Clairton City Zoning Code
ARTICLE V
Additional Requirements for Specific Uses
§ 337-36 Purpose.
The purpose of this article is to establish standards and policies for specific uses that are permitted by right, conditional use, or special exception in all districts that require particular considerations. These regulations will supplement general development standards by establishing uniform criteria for each use and are set forth to achieve compatibility with the principal uses permitted in a zoning district.
§ 337-37 Additional requirements in all districts.
The following uses shall meet the following additional requirements, in addition to all other applicable requirements. Where this article and another provision of this chapter apply to the exact same matter, the provision that is most restrictive upon development or use shall apply.
A.
Adult-oriented establishments.
(1)
All adult-oriented establishments shall be a stand-alone use situated on a lot having a minimum area of one acre.
(2)
No adult-oriented establishment shall be located within 500 feet of any residential zoning district, as measured from the property line to the residential zoning district line.
(3)
No adult-oriented establishment shall be located within 1,000 feet of any religious uses, educational uses, day-care facilities and recreational uses, as measured from the property line to the residential zoning district line.
(4)
No adult-oriented establishment shall be located within 1,000 feet of any existing adult-oriented establishment whether such use is situated in Clairton or otherwise, as measured from the property line.
(5)
A fifty-foot buffer yard shall be provided along the side and rear lot lines. If such buffer area does not include substantial mature trees that will be preserved, it shall include continuous screening by evergreen trees with an initial height of five feet.
(6)
No materials or merchandise of any kind offered for sale, rent, lease, or loan or for view upon the premises of an adult-oriented establishment shall be exhibited or displayed outside of a building or structure.
(7)
An adult-oriented establishment may be open for business only Monday through Saturday from 10:00 a.m. to 11:00 p.m., prevailing time. No adult-oriented establishment shall be open at any time on Sunday or on a legal holiday as set forth in the Act of May 31, 1893, P.L. 188, § 1, as amended, 44 P.S. § 11.
(8)
The following requirements pertaining to signs and other visual displays shall apply to each adult-oriented establishment:
(a)
The exterior of the building may include one wall sign or parallel sign identifying the name of the adult business or entertainment use, which shall not exceed 20 square feet in size.
(b)
Freestanding signs, banners, directional signs, illuminated signs, portable signs, roof signs, seasonal signs and billboards shall be prohibited on the property.
(c)
Window signs shall be limited to 25% of the total window area and shall not include any graphic or pictorial depiction of material related to specific sexual activities or anatomical areas.
(d)
Advertisements, displays or other promotional materials related to specific sexual activities or anatomical area shall not be shown or exhibited so as to be visible to the public from the exterior of the building.
(9)
It shall be a violation of this chapter if a person causes or permits the operation, establishment, or maintenance of more than one adult-oriented establishment in the same building, structure, or portion thereof, or the increase of floor areas of any adult-oriented establishment in any building, structure, or portion thereof containing another adult-oriented establishment.
D.
Assembly or finishing of products using materials.
E.
Auto body shop or repair garage.
(1)
In the MU-V District, the following shall apply:
(a)
A minimum lot size of 10,000 square feet is required.
(b)
A minimum buffer yard shall be provided as specified in § 337-31, although the Zoning Hearing Board may require additional screening from adjacent residential properties.
(c)
Such premises may be open for business only on Monday through Saturday from 7:00 a.m. to 7:00 p.m., local time.
G.
Beverage distributor.
(1)
In the CBD and MU-T Districts, a minimum lot size of 10,000 feet is required.
I.
Child day-care facilities, family day-care homes, group day-care homes, and day-care centers.
(1)
Child day-care facilities.
(a)
All child day-care facilities shall comply with all current Pennsylvania Department of Public Welfare (DPW) regulations, including those standards governing adequate indoor space, accessible outdoor play space and any applicable state or local building and firesafety codes.
(b)
No portion of a child day-care facility shall be located within a three-hundred-foot distance from any potentially hazardous land use or activity which could pose a threat to the safety and welfare of the children, staff and other occupants at the facility. Hazardous land uses or activities include, but shall not be limited to, gasoline service stations, heavy industrial operations, storage of flammable or high-pressure underground pipelines, truck or rail loading yards, etc.
(c)
The outdoor play space shall be completely enclosed by a safe and adequate fence or wall a minimum of four feet in height, unless a greater height is required by the governing body. Any outdoor play area potentially susceptible to encountering vehicles leaving the roadway, travel lanes, or accessways shall be protected by a barrier capable of preventing the vehicle from entering the play area. No portion of the outside play areas shall be less than 25 feet from a neighboring property line without the owner's written consent. Outdoor play shall be limited to the hours between dawn and dusk, prevailing local time.
(d)
Any addition or improvement to an existing residential structure or property for purposes of child day care shall preserve its residential character.
(e)
For properties utilizing an on-lot sewage disposal system, the applicant shall demonstrate that the system is properly sized to accommodate sewage flows from the registered or licensed capacity of the child day-care facility.
(2)
Family day-care homes.
(a)
All activities shall be conducted in an occupied, detached single-family residence.
(b)
Activities shall be limited to functions normally associated with the part-time tending of children and shall not include overnight lodging.
(c)
Family day-care homes must hold an approved and currently valid certificate of registration from the Department of Public Welfare (DPW).
(d)
One on-site dropoff space for clients shall be provided. An existing driveway or common parking lot space may be used as the dropoff area if it can be demonstrated that there is sufficient space available in the driveway that is not otherwise occupied or committed to safely accommodate a parked vehicle. If a driveway is used for the dropoff area and the proposed use fronts an arterial or major collector street, an on-site turnaround area shall be provided so that vehicles can exit the site driving forward. In cases where the existing driveway cannot function as a dropoff area, an on-site dropoff space shall be provided. The dropoff area shall conform to the municipal dimensional standards for residential parking spaces.
(3)
Group day-care homes.
(a)
All activities shall be conducted in an occupied, detached single-family residence.
(b)
Activities shall be limited to functions normally associated with the part-time tending of children and shall not include overnight lodging.
(c)
Group day-care homes must hold an approved and currently valid certificate of compliance from the DPW.
(d)
There shall be one additional on-site parking space provided for a nonresident employee above that required for the residential use. The parking space shall conform to the municipal dimensional standards for residential parking spaces.
(e)
An on-site dropoff area shall be provided with sufficient area to allow for the temporary parking of two vehicles. An existing driveway or common parking lot space may be used as the dropoff area if it can be demonstrated that there is sufficient space available in the driveway that is not otherwise occupied or committed to safely accommodate two parked vehicles. If a driveway is used for the dropoff area and the proposed use fronts an arterial or major collector street, an on-site turnaround area shall be provided so that vehicles can exit the site driving forward. In cases where the existing driveway cannot function as a dropoff area, two new on-site dropoff spaces shall be provided. The dropoff area shall conform to the municipal dimensional standards for residential parking spaces.
(4)
Day-care centers.
(a)
Day-care centers must hold an approved and currently valid certificate of compliance from the DPW.
(b)
Day-care centers shall not be conducted on residential premises. A day-care center, if sited on the premises of an operating community service facility or religious institution, shall be considered accessory to the principal use of the property concerned.
(c)
Activities shall be limited to functions normally associated with part-time tending of children and shall not include overnight or drop-in care.
(d)
A minimum of one on-site parking space shall be provided for each 300 square feet of floor area dedicated to child care.
(e)
A minimum of one safe dropoff space shall be provided for each 20 children that the facility is licensed to accommodate.
(f)
Whenever possible, the dropoff area shall be located immediately adjacent to the facility. The dropoff area should be designed in such a way that pedestrians do not cross vehicular traffic lanes in any parking area or driveway. The dropoff area may be designed either as a part of the on-site parking area or the required dropoff spaces may be designed as a part of driveway providing direct access to the day-care facility. When the dropoff area is incorporated into the on-site parking area, the parking spaces nearest to the facility shall be designated as dropoff spaces. When the dropoff area is incorporated into a driveway, the dropoff spaces shall be located within a vehicle turnout area 12 feet in width exclusive of the driveway through traffic lane(s).
(g)
A buffer yard, as defined in Article IV, General Regulations, of this chapter, shall be required when adjacent to residential uses.
(h)
All pedestrian pathways shall be adequately lit for safety and security if utilized during nondaylight hours. Specific areas for lighting are entranceways, pedestrian access to the outdoor play areas, sidewalks used in nondaylight hours, dropoff areas, merchandise delivery areas, and all parking lots.
(i)
When located in a multiuse building complex, day-care center entrances/exits shall provide direct access to the child-care center so that walking through other significant portions of the building is avoided.
J.
Clubs (includes bottle clubs and BYOB clubs, does not include "after hours" club).
(1)
Shall not be located on lots of less than 8,000 square feet and shall have yards of not less than 10 feet.
K.
Communications antennas.
(1)
Communications antennas may be mounted on an existing communication tower, public utility transmission tower, building or other structure.
(2)
Building-mounted communications antennas shall not be located on any single-family dwelling or multifamily dwelling.
(3)
Building-mounted communications antennas shall be permitted to exceed the height limitations of the applicable Zoning District by no more than 20 feet.
(4)
Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter unless documented that a greater size is necessary for proper functioning.
(5)
Directional or panel communications antennas shall not exceed five feet in height and three feet in width unless documented that a greater size is necessary for proper functioning.
(6)
The owner or operator of communications antennas shall be licensed by the Federal Communications Commission (FCC) to operate equipment utilizing such antennas.
(7)
Installation of a communications antenna shall require the issuance of a construction permit in compliance with all requirements of the Pennsylvania Uniform Construction Code.
(8)
Installation of communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
L.
Communication towers.
(1)
The applicant shall document that it is licensed, or has a lease with an entity licensed by the Federal Communications Commission (FCC) to operate a communications tower and, as applicable, associated communications antennas.
(2)
The applicant shall document that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(4)
Any applicant proposing construction of a new communications tower shall demonstrate to the satisfaction of the Zoning Hearing Board that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure or communications tower. A good faith effort shall require that all owners of potentially suitable structures within a 1/4 mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:
(a)
The proposed antennas and related equipment would exceed the structural capacity of the existing structure and reinforcement cannot be accomplished at a reasonable cost.
(b)
The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.
(c)
Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.
(d)
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standard established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(e)
A commercially reasonable agreement could not be reached with the owners of such structures.
(5)
A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot which meets the minimum lot size requirements for the Zoning District.
(6)
Recording of a plat of subdivision or land development shall not be required for a lease parcel on which a communications tower is proposed to be constructed, provided the communications equipment building is unmanned.
(7)
All proposed communications tower applications shall be accompanied by a detailed site plan showing at minimum the following items, which are required to be constructed prior to issuance of a certificate of occupancy for the communications tower and/or communications equipment building.
(a)
Improved access drive from the public street to the communications tower and communications equipment building a minimum of 15 feet in width.
(b)
Improved parking spaces for two vehicles.
(c)
The foundation and base of any communications tower shall be landscaped as to screen the foundation, base and communications equipment building from adjoining properties on all sides. Landscape screening shall be predominantly evergreen plant material, and of a type and size appropriate to the site conditions as determined by the City Council. All other unpaved portions of the lot or lease area shall be seeded to establish an appropriate lawn cover, which shall be perpetually mowed and maintained in accordance with applicable property maintenance requirements of the City of Clairton.
(d)
A security fence at least eight feet in height shall be erected around the site to limit accessibility by the general public.
(e)
All guy-wire anchors associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.
(8)
The maximum height of any communications tower shall be 100 feet; provided, however, that such height may be increased to 150 feet, if the required setbacks from adjoining property lines (not lease lines) are increased by one foot for each one foot of height in excess of 100 feet.
(9)
The foundation and base of any communications tower shall be set back from a property line (not lease line) adjacent to any residential use or district a distance of 100 feet and shall be set back from any other property line at least 50 feet.
(10)
The communications equipment building shall comply with the required yard and height requirements for an accessory building of the applicable zoning district.
M.
Drive-through facilities.
(1)
Drive-through facilities shall be permitted as an accessory use, subject to conditional use approval.
(2)
A site plan, drawn to scale, shall be provided as part of the application for a conditional use showing the following data:
(3)
Entries and/or exits to drive-through facilities shall be a minimum of 150 feet from the street center line of any intersection, or from another drive-through facility on the same side of the street, except within a shopping center. Shorter distances from road intersections may be approved if the Township Engineer determines that public safety and/or the efficiency of traffic circulation are not being compromised.
(4)
Drive-through aisles shall be a minimum 100 feet from the property line of any residential lot.
(5)
Pedestrian walkways shall not intersect the drive-through aisles.
(6)
Drive-through aisles shall have a minimum twelve-foot width on curves and a minimum eleven-foot width on straight sections.
(7)
Drive-through aisles shall provide sufficient stacking area behind the menu board to accommodate a minimum of 10 cars (approximately 200 feet). From the menu board to the pickup window, there shall be a minimum of two additional stacking spaces (approximately 40 feet).
(8)
No drive-through aisles shall exit directly into a public right-of-way. Aisles shall be integrated with the on-site circulation and shall merge with the driveway. There shall be provided one parking space for every two employees. A minimum of six parking spaces required.
(9)
Speakers at drive-throughs shall not be audible from adjacent residential uses. Sound-attenuation walls, landscaping or other mitigation measures may be required as necessary.
(10)
Drive-through uses shall be screened and landscaped in the following manner:
(a)
Drive-through aisles shall be separated from landscaping areas by a six-inch high, poured-in-place, concrete curb or other suitable protective device meeting City approval.
(b)
All service areas, restrooms, and ground-mounted mechanical equipment shall be screened from public view.
(c)
Landscaping shall screen drive-through aisles or stacking lanes from the public right-of-way and shall be used to minimize the visual impacts of reader-board signs and directional signs.
(11)
Menu board shall be a maximum of 30 square feet, with a maximum height of six feet, and shall face away from the street.
N.
Dwelling, conversion apartment.
(1)
Each dwelling unit shall contain a minimum of 400 square feet of habitable living area.
(2)
Each dwelling unit shall contain not fewer than one private bedroom and one additional habitable room in addition to private bath, sanitation and cooking facilities.
(3)
Fire and safety provisions shall be adequate to meet all applicable local and state requirements. Certification of compliance shall be presented from the local Fire Chief, Code Enforcement Officer, or an authorized representative thereof.
(4)
A maximum of three dwelling units shall be permitted in any single structure.
(5)
In the absence of public sewerage facilities, certification shall be obtained from the appropriate local authority that on-site sewage disposal facilities are adequate to serve the anticipated demands of the projected use.
O.
Dwelling, duplex.
(1)
Shall not be located on lots with a minimum lot width of less than 80 feet and shall have side yards of not less than 10 feet.
P.
Dwelling, multifamily.
(1)
Certification shall be provided from appropriate state and local authorities that sewage disposal facilities are adequate to serve the estimated demands of the projected development.
(2)
Fire and safety provisions shall meet all applicable state and local requirements. Certification shall be presented of such compliance from an authorized representative of the local Fire Department.
(3)
Approval of documentation shall be submitted by the prospective developer or owner of the property which relates to the potential effect of the project on utilities, recreation facilities, schools, public safety facilities and traffic impact.
(4)
Apartment buildings shall not exceed 24 dwelling units per structure, garden apartments shall not exceed 12 dwelling units per structure, and townhouses and row houses shall not exceed six dwelling units per structure.
(5)
A minimum of one square foot of usable open space shall be provided for each four feet of gross residential floor area but not less than 150 square feet of usable open space per dwelling unit. Usable open space may include common recreation areas and facilities accessible to more than one dwelling unit but shall not include areas reserved for off-street parking, vehicular circulation, utility spaces devoted to maintenance or support activities relating to the housing units.
R.
Freight terminals.
T.
Group homes.
(1)
Shall not be located on lots of less than 6,000 square feet, nor on lots having less than 400 square feet for every sleeping room or for every two beds, whichever is greater.
(2)
Such uses shall have side yards of not less than 10 feet.
(3)
Shall not be approved unless plans prepared by an architect or engineer are submitted which clearly indicate that adequate light, ventilation and fireproofing are provided and that the dwelling facility and its accommodations shall be functional and convenient with regard to the specified needs of the group to be housed in the facility.
(4)
Group homes shall be approved only after the Council has found that plans and programs for management of the group residence or facility are adequate and appropriate to the population to be housed and that adequate provisions have been made to assure the safety and welfare of the residents of the facility and of the adjacent neighborhood.
(5)
A group residential facility shall not include business or professional offices (other than incidental offices), business activities, fraternal or social clubs, hospitals, clinics or other such activities.
(6)
On-site parking facilities shall be provided at the ratio of one off-street space for every two full-time staff members, one additional space for every non-staff resident permitted by the sponsor to operate a motor vehicle, plus two additional spaces.
(7)
A license or certification shall be obtained from the Commonwealth of Pennsylvania or the county, if applicable, prior to the issuance of a certificate of occupancy. In the event that an appropriate licensing or certifying agency does not exist, the applicant shall demonstrate to the governing body that the proposal for establishing such a facility satisfies a demonstrated need and will be conducted in a responsible manner.
(8)
Such facilities require annual firesafety inspections, to be provided by the City.
U.
Heliports or helicopter pads.
(1)
Shall not be located on lots of less area than the minimum recommended by appropriate state and federal regulatory agencies, and the landing area shall be not less than 300 feet to any residential property.
V.
Home occupations.
(1)
Home occupations shall be permitted as a conditional use in all residential districts.
(2)
Any home occupation which involves an activity or operation that is construed as capable of adversely influencing surrounding residential uses through any of the following conditions shall be prohibited:
(a)
Changes the external residential character or appearance of the dwelling structure.
(b)
Is visible from surrounding properties or the adjacent street.
(c)
Generates more than four vehicle trips per hour during operating business hours of 8:00 a.m. to 8:00 p.m.
(d)
Creates hazards to persons or property.
(e)
Creates interference or a nuisance.
(f)
Involves the outside storage or display of materials or products.
(3)
One on-site nonilluminated identification sign not to exceed six square feet and vehicular signs shall be permitted.
(4)
No more than two persons other than the residents of the dwelling shall be employed in the conduct of the home occupation.
(5)
Off-street parking requirements for home occupations shall be provided on the immediate site and to the rear of the required front yard setback line. The number of off-street parking spaces required shall be determined by the type of use, as outlined in the Article VII off-street parking requirements of this chapter.
(6)
Any proposed home occupation may be submitted to the Planning Commission and City Council for consideration as a conditional use. All conditional use approvals recommended by the Planning Commission and approved by City Council shall be consistent with the requirements and intent of this subsection.
X.
Hotels/motels.
(1)
Shall provide a lot area of not less than 400 square feet per rental unit.
(2)
Shall provide at least one off-street parking space for each rental unit.
(3)
Related facilities such as restaurants, auditorium spaces, swim club areas and similar functions may be permitted. All such facilities available to other than hotel/motel guests shall require additional parking facilities defined in the off-street parking requirements and must meet all ordinance regulations.
Y.
Industrial uses.
(1)
In addition to the applicable requirements of this chapter, all industrial activities and uses permitted by right, special exception, and/or conditional use shall meet the standards of § 337-35 and comply with all regulations governing odors, fumes, dust, smoke, vibration, noise, sewage, industrial waste, fire hazards and any other of the activities and uses with side effects that are deemed injurious to the public health, safety and welfare by the United States Environmental Protection Agency (EPA), the Pennsylvania Department of Environmental Protection (DEP) and the Pennsylvania Department of Labor and Industry.
(2)
It shall be the responsibility of the applicant to provide the Zoning Officer with a complete listing of all state and federal regulations governing the proposed use and written compliance from the governing agency.
(3)
All industries are required to supply the County Emergency Management Agency and the Fire Department with all applicable MSDS sheets, emergency operations and evacuation plans.
Z.
Junkyards.[4]
(1)
Such premises shall at all times be maintained so as not to constitute a nuisance or menace to the health of the community or residents nearby or a place for the breeding of rodents and vermin.
(2)
Burning or incineration shall be prohibited.
(3)
No garbage, organic waste, rubbish, toxic materials and hazardous materials shall be stored for more than five consecutive business days on such premises.
(4)
Whenever any motor vehicle shall be received on such premises as junk, all gasoline, oil, antifreeze, transmission fluid, Freon and/or other toxic fluid or hazardous material shall be drained and/or removed from said vehicles and disposed of in a manner consistent with the applicable rules and regulations of the Pennsylvania Department of Environmental Protection (DEP).
(5)
Gasoline tanks shall be removed from all motor vehicles prior to recycling said vehicles.
(6)
The storage of any combustible materials, such as gasoline, oil or related items, shall be placed in fireproof containers and stored within fireproof sheds.
(7)
The manner of storage and arrangement of junk and the drainage on the site shall be such as to prevent the accumulation of stagnant water upon the premises. A stormwater drainage plan shall be required.
(8)
There shall be no stockpiling of motor vehicles or any junk piled higher than eight feet.
(9)
Fire lanes of a minimum width of 20 feet shall be provided for every 40 linear feet of junk, which shall be kept open and unobstructed for proper access for firefighting equipment and safety purposes.
(10)
Junk shall not be stored within 100 feet of any adjoining property line or nearer than 100 feet to any adjoining or abutting street.
(11)
All junkyards shall be completely screened from view on all sides by a buffer yard of a solid fence or stone wall with cork fitting, 10 feet in height with two staggered rows of evergreen trees planted in front of the fence with the spacing distance between trees not less than eight feet or greater than 10 feet. Said trees shall be not less than eight feet in height at the time of planting. The required fence shall be not closer than 10 feet to any property line. The buffer yard shall not be occupied by any building, parking, outdoor storage or any use other than open space and approved vegetative plantings.
(12)
Every structure erected upon the premises and used in connection therewith shall be of fireproof construction.
(13)
Such premises may be open for business or any work in connection with the storage, processing and transportation or removal of junk only on Monday through Saturday from 7:00 a.m. to 7:00 p.m., local time.
AA.
Liquid or gas fuel storage, bulk, for off-site distribution.
BB.
Mineral extraction and related processing/stockpiling/storage.
(1)
A detailed land reclamation and reuse plan of the area to be excavated shall be submitted with the zoning application for any new or expanded mineral extraction use.
(2)
After areas are used for mineral extraction, those areas shall be reclaimed in phases to a nonhazardous and environmentally sound state permitting some productive or beneficial future use.
(3)
A fifty-foot-wide yard covered by natural vegetative ground cover (except at approved driveway crossings) shall be required along all exterior lot lines that are within 200 feet of an area of excavation. The City Council may require this yard to include an earth berm with a minimum average height of six feet and an average of one shade tree for each 40 feet of distance along the lot lines. Such shade trees shall be planted outside of any berm and any fence. New trees shall not be required where preserved trees will serve the same purpose.
(4)
The following minimum setbacks shall apply for the excavated area of a mineral extraction use from property that is not owned by the owner or operator of the mineral extraction use:
(5)
The excavated area of a mineral extraction use shall be set back 100 feet from the average waterline of a perennial stream or the edge of a natural wetland of more than two acres.
(6)
The City Council may require secure fencing in locations where needed to protect public safety. Also, warning signs shall be placed around the outer edge of the use.
(7)
The City Council may reasonably limit the hours of operation of the use and of related trucking and blasting operations to protect the character of adjacent residential areas.
CC.
Mobile home parks.
(1)
Every mobile home located within a mobile home park shall:
(a)
Be placed on a permanent foundation, on a minimum foundation wall consisting of eight-inch concrete masonry unit construction, with anchor bolts spaced six feet on center to preclude movement of the unit under adverse wind loads. Alternate methods of anchorage may be accepted, as approved by the Code Enforcement Officer. Trailer hitch and wheel assemblies must be removed.
(b)
Have a permanent utility hookup with all utilities.
(c)
Have a minimum of 1,200 square feet of living space.
(d)
Be approved by the Pennsylvania Manufactured Home Association.
(e)
Be located on a minimum lot of 7,200 square feet.
(f)
Be provided with two off-street parking spaces to the rear of the mobile home on the lot.
(2)
For each mobile home lot in a mobile home park, front yard setbacks shall be a minimum of 15 feet, side yard two feet and rear yard a minimum of 10 feet, or in conformity with zoning requirements, whichever is more stringent.
(3)
Not less than 10% of the total land area in a mobile home park shall be provided for usable open space. Such space shall be located so as to be free of traffic hazards and should, where the topography permits, be centrally located and easily accessible to all park residents. Such open space shall protected with a vegetative growth that is capable of preventing soil erosion and the emanation of dust during dry weather.
DD.
Parking structures and surface parking lots.
(1)
A parking study shall be required that proves to the satisfaction of City Council that a parking structure or a surface parking lot (as a principal use) is necessary to provide adequate parking to support the businesses in the immediate neighborhood. The person who conducted the parking study shall be present at the conditional use hearing to testify that the study is accurate.
(2)
Pedestrian walkways shall be provided to connect the parking areas to the public right-of-way.
(3)
Adequate lighting shall be provided for all parking areas and pedestrian walkways.
(4)
Accessory parking for nonconforming uses or structures shall be permitted as a conditional use in the R-2 District if the following requirements are met:
(a)
The use or structure for which accessory parking is to be provided shall be nonconforming.
(b)
The nonconforming use or structure for which the accessory parking is to be provided must be located on the same lot as the nonconforming use or structure, except that such accessory parking use may also be provided on any lot which is separated solely from the lot of the nonconforming use or structure by a public right-of-way, and which lot is, in part, directly across from, and not diagonally or in any other direction from, the nonconforming use or structure. If the subject lot is located in any other position except directly across the public right-of-way from the nonconforming use or structure, such lot would not qualify for accessory parking hereunder.
(d)
Such accessory parking may only occupy what would otherwise be the buildable area of the lot, and such accessory parking must comply with all required yard areas or setback requirements of this chapter. Additionally, such accessory parking shall be limited to a lot size no greater than 7,200 square feet.
(e)
Said accessory parking shall be properly enclosed within an ornamental fence or wall or compact evergreen hedge, having a height of not less than four feet and not more than 4 1/2 feet. Such fence, wall or hedge shall be maintained in good condition.
(f)
Reasonable efforts shall be made to protect neighborhood amenities and secure compatibility of use with adjacent residential uses, in such matters as access and traffic movement, treatment of landscaping, planting and regulations of outdoor lights and signs.
(g)
The accessory parking area may not be used or open to the general public at hours other than the ordinary business hours of the nonconforming use or structure; must be solely restricted to the precise business of the nonconforming use or structure; and with the further restriction that accessory parking, in any event, may not be used except during the hours of 8:00 a.m. through 10:00 p.m. daily.
(h)
No structure shall be permitted on the same lot as the accessory parking, except for the ornamental fence, wall or evergreen hedge requirements specified hereunder.
EE.
Pet day care.
(1)
Must be located in a building on a lot having a minimum size of 10,000 square feet.
(2)
All pet day-care buildings and fenced exercise areas must be at least 50 feet from any neighboring property line.
(3)
Adequate screening shall be required when abutting any residential use.
(4)
Operating hours shall be limited to 7:00 a.m. to 7:00 p.m. No overnight accommodations.
(5)
General care of pets must be confined to inside of the building and under supervision.
(6)
Pets are permitted to be walked or exercised outside of the building only under supervision and in accordance with all other applicable ordinances and laws.
(7)
The exterior appearance of the building must be compatible with the appearance of neighboring properties.
FF.
Place of worship.
(1)
A minimum lot size of 1/2 acre shall be required in a residential district, unless a larger lot area is required by the applicable zoning district. In any other district, a place of worship shall meet the minimum lot area provided in Article III for that district.
(3)
Accessory uses shall be on the same lot as the primary religious use/place of worship and shall meet the following requirements:
(a)
Accessory uses shall meet area and bulk requirements of the zoning district in which they are located.
(b)
Accessory uses shall be set back a minimum of 20 feet from a residential use or district.
(c)
Outdoor play spaces shall be completely enclosed by a safe and adequate fence or wall a minimum of four feet in height, unless a greater height is required by the governing body. Any outdoor play area potentially susceptible to encountering vehicles leaving the roadway, travel lanes, or access ways shall be protected by a barrier capable of preventing the vehicle from entering the play area. Outdoor play shall be limited to the hours between dawn and dusk, prevailing local time.
GG.
Public/private utility buildings and structures, including substations.
(1)
Access and parking shall be provided only in relationship to the maintenance and servicing of such facilities.
(2)
A chain-link fence and locked gate eight feet in height shall surround the building or structures of such facilities.
(3)
Outside lighting shall be directed away from adjacent properties.
(4)
The location, design and operation of such facilities shall not adversely affect the character of any adjacent residential properties.
(5)
Shall not require routine trucking movements on local residential or substandard streets.
(6)
A buffer yard not less than 20 feet in depth and comprised of trees and/or shrubs designed to conceal such buildings or structures of such facilities shall be required.
JJ.
Retail store.
(1)
In the MU-V District, the following shall apply:
(a)
The lot shall have frontage on an arterial or collector street.
(2)
In the CBD, the following shall apply:
(a)
Blank walls shall not be permitted along any exterior wall facing a street, parking area, or walking area. Walls or portions of walls where windows have not been provided shall have architectural treatments that are similar to the front facade, including materials, colors, and details.
(b)
Upper-story windows of front facades shall not be boarded or covered and shall comprise a minimum of 35% window area in the facade above the ground floor and a maximum of 75%.
(c)
Building types shall be compatible to the historic architecture of the area in their massing and external treatment.
(d)
Retail stores over 7,000 square feet shall be developed in accordance with the following requirements:
[1]
Buildings shall attempt to maintain the horizontal rhythm of St. Clair Avenue and Miller Avenue facades by using a similar alignment of windows, floor spacing, cornices, awnings as well as other elements. This rhythm shall be achieved by aligning the top, middle, and base floors.
[2]
The massing of any facade should generally not exceed 50 feet maximum; massing variations every 30 feet or less is preferred.
[3]
Buildings shall have a three-foot-to-five-foot break in depth for every 50 feet of continuous facade. Such breaks may be met through the use of bay windows, porches, porticos, building extensions, towers, recessed doorways, and other architectural treatments.
KK.
Self-storage facilities.
LL.
Shopping center.
(1)
The primary vehicle route into and through the site should be directed away from the primary pedestrian routes into the main doors of the commercial uses.
(2)
The development shall consist of a harmonious selection of uses, and groupings of buildings, service and parking area, circulation and open spaces, planned and designed as an integrated unit in such manner as to constitute a safe, efficient and convenient retail shopping center or related planned business development.
(3)
The appropriate use of property adjacent to the shopping center or planned business development shall be safeguarded. Along each side or rear property line which directly abuts a residential or institutional use, a twenty-foot buffer yard shall be required, which shall include a suitable and uninterrupted coniferous planting screen not less than four feet in height nor 15 feet in width along each street line. A strip of the required front yard area not less than 10 feet in width, measured from the street line, shall be suitably landscaped except for necessary sidewalks and accessways and may include a wall not more than four feet in height.
(4)
No storage of materials, equipment or goods shall be permitted outside a building, and no merchandise shall be displayed on the exterior of a building, except in conformance with the following regulations.
(a)
Only merchandise intended for immediate sale shall be displayed on the sidewalk in front of any store. At least eight feet of sidewalk shall remain unobstructed for pedestrian use between the merchandise or display and the curb.
(b)
Any other area of a shopping center property proposed for storage or display purposes shall be subject to site plan approval by the City Planning Commission. All such areas shall be enclosed in a suitable fence or plant screen, located adjacent to the main building in such a manner as to prevent a view of the stored items from any adjacent property at ground level, and placed in such a manner as to control pedestrian and vehicular movement in the area.
(c)
Adequate provisions shall be made for safe and efficient pedestrian and vehicular traffic circulation within the boundaries of the shopping center. Such provisions shall include raised curbs or medial walkways which shall prohibit vehicles from straying from their designated circulation routes. Also, these walkways shall be suitably planted to help reinforce the proper routing of traffic and add to the overall appearance of the shopping center.
(d)
All access roads, parking area, service and other areas for vehicular use shall be paved with bituminous, concrete material or other hard surface material meeting specifications acceptable to the City Engineer.
(e)
The proposed development shall be served by public sewer and water facilities.
(f)
If the development of the shopping center is to be carried out in progressive stages, each stage shall be so planned that the foregoing requirements and the intent of this chapter shall be fully complied with at the completion of any stage. The initial stage of development shall comprise a minimum total ground floor area of 7,500 square feet, or a minimum of six permitted main uses.
MM.
Solar energy collection system.
(1)
The layout, design, and installation of solar energy collection systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), American Society for Testing and Materials (ASTM), or other similar certifying organizations and shall comply with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended,[5] and with all other applicable fire- and life-safety requirements. The manufacturer specifications shall be submitted as part of the application.
[5]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(2)
All on-site utility and transmission lines extending to and from solar energy collection systems shall be placed underground.
(3)
All solar energy collection systems shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way.
(4)
Solar energy collection systems mounted on the roof of any building shall be subject to the maximum height regulations specified within each zoning district.
(5)
The owner shall provide evidence in the form of stamped plans certified by a professional engineer that the roof is structurally sound.
(6)
All ground-mounted and freestanding solar collectors shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate.
(7)
A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.
(8)
For a building-mounted system installed on a sloped roof that faces the front yard, the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and the highest edge of the system.
(9)
Building-mounted systems mounted on a flat roof shall not be visible from the public right-of-way immediately adjacent to the property at ground level. System components can be screened with architectural treatments such as a building parapet walls or other screening or by setting the system back from the roof edge in such a way that it is not visible from the public right-of-way at ground level.
(10)
For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed three feet above the highest point of the roofline to which it is attached.
(11)
For a building-mounted system installed on a flat roof, the highest point of the system shall not exceed six feet above the roof to which it is attached.
(12)
The surface area of ground-mounted systems, regardless of the mounted angle of any portion of the system, is considered impervious surface and shall be calculated as part of the lot coverage limitations for the zoning district in which it is located.
(13)
No signage or graphic content may be displayed on the system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.
(14)
Vacation, abandonment and/or decommissioning of solar energy collection systems:
(a)
The solar energy collection system owner is required to notify the City immediately upon cessation or abandonment of the operation.
(b)
Discontinuation/abandonment is presumed when a solar system has been disconnected from the net metering grid for a period of six continuous months or has not produced electricity for a period of six months. The burden of proof in the presumption of discontinuation/abandonment shall be upon the City of Clairton.
(c)
The solar energy collection systems and all related equipment must be removed within 12 months of the date of discontinuation or abandonment or upon the determination of the useful life of the solar system.
(d)
For ground-mounted and building-mounted systems, removal includes removal of all structural and electrical parts of the ground- or building-mounted system and any associated facilities or equipment and removal of all net metering equipment.
(e)
If the owner fails to remove or repair the vacated, abandoned or decommissioned solar energy collection systems within the twelve-month period outlined above, the City reserves the right to enter the property, remove the system and charge the landowner and/or facility owner and operator for all costs and expenses, including reasonable attorney's fees, or pursue other legal action to have the system removed at the owner's expense.
(f)
Any unpaid costs resulting from the City's removal of a vacated, abandoned or decommissioned solar system shall constitute a lien upon the property against which the costs were charged. Each such lien may be continued, recorded and released in the manner provided by the general statutes for continuing, recording and releasing property tax liens.
(g)
At the time of issuance of the permit for the construction of the solar energy collection systems, the owner shall provide financial security in form and amount acceptable to the City to secure the expense of dismantling and removing said structures.
NN.
Solid waste transfer facility, solid waste landfill or solid waste-to-energy facility.
(1)
All solid waste storage, disposal, incineration or processing shall require a minimum lot size of 100,000 square feet.
(2)
All solid waste storage, disposal, incineration or processing shall be at least 100 feet from the following: public street right-of-way, exterior lot line, one-hundred-year floodplain, edge of a surface water body (including a water-filled quarry) or wetland of more than 1/2 acre in area.
(3)
All solid waste storage, disposal, incineration or processing shall be a minimum of 150 feet from any residential district, perennial creek, publicly owned park or any existing dwelling that the applicant does not have an agreement to purchase.
(4)
No burning or incineration shall occur, except within an approved waste-to-energy facility.
(5)
Any facility shall be operated in such a manner to prevent the attraction, harborage or breeding of insects, rodents or vectors.
(6)
Gates. Secure gates, fences, earth mounds and/or dense vegetation shall prevent unauthorized access.
(7)
Adequate means of emergency access shall be provided.
(8)
For a solid-waste-to-energy facility or solid waste transfer facility:
OO.
Swimming pool.
PP.
Treatment center (includes methadone treatment center).
(1)
The applicant shall provide a written description of all conditions (such as criminal parolees, alcohol addiction) that will cause persons to occupy the use during the life of the permit. Any future additions to this list shall require an additional conditional use approval.
(2)
The applicant shall prove to the satisfaction of the City Council that the use will involve adequate on-site supervision and security measures to protect public safety. If any applicable county, state, federal or professional association standards provide guidance on the type of supervision that is needed, the proposed supervision shall be compared to such standards.
(3)
The City Council may place conditions upon the use to protect public safety, such as conditions on the types of residents and security measures.
(4)
A methadone treatment center or other drug treatment center or a use involving housing of two or more persons required to register their place of residence under Megan's Law II[6] shall be set back a minimum of 500 feet from each of the following: a primary or secondary school, a park or playground, or child day-care facilities.
[6]
Editor's Note: See 42 Pa.C.S.A. § 9799.10 et seq.
QQ.
Temporary shelter.
(1)
A temporary shelter shall not be located within 800 feet of an existing temporary shelter.
(2)
Each temporary shelter shall meet the following requirements:
(a)
Proof of adequate supervision by people qualified by training and experience in the field for which the facility is intended shall be provided.
(b)
The facility must comply with all applicable fire, housing, building, property maintenance, and health codes, and all regulations pertaining to transient occupancy with respect to emergency lighting, smoke detectors, exit lights, and other safety devices.
(c)
Any food preparation, service, or distribution shall be licensed by the City and inspected by the Bureau of Health.
(d)
All services provided on site shall be contained within the structure and operated by a nonprofit, charitable, or for-profit organization.
(e)
The applicant for these facilities shall submit with its application a plan outlining in detail the management of the facility. This shall include information on personnel, supervision, hours of operation, services provided, rules and regulations, and any other information pertinent to the operation of the facility.
RR.
Uses for which no provision is made. Uses of the same general character as any of the uses authorized as permitted uses by right, conditional uses or special exception in the zoning district in which the property is located shall be allowed, if the City Council determines that the impact of the proposed use on the environment and adjacent streets and properties is equal to or less than any use specifically listed in the zoning district. In making such determination, the Council shall consider the following characteristics of the proposed use:
(1)
The number of employees.
(2)
The floor area of the building or gross area of the lot devoted to the proposed use.
(3)
The type of products, materials and equipment and/or processes involved in the proposed use.
(4)
The magnitude of walk-in trade.
(5)
The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of this chapter.
(6)
The proposed use shall comply with all applicable dimensional regulations of the zoning district in which it is located.
(7)
The proposed use shall comply with any applicable additional requirements for specific uses in this article for the most nearly comparable use by special exception or conditional use listed in the zoning district in which the use is proposed.
(8)
The proposed use shall be consistent with the purpose statement for the zoning district in which it is proposed and shall be consistent with the community development objectives of this chapter.
SS.
Warehouse and distribution facilities.
§ 337-38 Special exceptions and conditional uses.
Provisions for special exceptions and conditional uses:
B.
The proposed use shall be sited, oriented and landscaped so that the relationship of its building and grounds to adjacent buildings and properties does not impair health, safety or comfort and does not adversely affect values of adjacent property.
C.
The proposed use shall produce a total environmental effect which is consistent with and not harmful to the environment of the neighborhood.
D.
The proposed use shall organize vehicular access and parking to minimize conflicting traffic movement on adjacent streets.
E.
The proposed use shall promote the objectives of this chapter and shall be consistent with the Comprehensive Plan for the City of Clairton.
F.
No conditional or special exception use shall be approved if it:
(1)
Substantially increases traffic congestion along a street or creates a traffic safety hazard;
(2)
Creates an undue concentration of population;
(3)
Impairs an adequate supply of light and air to adjacent property;
(4)
Creates a significant threat to the public health or safety;
(5)
Is detrimental to the appropriate use of adjacent property through the generation of significant nuisances or hazards; and/or
(6)
Does not meet the requirements of this chapter.
G.
Persons with disabilities. After the City receives a complete written application, the Zoning Hearing Board shall grant a special exception allowing modifications to specific requirements of this chapter that the applicant proves to the satisfaction of the Zoning Hearing Board are required under applicable federal law to provide a "reasonable accommodation" to serve persons who the applicant proves have "disabilities" as defined in and protected by such laws.
(2)
If the applicant is requesting a reasonable accommodation under the United States Fair Housing Amendments Act of 1988 or the Americans with Disabilities Act, the applicant shall identify the disability which is protected by such statutes, the extent of the modification of the provisions of this chapter necessary for a reasonable accommodation, and the manner by which the reasonable accommodation requested may be removed when such person(s) with a protected disability no longer will be present on the property.
(3)
Any modification approved under this section may be limited to the time period during which the persons with disabilities occupy or utilize the premises.
H.
Expansions. An existing lawful use that is listed in the applicable zoning district as being a special exception or conditional use may be expanded for the same use as a by-right use if all of the following conditions are met:
(1)
The total building floor area of the use is not expanded by more than 25%;
(2)
The expansion is on the same lot;
(3)
The expansion shall be governed by the same conditions, if any, that were previously established by the Zoning Hearing Board or Council, as applicable; and
(4)
All other requirements of this chapter are met.