Churchill City Zoning Code
ARTICLE IV
General Regulations
§ 304-18 Nonconforming uses.
The following provisions shall apply to all nonconforming uses:
A.
A nonconforming use may be continued, except that it shall not be extended, expanded or changed, unless to a conforming use, except when permitted as a special exception by the Zoning Hearing Board in accordance with the following:
B.
Any nonconforming structure damaged by fire, flood, explosion or other casualty may be reconstructed and used as before if such reconstruction is performed within 12 months of such casualty and if the restored structure has no greater coverage and contains no greater cubic content than before such casualty.
C.
In the event that a nonconforming use, conducted in a structure or otherwise, ceases, for whatever reason, for a period of one year or is abandoned for any period, such nonconforming use shall not be resumed.
§ 304-19 Accessory uses.
The following provisions shall apply to accessory uses:
A.
The exterior storage of not more than one motor vehicle which does not have a current inspection sticker shall be considered an accessory use, but two or more shall constitute an auto salvage business and shall not be permitted as an accessory use.
B.
Home office. The pursuit of vocational or avocational interests by a resident shall be permitted as an accessory use to a dwelling, provided that:
(1)
Such activity is clearly subordinate to the dwelling, does not occupy more than 25% of the floor area of one floor, does not entail internal or external alterations or construction features not customary in dwellings and there is no external evidence of any nonresidential activity.
(2)
In connection with which there is no display or sign other than a name plate, no mechanical equipment used other than normal domestic or household equipment, no facilities which are dangerous or incompatible with the residential environment, and no selling of a commodity or nonprofessional service on the premises.
(3)
In connection with a home office, not more than one assistant is employed and no colleagues or associates use such office.
(4)
One additional off-street parking space shall be provided for each 200 square feet of floor area devoted to such activity.
(5)
Reasonable safeguards are established against detrimental emission of smokes, fumes, odors, dust, noise, vibration, glaring light or visual blight or pollution of any kind.
(6)
Only one home office shall be permitted in each single-family dwelling.
(7)
Any home office permitted under this section must be customary and incidental to the residential use.
C.
Family day care of up to seven children at any one time is a permitted accessory use to a single-family dwelling.
D.
Swimming pools. Every private swimming pool shall be enclosed by a fence constituting a barrier to small children, four feet in height at all points and with a gate in said fence which shall be locked when the pool is not in use or under the supervision of the owner or other designated responsible person of the premises upon which it is installed. Private swimming pools of the aboveground type which have vertical walls of at least four feet from ground level and removable steps shall not be required to be fenced.
E.
Backyard chickens; chicken coops and chicken runs.
[Added 4-12-2021 by Ord. No. 759]
(1)
Backyard chicken permit required. No person may own, keep, or harbor any chickens or erect, alter, or relocate a chicken coop or chicken run within the Borough of Churchill without first obtaining a backyard chicken permit. An application for a backyard chicken permit shall be made in writing and on such forms as established by the Borough and shall be accompanied by the prescribed permit fee in an amount to be established by resolution of the Churchill Borough Council. The issuance of a backyard chicken permit shall not obviate the necessity for compliance with all other Borough ordinances.
(a)
The initial backyard chicken permit shall be valid for one year from the date of issuance. Renewal of the backyard chicken permit shall be required annually. The holder of the backyard chicken permit must request renewal, in writing, and pay any applicable renewal permit fees annually by the anniversary date of the original backyard chicken Permit issued by the Borough.
(b)
No backyard chicken permit, or permit renewal, may be denied, suspended, or revoked without written notice from the Borough Manager. The applicant or holder of the permit may appeal the decision in writing to the Borough Manager within 10 business days of their receipt of the notice. The applicant or holder of the permit will be given an opportunity to appeal the decision before the Borough Council. The decision of the Borough Council hearing the appeal, or any decision by the Borough Manager which is not appealed within 10 business days, shall be deemed final action.
(c)
Renters or nonowner-occupants that wish to keep chickens on property that they are renting must include written permission from the property owner or landlord that explicitly states that the renter has permission to own chickens on the subject property. Such written permission shall be supplied to the Borough as part of the backyard chicken permit application. The property owner or landlord shall be considered a co-applicant to the backyard chicken permit and shall be jointly and severally responsible for any violations of this section caused by the renter or occupant.
(2)
General health and safety regulations for the keeping of chickens.
(a)
Chickens may be kept for personal use and enjoyment only, as an accessory use by permit, subject to the issuance of a backyard chicken permit by the Borough of Churchill, only in the rear yards of single-family residential dwellings located in R-1, R-2, R-3 and R-4 Zoning Districts in the Borough of Churchill.
(b)
No holder of a backyard chicken permit shall keep more than four chickens. Roosters, other species of fowl and other farm animals are strictly prohibited on residential properties.
(c)
No person shall keep or harbor chickens in the Borough in a manner that creates an offensive odor, excessive noise, or unsanitary conditions, or disturbs neighboring residences or threatens public health.
(d)
Chickens shall not be permitted to run at large.
(e)
No person shall slaughter or butcher any chicken or sell any portion or product of chickens within the Borough of Churchill, including eggs.
(f)
It shall be unlawful for any person to spread or cause to be spread or deposited upon any ground or premises within the Borough of Churchill any chicken manure. However, chicken manure may be composted on the property where the chickens are housed and the fully composted material may then be applied to the property's gardens or yard.
(g)
Chickens shall be provided with access to clean feed and clean water at all times. All feed, water and other such items associated with the keeping of chickens shall be properly stored in solid sanitary covered metal containers so as to prevent the infestation of rats, mice or other rodents or vectors.
(h)
All chickens shall be afforded veterinary care and shall be vaccinated in accordance with veterinary recommendations. Ill or injured chickens must be removed from the chicken coop promptly and examined by a licensed veterinarian if they exhibit symptoms of illness or injury.
(i)
Physical abuse or neglect of chickens is prohibited and shall be considered a violation of this section.
(3)
Chicken coops and chicken runs.
(a)
Chickens coops and chicken runs shall be considered an accessory structure to be constructed and maintained upon the issuance of a backyard chicken permit.
(b)
Chicken coops and chicken runs shall be permitted to be constructed in the rear yard only of single-family residential dwellings located in R-1, R-2, R-3 and R-4 Zoning Districts in the Borough of Churchill. The chicken coop and chicken run must be located at least 25 feet away from all property lines.
(c)
All chickens must be kept in a chicken coop at night and during daylight hours chickens must have access to the outdoors via a chicken run. Chickens may also forage in a securely fenced enclosure located in the rear yard, only if supervised, so that they cannot stray or be attacked by predators. The chickens shall be protected and secured within the chicken coop during nondaylight hours.
(d)
Upon issuance of an initial backyard chicken permit and upon construction of the chicken coop and chicken run, the chicken coop and chicken run shall be subject to inspection by the Borough's Chicken Inspector. The chicken coop and chicken run shall also be inspected annually by the Chicken Inspector upon issuance of a backyard chicken permit renewal.
(e)
If the holder of the backyard chicken permit decides to no longer keep chickens for personal use and enjoyment, the chicken coop and chicken run shall be deconstructed and removed from the property within 12 months of the removal of the chickens.
(f)
Regulations for chicken coops.
[1]
Chicken coops shall be designed to provide safe and healthy living conditions for the chickens, including the provision of shade from the sun, suitable protection from inclement weather and extremes in temperature, and adequate ventilation at all times. The coop shall be kept in good repair and designed to allow easy access to clean and maintain a sanitary condition.
[2]
Chicken coops shall be enclosed on all sides and shall have a metal or shingled roof and lockable access doors for security. Openings, windows, and vents must be covered with vermin-, predator- and bird-proof wire mesh.
[3]
Materials used for making a coop shall be uniform for each element of the enclosure, such that the walls are made of the same material and the roof has the matching shingles or uniform metal covering.
[4]
Chicken coops shall be constructed to provide three square feet of indoor space per chicken and must allow sufficient roosting space for each chicken. At least one twelve-inch-by-twelve-inch nesting box shall be provided in the chicken coop for every two birds.
(g)
Regulations for chicken runs.
[1]
The chicken run shall be designed to provide safe and healthy living conditions for the chickens. It shall be kept in good repair and must be capable of being maintained in a clean and sanitary condition.
[2]
The chicken run shall be attached to the chicken coop and shall be built to accommodate a minimum of four square feet per chicken, and to allow sufficient space for chickens to flap their wings and move about freely. Chickens may also forage in a securely fenced enclosure located in the rear yard, only if supervised, so that they cannot stray or be attacked by predators.
[3]
The chicken run shall consist of a durable support structure with three walls and a roof covered with vermin, predator, and bird-proof wire mesh. A lockable door to the chicken run must be installed to allow for human access to the chicken run and for security.
[4]
The chicken run shall provide sufficient sun and air exposure to allow natural lighting for the chickens and to allow the ground to dry below the coop and run where the chickens are confined.
[5]
The chicken run shall be designed to prevent injury to the chickens.
[6]
The chicken run must include a stable ramp up into the chicken coop. The ramp should be covered with a slip-reducing surface to prevent injury to the chickens.
(4)
Violations. Any person found by the Borough Zoning Officer and/or Chicken Inspector to be keeping chickens in such a matter that is a nuisance to neighboring properties; is inhumane treatment of the chickens; has a chicken coop or chicken run that does not comply with this section; or has committed any other violation of any standard of this section, shall be subject to the following, in addition to the remedies and penalties set forth in Section 617.2 of the Pennsylvania Municipalities Planning Code:
(a)
First step: The person shall be issued a letter of warning from the Borough Zoning Officer, requiring the person to remedy the violation within 10 days and warning that enforcement action will commence within 10 days of the date of the letter if the violation is not remedied.
(b)
Second step: If the person fails to remedy the violation within 10 days of the letter of warning, the Borough may initiate an enforcement action and/or shall have the right to revoke the backyard chicken permit.
(c)
If the Borough is notified that chickens are being kept in a manner which rises to the level of animal cruelty, the Borough shall make a report of the suspected animal cruelty to a Humane Society Police Officer for Allegheny County, as designated by the Pennsylvania Department of Agriculture.
§ 304-20 Special exceptions.
The following uses may be authorized with such conditions as are deemed appropriate by the Zoning Hearing Board.
A.
Living quarters in an accessory structure as an accessory use to a single-family house to accommodate domestic employees of the residents of the principal structure.
B.
Temporary structures and trailers used in conjunction with construction work may be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued for no longer than a six-month period.
§ 304-21 Signs.
[Amended 5-8-2017 by Ord. No. 736]
Any sign hereafter erected, altered, relocated, remodeled, enlarged, or maintained shall comply with the provisions of this section, the Borough Building Code (Chapter 142), and any other applicable ordinances, statutes and regulations.
A.
A sign permit shall be obtained from the Zoning Officer prior to the erection, alteration, relocation remodeling of any sign, except as specified herein. An application for a sign permit must be filed with the Manager or the Manager's designee. The applicant shall provide sufficient information for the Borough to determine whether the proposed sign is permitted in accordance with this section.
B.
General regulations.
(1)
Prohibited signs. Except where explicitly permitted as temporary signs, the following types of signs are prohibited in all zoning districts:
(a)
Flashing or animated signs.
(b)
Signs painted directly onto a building or structure.
(c)
String pennants or banners.
(d)
Bare bulb, light strings or search lights.
(e)
Sandwich board signs.
(f)
Signs which by reason of color, shape, location, or other characteristics or signs that use admonitions such as "stop," "go," "slow," or "danger" which might be confused with legitimate traffic-control devices.
(g)
Signs affixed to vehicles when the primary purpose of the vehicle is for advertising, e.g., mobile billboards.
(2)
Exempt signs. The following types of signs shall be exempt from the regulations set forth in this section:
(a)
Signs erected by or on behalf of a governmental body, including but not limited to legal notices, identification and informational signs, signs or banners promoting a civic or educational cause or purpose and traffic, directional or regulatory signs.
(b)
Official signs of a noncommercial nature erected by public utilities.
(c)
Address or identification signs not exceeding two square feet and attached to a wall of the structure, indicating the address and occupants of the structure, a permitted home occupation, or in the case of a multiple occupancy structure, the name of the owner and/or management agency.
(d)
Temporary signs.
C.
Location/placement.
(1)
All signs shall be located on the same lot containing the use or structure to which the sign relates except for authorized billboards and off-lot directional signs.
(2)
No sign mounted on a building or roof shall project above the highest roof beams of a flat roof, or the mean level of the highest gable or slope of a hip roof.
(3)
No sign shall be attached to a utility pole or tree whether on private or public property unless specifically authorized by this section.
(4)
No sign shall obstruct in any way clear sight distances at intersections.
(5)
No sign shall be erected in or projecting over any public right-of-way unless specifically authorized by this section.
D.
Illumination.
(1)
Illuminated signs shall be designed and placed so as not to interfere with, distract, or blind operators of motor vehicles or to create glare on adjacent properties.
(2)
Signs may be illuminated in the following ways when permitted in the sign regulations for the zoning district.
(a)
Directly illuminated sign. A sign designed to give forth artificial light directly (or through a transparent or artificial material) from a source of light internal to the sign, including exposed lamp signs.
(b)
Indirectly illuminated sign. A sign with a light or lights external to the sign, such that the light shines on or illuminates the sign and in such a way that no direct rays therefrom are visible elsewhere on the property.
(c)
Neon tube illumination. A sign consisting of a light source supplied by a neon tube which is bent to form letters, symbols or other shapes.
E.
Design criteria. In order to encourage high quality and variety in design of permanent signs, particularly for commercial uses, the Zoning Officer will consider the following criteria:
(1)
It is legible in the circumstance in which it is seen.
(2)
It is appropriate to the specific building on which it is located, and compatible with surrounding uses, in terms of type, placement, size, color and lighting.
(3)
It does not cover or interrupt significant or traditional architectural features of the building on which it is located.
(4)
It complies with all specific requirements of this section.
F.
Double frontage, corner lots. Where a use fronts on more than one public street, it may locate one sign on each street frontage. Each sign shall comply with size and other applicable requirements. The permissible sign size for one frontage shall not be combined with that for the other frontage for the purpose of placing the combined sign area on one frontage.
G.
Double-face signs. In computing the square-foot area of a double-face sign, only one side shall be considered provided both faces are identical. If the interior angle formed by the two faces of the double-faced sign is greater than 45°, then both sides of such sign shall be considered in calculating the sign area.
H.
Materials and maintenance. Permanent signs shall be constructed of durable materials, maintained in good condition and repair and kept clean. If a sign deteriorates to an unsightly, unclean or hazardous condition, the Zoning Officer shall order it repaired, replaced or removed.
I.
Removal. If a use ceases operation for a period of two months, all signs, including any supporting structures, shall be removed. If the signs are not removed, the Zoning Officer shall order them removed.
J.
Multiple-occupancy buildings.
(1)
Where several businesses use or occupy a building, each business shall be entitled to a share of the building's allowable sign area, which share shall be equal to the proportionate amount of the floor area that the business occupies to gross floor area of the building.
(2)
In any commercial district, nameplates or similar identification signs, not exceeding five square feet in sign area, identifying building occupants may also be attached to a wall of the structure adjacent to the principal entrance or permanently painted or applied to a window in the door of the structure.
(3)
The owner/agent shall develop guidelines which promote the use of signs by individual occupants that are similar or compatible in terms of size, type, style, color, lighting and other design characteristics.
(4)
It shall be the responsibility of the owner or management agent of a multiple-occupancy building to provide all occupants with suitable sign space in accordance with the provisions of this section. Failure of the owner/agent to do so shall not constitute a basis for granting a variance to any sign requirements.
K.
L.
Commercial districts.
(1)
Authorized types of signs and maximum size.
(a)
One wall sign, not to exceed one square foot for every one foot of building frontage but not more than 32 square feet in sign area.
(b)
An awning or canopy sign.
(c)
A window graphic sign, not exceeding more than 20% of the total window area.
(d)
A freestanding sign, not to exceed six square feet in sign area, with maximum height of 55 inches, except as permitted in a shopping center, commercial campus/center or similar unified complex as described herein.
(e)
Incidental signs may be displayed in any window provided they do not cover more that 15% of the window's area.
(f)
Off-lot directional signs, not to exceed six square feet in sign area, with a maximum height of 55 inches, including post. Such signs may be erected on private property, subject to the approval of the property owner. If located along a public street, the location and spacing of such signs shall be approved by PennDOT, the county and/or Borough, as applicable.
(g)
On-lot directional signs displayed on private property, not exceeding six square feet in sign area or 55 inches in height per sign.
(2)
Illumination. Except as otherwise provided, signs in commercial districts may be illuminated in any manner authorized by this section.
(3)
Other requirements.
(a)
Unless otherwise allowed by this section, a single business establishment shall have no more than one principal identification sign.
(b)
A shopping center, commercial campus/center or similar unified complex may have one freestanding sign which identifies the name of the center or complex and/or individual business occupants, not to exceed 100 square feet. In addition, each business within the center or complex may have an identification sign which complies with the provisions of this section.
(c)
A freestanding sign shall only be authorized if:
[1]
The business fronts on a public street.
[2]
The principal structure is set back 20 feet or more from the street right-of-way.
[3]
The zoning lot has a frontage of 100 feet or more.
[4]
The sign is set back at least six feet from a street right-of-way and at five feet from any side lot line.
[5]
The sign does not exceed 55 inches in height (including sign and supporting structure) except as permitted in a shopping center, commercial campus/center or similar unified complex as described herein.
[6]
The sign is not located within 40 feet of another freestanding sign six square feet or more in sign area.
(d)
Wall signs shall be located in a continuous portion of a building facade unbroken by doors, windows or major architectural details. Typically, the signable wall area of a building will be the area between the lintel bar and the parapet of a one-story building or between the lintel and the floor level of the floor above in the cases of a multistory building. A wall sign which pertains to an establishment located above the first floor may extend as high as the window sill of the third story but no higher. Wall signs shall not project more than 12 inches from the building wall.
(e)
Signs shall only be placed on awnings or canopies which are made of canvas or canvas-like material, retractable and sloping rather than rounded. Such signs shall only be indirectly illuminated.
(f)
Bond. Prior to any sign being erected in a commercial district or for a commercial use, the property owner shall deposit with the Borough a cash bond in an amount equal to the estimated total cost to remove the sign. The property owner shall provide a written estimate, subject to the approval of the Borough, to establish the bond amount. The cash bond will be held by the Borough in a non-interest-bearing escrow account to ensure the timely and workmanlike removal of the sign upon the expiration of the use. The cash bond will be returned to the property owner upon removal of the sign after inspection and approval by the Borough.
M.
Billboards. Billboards are considered a principal use and shall be permitted as a special exception in commercial districts where the following criteria are met:
(1)
Size. The size of any one billboard shall be limited to a maximum sign area on one square foot for every foot of property frontage on the street right-of-way, but in no case shall exceed 250 square feet in sign area.
(2)
Regulations.
(a)
A sign structure shall contain no more than one billboard.
(b)
No billboard shall project above the ridge line of a sloping roof or the eave line of a flat roof, if attached to a building.
(c)
No billboard shall exceed 25 feet in height if freestanding, as measured at ground level at the base of the sign.
(d)
No billboard shall be closer than 500 feet to any other billboard, place of worship, school, recreational facility (public or nonprofit), residential district or located in such a way that the advertising face is visible from a residential district.
(e)
No billboard shall be painted directly on the wall of any building.
(f)
There shall be no more than one billboard structure placed on a lot.
(g)
No billboard shall be located within 100 feet of the nearest edge of any street right-of-way. Any billboard located along and visible from a highway which is designated as part of the federal interstate or primary aid system shall comply with state regulations for outdoor advertising signs and the applicant shall obtain the required permits from PennDOT.
(h)
All applications for the erection of a billboard shall be accompanied by evidence of property ownership or a lease or other permission from the landowner to erect the billboard.
(i)
Billboards may be illuminated subject to the following:
[1]
Flashing, moving, or intermittent lights are prohibited.
[2]
Lighting shall not cause glare or impair the vision of the driver of any motor vehicle or otherwise interfere with a driver's operation of a motor vehicle, nor shall it interfere with the effectiveness or obscure an official traffic sign, device or signal.
N.
Temporary signs.
(1)
No temporary sign shall encroach into the public right-of-way or obstruct the view of motorists in any required clear sight triangle.
(2)
One temporary sign may be located on a property when:
(a)
The owner consents and that property is being offered for sale or rent by the owner or through a licensed real estate agent; and
(b)
For a period of five days following the date on which a contract of sale or lease has been executed by a person purchasing or leasing the property.
(c)
The owner is opening the property to the public on a given day; provided, however, the owner may not use this type of sign in a residential district on more than six days in a year.
(3)
The sign face of any temporary sign, unless otherwise limited in this section, must not be larger than six square feet and not more than 72 inches from ground as measured from bottom of sign, including vertical post.
(4)
Temporary signs shall be set back at least 10 feet from any property line.
(5)
Billboards and other off-site commercial advertising shall not be permitted as a temporary sign.
§ 304-22 Off-street parking.
A.
Off-street parking spaces shall be provided in accordance with the specifications of this section whenever any new use is established or existing use is enlarged.
Use | Parking Spaces Required | |
|---|---|---|
Multifamily dwellings, one bedroom | 1 1/2 for each dwelling unit | |
Multifamily dwellings, two or more bedrooms | Two for each dwelling unit | |
Banks | One for each 250 square feet of gross floor area | |
Business services | One for each 250 square feet of gross floor area | |
Church | One for every four seats in the main meeting room | |
Light manufacturing spaces | One for each 500 square feet of gross floor area | |
Group housing/personal care | One for every three beds | |
Enclosed use not elsewhere classified | One for every 500 square feet of gross floor area | |
Exterior use not elsewhere classified | Two for every acre of land improved for public access | |
Funeral home | Eight for each reposing room, 24 minimum | |
Motels | One for every rental unit plus one per employee | |
Office, clinics | One for every 300 square feet of gross floor area | |
Retail stores | One for every 175 square feet of gross floor area | |
Church, school | One for every four seats in the largest meeting room | |
Single- and two-family dwelling | Two for each dwelling unit |
B.
No off-street parking space shall have an area fewer than 200 square feet exclusive of access drives.
C.
Any off-street parking lot shall be graded for appropriate drainage and surfaced so as to provide a durable and dustless surface. Continuous six-inch curbing shall be installed to assure safe and efficient flow of traffic, prevent encroachment onto required yards and direct stormwater, and such curbing shall be installed in compliance with an approved site plan. Parking aisle separators, sidewalks and landscape plantings shall be provided as required and approved by Borough Council. Parking perpendicular to the grade shall be permitted up to a grade of 5%; parking parallel to the grade shall be permitted up to a grade of 7%; no parking shall be permitted on a grade in excess of 7%.
D.
Any lighting used to illuminate an off-street parking lot shall be arranged so as to reflect light away from adjoining premises in any R District.
E.
Parking spaces suitable for the needs of the handicapped will be provided as approved on the site plan and signs, railings and ramps will be provided as appropriate to the site.
F.
Alternate parking. Borough Council Supervisors may require or approve alternate design standards for off-street parking in response to unusual conditions such as a clearly documented difference between expected parking load and required parking spaces, provided that any reduction in the number of required spaces so granted shall be offset by a reserved area for future installation of a like number of spaces to be so improved at the discretion of Borough Council.
G.
When determination of off-street parking results in a requirement of a fractional space, any fraction shall be counted as one parking space.
H.
Off-street parking spaces shall be located on the same development lot as the principal use or on an adjacent lot in the same development district.
§ 304-23 Performance standards.
Any use which constitutes a public nuisance or which does not comply with the requirements of this section is prohibited. In order to determine whether a proposed use will conform to the requirements of this chapter or is a public nuisance, the Borough Council may obtain a qualified consultant to testify whose cost for services shall be borne by the applicant.
A.
Fire protection. Fire prevention and fire-fighting equipment acceptable to the Board of Fire Underwriters Fire Official shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
B.
Electrical disturbances. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
C.
Noise. Noise which is determined to be objectionable because of volume, frequency or beat shall be muffled or otherwise controlled, except fire sirens and related apparatus used solely for public purposes shall be exempt from this requirement. Any standard set by an appropriate governmental agency shall be used as a guide.
D.
Vibrations. Vibrations detectable without instruments on neighboring property in any district shall be prohibited. This standard will apply as to its effect not only to neighboring properties, but to other occupied or unoccupied tenant space.
[Amended 6-12-2001]
E.
Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property. This standard will apply as to its effect not only to neighboring properties, but to other occupied or unoccupied tenant space.
[Amended 6-12-2001]
F.
Air pollution. No pollution of air by fly ash, dust, smoke, vapors, or other substance shall be permitted which is harmful to health, animals, vegetation or other property. This standard will apply as to its effect not only to neighboring properties, but to other occupied or unoccupied tenant space.
[Amended 6-12-2001]
G.
Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.
H.
Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties. This standard will apply as to its effect not only to neighboring properties, but to other occupied or unoccupied tenant space.
[Amended 6-12-2001]
I.
Water pollution. No water pollution as defined by the standards established by the Pennsylvania Department of Environmental Protection.
J.
Dumping. No refuse or other substances, such as pool water shall be disposed or discharged onto neighboring properties. This standard will apply as to its effect not only to neighboring properties, but to other occupied or unoccupied tenant space.
[Amended 6-12-2001]
§ 304-24 Site plan review.
No zoning permit shall be issued for any use upon any lot except a one-family home until a site development plan has been submitted, reviewed and approved in accordance with the following provisions. However, existing structures where the occupancy is being changed without any change in use category and where no new construction or addition to structures or change in the site are exempt from this requirement.
A.
The application shall consist of not fewer than seven copies of the letter of application together with not fewer than seven prints of each drawing submitted as part of the proposed site development plan. The proposed site development plan shall be drawn by a licensed architect, engineer, planner, surveyor or landscape architect in accordance with standard architectural and engineering practices to clearly, indicate the following:
(1)
Property lines and total acreage of the parcel proposed for development.
(2)
All existing streets, sidewalks, rights-of-way and easements related to the development.
(3)
The location of existing driveways on adjacent properties.
(4)
The location of relevant natural features including, but not limited to streams or other natural water courses and adjacent lands which are subject to flooding and significant stands of existing trees.
(5)
The location of existing structures, including structures located on abutting property if within 50 feet of the common property line.
(6)
Required front, side and rear yard lines and any required building line.
(7)
Contour lines at two-foot intervals where average slope is 10% or less and five foot intervals where average slope exceeds 10% and 20 foot intervals where average slope exceeds 25%.
(8)
Location, dimensions, total square footage and ground-floor elevations of proposed structures, walkways, driveways, entrances, parking facilities, loading spaces, landscaping, signs, lighting facilities, fences or walls, fire hydrants and fire lanes and other site improvements or amenities.
(9)
Contours and sufficient elevations to show proposed grading and data to show gradient of access drives, parking facilities and surface water runoff.
(10)
Location and approximate size of utilities to serve the development.
(11)
Schematic elevations at an appropriate architectural scale.
(12)
Surface water runoff controls.
(13)
Profiles of existing site and profile as changed by improvements.
(14)
Title block giving name of development, property owner, developer, north point, date and scale (minimum, one inch equals 50 feet).
(15)
Such other information as may be required by the Zoning Officer.
B.
Action shall be taken by Council, either approving or disapproving, within 65 days from the date of the regular Council meeting at which the site plan first appears as an agenda item. Failure of Council to so act shall be considered approval of the plan as submitted. Council may attach such conditions as they deem appropriate to approval. Approval may be conditioned upon the grant of a variance or of a special exception by the Zoning Hearing Board where such variance or special exception is required, but such conditional approval by Council shall not be binding on the Zoning Hearing Board, and the conditional approval shall be canceled if the requested variance or special exception is denied by the Board.
C.
Site plan approval shall not be official until and unless the site plan as approved by Council and including all conditions of approval by Council is filed with the Zoning Officer within 90 days of action by Council.
D.
Site plan approval shall be valid from a period of one year following Council action. If the proposed improvements are not under construction within one year or completed within two years, Council approval shall be void.
§ 304-25 Site development standards.
Council shall not approve a site development plan unless the following standards are met:
A.
Screening. A planted visual barrier or landscape screen shall be provided and maintained on any property in a commercial district which is contiguous to any residential district, except where natural or physical barriers exist which are deemed to provide an adequate buffer by the Planning Commission. This screen shall be composed of plants and trees arranged to form both a low-level and a high-level screen. The high-level screen shall consist of trees planted with specimens no younger than three years in age and planted at intervals of not more than ten feet. The low-level screen shall consist of shrubs or hedges planted at an initial height of not fewer than two feet, placed in alternating rows to produce a dense visual barrier. Any plant not surviving three years after planting shall be replaced.
B.
Storage. Any article or material stored temporarily outside an enclosed building as an incidental part of the primary commercial or industrial operation shall be so screened by opaque ornamental fencing, walls or evergreen planting, that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on ground level.
C.
Landscaping. Any part or portion of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover and shall be landscaped with trees and shrubs in accordance with an overall landscape plan and shall be in keeping with natural surroundings. Any off-street parking area with five or more spaces shall provide a landscaped perimeter for the parking area of not fewer than 5% of the parking area and not fewer than five feet in width, which shall be in addition to open area requirements of the district. At least one tree per five parking spaces, or portion thereof, shall be provided.
D.
Lighting. All parking areas, driveways and loading areas, entry ways and pedestrian paths shall be provided with a lighting system which shall furnish an average minimum of 0.5 footcandle within such areas during hours of operation. All lighting shall be completely shielded from traffic on any public right-of-way and from any residential district, and so that glare shall not exceed 0.25 footcandle when measured on any adjacent property.
E.
Interior circulation. The interior circulation of traffic in commercial areas shall be designated so that no driveway or access lane providing parking spaces shall be used as a through-street. If parking spaces are indicated by lines with angles other than 90°, then traffic lanes shall be restricted to one-way permitting head-in parking. No driveway or street used for interior circulation shall have traffic lanes fewer than 10 feet in width.
F.
Access. Areas provided for loading and unloading of delivery trucks and other vehicles and for the servicing of shops by refuse collection, fuel and other service vehicles shall be adequate in size and shall be so arranged that they may be used without blockage or interference with the use of public streets or sidewalks, other accessways or automobile parking facilities.
G.
Traffic control. No design shall be approved which is likely to create substantial pedestrian or vehicular traffic hazards endangering the public safety. Safety requirements which may be imposed in such a review shall include traffic control devices, acceleration and deceleration lanes, turning lanes, traffic and lane markings, walkways and signs. The developer shall be responsible for the construction of any such traffic control devices.
H.
Stormwater management. Adequate stormwater retention facilities shall be provided to ensure that stormwater runoff after development shall not be greater than the runoff which would occur from the site in its natural state during a storm with a twenty-five year probability.
§ 304-26 Environmental protection requirements.
The following provisions shall apply to all uses of land in all districts unless otherwise noted. Certain activities such as highway construction may be exempt from the following requirements, provided that such activities are controlled by other governmental environmental protection agencies and borough reviewing agencies are satisfied that the spirit and intent of this chapter is being met through the review processes, bonding requirements and administrative activities of the appropriate environmental protection agencies.
A.
Any person, partnership or corporation proposing to dump wastes or hazardous materials on any land within the Borough of Churchill must first obtain permits from the United States Environmental Protection Agency and appropriate Pennsylvania and Allegheny County agencies to certify that such wastes and materials are not hazardous to the health, safety and general welfare of the residents of the Borough of Churchill and the surrounding region.
§ 304-27 Woodlands, wetlands and steep slope protection.
Existing stands of mature woodlands, natural wetlands and steep slopes from 12% to 25% shall be developed so as to minimize adverse environmental effects, unnecessary grading and clearing. Land with slopes exceeding 25% shall be certified by a soils engineer as being safe for development before any plans shall be approved.