Crafton City Zoning Code
ARTICLE XVII
Supplementary Regulations
§ 225-119 General.
§ 225-120 Performance standards.
The following standards shall apply to all permitted uses, conditional uses and uses by special exception in all zoning districts. In order to determine whether a proposed conditional use or use by special exception will conform to the requirements of this chapter, the Planning Commission, Borough Council or the Zoning Hearing Board may require a qualified consultant whose credentials are acceptable to Council or the Board to testify, whose cost for services shall be borne by the applicant.
A.
Fire protection. Fire prevention and fighting equipment which conforms to the requirements of the Borough Construction Code (Chapter 90) shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
B.
Electrical disturbance. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
C.
Noise.
(1)
No operation or activity shall cause or create noise in excess of the sound levels prescribed below. For the purposes of this chapter, the noise level will be measured in decibels (dBA) which indicate the sound pressure level obtained from a frequency weighting network corresponding to the A-scale on a standard sound level meter.
(a)
Residential, Park and Conservation Districts. At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 75 dBA for more than one hour per 24 hours.
(b)
Commercial and Industrial Districts. At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 75 dBA for more than eight hours per 24 hours.
(c)
Where two zoning districts in which different noise levels are prescribed share a common boundary, the most restrictive of the noise level standards shall govern.
(2)
The following uses or activities shall be exempted from the noise regulations: noises emanating from construction and/or maintenance activities between 7:00 a.m. and 9:00 p.m.; and noises caused by safety signals, warning devices and other emergency-related activities or uses.
(3)
In addition to these regulations, all uses or activities within the Borough shall conform to any applicable county, state or federal noise regulations.
D.
Vibrations.
(1)
Vibration shall be measured at or beyond any adjacent lot line or residential district line as indicated in Table A below and such measurements shall not exceed the particle velocities so designated. The instrument used for these measurements shall be a three-component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.
(2)
The maximum vibration is given as particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:
P.V. = 6.28 F x D WHERE: P.V. = Particle velocity, inches per second F = Vibration frequency, cycles per second D = Single amplitude displacement of the vibration, inches |
(3)
The maximum particle velocity shall be the vector sum of the three individual components recorded. Such particle velocity shall not exceed the values given in Table A. Where vibration is produced as discrete impulses, and such impulses do not exceed a frequency of 100 per minute, then the values in Table A may be multiplied by 2.
TABLE A | |||
|---|---|---|---|
Maximum Ground Transmitted Vibration by Zoning Districts | |||
Particle Velocity in Inches/Second | |||
Vibration Measured in: | Adjacent Lot Line | Residential and Conservation Districts | |
Residential, Park and Conservation Districts | 0.02 | 0.02 | |
Commercial Districts | 0.06 | 0.02 | |
Industrial Districts | 0.10 | 0.02 | |
E.
Odors. No malodorous gas or matter shall be permitted which is discernible on any adjacent lot or property. There shall be no emission of any malodorous gas or matter which violates the regulations of the Allegheny County Health Department.
F.
Smoke, ash, dust, fumes, vapors and gases. There shall be no emission at any point for longer than five minutes in any hour of visible gray or other color smoke with a shade darker than No. 3 on the Standard Ringlemann Chart issued by the U.S. Bureau of Mines; nor shall there be any emission at any point from any source which can cause damage to health, to animals or vegetation or other forms of property or which can cause excessive soiling at any point.
G.
Lighting and glare:
(1)
No direct or sky-reflected glare, whether from floodlights or from high temperature processes shall be visible from adjacent public streets or adjacent lots when viewed by a person standing on ground level. For the purposes of interpreting this subsection, glare shall be defined as direct or indirect light from any source which exceeds 1/2 footcandle on any adjacent property.
(2)
In all zoning districts, all lighting devices located within 100 feet of a property line adjacent to residential use or zoning classification shall be designed with shields, reflectors or refractor panels which direct and cut off light at a cutoff angle which is less than ninety degrees (90º). Cutoff angle is defined as the angle formed by a line drawn from the direction of the light rays at the light source and a line perpendicular to the ground from the light source above which no light is emitted.
H.
Erosion. No erosion by wind, water or other source shall be permitted which will carry objectionable substances onto neighboring properties. All activities shall be subject to the requirements of the Allegheny County Soil Conservation Service and shall be governed by any permits issued by that agency.
I.
Water pollution. Water pollution shall be subject to the standards established by the Pennsylvania Department of Environmental Protection (DEP).
J.
Determination of compliance with performance standards. During the review of an application for zoning approval, the applicant may be required to submit data and evidence documenting that the proposed activity, facility or use will comply with the provisions of this section. In reviewing such documentation, the Borough may seek the assistance of any public agency having jurisdiction or interest in the particular issues and the Borough may seek advice from a qualified technical expert. All costs of the expert's review and report shall be paid by the applicant. A negative report by the technical expert and the applicant's refusal or inability to make alterations to ensure compliance with this section shall be a basis for denying approval of the application.
K.
Forestry.
(1)
Permit procedures.
(a)
A permit, issued by the designated Borough personnel, shall be required for all logging or forestry activities.
(b)
A review of the forest management or forest harvesting plan by the Borough Planning Commission shall precede the issuance of any logging permit.
(c)
Twelve copies of the management or harvesting plan shall be submitted to the Borough Zoning Officer a minimum of 30 days prior to a regularly scheduled meeting of the Borough Planning Commission, accompanied by an administrative fee as set by the Borough Council.
(d)
Failure to secure such permit prior to initiating the logging activity shall constitute a violation of this chapter.
(2)
Forestry operations and the cutting of trees.
(a)
Forestry shall be conducted only in accordance with a forest management or forest harvesting plan prepared by a forester or qualified professional, a copy of which plan shall be filed with the Borough Zoning Officer. All forest management and harvesting plans and the forestry operation itself shall comply with the following requirements:
[1]
An erosion and sedimentation plan and a stormwater management plan shall be submitted prior to the start of forestry operations.
[2]
All cutting, removing, skidding and transporting of trees shall be planned and performed in such manner as to minimize the disturbance of or damage to other trees and vegetation and the land itself.
[3]
Roads and trails shall be constructed, maintained and abandoned in such manner as to prevent soil erosion and permanent damage to soil and waterways.
[4]
Roads and trails shall be only wide enough to accommodate the type equipment used and grades shall be kept as low as possible.
[5]
Where possible stream crossings shall be avoided, but where deemed necessary, crossings shall be made at a right angle across suitable culverts or bridges.
[6]
Skidding across live or intermittent streams is prohibited except over bridges or culverts.
[7]
Buffer zones of appropriate dimensions shall be maintained on the property on which the forestry operation is being conducted along all streets and abutting properties and around streams or springs on the tract being logged.
[8]
Everything practical shall be done to prevent damage or injury to young growth and trees not designated for cutting.
[9]
All limbs and stubs shall be removed from felled trees prior to skidding.
[10]
No trees shall be left lodged in the process of felling.
[11]
Felling or skidding on or across property of others is prohibited without the express written consent of the owners of such property. Felling or skidding on or across any public or private street is prohibited without the express written consent of the Township in the case of Township streets, or the Pennsylvania Department of Transportation in the case of state highways.
[12]
Tops to a maximum height of four feet or slash remaining in buffer areas shall be disposed of by the contractor or property owner.
[13]
The stumps of all felled trees shall be permitted to remain in the soil for stabilization purposes.
[14]
During periods of abnormal forest fire danger, as determined by the Borough Fire Marshal or Borough Council, the Borough shall have the right to order a suspension of forestry operations until the danger subsides.
[15]
Littering is prohibited and during and upon completion of a forestry operation all cans, bottles, paper, garbage and other litter of any type shall be removed from the property.
[16]
Upon completion of a forestry operation, all roads shall be graded to eliminate any wheel ruts, and access to such roads from any public or private street by motor vehicles of any kind shall be effectively blocked except as necessary for the passage of appropriate vehicles.
[17]
The use of Borough streets will require the posting of a bond for forestry vehicles.
(b)
Before the forestry operation begins, all trees which are to be felled in connection therewith shall be clearly marked on the trunk and the stump so that the same may be easily identified both before and after a tree has been felled. No tree shall be felled which has not be designated for removal on the forest management plan as finally approved by the Planning Commission.
(c)
The holder of a permit to conduct a forestry operation shall notify the Borough, in writing, by fax, or telephone, within one week before the cutting of trees is to begin in connection with the construction of roads or trails, weather permitting.
(d)
The holder of a permit to conduct a forestry operation shall notify the Borough, in writing, by fax or telephone, within one week before the cutting of trees for removal from the site is to begin, weather permitting.
(e)
The holder of a permit to conduct a forestry operation shall notify the Borough at least one week in advance of the expected completion date of the forestry operation and shall notify the Borough immediately upon said operation's completion, weather permitting.
(f)
The Borough may, by its own personnel or outside persons hired for the purpose, go upon the site of any proposed forestry operation after an application to conduct such operation has been filed for the purpose of reviewing the plans for the proposed operation.
(g)
After a permit for a forestry operation has been issued, the Borough shall have the right, by its own personnel or by outside persons hired for the purpose, to go upon the site before, during and after the forestry operation to insure and require compliance with the plans for said operation as finally approved and all of the terms and provisions of this chapter.
(h)
The holder of a permit to conduct a forestry operation shall be notified of an inspection within a week of its scheduled date or a minimum of 48 hours prior to said site inspection.
(3)
Contents of the forest management or forest harvesting plan.
(a)
Minimum requirements. As a minimum, the forestry plan shall include the following:
[1]
Design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails and log landings.
[2]
Design, construction, and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips, and water bags.
[3]
Design, construction, and maintenance of stream and wetland crossings.
[4]
A stand prescription for each stand located in the proposed harvest area.
[5]
The general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways.
[6]
A reforestation plan.
(b)
Map. Each forestry plan shall include a site map containing the following information:
[1]
Site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property.
[2]
Significant topographic features related to potential environmental problems.
[3]
Location of all earth disturbance activities such as roads, landings, and water control measures and structures.
[4]
Location of all crossings of waters of the commonwealth.
[5]
The general location of the proposed operation to municipal and state highways, including any accesses to those highways.
(c)
Compliance with state law. The forestry plan shall address and comply with the requirements of all applicable state laws and regulations, including but not limited to the following:
[1]
Erosion and sedimentation control regulations contained in 25 Pa. Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.).
[2]
Stream crossing and wetlands protection regulations contained in 25 Pa.Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.).
[3]
Stormwater management plans and regulations issued pursuant to the Stormwater Management Act (32 P.S. § 680.1 et. seq).
(d)
Relationship of state laws, regulations, and permits to the forestry plan. Any permits required by state laws and regulations shall be attached to and become part of the forestry plan. An erosion and sedimentation pollution control plan that satisfies the requirements of 25 Pa. Code, Chapter 102, shall also satisfy the minimum requirements for the forestry plan and associated map specified in Subsections K(1)(a) and (b), provided that all information required by these subsections is included or attached.
L.
Microbrewery.
[Added 2-25-2019 by Ord. No. 1655[1]]
(1)
A microbrewery and, if included, a tap room must be licensed by the Pennsylvania Liquor Control Board.
(2)
Any microbrewery that includes a tap room shall meet the off-street parking requirements of Article XIV for eating and drinking establishments for the portion of the building devoted to the tap room in addition to the parking required for a microbrewery. Parking spaces may be located on a lot other than that containing the principal use only upon the approval by the Borough Council provided that safe, convenient pedestrian access is assured, and that any off-street parking spaces required to serve structures or uses on a separate zoning lot shall be within 500 feet of the main entrance of the structure or use served. If not located on the same zoning lot, the required off-street parking spaces shall be located on a zoning lot owned by or leased to the owner of the zoning lot on which the principal use is located. No property located in a residential zoning district may be used for off-site, off-street parking. Evidence of ownership or lease rights shall be presented to the Borough in the form of a deed, contract of sale, option agreement or lease. The continued ownership or lease of the approved off-site, off-street parking spaces shall be a condition to occupancy of the principal use which the parking spaces serve. If deemed necessary by the Borough Engineer, an applicant for approval of off-site parking pursuant to this section may be required to submit a parking demand study.
(3)
The establishment shall not have a drive-through facility.
(4)
Outdoor entertainment shall not be permitted.
(5)
All operations shall be conducted within a completely enclosed building, except for an outdoor seating area associated with a tap room. An outdoor seating area associated with a tap room shall be:
(a)
Integral with the principal building.
(b)
No larger than 10% of the entire microbrewery and tap room.
(c)
Accessible only through the inside of the facility.
(d)
Entirely enclosed by fencing or landscaping and shall comply with all standards as required by the Pennsylvania Liquor Control Board.
(e)
In compliance with all setback regulations required for the principal building.
(6)
A tap room may offer food to patrons.
(7)
At least 51% of the malt or brewed beverages offered for consumption or sale at a tap room must be produced on the premises or on real property immediately adjacent to the premises.
(8)
No equipment or storage related to the operation of the preparation of malt or brewed beverages (specifically excluding chillers) may be located outside the principal structure.
(9)
Growlers or crowlers, defined as a refillable and resealable container for malt or brewed beverages, shall not be consumed on the premises.
[1]
Editor's Note: This ordinance also redesignated former Subsection L as Subsection M.
M.
Continuing enforcement.
(1)
The Zoning Officer shall investigate any purported violation of the performance standards and, subject to the approval of Borough Council, may employ qualified technical experts to assist in the determination of a violation. Costs of the services of such experts shall be paid by the owner or operator of the facility or use accused of the violation if the facility or use is found to be in violation. If the facility or use is found to be in compliance with the performance standards, said costs shall be borne by the Borough.
(2)
If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance with § 225-144B(7) of this chapter and a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this chapter and shall result in the revocation of the occupancy permit for the facility or use.
§ 225-121 Screening and landscaping.
A.
Buffer areas required.
(1)
Buffer areas shall not be required along property lines which adjoin a public street right-of-way; however, buffer areas shall be required when off-street parking faces an R-1, R-2 or S Zoning District across an alley which is open to traffic.
(2)
Buffer Area A shall be required for development in the C-1 or I Zoning Districts along all property lines adjacent to an R-1, R-2 or S Zoning District when construction of any new building or structure is proposed on a vacant lot or when the existing building proposed to be altered covers the lot by less than 50% and adequate area exists on the lot to provide off-street parking and Buffer Area A.
(3)
Buffer Area B shall be required for developments in the C-2 Zoning District along all property lines adjacent to an R-1, R-2 or S Zoning District when construction of any new building or structure is proposed on a vacant lot or when the existing building proposed to be altered covers the lot by less than 50% and adequate area exists on the lot to provide off-street parking and Buffer Area B.
(4)
Buffer Area C shall be required for all developments in the C-2 or R-2 Districts along all property lines adjacent to the R-1 Zoning Districts or single-family use in any zoning district or when the existing building proposed to be altered covers more than 50% of the lot and adequate area does not exist on the lot to provide off-street parking and Buffer Area B.
(5)
Buffer areas shall also be required for any conditional use or use by special exception when the express standards and criteria for the specific use specify a requirement to provide one of these buffer areas.
B.
Buffer areas defined. Buffer Areas A and B required by § 225-121A above are defined as follows:
(1)
Buffer area A shall be a minimum of 20 feet in depth measured from the property line and shall be comprised of two rows of plantings which are a mixture of 30% deciduous and 70% evergreen trees spaced within the rows 10 feet apart, measured from the vertical center lines of adjacent trees. In addition to the above noted required trees, a continuous row of low level evergreen shrubs or hedges shall be planted, or earthen mounding shall be constructed in the buffer area which shall be a minimum of three feet in height to provide a year-round visual screen capable of acting as a barrier to light beams emanating from the headlights of passenger cars.
(2)
Buffer Area B shall be a minimum of 10 feet in depth measured from the property line and shall be comprised of one row of plantings which are a mixture of 30% deciduous and 70% evergreen trees spaced within the row 10 feet apart, measured from the vertical center lines of adjacent trees. In addition to the above-noted required trees, a continuous row of low level evergreen shrubs or hedges shall be planted, or earthen mounding shall be constructed in the buffer area which shall be a minimum of three feet in height to provide a year-round visual screen capable of acting as a barrier to light beams emanating from the headlights of passenger cars.
(3)
Buffer Area C shall be comprised of a continuous, compact evergreen hedge or line of evergreen trees that will grow together when mature which are a minimum of six feet in height at the time of planting. On lots which cannot reasonably provide the required buffer area, a six-foot-high screening fence as defined by this chapter may be approved by Borough Council, upon recommendation of the Planning Commission, during the review of the land development plan.
C.
Conflict between buffer area and yard requirements. When the width of a required buffer area is in conflict with the minimum yard requirements of Articles IV through XIII, the greater distance shall apply. The buffer area planting requirement shall be adhered to regardless of what the yard requirement is.
D.
Existing structures in buffer areas. In instances where an existing structure houses the principal use of the property and is located within any required buffer area, a buffer area of not less than the minimum distance from the existing structure to the property line shall be required. This reduced Buffer Area width shall apply only to the yard area which the existing structure encroaches upon. If the existing structure is located within the required buffer area on one side of the building, the required buffer area as determined by § 225-121A shall apply on all other yard areas. All planting requirements shall be adhered to regardless of the buffer area width.
E.
Existing trees in buffer areas.
(1)
Where trees already exist within the required buffer area, these trees shall remain undisturbed, except that diseased or dead material may be removed. If it is determined that some healthy trees must be removed in conjunction with development, a written request to remove such trees shall be submitted to the Borough, along with an explanation detailing the rationale for the request. These trees shall not be removed until the Borough has given written authorization permitting their removal. This permission shall not be unreasonably denied; however, those who violate this section shall be subject to the maximum penalties authorized by this chapter.
(2)
When any trees, regardless of their physical condition, are removed, they shall be replaced by trees suitable to the environment. All such replacement planting shall be in accordance with accepted conservation practices.
F.
Size of trees in required buffer areas:
(1)
Any existing trees within the required buffer area which are a minimum of two inches in diameter at a point one foot above the ground shall be preserved and shall count as a required tree within the buffer area. At no point, however, shall any existing trees and required trees be separated at a distance greater than the distance specified in the required buffer area.
(2)
All trees required to be planted within the buffer area shall be a minimum of two inches in diameter at a point one foot above the ground measured along the trunk of the planted tree, which tree shall be planted in accordance with accepted conservation practices. All required trees shall be a minimum of six feet in height at time of planting, measured from the ground adjacent to the planted tree to the top of the tree.
G.
Responsibility for maintenance. It shall be the responsibility of the owner/applicant to assure the continued growth of all required landscaping and/or to replace the same in the event of frost, vandalism, disease or other reasons for the discontinued growth of the required trees, shrubs and bushes.
H.
Stormwater management facilities in buffer areas. When required by the Borough, stormwater management facilities and structures may be located within a Buffer Area; however, the existence of such facilities or structures shall not be a basis for a failure to meet the planting requirements in the Buffer Area.
I.
Landscaping of open areas. All yard areas not utilized for parking facilities, driveways, gardens, the planting of trees or shrubs, flower, vegetable or herb beds or similar uses must be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be interpreted to be within 30 days after construction activities are completed, unless those activities are completed between a November 1 through April 1 time period. In such case, the required sodding or seeding must occur by May 1.
J.
Landscaping specifications. Landscaping shall be provided in accordance with the following specifications:
(1)
Planting required in buffer areas as outlined in § 225-121B shall not be substituted for any required planting mandated in this subsection.
(2)
A landscaping plan, with detailed drawings, prepared by a registered landscape architect, shall be submitted with the final application for land development plan approval, and this landscaping plan shall contain and show the following information:
(a)
All required buffer areas with proposed plantings (identifying each proposed tree, bush or shrub by type and size) drawn to scale and identifying the height and width of any proposed mounds.
(b)
All required planting independent of any buffer area requirements (identifying each tree, bush, shrub by type and size, the use of sod or seeding, etc.) drawn to scale.
(d)
Any existing trees or vegetation which are to be preserved, accurately identifying type, size and their relative location.
(e)
Any existing trees or vegetation which will be removed, accurately identifying their type, size and relative location.
(3)
For nonresidential developments on lots which have a total area of one acre or more, at least one deciduous tree shall be planted for each 2,000 square feet of gross floor area of the building.
(4)
For multiple-family developments on lots which have a total area of one acre or more, at least one deciduous tree shall be planted for each 10 dwelling units or portion thereof.
(5)
All trees which are required to be planted as per the regulations of this section shall be a minimum of two inches in diameter at a point one foot above the ground at the time of planting measured along the trunk of the planted tree, which tree shall be planted in accordance with accepted conservation practices.
K.
Posting of bond for landscaping. A maintenance bond in the form of cash, certified check or letter of credit shall be posted with the Borough in the amount of 15% of the total cost of landscaping shown on the approved landscaping plan or $15,000, whichever is less, for a period of two years from the date of installation of the landscaping materials. The maintenance bond shall guarantee replacement of the required landscaping materials during the term of the bond.
§ 225-122 Special yard requirements.
In addition to the yard requirements specified in each zoning district, the following yard requirements shall apply in all zoning districts to the applicable circumstances described below:
A.
Corner lots. Corner lots shall provide front yards on each street frontage. The remaining two yards shall constitute side yards.
C.
Accessory uses and structures. In all zoning districts the following regulations shall apply to accessory structures:
(1)
Private swimming pools accessory to a dwelling:
(a)
Swimming pools accessory to a dwelling and all structures appurtenant thereto shall be located at least 10 feet from any property line. Swimming pools shall not be permitted in the front yard. Swimming pools shall not occupy more than 30% of the rear yard area, as defined by this chapter.
(b)
A swimming pool shall be fully enclosed with a six-foot fence. Any gate shall be locked and self-latching.
(2)
Private tennis courts accessory to a dwelling. Tennis courts accessory to a dwelling shall not be permitted in the front yard and shall be located at least 20 feet from any side or rear property line. If lighting is proposed, the lighting shall be shielded so that it does not reflect on any adjacent property. All tennis courts shall be enclosed by a fence which is a minimum of 10 feet in height and a maximum of 12 feet in height and which shall contain openings equal to 50% or more of the surface area of the fence. Tennis courts shall not occupy more than 30% of the rear yard area as defined by this chapter.
(3)
Fences.
(a)
In all zoning districts, the finished side of the fence shall face the street or adjacent property.
(b)
In C Commercial, P Park, S Conservancy and R Residential Districts, fences no greater than six feet in height shall be permitted in the required side or rear yard.
(c)
In S Conservancy and R Residential Districts, fences shall be permitted in the front yard, provided they meet the following requirements:
[1]
A 50% open-faced continuous lattice fence structure shall be permitted in the front yard, provided it shall not exceed 48 inches in height and shall not obstruct sight distance on the public street right-of-way.
[2]
A front yard fence shall not be constructed or maintained in any public street right-of-way.
(d)
In the I Industrial District, the maximum height of a fence shall be 10 feet. Fences shall be located in side or rear yards only.
(e)
In any zoning district, fences accessory to schools, parks and playgrounds shall be no more than 10 feet in height and shall contain openings equal to at least 75% of the surface area of the fence.
(f)
In any zoning district, when a fence is erected on top of a wall, the distance from the base of the wall to the top of the fence shall not exceed the applicable height limitations specified in this subsection. When a wall is of the retaining type (the top is not an equal distance from ground level on both sides), the height of the wall shall be measured from the sidewalk level. Fences erected on the top of a wall shall contain openings equal to at least 75% of the surface area of the fence.
(4)
Satellite dish antennas.
(a)
A satellite dish antenna structure may be installed or used only in a rear yard, provided such structure is not located in the minimum required rear yard, and further provided such structure is located a minimum of 20 feet from any property line; has a maximum height of 13 feet above the ground when positioned vertically, a maximum diameter of 10 feet; is screened from adjacent properties by evergreen vegetation to the maximum extent possible without interfering with the antenna's line of sight; and to the extent possible, is painted black, dark green or brown.
(b)
The satellite dish antenna may be located on the roof of a structure only if the owner establishes that:
[1]
Placement of the satellite dish antenna in the rear yard as required by this section would effectively preclude reception from any transmitting satellite.
[2]
The roof of the structure in question can safely support the load of the satellite dish antenna.
[3]
Design of the satellite dish antenna and its proposed placement on the roof are such that the satellite dish antenna will remain safely secured to the roof during wind gusts of up to 75 miles per hour.
[4]
The maximum height of the satellite dish antenna is 13 feet above the roofline as measured from the highest point of the roof for flat roofs, deckline for mansard roofs, or the mean height between eaves and ridge for gable, hip and gambrel roofs.
[5]
The maximum diameter of the satellite dish antenna is 10 feet.
[6]
To the extent possible, the satellite dish antenna is painted black, dark green or brown.
(c)
No satellite dish antenna structure shall be installed or used before securing a building permit.
(5)
Radio or television antennas:
(a)
A radio or television antenna accessory to a principal residential use may be installed or used only in a rear yard, provided that said structure shall not be located in the minimum required rear yard, and further provided that such antenna be located a minimum of 20 feet from any property line; has a maximum height of 30 feet; is screened from adjacent properties by large evergreen trees; and to the extent possible, is painted black, dark green or brown.
(b)
Such an antenna may be mounted on the roof, provided it has a maximum height of 13 feet above the roofline as measured from the highest point of the roof for flat roofs, deckline for mansard roofs or the mean height between eaves and ridge for gable, hip and gambrel roofs, and is painted as specified above.
(c)
No radio or television antenna shall be installed or used before securing a building permit.
(d)
No radio or television antenna shall be lighted.
(e)
This section shall not be construed as authorizing the construction or use of a tower or other structure for any commercial, institutional or governmental telecommunications, radio, cellular telephone, paging, television or similar use.
(6)
Air conditioning condensers, heat exchangers and heat pumps:
(a)
In S Conservancy and R Residential Zoning Districts, air conditioning condensers, heat exchangers and heat pumps shall be located in the rear yard. Such equipment shall not be located in any required front or side yard, unless location of the equipment in the rear yard would be detrimental to the efficient operation of the system, and the equipment may be located in a required front or side yard, provided it shall not encroach into the required front yard by more than five feet and shall be located at least three feet from any side property line and the installation shall be adequately screened from view from the street and adjacent residential properties.
(b)
In the C Commercial Zoning Districts and I Industrial District, roof-top air conditioners and other mechanicals shall be screened from view from the street and adjacent residential properties.
(7)
Canopies other than canopy signs, and similar structures. Canopies other than canopy signs and similar permanent freestanding roofed structures without walls shall be permitted to cover outdoor seasonal display and sales areas or fuel-dispensing areas accessory to authorized uses in C-1 Shopping Center, C-2 Commercial Core, and I Industrial Zoning Districts, provided that:
(a)
Such structure shall not be attached to the principal building;
(b)
Such structure shall be located at least 10 feet from any property line or street right-of-way;
(c)
Such structure shall not be enclosed;
(d)
Such structure shall be removed immediately, once the principal use or the use of the accessory structure is discontinued.
(8)
Private garages and carports:
(a)
Detached private garages and carports accessory to a single-family dwelling or two-family dwelling may be located in the side or rear yard or, in the case of property fronting on an alley, in the front yard facing the alley, provided that a detached private garage or enclosed carport or partially enclosed carport shall not be located closer than three feet to the side or rear property line or front property line adjacent to an alley. A detached private garage or carport shall not occupy more than 30% of the rear yard area, as defined by this chapter.
(b)
Detached private front-loading private garages and carports may be permitted as a conditional use, subject to the following conditions:
(c)
Shared garages in joint ownership with party walls alongside property lines shall be permitted, provided each space is served by a paved driveway in separate ownership or an easement or other agreement for a shared driveway is recorded with the deed. Shared garages shall be located at least three feet from the rear property line and shall not occupy more than 30% of the rear yard area, as defined by this chapter.
(d)
If the above requirements cannot be met because of topography or other physical limitations, then a single (or jointly owned shared) garage may be constructed in the front yard, provided the garage is completely enclosed, the cubic content of the garage is more than 75% below grade and a parapet wall or appropriate landscaping is furnished.
(9)
No-impact home-based businesses. No-impact home-based businesses which comply with the definition and standards of this chapter shall be permitted as an incidental use to any principal dwelling unit in all residential zoning districts as long as the business or commercial activity satisfies the following requirements, except that such permission shall not supersede any deed restriction, covenant or agreement restricting the use of the land, nor any master deed, bylaw or other document applicable to a common interest ownership community:
(a)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(b)
The business shall employ no employees other than family members residing in the dwelling.
(c)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(d)
There shall be no outside appearance of a business use, including but not limited to, parking, signs or lights.
(e)
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(f)
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(g)
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(h)
The business may not involve any illegal activity.
(10)
All other accessory structures. All other accessory structures, including, but not limited to garages, storage sheds, gazebos, playhouses, decks, patios and porches, shall not be permitted in the required front yard or required side yards, except as may be permitted by § 225-123, and shall be located at least five feet from the rear lot line. Any detached accessory structure shall be located at least 10 feet from any principal building, except that a detached garage may be connected to the principal building by contiguous walls, breezeways or similar connections.
D.
Visibility at intersections.
[Amended 8-24-2011 by Ord. No. 1605]
(1)
No object, including but not limited to fences, hedges, and other plantings, buildings, structures, walls, signs and motor vehicles, exceeding a height of three feet as measured from the lowest elevation of the center line of any abutting street, shall be temporarily or permanently placed, erected, installed or parked within the clear sight triangle required on a corner lot except as permitted by exception listed below.
(2)
The required clear sight triangle on a corner lot shall be determined as follows:
The street lines abutting the corner lot shall form the legs of the clear sight triangle. Each of the legs shall extend a distance of 30 feet from the point of intersection of the street right-of-way lines abutting the corner lot. The hypotenuse of the clear sight triangle shall be formed by drawing a straight line joining the legs at their farthest point from the vortex of the triangle.
(3)
Permitted exceptions to the required clear site triangle are as follows:
§ 225-123 Permitted projections into required yards
The following shall be permitted to project into any required yard in any zoning district as follows:
A.
Typical architectural features, including but not limited to bay windows, window sills, chimneys, cornices and eaves, shall be permitted to project into required yards no more than 24 inches.
B.
Decks and their stairs and unenclosed porches without enclosed habitable foundation and without a roof shall be permitted to project into the required front yard no more than three feet and shall be no closer to the rear property line than 20 feet. In addition, decks shall not be permitted to face the street between the principal building and the front lot line.
C.
Steps and stoops attached to the principal building and open fire escapes shall be permitted to project into required front, side and rear yards no more than 36 inches.
D.
Open fire escapes shall be permitted to project into required front, side and rear yards no more than 36 inches.
§ 225-124 General height provisions and exceptions.
A.
Measurement of height. The authorized height of buildings shall be measured in accordance with the definition of "height, maximum" in this chapter.
B.
Height exceptions. Chimneys, flues, smokestacks, fire escapes, gas holders, elevator enclosures, ventilators, skylights, water tanks and similar rooftop structures required to operate the building, as well as flagpoles, television aerials, water towers and tanks, church spires and towers, electric transmission towers, may exceed the maximum height standard. No such object shall exceed a height of 75 feet, and the required side yards shall be increased one foot for each five feet such object exceeds 45 feet.
§ 225-125 Drive-in facilities.
All businesses which propose drive-in facilities as accessory uses or principal uses shall meet the following requirements:
A.
The property shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter, or to Linden Avenue or Foster Avenue.
B.
In addition to the parking spaces required for the principal use, a minimum of five standing spaces, in tandem, with a total length of 100 feet, in direct line with each window or stall shall be provided for vehicles to wait in line. The standing spaces shall not interfere with the use of any required parking spaces and shall not inhibit the free flow of traffic on the property. The standing spaces shall be designed so that waiting vehicles shall not stand in any right-of-way or any aisle serving parking spaces or overflow onto adjacent properties, streets or berms.
C.
Entrances, exits and standing spaces shall be adequately indicated with pavement markings and/or directional signs.
D.
Parking areas and circulation patterns shall be adequately striped and marked to facilitate traffic circulation on the property.
§ 225-126 Temporary construction trailers or sheds, model homes or sales offices
Temporary construction trailers or sheds or model homes or sales offices shall be permitted in any zoning district subject to the following conditions:
A.
Temporary construction trailers or sheds shall be permitted only during the period that the construction work is in progress. Model homes or sales offices shall be permitted only until the last lot or dwelling unit in the final phase of the development is sold. A permit for the temporary structure or use shall be obtained from the Zoning Officer prior to the commencement of construction and shall be renewed every six months pursuant to § 225-118II(4) and § 225-145D.
B.
Temporary construction trailers or sheds shall be located on the lot on which the construction is progressing and shall not be located within 25 feet of any property line adjacent to residential use.
C.
Temporary construction trailers or sheds shall be used only as temporary field offices and for storage of incidental equipment and supplies and shall not be used for any dwelling use.
D.
No combustible materials shall be stored in temporary construction trailers or sheds.
E.
Model homes shall be located on a separate lot and shall meet all the requirements for permanent dwellings in the zoning district in which they are located. Sales offices may be located in a model home or may be located in a trailer located on a vacant lot in the plan or on the site of construction. If the sales office is located in a trailer, the trailer shall not be located within 25 feet of any property line adjacent to a residential use.
F.
Model homes or sales offices located in a trailer shall not be utilized for any dwelling use during the time they are approved as a temporary use or structure in accordance with the provisions of this section.
G.
Model homes or sale offices shall be used primarily for sales associated with the development in which they are located and shall not be used as the only place of business for the listing realtor.
§ 225-127 Minimum floor area per dwelling unit.
§ 225-128 Storage.
[Amended 8-24-2011 by Ord. No. 1605]
A.
Outdoor storage in commercial districts.
(1)
Except for nurseries, garden supply, building supply, automotive service station and similar businesses which require outside storage of materials, storage and display of materials outside a completely enclosed structure shall not be permitted. In the case of nurseries, garden supply, building supply and similar businesses, outside display and storage areas shall be completely enclosed by a security fence and shall be screened by an opaque fence or hedge which is at least six feet in height. All other commercial activities shall take place within a completely enclosed building.
(2)
Temporary display and sales on the site of an existing commercial business shall be subject to the requirements of § 225-118II of this chapter.
(3)
All organic rubbish and discarded materials shall be contained in tight, verminproof containers which shall be screened from public view by an opaque fence or hedge which is at least six feet in height.
B.
Storage of recreational vehicles. The parking and storage of recreational vehicles shall be prohibited within the right-of-way of any public street or alley and within the front yard. Recreational vehicles shall be parked in a completely enclosed building or in a location on the lot behind the rear line of the primary building structure, not to include accessory structures such as decks, porches, etc. At no time shall such parked or stored vehicle be occupied or used as a dwelling.
C.
Storage of commercial and construction equipment. Commercial and construction equipment or vehicles, including, without limitation, trucks with a gross vehicle weight (GVW) of 10,000 pounds or greater, tractors of 40 horsepower or larger, tandems, tractor-trailers, cargo-moving equipment and construction equipment or vehicles, shall not be stored or parked temporarily or permanently in any S Conservancy or R Residential Zoning District.
D.
Storage of refuse.
(1)
Outdoor storage of garbage, rubbish, trash, refuse, junk, or discarded articles is prohibited in every zoning district, except that garbage and rubbish stored in appropriate containers originating from and stored upon lots containing single-family and two-family dwellings is permitted, provided that such garbage and rubbish is removed from the premises not less than as often as required by the Borough. All areas of storage shall be screened from public view. The storage of refuse shall not be permitted between the principal building and the front lot line.
(2)
Every building in every zoning district, other than a single-family or two-family dwelling, shall have a separate room or totally enclosed area with a concrete floor or pad to be used for the storage of garbage, rubbish, trash, refuse, junk and discarded articles.
E.
Temporary portable storage containers.
(1)
Definition. "Temporary portable storage container" is defined as a large container and rented or leased for the transport storage of commercial, industrial, or residential household goods, that does contain a foundation or wheels for movement. Examples of this use include piggyback containers that can be transported by mounting on a chassis and transport storage-type boxes that can be transported on a flatbed or other truck.
(2)
No temporary storage container shall have dimensions greater than 20 feet in length, eight feet in width or eight feet in height. Storage capacity shall be no greater than 1,280 cubic feet.
(a)
One temporary storage container shall be permitted on a lot. The temporary storage container may be located in any minimum required front, side or rear yard, provided that it is at least three feet from any property line and 10 feet from any street curbline or, if there is no curb, from the edge of paving of a public or private street.
(b)
Temporary storage containers that are utilized for the purpose of moving or relocating personal effects or business inventory or equipment shall be permitted to remain on the lot for no more than 30 consecutive days in a calendar year.
(c)
Temporary storage containers that are utilized during repair or reconstruction of a structure on the lot shall be permitted to remain on the lot for no more than 90 consecutive days in a calendar year. Upon demonstration of the continued need for the personal on-demand storage unit utilized during repair or reconstruction, the Zoning Officer may grant one extension for a cumulative total of no more than 180 consecutive days in a calendar year. The temporary storage container shall be removed within 30 days of completion or cessation of construction.
(d)
No temporary storage container shall be parked on any Borough street or alley or obstruct traffic vision when parked on any property.
§ 225-129 Land development plan approval.
If required by the Borough Subdivision and Land Development Ordinance, approval of a land development plan shall be required for nonresidential uses involving construction of a new principal building or an addition to an existing building or change of use resulting in an increase in the area of the lot covered by the building and/or paving.
§ 225-130 Engineering report.
Where evidence exists from available soils maps and reports of slide-prone soils or other hazardous soil conditions, at the time of application for a building permit for a principal building, there shall be submitted a report of a qualified soils engineer analyzing the land to be developed and precautions recommended, if any, to be considered in the design of the development to mitigate landslides, erosion and sedimentation, stormwater runoff and other impacts on adjacent properties, as well as the stability of finished slopes and special foundation design, if warranted.