Coatesville City Zoning Code
ARTICLE XI
Regulations Applicable to All Districts
§ 224-47 Applicability of common regulations.
The provisions of this article represent regulations and standards which are common to all zoning districts. Unless exempted by applicable provisions or specified limitations, the following common regulations shall apply to all by-right uses and all uses permitted by special exception or conditional use.
§ 224-48 Lot area and yard requirements.
A.
Reduction of lot and yard area. No lot shall be reduced so that the area of the lot or the dimensions of the required yards and open spaces shall be less than herein specified.
B.
Space regulations. No required yard area or other space provided about any building or structure for the purpose of complying with this chapter shall be considered as a yard or other open space for another building or structure.
C.
Yard requirements.
(1)
Corner lots. A front yard as provided for in the lot area, bulk and coverage requirements for the various districts shall be required on each street on which a corner lot abuts.
(2)
Structures and uses. No structures or uses shall be permitted within required front yard areas except for driveways, sidewalks and any accessory uses or signs expressly permitted by this chapter. Where a minimum side yard is specified, no building or other structure shall be permitted within such width, except for permitted projections or accessory uses according to the following conditions:
(a)
A projection from a building, using such building for support but not being enclosed or part of the living area of such structure, may extend into the required yard not more than 15 feet, provided that no projection shall extend closer than five feet to any lot line. Such projections may include overhanging eaves, gutters, cornices, chimneys or patios on grade.
(b)
Accessory uses or structures within side yards shall be placed beyond the plane of the building which orients toward the rear yard or in any rear yard, provided that no structure, except for permitted fences or walls, is within five feet of any lot line.
(3)
Yard requirements exceptions. The yard of a proposed building in any district may be decreased in depth to the average alignment or setback of existing buildings within 100 feet on each side of the proposed building, provided that such calculation is limited to the same block. Such reduction may occur when the alignment or setback of existing buildings is less than the yard requirements for the applicable district.
D.
Height requirements exceptions. When granted by the City Council and the Fire Marshal, the maximum building height limitations established by this chapter may be exceeded by one foot for each foot of depth added to each side and rear yard beyond the minimum requirement. Building or structure height limitations within this chapter shall not apply to spires, agricultural uses, belfries, cupolas, domes, monuments, poles, chimneys, flagpoles, bulkheads, tanks and other necessary mechanical appurtenances, windmills, solar panels and other similar structures built above the roof and not devoted to human occupancy, provided that the minimum setback for each structure from any lot line is a distance equal to or greater than the proposed height.
§ 224-49 Nuisance standards.
In order to determine whether a use conforms to the requirements of this section, the City Council may obtain a qualified consultant, whose cost for services shall be borne by the owner or lessee of the property. When a new use is proposed, the City Council may also hire, at the cost of the applicant, a qualified consultant to testify as to whether the proposed use conforms with the requirements of this section.
A.
Noise.
(1) CONTINUOUS SOUND IMPULSIVE SOUND NORMAL RESIDENTIAL ACTIVITIES LAND USE
Terminology. All technical terminology not defined below shall be defined in accordance with applicable publications of the American National Standard Institute, Acoustical Terminology, ANSI [S1.1-1960] (R1971) with its latest approved revisions.
Any sound which is steady state, fluctuating or intermittent with a recurrence greater than one time in any one-hour interval.
Sound of short duration, with an abrupt onset and rapid decay and an occurrence of not more than one time in any one-hour interval.
Any sound which is generated as a result of an owner or occupier of a residence exercising his normal and usual right to enjoy, maintain, repair or improve said residence or the real property upon which the residence is located.
The actual real use of land and buildings regardless of the zoning or other classification attributed to such land and buildings.
(2)
Standards. For the purpose of measuring sound in accordance with the applicable provisions of these regulations, test equipment methods and procedures shall conform to the standards as published by the American National Standard Institute (ANSI, Standard Specification for Sound Level Meters, S1.4-1971 and ANSI S1.13-1971, Standard Methods for the Measurement of Sound Pressure Levels) with its latest revisions.
(3)
Sound levels by receiving land use.
(a)
No person shall operate or cause to be operated within the City any source of continuous sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use when measured at or beyond the property boundary of the receiving land use, during the times specified in the Table of Continuous Sound Levels by Receiving Land Use below.
(b)
Continuous sound levels by receiving land use shall be as follows:
Continuous Sound Levels by Receiving Land Use |
Receiving Land Use Category | Time | Sound Level Limit (dBA) |
|---|---|---|
Residential, public space, open space or institutional | 7:00 a.m. to 10:00 p.m. | 55 |
10:00 p.m. to 7:00 a.m. plus Sundays and legal holidays | 50 | |
Commercial or business | 7:00 a.m. to 10:00 p.m. | 65 |
10:00 p.m. to 7:00 a.m. plus Sundays and legal holidays | 60 | |
Industrial | At all times | 70 |
(4)
Impulsive sounds.
(a)
For any source of sound which emits an impulsive sound, the excursions of sound-pressure level shall not exceed 20 dBA over the maximum sound level limits set forth in the Table of Continuous Sound Levels by Receiving Land Use between the hours of 7:00 a.m. and 10:00 p.m., and in no case shall they exceed 80 dBA, regardless of receiving land use, using the fast meter characteristics of a Type II meter, meeting the American National Standard Institute specification S1.4-1971.
(b)
In no case shall impulsive sounds exceed the sound-level limits established in the Table of Continuous Sound Levels by Receiving Land Use between the hours of 10:00 p.m. and 7:00 a.m.
(5)
Exceptions. The maximum permissible sound levels by receiving land use established in Subsection A(3) above shall not apply to the following noise sources:
(a)
The emission of sound for the purpose of alerting persons to the existence of an emergency.
(b)
Work to provide electricity, water or other public utilities when public health or safety are involved.
(c)
Normal residential activities.
(d)
Motor vehicle operations on public streets (regulated by Pennsylvania Department of Transportation regulations, Title 67, Chapter 450, governing established sound levels).
(e)
Public celebrations specifically authorized by the City.
B.
Odors.
(1)
There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at lot boundary lines.
(2)
Any process which involves the creation or emission of any odors shall be provided with a secondary safeguard system so that control shall be maintained if the primary safeguard system should fail.
(3)
In case of doubt concerning the character of odors emitted, the fifty-percent response level of Table I (Odor Thresholds in Air), Research on Chemical Odors: Part I — Odor Thresholds for 53 Commercial Chemicals, October 1968, or as amended, Manufacturing Chemists' Association, Inc., Washington, D.C., shall be the maximum odor permitted.
C.
Glare or heat.
(1)
Any operation producing an intense glare or heat shall be performed within an enclosed building or behind a solid fence in such manner as to be completely imperceptible from any point along the lot lines.
(2)
In general, lighting fixtures that shield the reflector or lens or any high-brightness surface from viewing angles above 60º from horizontal shall be utilized.
D.
Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or at any point beyond the lot lines; nor shall any vibration produced exceed 0.002g peak measured at or beyond the lot line using either seismic or electronic vibration-measuring equipment.
E.
Radioactivity. There shall be no activities which emit dangerous radioactivity at any point. No operation involving radiation hazards shall be conducted which violates the regulations and standards established in Title 10, Part 20, Code of Federal Regulations, Standards for Protection Against Radiation, in its latest revised form.
F.
Electrical and electromagnetic interference.
(1)
There shall be no electrical disturbance affecting the operation at any point of any equipment other than that of the creator of such disturbance.
(2)
No use, activity or process shall be conducted which produces electromagnetic interference with normal radio or television reception from off the premises where the activity is conducted.
G.
Air pollution: smoke, particulate matter, fumes, vapor and gases. All uses shall comply with the standards of the Air Pollution Control Act, 35 P.S. §§ 4001 through 4015, as amended, and the following standards:
(1)
Hazardous air emission. All emissions shall comply with National Emission Standards for Hazardous Air Pollutants, promulgated by the United States Environmental Protection Agency under the Federal Clean Air Act (42 U.S.C. § 7412) as promulgated in 40 CFR 61 or its most recent update.
(2)
Particulate, vaporous and gaseous emissions.
(a)
No person shall cause, suffer or permit the emission of escaped particulate, vaporous or gaseous matter from any source in such a manner that the emission is visible or detectable outside the property of the person where the source is being generated.
(b)
No emission shall be made which can cause any damage to health, to animals or vegetation or other forms of property or which can cause any excessive soiling at any point.
(3)
Visible smoke emissions. Visible air contaminants shall not be emitted in such a manner that the opacity of the emissions is equal or greater than 20% for a period or periods aggregating more than three minutes in any one hour or equal to or greater than 60% at any one time and shall comply with 25 Pa. Code § 127A(7) or its most recent update.
H.
Safety and construction requirements for electrical, diesel, gas or other power installations. Every use requiring power shall be so operated that the service lines, substation, etc., shall conform to the most acceptable safety standards recognized by the Pennsylvania Bureau of Labor and Industry and shall be constructed, installed, etc., so as to be an integral part of the architectural features of the plant or, if visible from abutting residential properties, shall be screened in accordance with § 224-51 of this chapter.
I.
Fire and explosive hazards. All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety and fire-fighting devices and shall meet the applicable fire and safety codes of the City of Coatesville.
J.
Outdoor storage and waste disposal.
(1)
No flammable or explosive liquids, solids or gases shall be stored in bulk above the ground; provided, however, that tanks or drums of fuel directly connecting with energy devices or heating appliances located on the same lot as the tanks or drums of fuel are excluded from this provision.
(2)
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation or which will destroy aquatic life be allowed to enter any stream or watercourse.
(3)
All outdoor storage facilities for fuel, raw materials and products stored outdoors shall be enclosed by an approved safety fence adequate to conceal the facilities from any adjacent public highway and residential or recreational use.
(4)
All materials or wastes which might constitute a fire hazard or which may be edible or attractive to rodents or insects shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards.
K.
Industrial waste or sewage. No use shall be conducted in such a way as to discharge any untreated sewage or industrial waste into any stream. All methods of sewage or industrial waste treatment and disposal shall be approved by the Chester County Department of Health and the Pennsylvania Department of Environmental Protection.
[Amended 3-25-1996 by Ord. No. 1012-96]
L.
Provision and use of water. All water requirements shall be reviewed and approved by the City of Coatesville Water Authority. All industrial requirements shall be filled by the municipal water system.
§ 224-50 Outdoor lighting.
A.
Purpose. The outdoor lighting provisions of this section serve the following purposes:
(1)
The provision of adequate lighting of outdoor public places where safety and security are needed.
(2)
The protection of drivers and pedestrians from nonvehicular light sources that shine directly into their eyes, creating disabling glare.
(3)
The protection of neighbors from improperly directed light sources that create a nuisance glare.
B.
Applicability.
(1)
Outdoor lighting shall be required for safety and personal security in areas of public assembly, public walkways and streets, parking facilities with five or more spaces, multiple-family residences and commercial, industrial, institutional and municipal uses when in operation during hours of darkness.
(2)
The City Council may require lighting for other uses or locations as deemed necessary for public safety and security.
(3)
The glare-control requirements of this chapter shall apply to all uses, including residential.
C.
Criteria.
(1)
Illumination levels. Illumination, where required by this chapter, shall have intensities and uniformity ratios in accordance with the Table of Illumination Intensity and Uniformity Requirements below or the most current recommended practices of the Illuminating Engineering Society of North America:
Illumination Intensity and Uniformity Requirements |
Activity | Average Maintained Footcandles | Uniformity Ratio (avg:min) |
|---|---|---|
Roadways | ||
Residential | 0.4 | 6:1 |
Commercial | 0.9 | 6:1 |
Parking lots | ||
Residential | ||
Vehicular traffic | 0.5 | 4:1 |
Pedestrian safety and security | 0.8 | 4:1 |
Commercial | ||
Medium-activity lots | ||
Vehicular traffic | 1.0 | 3:1 |
Pedestrian safety and security | 2.4 | 3:1 |
High-activity lots | ||
Vehicular traffic | 2.0 | 3:1 |
Pedestrian safety and security | 3.6 | 3:1 |
Walkways and bikeways | 0.5 | 5:1 |
Building entrances and exits | 5.0 | N/A |
Material storage areas | ||
Active | 20.0 | N/A |
Inactive | 1.0 | N/A |
SOURCE: Illuminating Engineering Society Publication, RR-89. | ||
(2)
Fixture design. Lighting fixtures shall be of a type and design appropriate to the application in terms of height and placement. Where lighting fixtures are proposed for a Class I, II or III historic resource, as defined by § 224-34 of this chapter, they shall be acceptable to the HARB and City Council in terms of the historic setting in which the fixtures are to be placed.
(3)
Control of nuisance and disabling glare.
(a)
Nuisance glare is glare which creates an annoyance to adjacent property owners through the unwanted illumination of their properties or structures, either internally or externally. Disabling glare is output from a light source which impairs visibility for pedestrians or drivers, creating a potential hazard.
(b)
Outdoor lighting, whether on public or private property, shall be designed, installed and maintained in a manner which does not present a disabling glare hazard to drivers or pedestrians; and all reasonable means shall be taken to prevent the projection of nuisance glare onto neighboring properties.
(c)
The City Council may require that lighting be controlled by automatic timing devices to mitigate nuisance glare during specified periods.
(d)
Proper fixture selection and application, including design, angles, shields, height and lighting levels, shall serve as the primary means of glare control, rather than screening methods, such as vegetation and fences.
(4)
Installation.
(a)
Lighting fixtures shall not be mounted in excess of the maximum permitted building height for the district.
(b)
Electrical feeds to lighting standards shall be underground not overhead.
(c)
Lighting standards in parking areas shall be placed at a minimum of five feet outside of the paved lot area or five feet behind perimeter tire stops or mounted on concrete pedestals at least 30 inches above the pavement or protected by other acceptable means.
(5)
Maintenance. Lighting fixtures used for safety and security shall be maintained in proper working order so as to continuously meet the requirements of this chapter.
(7)
Lighting plan. When applicable, lighting plans shall be submitted to ensure the requirements of this chapter are met. Such plans shall include a layout of proposed fixture locations, footcandle data that demonstrate conforming intensities and uniformity and a description of the equipment, glare control devices, lamps, mounting heights, hours of operation and mounting methods proposed.
§ 224-51 Landscaping and buffering.
A.
Landscaping. Landscaping along proposed streets and internal landscaping of parking areas, industrial, institutional, commercial, multifamily buildings and other uses and areas requiring landscaping shall meet the requirements of §§ 197-49 and 197-50 of Chapter 197, Subdivision and Land Development.
B.
Buffering. The purpose of the following buffering standards is to create an acceptable transition between potentially incompatible land uses and to reduce conflicts between these uses:
(1)
Applicability. In addition to the landscaping requirements of § 224-51A above, buffer areas shall be located between potentially conflicting uses. Visual screening, consisting of the indicated Class A, B or C buffer, shall be required between the following uses:
(a)
Any retail complex, retail center, office complex or office park adjacent to zoning districts RN-1, RN-2, RN-3 or RC or any single-family detached or semidetached uses shall provide a Class A buffer.
(b)
Any industrial or warehouse use, except as noted below, that adjoins a residentially zoned district or any residential use shall provide a Class B buffer.
(c)
Any industrial use with greater than 50,000 square feet of gross floor area or industrial park adjacent to a residentially zoned district or any residential use shall provide a Class C buffer.
(d)
A junkyard, landfill, recycling center or transfer station shall provide a Class D buffer between the required fence and the street line or any edge of the property adjacent to a residential use or district.
(e)
Other uses determined to be potentially conflicting shall provide the buffer class specified by the City Council.
(2)
Buffer class standards. After determining the required buffer class, the applicant shall select an appropriate planting option listed below. Plantings are not required to be aligned on property or right-of-way boundaries but may be sited as necessary to achieve the optimal screening level. Plant materials shall be selected from the plant materials list below.
(3)
Plant materials.
(a)
Each plant option listed in Subsection B(2) above may use any of the plant materials listed in the Plant Materials List below. Minimum plant size shall be as indicated in the Plant Materials List below. The City Council may permit other planting types if they are hardy to the area, are not subject to blight or disease and are of the same general character and growth habit as those listed below. All planting materials shall meet the standards of the American Association of Nurserymen.
(b)
Existing planting, topography or man-made structures can reduce or eliminate the buffering requirements if they partially or completely achieve the level of screening as the planting requirements outlined in this section. This determination shall be made at the discretion of the City Council.
Plant Materials List |
Deciduous/canopy trees |
All canopy trees used to meet the required planting requirements shall be of a two-inch caliper minimum. Required canopy tree plantings shall be selected from the below list or a species hardy to the area. Trees marked with "+" before their botanical name are native species, and the use of these trees is encouraged. |
Botanical Name | Common Name | |
|---|---|---|
Acer campestre | Hedge maple | |
Acer ginnala | Amur maple | |
+ | Acer Negundo | Box elder |
Acer palmatum | Japanese maple | |
+ | Acer rubrum | Red maple |
+ | Acer saccharum | Sugar maple |
+ | Betula lenta | Black birch |
+ | Betula nigra | River birch |
Carpinus betulus | European hornbeam | |
+ | Carya ovata | Shagbark hickory |
Crataegus phaenopyrum treeform | Washington hawthorn | |
Crataegus vividis, Winter King | Winter King hawthorn | |
+ | Fagus grandifolia | American beech |
Fagus sylvatica | European beech | |
+ | Fraxinus americana | White ash |
+ | Fraxinus pennsylvania | Green ash |
Ginkgo biloba | Ginkgo (male only) | |
Larix kaempferi | Japanese larch | |
+ | Liquidambar stryraciflua | Sweet gum |
+ | Liriodendron tulipfera | Tulip tree, yellow poplar |
Metasequoia glyptostroboides | Dawn redwood | |
+ | Nyssa sylvatica | Black gum, sourgum |
+ | Ostrya virginiana | American hophornbeam |
Phellondendron amurense | Amur cork tree (male only) | |
Platanus acerifolia | London plane tree | |
+ | Quercus alba | White oak |
Quercus coccinea | Scarlet oak | |
Quercus palustris | Pin oak | |
Quercus phellos | Willow oak | |
+ | Quercus rubra | Red oak |
+ | Sassafras albidum | Sassafras |
Sophora japonica | Japanese pagodatree | |
Tilia americana, Redmond | Redmond linden | |
Tilia cordata, Chancellor | Chancellor linden | |
Zelkova serrata | Japanese zelkova |
Deciduous/Flowering trees |
All flowering trees used to meet the required planting requirements shall be of two-inch caliper minimum. Required flowering tree plantings shall be selected from the below list or a species hardy to the area. Trees marked with "+" before their botanical name are native species, and the use of these trees is encouraged. |
Botanical Name | Common Name | |
|---|---|---|
+ | Amelanchier canadensis | Shadblow serviceberry |
+ | Cercis canadensis | Eastern redbud |
+ | Chioanthus virginicus | Fringetree |
+ | Cornus florida | Flowering dogwood |
Cornus kousa | Kousa dogwood | |
Cornus mas | Cornelian cherry | |
Crataegus species | Any hawthorn species | |
Halesia carolina | Carolina silverbell | |
Koelreuteria paniculata | Golden rain tree | |
Magnolia soulangeana | Saucer magnolia | |
Magnolia virginiana | Sweetbay magnolia | |
Malus species | Any crab species | |
Oxydendrum arboreum | Sourwood, sorrel tree | |
Prunus cerasifera | Purpleleaf flowering plum | |
Prunus kwanzan | Kwanzan cherry | |
Prunus sargentii | Sargent cherry | |
Prunus serrulata, Kwanzan | Kwanzan cherry | |
Prunus subhirtella var. pendula | Weeping higan cherry | |
Pyrus calleryana, Aristocrat | Aristocrat pear | |
Pyrus calleryana, Capital | Capital pear | |
Pyrus calleryana, Redspire | Redspire pear | |
Pyrus calleryana, Whitehouse | Whitehouse pear | |
Stewartia koreana | Korean Stewartia | |
+ | Viburnum prunifolium | Blackhaw viburnum |
Evergreen trees |
All evergreen trees used to meet the required planting requirements shall be at least four feet in height. Required evergreen tree plantings shall be selected from the below list or a species hardy to the area. Trees marked with "+" before their botanical name are native species, and the use of these trees is encouraged. |
Botanical Name | Common Name | |
|---|---|---|
Abies concolor | Concolor fir | |
+ | Ilex opaca | American holly |
+ | Juniperus virginiana | Eastern redcedar |
+ | Kalmia latifolia | Mountain laurel |
Picea abies | Norway spruce | |
Picea omorika | Serbian spruce | |
Pinus nigra | Australian pine | |
+ | Pinus strobus | White pine |
Pseudotsuga menziesii | Douglas fir | |
Taxus baccata | English yew | |
Taxus cuspidata | Japanese yew | |
+ | Tsugas canadensis | Hemlock |
Shrubs |
All shrubs used to meet the planting requirements shall be at least four feet in height. Required shrubs shall be selected from the below list or a species hardy to the area. Shrubs marked with "+" before their botanical name are native species, and the use of these shrubs is encouraged. |
Botanical Name | Common Name | |
|---|---|---|
Euonymus alatus | Winged euonymus | |
Hamamelis vernalis | Vernal witch hazel | |
+ | Hamamelis virginiana | Common witch hazel |
+ | Ilex glabra | Inkberry |
+ | Ilex verticillata | Winterberry |
+ | Kalmia latifolia | Mountain laurel |
+ | Myrica pennsylvanica | Bayberry |
Pyracantha coccinea, lalandi | Laland firethorn | |
Rhamnus frangula | Glossy buckthorn | |
Taxus cuspidata, capitata | Upright yew | |
Taxus x media, hicksii | Hicks yew | |
+ | Viburnum dentatum | Arrowwood viburnum |
Viburnum lantana | Wayfaring tree viburnum | |
+ | Viburnum trilobum | Highbush cranberry |
(4)
General buffering requirements.
(a)
All buffer yards shall be maintained and kept clean of all debris, rubbish, weeds and tall grass.
(b)
All planting in the buffer area shall be installed and thereafter maintained by the property owner.
(c)
Plant materials required within the buffer area shall be assured by a performance guaranty posted with the City Council in an amount equal to the estimated cost of the plant materials. Such guaranty shall be released only after the passage of the second growing season following planting.
(d)
No structures may be placed within the buffer area, and no manufacturing or processing activity or storage of materials shall be permitted, except for the following:
[1]
Landscaped treatments, such as berms, fences or walls, which aid in screening and do not conflict with the character of adjoining properties nor block clear sight distance required at intersections.
[2]
Structures relating to and used for landscaping, such as tree wells, tree guards, tree grates and retaining walls, to preserve stands or specimens of existing trees or used for other functional purposes.
[3]
Roads which provide direct ingress/egress for the tract or lot, including appurtenant structures within road rights-of-way, such as curbs, sidewalks, signs, lighting standards or benches.
[4]
Underground utilities.
(e)
When buffer requirements are part of a subdivision or land development plan, the proposed buffer plantings shall be included as part of the landscape plan required by § 197-50 of Chapter 197, Subdivision and Land Development. Otherwise, a plan shall be submitted sufficient to indicate compliance with the above buffering requirements.
§ 224-52 Fences, hedges and walls.
Fences, hedges and walls shall meet the following standards:
A.
Fences, hedges, walls and retaining walls shall comply with the height and other requirements of §§ 197-56 and 197-57 of Chapter 197, Subdivision and Land Development. Where required elsewhere in this chapter for buffering or other purposes, a greater fence height than those specified by Chapter 197, Subdivision and Land Development, shall be permitted.
B.
No fence, hedge or wall shall obstruct vision for through traffic at street intersections or along streets in accordance with § 224-53 of this chapter.
C.
Fences or walls that are in conformance with all other provisions of this chapter and other applicable ordinances may be permitted within required setbacks.
§ 224-53 Access and traffic control.
Every building and use hereafter established or altered shall meet the following standards for access and traffic control:
B.
Sight distances at intersections. On any lot, no wall, fence or other structure shall be erected, altered or maintained and no hedge, tree, shrub or other growth shall be installed or maintained which may cause danger to traffic on a street by obscuring the view. A clear sight triangle shall be maintained in accordance with the design standards and required improvements for streets set forth in § 197-40D of Chapter 197, Subdivision and Land Development.
C.
Right-of-way widths for streets. Whenever the existing street right-of-way is less than that required for the particular street classification, the right-of-way widths set forth in § 197-40D of Chapter 197, Subdivision and Land Development, shall be applicable to any development related to this article.
D.
Access.
(1)
Provisions shall be made for safe and efficient ingress and egress to and from public or private streets, without undue congestion or interference with normal traffic flow within the City. The developer shall be responsible for the design and construction and the costs thereof of any necessary traffic control device and highway modifications required by the City and the Pennsylvania Department of Transportation (PennDOT).
(2)
No parking or paved areas, except for permitted accessways, shall directly abut a street. Each such area shall be separated from the street to prohibit unregulated access to that street.
(3)
Areas provided for loading and unloading of delivery trucks and other vehicles and for the servicing of uses by refuse collection and for 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 pedestrian and vehicular accessways or parking facilities.
§ 224-54 Open space.
A.
Applicability. The provisions of this section shall apply to all areas designed as permanent open space, including common open space, deed-restricted portions of lots and private open space or recreation facilities, including land for active or passive recreation, designed to satisfy requirements of this chapter. Open space proposed within a cluster development shall meet the requirements of § 224-13D as well as the requirements contained within this section.
B.
Open space design standards.
(1)
No more than 60% of common open space shall be comprised of the designated Floodplain Conservation Overlay District, wetlands and steep slopes in excess of 25%.
(2)
Impervious parking areas, sewage treatment and structural development, including buildings and stormwater management basins, spillways and level spreaders, shall not be calculated as part of the minimum required common open space area. Certain facilities, such as stormwater recharge facilities, may be allowed to count towards open space requirements if the City Council determines they would enhance or be consistent with the intent of open space provision.
(3)
Where open space is designated as separate, noncontiguous parcels, no single parcel shall be less than 10,000 square feet in area. In addition, the ratio of the longest to shortest dimension of an open space parcel shall not exceed five to one (5:1). Exceptions to these standards are permitted where a portion of the open space is:
(a)
Serving as a connecting strip between larger open space parcels or as a trail or portion of a trail network;
(b)
Contiguous to either the Brandywine River or one of its named tributaries; or
(c)
Connects or includes sections of the trails or greenway corridor depicted on Maps 4 and 5 of the 1993 Open Space, Recreation and Environmental Resources Plan.
(4)
Areas designated for open space shall be configured as far as possible to meet the following purposes:
(a)
Maximizing the conservation of site features identified as having particular environmental, historical or recreational value, including steep slopes, floodplains, watercourses, wetlands, mature trees, woodlands, historic sites or structures and other noted landscape features as identified in the Open Space, Recreation and Resources Plan.
(b)
Providing links to open space or recreation areas on abutting parcels, including pedestrian trails, to create linked pathway corridors in the City.
(c)
Implementing applicable open space and recreation plans of any federal, state, county, regional, local municipality or recognized private organization to complement and extend such resources in the City.
(d)
Improving accessibility for the general public to the recreational facility or open space resource and to promote its use among residents.
C.
Open space designation. Where a subdivision or land development plan is required, the plan shall contain the following statement for lands designated as open space: "Open space land may not be separately sold, nor shall such land be further developed or subdivided." All plans shall further designate the use of open space and the type of maintenance to be provided. In designating use and maintenance, the following classes may be used:
(1)
Lawn: a grass area, with or without trees, which may be used by the residents for a variety of purposes and which shall be mowed regularly to ensure a neat and orderly appearance.
(2)
Natural area: an area of natural vegetation undisturbed during construction. Such areas may contain pathways. Meadows shall be maintained as such and not left to become weed-infested. Maintenance may be minimal but shall prevent the proliferation of weeds and undesirable plants, such as honeysuckle and poison ivy. Litter, dead trees and brush shall be removed, and streams shall be kept in a free-flowing condition.
(3)
Recreation area: an area designated for specific recreational use, including, but not limited to tennis, swimming, playfields and totlots. Such areas shall be maintained so as to avoid creating a hazard or nuisance and shall perpetuate the proposed use.
D.
Management of open space.
(1)
Any application for a use containing permanent open space shall include a plan for the long-term management of the open space. Such plan shall include the following information:
(a)
The manner in which the open space will be owned, managed and maintained.
(b)
The conservation and land management techniques which will be used to conserve and protect the open space.
(c)
The professional and personnel sources necessary to maintain and manage the property.
(d)
The nature of public and private access planned for the open space.
(e)
The source of money available for such maintenance and management on a perpetual basis.
(2)
The adequacy and feasibility of the management plan shall be considered as factor in the approval or denial of the development application. The City Council may require that the management plan be recorded with final subdivision and land development plans in the office of the Recorder of Deeds of Chester County.
(3)
To allow for potentially changing land management needs, the management plan may be changed by written application to the City Council. To be approved, the change must be feasible and consistent with the purposes of open space preservation in the City. Further, the change must not increase the likelihood that the obligation for management and maintenance of the land will fall upon the City.
E.
Ownership of common open space. The following methods may be used, either individually or in combination, to preserve, own and maintain open space or protected natural resources:
(1)
Condominium. The open space or natural resource areas may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the Uniform Condominium Act of 1980, as amended.[1] All open space land or natural resource areas shall be held as a common element.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
(2)
Fee simple dedication. The City may but shall not be required to accept any portion or portions of the open space or natural resource area, provided that:
(3)
Dedication of easements. The City may but shall not be required to accept easements for public use of any portion or portions of open space land or natural resource area, title of which is to remain in ownership by condominium or homeowners' association, provided that:
(4)
Transfer of easements to a private conservation organization. With the permission of the City, an owner may transfer easements to a private nonprofit organization among whose purposes it is to conserve open space land and natural resources, provided that:
(a)
The organization is acceptable to the City and is a bona fide conservation organization with perpetual existence.
(b)
The conveyance contains appropriate provision for proper reversion or retransfer in the event that the organization becomes unwilling or unable to continue to carry out its functions.
(c)
A maintenance agreement acceptable to the City is entered into by the developer and the organization.
(5)
Homeowners' association. The open space and natural resource areas may be held in common ownership by a homeowners' association. This method shall be subject to all of the provisions for homeowners' association set forth below and in Article VII of the Municipalities Planning Code (Act 247).[2]
(a)
The developer shall provide a description of the association, including its bylaws and methods for maintaining the open space.
(b)
The association is organized by the developer and operating with financial subsidization by the developer, if necessary, before the sale of any lots within the development.
(c)
Membership in the association is mandatory for all purchasers of homes therein and their successors.
(d)
The association shall be responsible for maintenance of insurance and taxes on common open space or natural resource areas, enforceable by liens placed by the City.
(e)
The members of the association shall share equitably the costs of maintaining and developing such common open space or natural resource area, in accordance with the procedures established herein.
(f)
In the event of the proposed transfer, within the methods here permitted, of common open space land or natural resource area by the homeowners' association or the assumption of maintenance of common open space land or natural resource area by the City as hereinafter provided, notice of such action shall be given to all property owners within the planned residential development.
(g)
The association shall have or hire adequate staff to administer common facilities and maintain the common open space or natural resource area.
(h)
The homeowners' association may lease back open space lands or natural resource areas to the developer, his heirs or assigns or to any other qualified person or corporation for operation and maintenance of open space lands or natural resource areas, but such a lease agreement shall provide that:
[1]
The residents of the development where the open space or natural resource is located shall at all times have access to such open space lands or natural resource areas;
[2]
The common open space or natural resource to be leased shall be maintained for the purposes set forth in this chapter; and
[3]
The operation of open space or natural resource facilities may be for the benefit of the residents only or may be open to the residents of the City at the election of the developer or property owners' association, as the case may be.
[4]
In addition, the lease shall be subject to the approval of the City Council, and any transfer or assignment of the lease shall be further subject to the approval of the City Council. Lease agreements so entered upon shall be recorded with the Recorder of Deeds of Chester County within 30 days of their execution, and a copy of the lease shall be filed with the Secretary of the City.
[2]
Editor's Note: See 53 P.S. § 10701 et seq.
§ 224-55 Airport height restrictions.
A.
Applicability.
(1)
In accordance with the Pennsylvania Department of Transportation, Bureau of Aviation; the Federal Aviation Administration of the United States Department of Transportation; and the Pennsylvania Laws Relating to Aviation, Act 164 of 1984, Section 5911, Airport Zoning Requirements,[1] all building permit applications within the airport hazard area shall be administratively checked to ensure that the height of a proposed building or structure does not exceed the height limitations prescribed within the City by the Height Limitations and Zoning District Map, prepared in 1989 by L. Robert Kimball and Associates, Consulting Engineers and Architects, in association with the Pennsylvania Department of Transportation, Bureau of Aviation, for the City of Coatesville.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5911 et seq.
(2)
The building restrictions shall apply only to height. The underlying zoning district shall prescribe all other uses and standards applicable to land within the airport hazard area.
B.
Required information. The applicant shall submit such plans, topographic surveys, drawings, blueprints or other information necessary for the Code Enforcement Officer to determine the height of any proposed building or structure.
C.
Appeals and variances.
(1)
Should the Code Enforcement Officer be unable to determine compliance of the proposed use with this chapter, the building permit shall be denied. The applicant may then appeal the Code Enforcement Officer's decision in accordance with § 224-87 of this chapter.
(2)
No variances to the height limitations within the airport hazard area shall be granted without the express written consent from the Federal Aviation Administration, such consent to be obtained by the applicant. In addition, the applicant shall notify the Pennsylvania Department of Transportation of the intent to apply for any variances; such notification shall be in written form and sent so as to reach the Department at least 10 days before the application is to be submitted.
§ 224-56 Conversion and use of existing commercial buildings.
The ground or first floor of an existing commercial or office building in the C-1, C-2, C-3 or PS Districts shall not be converted to residential uses and shall only be used for commercial, office, service or other permitted nonresidential uses of the applicable district.