such use does not conform to the provisions hereof or of any subsequent amendment.
(1)
A nonconforming use may be changed to another nonconforming use of the same or a higher class by grant or special exception only upon determination by the Zoning Hearing Board, that the proposed use will be at least as acceptable to its neighborhood and surroundings as the use it is to replace. In determining acceptability, the Zoning Hearing Board shall take into consideration, among other things, erosion and sedimentation control, ecological impact, traffic generation, nuisance characteristics such as emission of noise, odor, dust and smoke, fire hazards and the hours and manner of operation.
(2)
The nonconforming use of a building shall not be extended or enlarged nor shall a building housing a nonconforming use be extended or enlarged unless the Zoning Hearing Board shall, by special exception, authorize the extension of a nonconforming use throughout the building or the limited extension of a building on a lot. The Zoning Hearing Board may grant such special exception, provided that:
(a)
It finds that such extension is not materially detrimental to the character of the surrounding area or the interests of the Borough.
(b)
The area devoted to the nonconforming use shall in no case be increased by more than 50%.
(c)
Any extension of a building shall conform to the area, height and setback regulations of the district in which it is situated.
(d)
No more than one extension to a building housing a nonconforming use shall be granted.
(3)
Nonconforming buildings. A nonconforming building or structure housing or constituting a conforming use may continue and such a building or structure may be altered or extended if such alteration or extension does not increase the nonconformity of the structure with respect to the setback, land coverage and density requirements of this chapter or any subsequent amendments.
(4)
Cessation of use. Whenever a nonconforming use of land, building or any part or portion thereof has been discontinued for a period of six months, such nonconforming use shall not thereafter be reestablished and all future uses shall be in conformity with this chapter.
(5)
A nonconforming structure which has been damaged or destroyed by fire or other casualty may be reconstructed to its former dimensions and uses for the same purpose for which it was used before its damage or destruction, provided that such reconstruction shall be commenced within one year from the date of damage or destruction and shall be completed within one year thereafter.
§ 185-108 Use standards.
A.
No use shall:
(1)
Constitute any nuisance whatsoever beyond the boundary of the site on which the use is located by reason of dissemination of noxious, toxic, or corrosive fumes, smoke, odor or dust.
(2)
Result in noise or vibration exceeding the average intensity of noise or vibration occurring from other causes at the boundary line.
(3)
Endanger surrounding areas by reason of fire or explosion.
(4)
Produce objectionable heat, glare, or radiation beyond the property line.
(5)
Result in electrical disturbance in nearby residences, or adversely affect the operation of equipment other than on the property on which the disturbance is located.
(6)
Discharge any untreated sewage, or industrial waste into any stream, or otherwise contribute to the pollution of surface or underground waters.
(7)
Create any other objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the proper use of the surrounding area.
B.
Where requested by the Borough, an applicant for a proposed use shall demonstrate as a condition of approval that adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to insure that the proposed use will not be noxious, hazardous or offensive as defined above. If required, the applicant shall submit supplemental information, plans and impartial expert judgments, and the Borough may require the expert advice of official agencies or private consultants and such reasonable tests as are deemed necessary, the costs of which shall be borne by the applicant.
§ 185-109 Top soil stripping.
No person, firm or corporation shall strip, excavate or otherwise remove top soil for sale or for use other than on the premises from which such top soil is taken except in connection with the construction or alteration of a building on such premises and excavating or grading related thereto.
§ 185-110 Landfills.
The Borough of Chester Heights shall be the sole owner and operator of landfills. No landfill shall be permitted within the Borough unless it shall be owned and operated by the Borough of Chester Heights.
§ 185-110.1 Self-storage facilities.
[Added 9-13-2004 by Ord. No. 174]
Self-storage facilities: establishments providing facilities consisting of buildings, rooms, or secured area(s) within buildings with separate access for the on-site storage and removal of the personal property of others as tenants, licensees or lessees, with the following provisions.
A.
Self-storage facilities shall be permitted by conditional use in a Mobile Home Park Zoning District, provided that the self-storage facility complies with the following:
(1)
Access. Access to the self-storage facility shall be provided only from a state highway or roadway.
(2)
Security.
(a)
Residential living accommodations may provide for an on-site manager, watchman, staff or employee, who shall be present during regular business hours.
(b)
The self-storage facility shall be fenced for the entire perimeter of the lot. The fence shall be a decorative, black tubular steel or picket fence that provides security but does not exceed a height of eight feet.
(c)
Entry to the self-storage facility and any units thereof shall be secure and regulated such that entry and access may only be made by authorized tenants, licensees or lessees during regular business hours.
(d)
An on-site office shall be provided and staffed during regular business hours of 6:00 a.m. and 10:00 p.m.
(e)
Except as otherwise approved by conditional use approval of Borough Council, all storage shall be inside of a fully enclosed storage unit.
B.
Area regulations.
(1)
Lot area and width. Every lot shall have a minimum gross lot area of not less than five acres and shall be not less than 200 feet at the building line.
(2)
Front yard. There shall be a front yard of not less than 40 feet in depth.
(3)
Side yard. There shall be two side yards neither of which shall be less than 35 feet in width.
(4)
Rear yard. There shall be a rear yard which shall not be less than 100 feet.
(5)
Building area. Not more than 45% of the area of the lot may be occupied by buildings.
(6)
Lot area. Not more than 75% of the area of the lot may be covered by impervious surfaces.
C.
Height restrictions. No building or structure shall exceed 25 feet in height. Final height of all buildings and structures shall be as approved by conditional use approval of Borough Council.
D.
Landscaping.
(1)
Screening. As part of any required landscaped buffer, a completely planted visual barrier, or landscape screen, shall be provided between any self-storage facility and any contiguous residentially zoned district. This screen shall be composed of evergreen plants and trees arranged to form both a low-level and a high-level screen. The high-level screen shall consist of evergreen trees, specimens a minimum of eight feet tall and planted at intervals of not more than 10 feet. The low-level screen shall consist of evergreen shrubs or hedges planted at an initial height of not less than two feet and spaced at intervals of not more than five feet. The low-level screen shall be planted in alternating rows to produce a more effective barrier.
(2)
Landscaping. Any part or portion of the site which is not used for buildings, other structures, loading, parking spaces, aisles, or permitted storage shall be planted with an all-season ground cover and shall be landscaped with small trees and shrubs in accordance with an overall landscape plan.
(3)
Yard buffers. Front, rear and side yards shall contain landscape buffers as follows:
(a)
Front yard. The front yard shall contain a landscaped buffer of at least 30 feet in depth along the entire frontage of the lot except in the area(s) providing for access to the self-storage facility.
(b)
Side yard. Side yards shall contain a landscaped buffer of at least 20 feet in depth along the entire length of the side yard.
(c)
Rear yard. Rear yards shall contain a landscaped buffer of at least 30 feet in depth along the entire length of the rear yard.
(d)
All yards. The screening required under this section may be located within and as a part of the required landscaped yard buffers. Borough Council may require the installation of earthen berms, fences or similar buffer enhancements in the yard buffer areas.
E.
Stormwater management. Stormwater management shall comply with the provisions of the Chester Heights Borough Subdivision and Land Development Ordinance (SDLO).[1] Stormwater management facilities may be located within required yard setbacks and buffer areas and, when located in the buffer areas, shall be screened or landscaped as approved by Borough Council.
F.
Outdoor storage. Outdoor storage shall be prohibited excect as approved by conditional use approval of Borough Council.
G.
Vehicle, equipment, merchandise display/rental. No display, advertisement or rental of vehicles, equipment or merchandise shall be permitted.
H.
Parking. A minimum of four on-site parking spaces, including required handicap parking, shall be provided at the office. All nonhandicap parking spaces shall be 9 1/2 feet by 20 feet. Adequate provisions for parking shall be provided for each storage unit to allow for loading and unloading of the unit while not obstructing access to or from any other unit. Use of off-site parking is not permitted.
I.
Emergency facilities and services. Plans shall include proposed circulation, loading areas, aisle widths and building placement as approved by the Fire Marshal.
K.
Self-storage facility design. In addition to the regulations and standards set forth above, the self-storage facility shall be designed taking into consideration the physical features of the site and the general character of the Borough and the neighborhood in which the self-storage facility is proposed to be located.