Nothing in this chapter shall require any change in construction or use of any structure for which a zoning permit was lawfully issued prior to the effective date of this chapter or any amendment thereto, provided that construction has begun or a contract or contracts have been let pursuant to the permit issued prior to the effective date of this chapter or any amendment thereto.

However, any zoning permit which was issued subsequent to the first public hearing on this chapter, or any amendment thereto, but prior to the chapter's or amendment's effective date, shall be declared void at the time of adoption of this chapter, or any amendment thereto, if the structure or use does not conform to the provisions of this chapter, or any amendment, and if no construction has begun or contract(s) let.

Garage, carport, shed or building for domestic storage, or storage of a boat, trailer, camper or other recreational vehicle.

Child's playhouse, garden house, gazebo and private greenhouse.

Private residential swimming pool, tennis court or similar private recreational facility.

Fences, subject to the provisions of § 158-23.

Signs, subject to the provisions of § 158-24.

Off-street parking and loading areas, subject to the provisions of §§ 158-26 and 158-27.

Civil defense shelter for not more than two families.

Satellite dish antennas.

Storage of merchandise normally carried in stock on the same lot with a permitted retail, service or office use, unless such storage is excluded by the district regulations.

Storage of goods used in or produced by manufacturing activities, on the same lot or parcel of ground with such activities, unless such storage is excluded by the district regulations.

Employee restaurants and cafeterias when located in a permitted business or manufacturing building.

Outdoor storage or overnight parking of trucks or vans exceeding 7,000 pounds in gross vehicle weight or designated as Class III or above by the Pennsylvania Motor Vehicle Code,[1] or vehicles with dual rear wheels, or construction vehicles or equipment, or motor vehicles that do not have a current inspection sticker, shall be prohibited in R-1, R-2, R-3, CD and SD Districts. Construction vehicles or equipment may be parked on a lot while construction activity is proceeding, provided that a zoning permit has been duly granted for the construction activity.

Outdoor storage of equipment, supplies or other materials in commercial or industrial districts, except as specifically permitted by the district regulations of this chapter.

R-1, R-2, R-3 and CD Districts.

C-1, C-2 and I-1 Districts.

SD Districts. Location of accessory uses shall be the same as in the R-1 District, unless stated otherwise in the schedule of district regulations for an SD District. See § 158-19.

In all zoning districts, no part of any accessory structure shall be located closer than 10 feet to any principal structure on the same lot or any abutting lot, unless it is attached to or forms a part of such principal structure. No accessory structure shall be located closer than five feet to another accessory structure on an abutting lot.

Accessory structures and uses shall otherwise comply with the bulk regulations applicable in the district in which they are located.

All accessory structures and uses shall comply with the use limitations applicable in the zoning district in which they are located.

No accessory structure shall be constructed and occupied on any lot prior to the time of the completion of the construction of the principal structure to which it is accessory.

No accessory structure shall be used as a dwelling unit.

A zoning permit must be obtained from the Borough Zoning Officer for any new, expanded or altered accessory use or structure. The owner is responsible for maintaining the accessory use/structure in safe condition in accordance with all applicable regulations.

If the Zoning Officer finds that an accessory use or structure does not comply with this chapter, the Zoning Officer shall given written notice to the owner to repair or remove it in accordance with § 158-64.

Fences, walls, hedges or other planted screens may be erected in any yard.

Fences, walls, hedges or planted screens shall comply with the following height limits:

All fences must be located a minimum of 12 inches inside the lot line of located along a property boundary.

Fences located in front yards shall have at least 60% open area. Solid fences are permitted in side or rear yards. In all cases, the finished side of the fence shall face the abutting properties or street.

A retaining wall of any height may be erected along any property line where it is required to prevent a landslide or other hazardous conditions.

A fence, wall or screen cannot be erected in a public or dedicated right-of-way.

In any district, trees, shrubs and other planting are permitted in any front yard, provided that they do not block a clear sight distance for vehicular traffic as measured in Subsection B(2) below.

Authorized fences, walls and screens, whether publicly or privately owned, shall not obstruct the clear sight distances at street intersections. A clear sight triangle (§ 158-7, Definitions) shall be maintained, including the entire triangular area as measured 75 feet from the intersection center lines of street or driveway intersections.

Fences shall not contain barbs or similar types of injurious materials, unless specifically approved by the Planning Commission for security reasons.

A planted screen shall be at least four feet in depth and of sufficient density and type of planting material to provide a year-round visual barrier within three growing seasons of planting. The minimum height shall be four feet when initially planted and shall not exceed seven feet in height when fully grown, unless additional height otherwise is required by this chapter or the Borough Council.

Screening of off-street parking and loading areas shall be in accordance with § 158-26B.

Property owners shall be responsible for the continuing maintenance of all planted screens, including the replacement of dead vegetation.

A zoning permit must be obtained from the Zoning Officer for the erection of any fence, wall or screen. The property owner shall be responsible for the continuing maintenance of any fence, wall or screen.

If a fence, wall or screen is not maintained in a safe condition and in accordance with Borough regulations, the Zoning Officer shall give written notice to the owner to repair or remove the fence in accordance with § 158-64.

If more than 50% of the length of a fence, wall or screen is destroyed or deteriorated, then it must be removed or replaced within 15 days of receipt of written notice from the Zoning Officer.

The following signs are permitted in all zoning districts:

In R-1, R-2, or R-3 Districts, a multifamily development (with 10 or more units) or any authorized conditional use may have one principal identification sign subject to the following:

In C-1, C-2, I-1, CD or SD Districts, authorized uses are permitted identification signs which announce the services, purpose of the premises or products sold on the premises, subject to the following:

Billboards or outdoor advertising signs which are not related to the use of the property on which they are located shall be permitted only in I-1 Districts. Only one such sign shall be permitted per property or lot, and it shall not exceed 40 square feet in area and shall comply with the setback and height standards for I-1 Districts. No billboard shall be placed so as to face a lot on the same street with a church, public use or building, park, playground, scenic area or river frontage.

Rotating freestanding signs, swinging signs or signs projecting over a right-of-way are prohibited. Banners, pennants, searchlights, twirling signs, sandwich board signs, sidewalk or curb signs, balloons or other gas figures shall not be used on a permanent basis. Flags are prohibited, except as provided for in § 158-24E.

Signs that are animated or have flashing illumination are prohibited in all districts.

Illuminated signs shall be designed and placed so as not to interfere with, distract, confuse or blind operators of motor vehicles.

Floodlighting shall be placed so that it is not visible from any point off the lot and only the sign is directly illuminated.

No sign shall be attached to any tree or utility pole on public or private property.

No sign shall be erected upon or applied to any roof or project above the cornice line of a flat roof or above the gutter line of a sloped-roof building. No sign shall project beyond any property line except when the building frontage is on the property line. In this case, no portion of the sign may project within five feet of a vehicular right-of-way. No portion of the sign shall be less than eight feet above ground grade.

No freestanding sign shall obstruct safe, clear sight distance at any street or driveway intersection. No freestanding sign shall have more than two faces; sign areas stated in this chapter shall be the maximum for one face. All freestanding signs shall be set permanently in concrete to a depth of at least three feet.

Every authorized sign must be constructed of durable materials and maintained in good condition and repair, including the replacement of defective parts, painting, repainting, cleaning and maintenance of structural supports. Any sign over 60 square feet shall be constructed of noncombustible material.

If any sign becomes dilapidated to the point that it constitutes an unsightly or hazardous condition, then the Zoning Officer shall order it repaired or removed in accordance with the provisions of this chapter.

If a use ceases for a period of six months, all signs, including any supporting structures, must be removed. If the signs are not removed, the Zoning Officer shall notify the building owner, who shall have 15 days to remove the signs. In the event that the owner fails to comply with the order, the owner shall be considered in violation of this chapter and subject to the penalties contained herein.

The signs receive a permit from the Zoning Officer; the period of the permit shall not exceed 30 days.

Signs are located only on the premises where the special activity is taking place.

Signs do not exceed 20 square feet.

Signs are not animated or flashing, and any illumination for the signs does not create an unsafe condition for motorists or glare on surrounding properties.

All signs shall be removed within one week of the termination of the activity.

Signs for yard sales or family social functions shall not exceed five square feet in area and may be displayed two days prior to the event and must be removed by the day following the event. These signs must also comply with the requirements that apply to all signs as set forth in Subsection C of this section.

Flags or emblems of a government, philanthropic, educational or religious organization displayed on the property on which the use is located.

Signs placed by a governmental body, including traffic or directional devices, legal notice and warning, instructional or regulatory signs.

Signs for political candidates, provided that they are erected no more than six weeks before the election and removed within one week after election day.

Address numerals and other signs required to be maintained by law or governmental regulation, provided that the content and size of the sign does not exceed the requirements of such law or regulation.

Small signs, not exceeding five square feet in area, displayed on private property for the convenience of the public, such as signs to identify entrance and exit drives, parking areas, one-way drives, restrooms, freight entrances, no trespassing and the like.

Open parking. Open-air parking areas shall be located on a zoning lot in accordance with the provisions of the district regulations and the location of accessory uses (§ 158-22C).

Enclosed parking. Enclosed parking facilities containing off-street parking shall be subject to the area and bulk requirements applicable in the district in which they are located, unless otherwise specified in this chapter.

Location. All parking spaces required to serve structures or uses shall be located on the same zoning lot as the structure or use served or within 200 feet of a main entrance to the structure or use served for a multifamily dwelling or 500 feet for a nonresidential use. If parking is not to be provided on the same zoning lot as the use served, proof of ownership of the property where the parking is located must be submitted, along with appropriate deed restrictions guaranteeing the use of said property for parking as long as the principal use is in existence.

Design shall include:

Screening. All open off-street parking areas containing more than 15 parking spaces shall be effectively screened along all sides by a wall, fence or planting strip which shall be not less than three feet in height or three feet in depth. Parking areas shall be arranged and designed so as to prevent damage to, or intrusion into, such wall, fence or planting strip. Clear sight triangles, as defined by this chapter,[1] shall be maintained. Open parking areas for 50 or more cars shall be interspersed with landforms or other appropriate landscaping which shall not be less than three feet in depth.

Lighting. Any lighting used to illuminate off-street parking areas and driveways shall be directed away from residential properties or public streets in such a way as not to interfere with such uses. The lighting system shall furnish minimally an average of two footcandles during hours of operation.

Repair and service. No motor vehicle repair work or service of any kind shall be permitted in association with any off-street parking facilities.

Multiple-occupancy parking. Where a structure or use has multiple-occupants or uses, the off-street parking requirement shall be the cumulative total for the individual uses as set by Subsection C.

Joint use of parking spaces. When a number of different uses or businesses are proposed within a structure or unified complex of buildings, and when it can be demonstrated that one or more of such uses requires parking spaces at times other than normal business or operating hours for other uses and, therefore, could share parking spaces, the applicant may present a written report demonstrating that a maximum combination of all such uses will not require the total cumulative parking spaces required by this chapter. If, after review of this report, the Borough Council concurs, then the applicant shall be permitted to reduce the parking spaces provided in accordance with the joint-use plan approved by the Council.

Location. All required loading spaces or berths shall be located on the same lot as the use served, and no portion of the vehicle shall project into any traffic lane. All motor vehicle loading berths which abut or are adjacent to a residence district or use shall be completely screened therefrom by building walls, or a uniformly painted solid fence, wall, door, planted screen or any combination thereof, not less than six feet nor more than eight feet in height. No permitted or required loading space or berth shall be located within 30 feet of the nearest point of intersection of any two public streets or highways. No loading space or berth shall be located in a required front yard, and any loading space or berth located in a required rear yard shall be open to the sky.

Area. Unless otherwise specified, a required off-street loading space shall be 10 feet in width by at least 50 feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 16 feet. The required length may be reduced by 10 feet if the applicant certifies that the off-street loading use will only be single-unit trucks or smaller.

Access. Each required off-street loading space shall be designated with appropriate means of vehicular access to a street, highway or alley in a manner which will least interfere with traffic movement.

Surfacing. All open off-street loading shall be improved with a compacted select gravel base, not less than seven inches thick, surfaced with an all-weather, permanent material and shall be sloped to assure positive drainage to a storm inlet or drainageway.

Repair and service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with any off-street loading facilities.

Utilization. Space allocated for any off-street loading berth shall not be used to satisfy the space requirements for any off-street parking facilities or portions thereof.

Joint use of loading. Where a group of buildings in the same use on the same property exists, one building may be designated to receive and dispatch goods, provided that the total applicable floor area in all buildings on the property is aggregated in determining the total required loading spaces.

No one other than members of the family occupying the dwelling shall be employed.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants. Not more than 25% of the total floor area of the dwelling unit and any accessory structures combined shall be used in the conduct of the home occupation.

There shall be no change in the outside appearance of the building or premises, no addition made to the building specifically to accommodate the home occupation or other visible evidence of the conduct of such home occupation.

One sign, not exceeding one square foot in area, nonilluminated and mounted flush with the wall of the principal building, shall be permitted.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood. Off-street parking shall be provided in accordance with the requirements of § 158-26. Parking shall be located in a rear or side yard and must be screened from abutting residential properties by an evergreen hedge or fence not less than four feet nor more than seven feet in height.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.

There shall be no outdoor storage of equipment, materials or finished products related to the home occupation.

Nursery schools, dancing schools, exercise or health centers, day-care centers, unless specifically permitted by the district regulations.

Funeral homes.

Eating and drinking establishments.

Animal kennels, hospitals or veterinarian offices.

Tourist homes, rooming houses, family care homes or group care homes, unless specifically permitted by the district regulations.

Medical or dental clinic or hospitals.

Automobile, truck, bus or boat repairs or rental facilities.

Video game and amusement arcades.

Theaters and other entertainment and commercial recreation facilities.

Residential, conservation 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 60 dB(A)s for more than one hour per 24 hours.

Commercial and special development 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 dB(A)s for more than eight hours per 24 hours.

I-1 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 dB(A)s.

Miscellaneous noise regulations.

Vibration shall be measured at or beyond any adjacent lot line or residential district line as indicated in Table A below, and such measurements shall not exceed the particle velocities so designated. The instrument used for these measurements shall be a three-component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.

The maximum vibration is given as particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:

The maximum particle velocity shall be the vector sum of the three individual components recorded. Such particle velocity shall not exceed the values given in Table A. Where vibration is produced as discrete impulses and such impulses do not exceed a frequency of 100 per minute, then the values in Table A may be multiplied by two.

If, during the review of a zoning application, it appears that the proposed use or development may violate the performance standards contained in this section, the Zoning Officer may initiate an investigation and may require the applicant to submit such data and evidence as is needed to make an objective determination. The evidence may include such items as:

In order to determine compliance, the Zoning Officer may seek assistance from any county, state or federal agency having interest in or jurisdiction for the particular environmental issue. The Zoning Officer may also require the applicant to submit a report from a qualified technical expert, certifying that the proposed use does comply with the performance standard(s). The technical expert shall be a person or firm mutually acceptable to the Borough Council and applicant; in the event that agreement cannot be reached on the technical expert, the Borough Council shall make the selection. The cost of the expert's study and report shall be borne by the applicant. A negative report by the technical expert, as to the proposed use's compliance with the performance standard(s) and the applicant's refusal or inability to make alterations to ensure compliance, shall be a basis for denying approval of the zoning application.

The Zoning Officer shall investigate any purported violation of the performance standards and, if necessary, request that the Borough Council employ qualified experts to assist in the determination of a violation. The costs for the services of such experts shall be paid by the owner or operator of the facility accused of the violation.

If the facility is found to be in violation, the owner or operator shall be given a reasonable length of time to correct the violation. If, at the conclusion of this time period, the violation still exists and the Borough Council has agreed to no time extension, the owner or operator shall be in violation of this chapter and subject to the legal penalties and remedies contained herein.

Any landowner and any person engaged in the alteration or development of land which may affect stormwater runoff characteristics shall implement such measures as are reasonably necessary to prevent injury to health, safety or other property. Such measures shall include such actions as are required to:

If the development site is located within a watershed for which a stormwater management plan has been adopted, as required by the Pennsylvania Storm Water Management Act,[3] then any proposed stormwater control measures shall be consistent with the watershed plan. The control measures for an individual development or site shall be reviewed and approved by the Borough Engineer. All calculations of predevelopment and post-development stormwater runoff and storage requirements shall be done using the United States Soil Conservation Service Soil Cover Complex Method, as published in Technical Release TR-55.

The vehicular access to a proposed development shall be shown to be from streets adequate to carry the proposed traffic loads that will be generated by the development.

The Borough Council may require the applicant to submit a complete traffic analysis, prepared by a professional engineer who is experienced in traffic analysis and design, showing the probable traffic impact of development on the existing circulation system and proposing solutions to any identified problems.

Where a proposed development will require access permits from either the Borough, Allegheny County or PennDOT, written approval must be shown prior to issuance of the zoning permit.

If traffic control devices are determined necessary to ensure safe, efficient traffic flow, the applicant shall be responsible for the financing and construction of all such devices in accordance with applicable Borough and/or commonwealth standards.

No antenna or any part thereof shall be erected or placed within the required setbacks. One additional foot of setback will be required for every one foot of height over 30 feet.

No antenna shall be permitted in any front yard.

The antenna must be erected to comply with manufacturer requirements and accepted engineering standards.

The width of the base of the antenna shall be no more than five feet at ground level. At 30 feet (if not the top), the maximum width shall be three feet. At the top, the maximum width shall be 18 inches. All support devices shall, where possible, be guy wires or metal lattice. No sign or other structure, device or other item shall be placed on the antenna.

The antenna shall be securely anchored in a fixed location on the ground, and the applicant shall provide qualified documentary evidence that the proposed structure will withstand wind, ice, snow and other natural forces.

The antenna, or the yard area containing the antenna, shall be protected and secured to guarantee the safety of the general public. Fencing (which must comply with the applicable provisions of this chapter) or installation of anti-climbing safety devices will be required at a minimum to demonstrate compliance with this subsection. Associated supports and guy wires shall not be located within the required setbacks.

The applicant shall submit a site plan or survey of the location of the antenna.

Only one antenna is permitted per lot. The antenna must be an accessory structure.

The applicant will submit a copy of his or her FCC license. Any permit hereunder will automatically lapse if said license expires or lapses.

All lighting, other than that required by the Federal Aviation Administration (FAA), shall be shielded and reflected away from adjoining properties.

In granting the use, the Council may attach reasonable conditions warranted to protect the public health, safety and welfare, including but not limited to location, fencing, screening, increased setbacks, the use of a retractable antenna where the extended height of the antenna exceeds 70 feet and restrictions of the hours in which the antenna can be fully extended.

If the conditional use is approved, the height limitations in this section will not apply to the antenna. The height granted by the Council will be the minimum necessary to provide a reasonable accommodation to the applicant.

All permits granted under this section will automatically lapse if not used for six continuous months. In such a case, any portion of the antenna that has been erected will be removed within 30 days.

Antennas constructed pursuant to this section may not exceed 200 feet, and no amateur radio tower constructed in the Borough of Cheswick may exceed 200 feet.

The antenna may not be used for commercial purposes nor for transmission of commercial messages or other commercial communication.[1]

The antenna and use of the antenna may not be sold, leased, loaned, donated or otherwise conveyed to any individual, corporation, partnership or unincorporated association.