Crafton, PA Zoning Ordinance

§ 225-25 Applicability.

This article shall apply to all conditional uses and uses by special exception listed as authorized uses in each zoning district in Articles II and III.

§ 225-26 Procedures for approval.

Approval of conditional uses. The review process for approval of a conditional use is the following:

(1)

An application for conditional use approval shall be filed with the Zoning Officer, on forms as prescribed by the Borough, at least 14 days prior to the regular meeting of the Planning Commission. A conditional use application shall not be considered to be administratively complete until all items required by this chapter, including the application fee and/or deposit, have been received by the Borough.

(2)

The Zoning Officer shall review the application to determine whether all materials required by this chapter have been submitted by the applicant. If all such materials have not been submitted, then the Zoning Officer shall reject the application as being administratively incomplete and shall notify the applicant, in writing, citing the specific deficiencies and the specific requirements of this chapter that have not been met.

(3)

Within five days of receipt of an administratively complete application, the Zoning Officer shall submit one copy of the application and any materials submitted therewith to the Borough Solicitor; the Borough Engineer; each member of the Planning Commission; and each member of the Borough Council.

(4)

The Planning Commission shall review the application and forward its recommendation to the Borough Council within 45 days of the date of the Borough's receipt of an administratively complete application.

(5)

Borough Council shall hold a public hearing, pursuant to public notice, within the time periods and procedures required by the Municipalities Planning Code. The public hearing shall commence within 60 days of the date of the filing of an administratively complete application. Public hearings shall be conducted and held in accordance with the applicable provisions of the Municipalities Planning Code.

(6)

Borough Council shall render a written decision on the conditional use application within 45 days of the last hearing. Where the application is contested or denied, the Borough Council decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this chapter or any other rule, regulation, ordinance or statute shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found. Borough Council may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and the Municipalities Planning Code.

(7)

A copy of the final decision, or if no decision is required, the findings, will be given directly to the applicant or sent by mail within five business days of the decision.

(8)

All development, construction and use shall be in accordance with the approved conditional use plan unless a revised conditional use application is submitted, approved and filed. The approved conditional use plan shall consist of the application, as submitted, together with all of its attachments and exhibits, as finally approved by the Borough Council, and conditions attached by the Borough Council. Any development contrary to the approved conditional use plan shall constitute a violation of this chapter.

Application content.

(1)

All applications for conditional use approval shall demonstrate compliance with the applicable express standards and criteria of this part and the applicable lot and yard requirements of the zoning district in which the use is proposed.

(2)

All applications for conditional use approval shall be submitted to the Zoning Officer, in the form prescribed from time to time by the Borough, with not fewer than six full-scale copies and 15 half-scale copies of all required maps, and 15 copies of all other application material. An application for conditional use approval shall not be considered administratively complete until all items required by this chapter, including the application fee and/or deposit, have been received by the Zoning Officer.

All applications for conditional use approval shall contain the following:

(1)

A land development plan, as defined by this chapter.

(2)

Construction plans where renovations or modification of an existing building is immediately contemplated, showing the scope, nature and extent of said renovation or modification.

(3)

A traffic analysis, as defined by this chapter, for the following proposed uses by special exception:

(a)

Any proposed use which involves the construction of any new commercial building which has a gross floor area of 25,000 square feet or more or a new industrial building of 50,000 square feet or more.

(b)

Any proposed use which involves the change of use of an existing commercial building which has a gross floor area 25,000 square feet or more or the change of use of an existing industrial building which has a gross floor area of 50,000 square feet or more.

(c)

Any addition to an existing commercial building which results in a total floor area of 25,000 square feet or more or any addition to an existing industrial building which results in a total floor area of 50,000 square feet or more.

Expiration of approval. The grant of a conditional use shall expire one year after the date of the Borough Council's written decision unless: the applicant has applied for and obtained a building permit and commenced construction, or in a case where the conditional use does not require the issuance of a building permit, the applicant has applied for and obtained an occupancy permit and has commenced the use which is the subject of the conditional use. Expiration of conditional use approval under this section shall require the applicant to reapply for conditional use approval. Conditional use approval shall expire automatically without written notice to the applicant, unless Borough Council, in its sole discretion, extends conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension. When a grading permit or building permit, issued in accordance with an approved conditional use, expires without the work described in the permit being initiated and/or diligently pursued, the conditional use shall expire automatically without written notice to the applicant. The grant of a conditional use may also be extended pursuant to those provisions of the Pennsylvania Municipalities Planning Code Section 915.1[1] regulating the stay of proceedings on appeal.

[1]

Editor's Note: See 53 P.S. § 10915.1

Approval of uses by special exception. The Zoning Hearing Board shall hear and decide requests for uses by special exception. The Zoning Hearing Board shall not approve an application for a use by special exception unless and until:

(1)

A written application for approval of a use by special exception is submitted to the Zoning Officer. The application shall indicate the section of this chapter under which approval of the use by special exception is sought and shall state the grounds upon which it is requested. A complete and properly filed application shall include the following:

(a)

For any proposed use by special exception that will require a building permit, a plan drawn on a current property survey sealed by a Pennsylvania-registered surveyor. The plan shall indicate all existing and proposed structures and all proposed construction, additions or alterations on the site in sufficient detail to determine the feasibility of the proposed development and compliance with all applicable requirements of this chapter.

(b)

A written statement showing compliance with the applicable express standards and criteria of this article for the proposed use.

(c)

A traffic analysis, as defined by this chapter, for the following proposed uses by special exception:

[1]

Any proposed use which involves the construction of any new commercial building which has a gross floor area of 25,000 square feet or more or a new industrial building of 50,000 square feet or more.

[2]

[3]

(2)

The application fee as required by this chapter.

(3)

A public hearing pursuant to public notice is conducted by the Zoning Hearing Board within 60 days of submission of a complete and properly filed application. Said hearing shall be conducted in accordance with the procedures specified by § 225-57 of this chapter.

(4)

The property is posted at least seven days prior to the Zoning Hearing Board's public hearing.

(5)

In considering an application for approval of a use by special exception, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this article. A violation of such conditions and safeguards, when made a part of the terms and conditions under which approval of a use by special exception is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 225-67 of this chapter.

(6)

If land development approval is required for the use by special exception, the application for approval of the use by special exception and the application for approval of a land development required by the Borough Subdivision and Land Development Chapter[2] may be processed concurrently provided all application requirements of both chapters for a use by special exception and a land development plan are met.

[2]

Editor's Note: See Ch. 197, Subdivision and Land Development.

Expiration of approval of a use by special exception.

(1)

Approval of a use by special exception shall expire automatically without written notice to the applicant if no application for a land development plan, a grading permit, a building permit or an occupancy permit to undertake the construction or authorize the occupancy described in the application for approval of the use by special exception is submitted within 12 months of said approval, unless the Zoning Hearing Board, in its sole discretion, extends approval of the use by special exception upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.

(2)

When a grading permit or building permit issued in accordance with an approved use by special exception expires without the work described in the permit being initiated and/or diligently pursued, the use by special exception shall expire automatically without written notice to the applicant.

(3)

Approval of a use by special exception may also be extended pursuant to those provisions of the Pennsylvania Municipalities Planning Code regulating the stay of proceedings on appeal.

§ 225-27 General standards.

Before approving a conditional use application, Council shall determine that the proposed use will not alter the established character and use of the neighborhood or district in which it is located and that it will not substantially impair the use or development of adjacent properties. Council shall use the following general standards, among other things, in its evaluation. These standards shall be in addition to any other requirements in this chapter for a specific type of use or development.

The proposed use complies with all applicable provisions and requirements for that type of use contained in this chapter, unless a variance to any provision has been granted by the Zoning Hearing Board, and with other applicable Borough, county and commonwealth and federal chapters, laws and regulations. The proposed use shall obtain applicable permits, licenses and approvals from the Borough, Allegheny County, Pennsylvania and federal agencies before final approval of the conditional use application shall be granted.

The proposed use is compatible with the surrounding land uses. It does not have a negative impact on the existing neighborhood or development in terms of air and water quality, noise, illumination and glare, restrictions to natural light and air circulation or other hazardous conditions that could endanger surrounding residents or impair the use of surrounding properties.

The proposed site for the conditional use is suitable in terms of topography and soil conditions and size, based on number of projected users and the frequency of use of the proposed use.

The proposed use and site provides for safe, adequate vehicular and pedestrian access. It has access from a street capable of handling the traffic generated by the proposed use, and it will not result in undue traffic congestion and hazardous conditions on adjacent streets. The use provides for safe, efficient internal circulation and sufficient off-street parking and loading.

The proposed use complies with all applicable standards and requirements for providing sanitary sewage disposal, water supply, storm drainage, solid and toxic waste storage and disposal.

The proposed use provides screening or buffer areas as required by this chapter.

The proposed use/development conforms to the scale, character and exterior appearance of existing structures and uses in the neighborhood in which it is located.

§ 225-28 Specific use standards for conditional uses, special exceptions, and permitted uses with supplementary regulations.

In addition to the general standards and criteria for all conditional uses, uses by special exception, and supplementary regulations listed in Article IV, an application for any of the following uses which are listed in any zoning district as a conditional use, use by special exception, and permitted with supplementary regulations shall comply with the applicable standards and criteria specified below for that use.

Apartment in a commercial building, subject to:

(1)

Dwelling units shall not be located on the street floor of any commercial building.

(2)

Dwelling units in basements or accessory garages shall not be permitted.

(3)

The dwelling unit or dwelling units shall have a separate entrance which does not require passing through any area devoted to office or retail use.

(4)

Each apartment shall contain a separate and private bathroom and food cooking and food storage facilities.

(5)

Parking shall be provided in accordance with the requirements of §§ 225-33, 225-36, and 225-37.

(6)

At a minimum, there shall be two means of egress provided from the second-floor hallway common to the apartments directly to the outside at grade, including one outdoor fire escape.

(7)

Each apartment shall be served by a heating and cooling system capable of providing 68°F throughout the apartment when the outside temperature is 0°F and 100°F.

Assisted living facility, subject to:

(1)

The site proposed for an assisted living facility shall have frontage on and direct vehicular access to an arterial or collector street, as defined herein.

(2)

The maximum dwelling unit density shall be 24 units per acre.

(3)

The assisted living facility shall include the following supporting uses:

(a)

Common leisure and/or recreational areas.

(b)

Common dining area.

(4)

In addition, an assisted living facility may include one or more of the following supporting uses, subject to approval by the Borough:

(a)

Postal station for use of the residents and staff only;

(b)

Banking facility for use of the residents and staff only;

(c)

Pharmacy and/or medical offices for use of the residents only;

(d)

Personal services for the use of the residents only, including beauty shop, barbershop, common laundry facilities, dry cleaning valet;

(e)

Ice cream parlor and/or florist/gift shop for the use of residents and their invited guests only;

(f)

Personal care boarding home, provided the use meets all the conditional use criteria contained in Subsection BB of this chapter;

(g)

Elderly day-care center licensed by the commonwealth; and

(h)

Taxi, van or similar transportation services for the residents.

(5)

Buffer Area "B," as defined by § 225-31 of this chapter, shall be provided along all property lines adjacent to property in an S or NR District.

(6)

Parking shall be provided in accordance with the requirements of §§ 225-33, 225-36, and 225-37 except that additional parking for the supporting uses intended for the residents and their invited guests shall not be required.

Bed-and-breakfast, subject to:

(1)

The bed-and-breakfast shall be an owner-occupied dwelling unit in which no more than six rooms are provided for nightly rental.

(2)

The maximum length of stay for any guest shall be 14 days in any three-month period.

(3)

One identification sign shall be permitted, and such sign may either be attached to the wall of the building or may be freestanding in the front yard, provided the surface area of the sign shall not exceed six square feet, the height of the freestanding sign shall not exceed four square feet and the freestanding sign is located at least five feet from any property line.

(4)

No meals other than breakfast shall be served on the premises. Food may be prepared on the premises for consumption off the premises by overnight guests. Food shall not be served to any customers who are not overnight guests.

(5)

In addition to the parking required for the dwelling, one parking space shall be provided for each sleeping room offered to overnight guests.

(6)

Off-street parking shall not be located in any required front or side yard. Parking located in the rear yard shall be screened from adjacent residential properties.

(7)

The identification sign shall contain no information other than one or more of the following items:

(a)

The street address.

(b)

The name of the establishment.

(c)

The name of the proprietor.

(d)

A small logo or other decorative symbol.

Billboards, subject to:

(1)

Location. Billboards shall be authorized as a conditional use only in the I Industrial District, provided all of the following requirements are met:

(a)

Billboards shall not be erected within 100 feet of the boundary line of any R District or within 100 feet of any public or private school, church or cemetery, said 100 feet being measured along the radius of a circle from the centermost point of the billboard structure extending in all directions.

(b)

Billboards shall maintain a lateral minimum spacing between any existing or proposed billboard structure of 500 feet. Required spacing shall be measured along both sides of the same roadway frontage from the center-most point of the billboard structure along a line extending from the centermost point of the billboard which is parallel to the center line of the roadway to which the billboard is oriented.

(c)

No part of any billboard shall be located closer than 10 feet to any public street right-of-way.

(d)

No billboard shall be erected over any sidewalk or public right-of-way.

(e)

The minimum side and rear yard requirements applying to a principal structure as set forth within the zoning district in which the billboard is to be located shall apply to each billboard structure.

(f)

No billboard shall be erected in such a manner as to block the view from the road or street, of any existing business identification sign, residential or nonresidential structure, or limit or reduce the light and ventilation requirements.

(g)

No billboard shall be constructed within the clear sight triangle of the public street or road on which it is situated and shall not in any case obstruct or impede traffic safety.

(h)

Billboards shall not be part of a roof or wall nor shall they be mounted on the roof, wall, or other part of a building or any other structure.

(2)

Size and height. A billboard shall have a maximum allowable gross surface area of 450 square feet per sign face. This gross surface area shall be permitted, provided all of the following additional requirements are met:

(a)

A billboard shall have no more than two sign faces per billboard structure, which may be placed back to back or in a V-shaped configuration having an interior angle of 90° or less.

(b)

The dimensions of the gross surface area of the billboard's sign face shall not exceed 20 feet in total height or 25 feet in total length, provided the total allowable gross surface area for the sign face is not exceeded.

(c)

A billboard structure shall have a maximum height above the curb of the roadway from which it is intended to be viewed of 40 feet.

(3)

Construction methods. Billboards shall be constructed in accordance with applicable provisions of the Borough Building Code and shall meet all of the following additional requirements:

(a)

A billboard structure shall have a maximum of one vertical support being a maximum of three feet in diameter or width and without additional bracing or vertical supports.

(b)

A billboard sign face shall be independently supported and have vertical supports of metal which are galvanized or constructed of approved corrosive-resistant, noncombustible materials. Structures constructed with galvanized metal shall be painted.

(c)

The one vertical support shall be capable of enabling the entire sign face to be able to withstand a minimum 100-mile-per-hour wind load. Structural design computations shall be made and certified by a registered engineer and shall be submitted to the Borough with the application for the conditional use.

(d)

The base shall be installed using a foundation and footings approved by the Borough Engineer for the type of construction proposed.

(e)

The entire base of the billboard structure parallel to the sign face shall be permanently landscaped with suitable shrubbery and/or bushes of minimum height of three feet, placed in such manner as to screen the foundation of the structure.

(f)

Landscaping shall be maintained by the sign owner in an attractive and healthy manner in accordance with accepted conservation practices.

(g)

No bare cuts shall be permitted on a hillside.

(h)

All cuts or fills shall be permanently seeded or planted.

(4)

Maintenance.

(a)

A billboard structure shall be entirely painted every three years, unless constructed of an approved corrosive-resistant material.

(b)

Every 10 years, the owner of the billboard shall have a structural inspection made of the billboard by a qualified Pennsylvania-registered engineer and shall provide to the Borough a certificate from the engineer certifying that the billboard is structurally sound.

(c)

Annual inspections of the billboard shall be conducted by the Borough to determine compliance with this chapter.

(d)

Billboards found to be in violation of this chapter shall be brought into compliance or removed within 30 days upon proper notification by the Borough.

(e)

Billboards using removable vinyl, paper or other materials shall be maintained in such condition as to eliminate loose or frayed material protruding or hanging from the structure. All paper and other waste materials shall be removed from the site and disposed of properly whenever any sign face is changed.

(5)

Liability insurance. The applicant for a sign permit to erect a billboard shall provide a certificate of insurance for public liability and property damage which holds the Borough harmless. The amount of insurance to be maintained shall be determined and adjusted from time to time by resolution of Borough Council. The insurance certificate shall contain a clause stating that the insurance shall not be cancelled or reduced without first giving 10 days' notice to the Borough.

(6)

Permits.

(a)

Prior to submission of an application for sign permit, the applicant for a billboard shall obtain and submit with the application, approvals from the Allegheny County Department of Aviation or the United States Federal Aviation Administration (FAA), when applicable.

(b)

Approval of the conditional use shall be valid for six months from the date of action by Borough Council granting the conditional use. If the applicant fails to obtain a sign permit for the approved billboard within the six-month period, approval of the conditional use shall expire automatically, without written notice to the applicant.

(c)

The issuance of a sign permit for a billboard which has been granted approval of a conditional use shall be conditioned upon the approval of the Pennsylvania Department of Transportation (PennDOT) for billboards along state highways. If the applicant fails to submit evidence of the required approval by PennDOT within 90 days of the issuance of the conditional sign permit, the sign permit shall be revoked by the Zoning Officer, who shall provide written notice to the applicant.

(d)

The applicant may reapply for the required sign permit, upon submission of evidence of PennDOT approval, without payment of any additional sign permit fee, provided the application is filed within the six-month period during which the conditional use approval is valid.

(7)

Application fees. Said application shall be accompanied by an application fee in an amount equal to that set from time to time by resolution of Borough Council.

(8)

Nonconforming billboards.

(a)

Any billboard which does not conform to the requirements of this section shall not be enlarged or moved unless the billboard complies with all provisions of this section.

(b)

Any billboard which is damaged or destroyed by more than 51% of its replacement value at the time of damage or destruction shall be reconstructed only in compliance with all provisions of this section.

Car wash, subject to:

(1)

All automated washing facilities shall be in a completely enclosed building. All other car washing facilities shall be under a roofed structure which has at least two walls.

(2)

Drainage water from the washing operation shall be recycled and/or controlled so that it does not flow or drain onto berms, streets, alleys or other property.

(3)

Standing spaces shall be provided in accordance with the requirements specified in § 225-28E for drive-in facilities.

(4)

The facility shall be connected to public sanitary and storm sewers.

(5)

Driveway entrances shall be located at least 30 feet from the right-of-way line of the intersection of any public streets.

(6)

Any car wash which also dispenses gasoline shall meet all applicable requirements governing automobile service stations.

Commercial, recreation subject to:

(1)

Hours that the business is open to the public shall be limited to 6:00 a.m. to 9:00 p.m.

(2)

Customer and delivery parking shall not disrupt neighboring properties.

(3)

Floor space for this use is limited to 1,000 square feet.

(4)

Commercial signage shall comply with the sign ordinance applicable to the NR zoning district.

(5)

Limited to arterial or collector streets in the Borough.

Community center/club, subject to:

(1)

Any community club that includes a swimming pool shall be subject to § 225-38G.

(2)

Any community club which includes a kitchen and social hall shall meet the parking requirements specified in Article IV.

(3)

All off-street parking which adjoins single-family use or a residential zoning district shall be screened by a minimum six-foot-high compact evergreen hedge.

Day-care center and day-care home, subject to:

(1)

The facility shall be registered with or licensed by the commonwealth, if applicable.

(2)

Outdoor play areas for day-care centers shall be provided which shall have a minimum area of 65 square feet per child and which shall be secured by a fence with self-latching gate.

(3)

Outdoor play areas which adjoin residential lots shall be screened by Buffer Area C, as defined by § 225-31 of this chapter.

(4)

The general safety of the property proposed for a day-care center shall meet the needs of small children, particularly with respect to safe drop off and pickup areas and safe conditions in the outdoor play area and means of pedestrian and vehicular access to the site and the building.

(5)

Off-street parking for day-care centers shall be provided in accordance with the requirements of Article IV of this chapter.

(6)

All day-care center and day-care home facilities shall comply with the requirements of the Pennsylvania Uniform Construction Act,[1] as amended, and its regulations, as amended.

[1]

Editor's Note: See 35 P.S. § 7210.101 et seq.

Dwelling, conversion apartment, subject to:

(1)

Conversion apartments in the NR and CR Districts are limited to institutional and large commercial buildings (larger than 5,000 square feet).

(2)

Buildings must be completely converted to residential use, with the exception being a small store on the ground floor which follows the conditional use guidance for retail shops in the NR or CR District.

(3)

The dwelling unit or dwelling units shall have a separate entrance which does not require passing through other units.

(4)

Each apartment shall contain a separate and private bathroom and food cooking and storage facilities.

(5)

Parking shall be provided in accordance with the requirements of §§ 225-33, 225-36, and 225-37.

(6)

Conversions shall meet all applicable fire-safety codes.

(7)

Each apartment shall be served by a heating and cooling system capable of providing 68°F throughout the apartment when the outside temperature is 0°F and 100°F.

Dwelling, attached, subject to:

(1)

Attached dwellings shall be the product of new construction. Conversions shall not apply.

(2)

Parking shall be provided in accordance with the requirements of § 225-33.

(3)

A minimum of 800 square feet of ground area per unit, including parking and outdoor areas. Rear resident parking is required if site conditions allow for it.

(4)

Buffering, setbacks, and general site planning provisions shall comply with the zone the attached dwellings are being constructed in with the exception(s) of reasonable adjustments to accommodate site conditions and topography.

Dwelling, single-family in conservancy subject to

(1)

No property shall be built on a slope greater than 15%.

(2)

No property shall be built in a 500-year or 100-year flood plain.

Educational, religious institutions, subject to:

(1)

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

(2)

The use shall be not detrimental to the neighborhood, taking into consideration the physical relationship of the proposed use to the surrounding properties, the probable hours of operation, the activities to be conducted and the number of people to be assembled or to use the premises at any one time.

(3)

All parking areas adjacent to single-family use or zoning classification shall be screened by a minimum six-foot-high compact evergreen hedge.

(4)

If housing is provided, including dormitory facilities for students and teachers, the minimum lot area shall be 10,000 square feet plus 300 square feet for each sleeping room in excess of four; where a sleeping room is occupied by more than two beds, every two beds therein shall be counted as a single sleeping room.

(5)

The minimum front, rear and side yards otherwise required in the zoning district each shall be increased by 10 feet.

(6)

All structures shall be designed to provide convenient access for emergency vehicles and access to all sides of the building by fire-fighting equipment and vehicles.

Farmer's market, flea market, subject to:

(1)

All activity shall be limited to areas within a Parks, Mixed-Use, and Crafton Transit Oriented Development zoning designations.

(2)

The applicant shall secure all necessary permits and licenses prior to the sale of any product.

(3)

Applicants shall provide an agreement or letter of consent between the legal owner of the property and the applicant's corporation, company or position of authority.

(4)

The applicant shall take measures to ensure that adequate life safety and fire prevention procedures have been followed. The applicant shall consult with the Zoning Officer and Fire Official prior to application for conditional use approval. Their report and recommendation shall be forwarded to the Planning Commission as part of the public record on the conditional use application.

(5)

The applicant's responsibility shall continue through completion of the activity with a time limit mutually agreed upon by the applicant and Borough Council. Daily maintenance of grounds shall consist of trash pickup, provisions for security, and adequate apparatus and equipment for other emergencies such as mechanical, fire or life safety.

(6)

All applicable provisions governing temporary uses or structures shall be met.

Funeral home, subject to:

(1)

The minimum lot area shall be 20,000 square feet.

(2)

The site shall have frontage on and direct vehicular access to an arterial or collector street.

(3)

All off-street parking areas which adjoin property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.

(4)

Traffic circulation shall be designed to minimize congestion and provide for the lining up of vehicles on the property without obstructing the free flow of traffic on adjacent streets or alleys.

Gasoline/fuel service station, subject to:

(1)

No new gasoline/food service station shall be established within 2,000 feet of a parcel containing an existing gasoline station, a parcel that has previously been used as a gasoline station and retains any right to reopen as such, or a parcel for which a building permit for the construction of a gasoline station has been issued and remains valid.

(2)

A parcel intended for a new gasoline/food service station shall not adjoin any parcel that contains residential use or is undeveloped land.

(3)

For parcels at intersections, the required street frontage shall be a minimum of 100 feet on the adjoining street and at least 75 feet on any other abutting thoroughfare.

(4)

Gasoline pumps shall be located at least 30 feet from the edge of the right-of-way of a public street.

(5)

Driveway entrances shall be located at least 30 feet from the right-of-way line of the intersection of any public streets.

(6)

Canopies over gasoline pumps shall be subject to the requirements of § 225-39 of this chapter.

(7)

All fuel, oil, propane, kerosene and similar substances shall be stored at least 25 feet from any property line.

(8)

The handling and disposal of motor oil, battery acid, tires and any other substance regulated by federal statute and the Pennsylvania Department of Environmental Protection (DEP) shall be in accordance with all permits and requirements of that agency or its successor agency. Any suspension, revocation or violation of the PADEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of Article VII of this chapter.

Greenhouse, subject to:

(1)

The minimum site for a greenhouse or horticultural nursery shall be two acres.

(2)

No storage of manure or odor- or dust-producing substances shall be permitted within 200 feet of any adjacent lot line.

(3)

No greenhouse heating plant shall be operated within 50 feet of any adjacent lot line.

(4)

No products shall be outwardly displayed or offered for sale on the premises or from the roadside.

Group care home, subject to:

(1)

Group care homes shall comply with Pennsylvania licensing requirements.

(2)

Building fire safety shall comply with the Borough's adopted commercial standards.

(3)

A detailed description of services, estimated residents, onsite personnel, and related information shall be submitted with the conditional use application.

Hospital, nursing home, subject to:

(1)

The minimum lot area required for a hospital shall be three acres. The minimum lot area required for a nursing home shall be one acre.

(2)

The property shall be served by public water and public storm and sanitary sewers.

(3)

All hospitals and nursing homes shall be licensed by the commonwealth.

(4)

Water pressure and volume shall be adequate for fire protection.

(5)

Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles.

(6)

The parking and circulation plan shall be referred to the local police department and fire company for comments regarding traffic safety and emergency access.

(7)

Nursing homes shall have a bed capacity of at least 20 beds, but no more than 200 beds.

(8)

All property lines adjacent to residential use or zoning classification shall be screened by Buffer Area B, as defined by § 225-31 of this chapter.

(9)

A private use helipad for air ambulances shall not be permitted as part of a hospital.

(10)

Disposal of medical waste shall be in accordance with all applicable permits and handling requirements of the Pennsylvania Department of Environmental Protection (DEP) and the U.S. Environmental Protection Agency (EPA).

Manufactured homes, tiny homes, mobile homes, subject to:

(1)

A detailed site plan certified by a Pennsylvania-licensed engineer shall be submitted at time of application.

(2)

The site plan shall contain the estimated number of dwelling units, manufacture's information, and building specifications for a standard dwelling unit.

(3)

All dwelling units shall be served by publicly accessible utilities (sewer, water, electric).

(4)

If multiple dwelling units are proposed, they shall be separated by a minimum distance of 20 feet.

Mining, subject to:

(1)

Mining shall be permitted to occur on a property whose overall acreage is a minimum of 10 acres or larger ("property"). Multiple property owners may combine adjoining parcels to achieve the minimum acreage required.

(2)

The minimum setbacks applicable to mining operations shall be 1,000 feet.

(3)

The conditional use application shall not be considered to be complete and properly filed unless and until all items required by this subsection, including the application fee, have been received. The conditional use application shall include the following:

(a)

Evidence of ownership and/or legal authority to occupy and utilize the surface Property for mining;

(b)

A copy of any permit and/or permit application issued by or submitted to the Pennsylvania Department of Environmental Protection ("DEP") in connection with the development on the property;

(c)

Copies of any other permit and/or permit application required by law for mining of the property;

(d)

All permits shall be maintained, commencing at site construction and continuing throughout the duration of all mining operations. Any suspension, or revocation of permits or other penalties imposed on the applicant shall be immediately reported to the Borough and shall constitute a violation of Borough zoning approval and may result in the suspension of zoning approval.

(e)

Each application for a conditional use under this section shall have attached thereto a site plan. The site plan shall be provided both in hard copy and electronically in a format prescribed by the Borough Engineer. The site plan shall be a stamped topographic plan, prepared by a professional engineer registered in the Commonwealth of Pennsylvania, to a scale no greater than one inch = 200 feet, on a standard sheet size of 25 inches high by 36 inches wide, to include the following:

[1]

Title block giving name of development, property owner, developer, north point, key location map, registration stamp, date and scale on a standard sheet size of 24 inches high by 36 inches wide, with index;

[2]

Property lines, zoning ordinance district boundary lines and total acreage of parcel proposed for development;

[3]

All existing streets, right of ways, and easements related to the development and any acreage leased in connection with the proposed mining;

[4]

Owners of adjacent properties, including the location of any existing structures and driveway locations;

[5]

The location of relevant natural features on site, including, but not limited to, streams or other natural water courses and adjacent areas which are subject to flooding, and significant stands of existing trees;

[6]

The location of relevant natural features abutting the property within 300 feet, including, but not limited to, streams or other natural water courses and adjacent areas which are subject to flooding, and significant stands of existing trees;

[7]

The proposed setback of any wellbore, wellsite, and any other disturbed area associated with the mining;

[8]

The location of all mining structures, facilities, equipment or buildings, existing or proposed within 2,000 feet of a wellsite;

[9]

The location of existing structures, buildings and accessory uses on site;

[10]

The location of proposed access roads;

[11]

The location of stormwater and sediment controls or any fresh water and waste water impoundment facilities;

[12]

The location, depth and profile of any proposed pipelines for water, gas, oil or other mineral substance;

[13]

The location, depth and profile of any existing or proposed transmission lines within 1,000 feet of the wellsite; and

[14]

A timetable for commencing and ending site preparation, drilling, hydraulic fracturing activities, oil and gas production, site restoration and well plugging.

(f)

An emergency preparedness plan shall be submitted, prepared by an expert in emergency/hazardous materials response, which plan shall be reasonably satisfactory to the Borough Police Chief, the Fire Chief and the Borough Emergency Management Coordinator;

(g)

The applicant shall post a bond or other financial security in favor of the Borough and in a form acceptable to the Borough prior to beginning operations to guarantee maintenance and repair during construction/drilling/fracturing and post-operation restoration of Borough streets which may be determined in the reasonable opinion of the Borough Engineer to be damaged as a result of traffic generated by Oil and Gas Well use generated traffic. In addition, if the Borough Engineer concludes that traffic generated by the mining operations will cause substantial damage to a Borough road, then the applicant must, before operations begin, enter into an agreement with the Borough undertaking the responsibility to repair the road to the extent determined in the reasonable discretion of the Borough Engineer, which agreement may provide for bond to be posted in excess of otherwise applicable PennDOT limits when the Borough Engineer has reasonably estimated that the cost of repair will exceed the PennDOT limits.

(h)

A ten-year master plan which shall describe and plot all well-pads, transmission lines, compression stations, processing plants, storage facilities, transportation facilities and other related infrastructure built, planned and anticipated by the applicant or related third-parties and intended to serve the mining operations located within the Borough and within one mile of its borders.

(i)

The applicant shall comply with all applicable permits and requirements of the Pennsylvania Department of Environmental Protection, the United States Environmental Protection Agency, and any other governmental authority having jurisdiction over its mining operations and with all federal, state and local laws, ordinance and regulations promulgated to protect the environment, including but not limited to the Clean Air Act, 42 U.S.C. § 7401 et seq., the Clean Water Act, 33 U.S.C. § 1251, and the Allegheny County Health Department Air Pollution Control Rules and Regulations, Allegheny County Ordinance No. 16782;

(j)

A lighting plan, demonstrating maximum feasible reduction of glare onto adjacent properties, that meets or exceeds Borough adopted performance standards relative to lighting and glare;

(k)

An odor control plan which shall demonstrate technology and controls that shall be provided to eliminate odors if perceptible on nearby occupied properties during the mining process;

(l)

The applicant shall establish a process for reasonable noise control and for responding to noise complaints. The applicant must show that all mining operations and activities within the Borough shall at all times conform to Chapter 146, Article III, of the Borough's Code of Ordinances, and to all other applicable local, county, state or federal noise regulations;

(m)

Air containment emissions, particulate and otherwise, shall be in compliance with all County Health Department, state and federal regulations;

(n)

Reports from a qualified environmental engineer attesting that the proposed location and operation will not negatively impact the Borough residents' environmental rights;

(o)

Plans for grading, revegetation, landscaping, buffer areas, stormwater control and other restoration activities at any wellsite or any other mining site that meets or exceeds Borough adopted performance standards relative to each;

(p)

If applicable, the applicant shall provide certification that a bond or other security is held by the Pennsylvania Department of Environmental Protection to ensure proper plugging when an oil and gas well is classified as inactive by the Pennsylvania Department of Environmental Protection;

(q)

Applicant shall provide adequate financial security, as determined by the Borough Engineer, to ensure restoration of the mining site once operations cease for 18 months or more. Reapplication for conditional use/approval is required after discontinuance of operations of 18 months or more;

(r)

Applicant shall separately be responsible for any other professional review fees or costs incurred by the Borough in connection with its review of the conditional use application or its component parts, which may be required to be escrowed at the Borough's sole election;

(s)

Applicant and any subcontractors associated with the development of the oil and gas well operation shall be required to sign upon receiving conditional use approval, a developers agreement, prepared by the Municipal Solicitor. Such developers agreement shall contain the conditions of approval as granted by Council and hold all parties responsible for compliance with those conditions; and

(t)

Such other information pertinent to the proposed mining as may be requested by the Borough Engineer or Zoning Officer.

Parking garage public/private, subject to:

(1)

All parking garages shall be designed to minimize traffic congestion on the site or within the garage and for traffic entering or leaving the site or parking facility.

(2)

Parking garages with street frontage in excess of a provision for ingress/egress shall incorporate commercial, residential, or mixed use space on the street level of the garage.

(3)

The design of any parking garage proposed to be located on property that adjoins a zoning district that has a residential use as a listed permitted use shall take into account the height, visual, light and air impacts on adjoining residences and shall utilize architectural materials for the exterior walls facing a zoning district that has a residential use as a listed permitted use that are compatible with the residential character of adjoining properties.

(4)

Any parking garage structure, whether proposed as a principal structure or an accessory structure, shall comply with the yard requirements for a principal structure.

(5)

Any public parking lot that is reserved for the customers or employees of a specific use and is not available to the general public shall be located within 1,000 feet of the specific use that it is intended to serve.

(6)

Any public parking lot in a zoning district that has a residential use as a listed permitted use, that is established for the use of residents of the area, shall be screened by a minimum six-foot-high, compact, dense evergreen hedge along all property lines that adjoin a residential use or any zoning district that has a residential use as a listed permitted but for the exception of pedestrian connectivity.

(7)

Driveway access to such a parking lot shall be designed to minimize conflict with any existing private driveway serving a residential lot and any existing on-street parking.

Personal care boarding home, subject to:

(1)

The applicant shall show evidence of a license from the Commonwealth of Pennsylvania, Department of Public Welfare, Personal Care Boarding Home Program and the Allegheny County Health Department prior to obtaining a certificate of occupancy and shall maintain a valid license throughout its operation.

(2)

No personal care boarding home shall be located within 1/4 mile of any other existing or proposed personal care boarding home.

(3)

The minimum lot size for a personal care boarding home shall be 1,000 square feet per client. The minimum floor area per sleeping room shall be 120 square feet per client. Bedrooms for more than one person shall have no less than 100 square feet of floor space per person.

(4)

Supervision of residents in a personal care boarding home shall be provided by responsible nonclient adults whose number shall be determined and certified by the appropriate supervisory agency(ies). The required staff supervision shall be provided on a 24-hour-a-day basis while the residents are on the premises.

(5)

Personal care boarding home operators shall be subject to all regulations of the Commonwealth of Pennsylvania, Department of Public Welfare.

(6)

Personal care boarding homes shall be subject to housing, health and fire code inspections. These inspections shall be performed by the Zoning Officer or other designated Borough official.

(7)

Adequate provisions shall be made for access by emergency medical and fire-fighting vehicles.

Public building, public safety facility, and essential services subject to:

(1)

Governmental and private sector applicants for public buildings, public safety facilities, and essential services shall be subject to a conditional use permit.

(2)

Off-street parking shall be required and calculated by the building's or service specific type of use.

(3)

All other applicable provisions of this Code shall apply depending on the building's or service specific type of use.

Retail sales, non-perishable and perishable goods in NR and CR Districts subject to:

(1)

Hours of operation that are open to the public shall be limited to 8:00 a.m. to 6:00 p.m.

(2)

Customer and delivery parking shall not disrupt neighboring properties.

(3)

Floor space for this use is limited to 1,000 square feet.

(4)

Commercial signage shall comply with the sign ordinance applicable to the NR Zoning District.

(5)

Limited to arterial or collector streets in the Borough.

Swimming pool, public (note, guidelines for accessory use swimming pools are found in Article IV), subject to:

(1)

The minimum site required shall be one acre.

(2)

The pool and bathing area shall be completely enclosed by a wall or fence so as to prevent uncontrolled access by children from the street or adjacent properties.

(3)

The area immediately outside the enclosure shall be suitably landscaped with grass, hardy shrubs and trees and shall be maintained in good condition.

(4)

All pools shall have permanent access to a public street.

(5)

The pool shall be constructed in accordance with all applicable state requirements.

(6)

No direct or sky-reflected glare, whether from floodlights or any other kind of lights, shall be visible.

Temporary uses or structures, other than construction trailers, subject to:

(1)

Temporary uses such as festivals, fairs or other similar activities sponsored by a governmental, local nonprofit, community or charitable organization shall be exempt from obtaining zoning approval from the Zoning Hearing Board, provided the Zoning Officer determines compliance with the standards of this subsection as a condition of issuing a certificate of occupancy.

(2)

Sidewalk sales, carload sales and other special promotions conducted on the site of an existing retail establishment with the permission of the landowner for a period of not more than 30 days shall not be subject to the provisions of this subsection. Any such activity which exceeds 30 days in duration shall be subject to approval under this subsection.

(3)

If applicable, a transient merchant license shall be obtained from the Borough.

(4)

Approval of temporary uses or structures shall be granted for a specific time period not to exceed six months. If continued need for the temporary use or structure on an annual basis is demonstrated by the applicant, approval may be granted for annual renewal by the Zoning Officer of the permit for the temporary use or structure, provided all conditions of the original approval are maintained.

(5)

All temporary uses or structures shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved.

(6)

A temporary use that has ceased operations cannot resume until a waiting period has passed equal to the length of time it previously operated. Total operational time shall not exceed six months of a year. A year shall be measured at the time the original temporary use began operations.

(7)

Vehicular access for all temporary uses or structures which are proposed to be accessible to the public shall be designed to minimize congestion on the lot and not impede the free flow of traffic for any other permanent use or structure on the lot.

(8)

All temporary uses or structures proposed to be used as principal uses or structures shall comply with all area and bulk regulations of the zoning district in which they are located.

(9)

All temporary uses or structures which are proposed to be used as accessory uses or structures shall comply with the requirements of the zoning district for accessory structures.

(10)

No temporary use or structure shall be located in any public right-of-way unless approved via permit by the governing entity.

(11)

Temporary uses or structures which are authorized for a particular event shall be removed within 48 hours after the completion of the event.

(12)

Temporary uses or structures which are proposed as principal uses or structures and which are accessible to the public shall provide sanitary facilities, unless such facilities already exist on the lot and are available to the customers or patrons of the temporary use or structure.

AA.

Automotive service, minor, subject to:

(1)

A automotive service, minor shall not be located within 100 feet of any residential dwelling or any zoning district that has a residential use as a listed permitted use.

(2)

A buffer shall be provided along all property lines adjoining a residential dwelling or any zoning district that has a residential use as a listed permitted use.

(3)

Storage of parts, dismantled vehicles and vehicles awaiting repair shall be kept in an enclosed building or in an outdoor area that is screened by a six-foot-high, compact, dense evergreen hedge or opaque fence.

(4)

There shall be no more than four vehicles displayed for sale on the premises at any one time.

(5)

All repair work shall be performed within an enclosed building that has adequate ventilation and fire protection provisions in accordance with the Borough Building Code.

(6)

All towed vehicles shall be stored on the premises, and no vehicle shall be stored or dismantled on any public street.

(7)

The premises shall be kept clean and shall be maintained so as not to constitute a nuisance or menace to public health or safety.

(8)

Storage, handling and disposal of hazardous materials, as defined by federal or state statute, shall comply with the current requirements of the Pennsylvania Department of Environmental Protection (PADEP) and the United States Environmental Protection Agency (EPA).

BB.

Veterinarian, animal boarding, grooming and kennel, subject to:

(1)

The minimum lot area required for a kennel with outdoor runs shall be two acres.

(2)

All outdoor kennels or runs shall be constructed for easy cleaning and shall be adequately secured by a minimum six-foot-high fence with self-latching gate.

(3)

Outdoor kennels or runs shall be located at least 200 feet from any property line adjacent to residential use or residential zoning district and at least 50 feet from any other property line.

(4)

Overnight boarding shall be permitted only within a completely enclosed building.

(5)

Kennels shall be licensed by the commonwealth and shall continue to maintain a valid license throughout the operation.

(6)

The property shall be maintained in a clean, odor-free and sanitary condition.

(7)

The maximum noise level at the property line shall be 60 dBa.

CC.

Wireless communication, subject to:

(1)

The following regulations apply to all wireless telecommunication facilities, except for small cell facilities, located outside of the public right-of-way. Facilities located in the public right-of-way must be consistent with the standards and requirements contained herein related thereto. Small cell facilities must be consistent with the standards and requirements contained in this article.

(2)

Construction standards. All wireless telecommunication facilities and support structures shall be certified by an engineer licensed in the Commonwealth of Pennsylvania to be structurally sound and, at a minimum, in conformance with all applicable building codes.

(3)

Natural resource protection standards. The location of the wireless communication facility shall comply with all natural resource protection standards established either in this Code or in other applicable regulations, including those for floodplain, wetlands, groundwater protection, and steep slopes.

(4)

Color and appearance standards. All wireless telecommunication facilities shall be painted a noncontrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission, Federal Aviation Administration, and/or by historical or architectural standards imposed under this Code. All appurtenances shall be aesthetically and architecturally compatible with the surrounding environment by the means of camouflage deemed acceptable by the Borough.

(5)

Advertising prohibited. No advertising is permitted anywhere upon or attached to the wireless telecommunication facility.

(6)

Artificial lighting restricted. No wireless communication facility shall be artificially lit except as required by the Federal Aviation Administration.

(7)

Colocation. All wireless telecommunication facilities shall be subject to the colocation requirements set forth in this Code.

(8)

Abandonment. All wireless telecommunication facilities shall be subject to the abandonment requirements set forth in this Code.

(9)

Security enclosure required. All towers and equipment shelters shall be enclosed either completely or individually. The Borough and colocators shall have reasonable access. No fence shall be required on top of a building or other structure if access to the roof or top of the structure or building is secure.

(10)

Existing vegetation and buffer plantings. Existing vegetation (trees, shrubs, etc.) shall be preserved to the maximum extent possible. Buffer plantings shall be located around the perimeter of the security enclosure as deemed appropriate by the Board. An evergreen screen may be required around the perimeter of the property in lieu of such buffer plantings.

(11)

Access control and emergency contact. "No trespassing" signs shall be posted around the wireless telecommunications facility, along with a telephone number of who to contact in the event of an emergency. Contact information must be kept current.

(12)

Jurisdictional study of potential public sites. In order to encourage the location of a wireless telecommunication facility on publicly owned property, the Borough shall undertake an identification of publicly owned properties that the Borough determines are suitable for such use. The Borough shall regularly update such identification and make the results of such available to the public.

(13)

Exemption of proof of colocation availability. Persons locating a wireless telecommunication facility upon a publicly owned property identified in the study mentioned above shall be exempted from the requirements herein regarding presentation of proof that colocation is not available. However, persons locating a wireless telecommunication facility on publicly owned property shall continue to be subject to the requirements (colocation design required) below.

(14)

Colocation design required. No new tower shall be constructed in the Borough unless such tower is capable of accommodating at least one additional wireless telecommunication facility owned by another person.

(15)

Technically suitable space. Authorization for a tower shall be issued only if there is not technically suitable space reasonably available on an existing tower or structure within the geographic area to be served.

(16)

Application requirements. With the permit application, the applicant shall list the location of every tower, building, or structure within a reasonable proximity that could support the proposed antenna. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building, or structure within such area. If another tower owned by another person within such area is technically suitable, the applicant must show that an offer was made to the owner of such tower to colocate an antenna on a tower owned by the applicant or reciprocal terms within the Borough, and the offer was not accepted. If such colocation offer has not been attempted by the applicant, then such other tower is presumed to be reasonably available. The Borough Administrator shall determine specific application requirements from time to time. Any decision to deny a request to place, construct or modify a wireless telecommunication facility and/or tower shall be in writing and supported by evidence contained in a written record.

(17)

Cessation of use. All providers utilizing towers shall present a report to the Borough notifying it of any tower facility located in the Borough whose use will be discontinued and the date the use will cease. Such report shall be filed with the Borough 30 days prior to the cessation date. If at any time the use of the facility is discontinued for 180 days, the Borough Manager (or their designee) may declare the facility abandoned. The 180-day period excludes any dormancy period between construction and the initial use of the facility. The owner/operator of the facility and of the property will receive written notice from the Borough Manager (or their designee) and be instructed to either reactivate use of the facility within 180 days or dismantle and remove the facility. If reactivation or dismantling does not occur, the Borough will either remove the facility or will contract to have the facility removed and assess the costs to the private property owner. The Borough must provide the wireless telecommunication facility owner and the private property owner 30 days' notice and an opportunity to be heard before the Zoning Hearing Board before initiating such action. After such notice has been provided, the Borough shall have the authority to initiate proceedings to either acquire the tower and any appurtenances attached thereto at the current fair market value at that time, or in the alternative, order the demolition of the tower and all appurtenances. The Borough shall provide the wireless telecommunication facility owner and the private property owner with the right to a public hearing before the Zoning Hearing Board. All interested parties shall be allowed an opportunity to be heard at the public hearing. After a public hearing is held, the Borough may order the abatement or demolition of the tower. The Borough may require the private property owner to pay for all expenses necessary to acquire or demolish the tower.

§ 225-29 Supplemental and conditional use provisions for accessory uses and structures.

The following accessory uses are permitted with supplemental restrictions or conditionally permitted as shown in the Use Table. No accessory structure shall be erected or constructed prior to the erection or construction of the principal building, except for a temporary building incidental to construction of the principal building. No accessory structure and use shall be located closer than three feet to a side or rear lot line. All accessory uses shall be located within the rear yard unless otherwise stated. No accessory structure or use shall be permitted on a parcel whereby the principal use is a nonconforming use, unless the accessory structure or use is temporary. The above conditions may be waived by the Zoning Hearing Board via a variance application.

Accessory sport facilities, indoor and outdoor - batting cages, tennis court, basketball court, racquetball court, volleyball court, all-purpose gym, football field, baseball field, soccer field, and all related sporting facilities of a similar size and scope of those listed above, subject to:

(1)

Accessory sport facilities shall not exceed 20% of the total parcel size they are located upon. In the event the principal land use is located upon multiple parcels, the maximum size of accessory sport facilities may be calculated from all parcels in use.

(2)

Enclosed, indoor sport facilities shall have an exterior finish of a similar style to the principal use's exterior finish. Exterior finishing shall compliment the principal use and be generally comparable, compatible, and complimentary to exterior finishing of neighboring uses. No metal or cinderblock structures are permitted without adequate exterior finishing.

(3)

Lighting shall be shielded to minimize impact to adjacent uses. Flood lighting is not permitted unless it poses no impact to neighboring land uses.

Borough owned maintenance facilities, subject to:

(1)

Borough owned maintenance facilities' exterior finishing shall compliment the principal use and be generally comparable, compatible, and complimentary to exterior finishing of neighboring uses. No metal or cinderblock structures are permitted without adequate exterior finishing.

Borough owned parking facilities, subject to the design requirements of §§ 225-33, 225-36, and 225-37.

Chicken coop, subject to Chapter 84, Crafton Municipal Code.

Drive-in facilities, subject to:

(1)

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.

(2)

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.

(3)

Entrances, exits and standing spaces shall be adequately indicated with pavement markings and/or directional signs.

(4)

Parking areas and circulation patterns shall be adequately striped and marked to facilitate traffic circulation on the property.

Personal parking garage — detached, subject to:

(1)

A detached parking garage shall not be greater than 20% of the principal use's total square footage.

(2)

Front entry detached garages shall be set back a minimum of 20 feet from the rear edge (the edge nearest to the property line) of public sidewalks to discourage incidental parking that obstructs the sidewalk.

(3)

Rear entry detached garages shall be set back a minimum of 10 feet from the property line and have direct legal vehicular access.

(4)

Exterior finishing shall compliment the principal use and be generally comparable, compatible, and complimentary to exterior finishing of neighboring uses. No metal or cinderblock structures are permitted without adequate exterior finishing.

Solar panels — ground-mounted, subject to:

(1)

Ground-mounted systems are permitted in all zoning districts as an accessory use to any lawfully permitted principal use on the same parcel(s).

(2)

All exterior electrical lines must be buried below the surface of the ground where possible or be placed in conduit.

(3)

Ground-mounted systems may not exceed 10 feet in height as measured from the highest point to the ground. This requirement may be waived by the Zoning Officer if he/she finds an increased height does not disturb neighboring land uses.

(4)

Ground-mounted systems may be utilized in commercial and public parking lots upon submittal and approval of engineered construction drawings and site plans to the Borough Zoning Officer. Review of said construction drawings shall be done by the Borough's licensed engineer, either on staff or third-party firm, and the proposed project shall be considered commercial pursuant to applicable building codes. Upon review of said construction drawings, the Borough Engineer shall provide recommendations to the Zoning Officer to approve the building permit outright, approve the permit with conditions, or deny the permit for cause. The Zoning Officer, Borough Engineer, and applicant are encouraged to collaborate throughout the process.

Swimming pool, indoor and outdoor, subject to:

(1)

A permit is required prior to the construction of all below-ground swimming pools with a depth greater than two feet.

(2)

Attached, indoor swimming pools shall be subject the Borough's adopted building code requirements.

(3)

Swimming pools are permitted in the side or rear yards only and must be set back at least 10 feet from side and rear property lines.

(4)

Every swimming pool shall be provided with a suitable draining method, and in no case shall waters from any pool be drained into the sanitary sewer system, onto lands of other property owners adjacent to land on which the pool is located, or in the general vicinity.

(5)

Swimming pools with a depth of more than two feet must be enclosed by a protective fence at least four feet in height. The fence must include self-closing, lockable gates or entrances when the pool is not tended by a lifeguard or an adult occupant of the principal residential structure. Openings in the barrier shall not allow passage of a four-inch or greater diameter sphere. Solid barriers, that do not have openings, such as masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacings between vertical members shall not exceed 1.75 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches in width.

(6)

Maximum mesh size for chain-link fences shall be a square of 2.25 inches unless the fence is provided with slats fastened at the top or the bottom that reduce the openings to not more than 1.75 inches.

(7)

Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall not be more than 1.75 inches.

(8)

Access gates shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate, the release mechanism and openings shall be located on the pool side of the gate at least three inches below the top of the gate and the gate and barrier shall have no opening greater than 0.5 inch within 18 inches of the release mechanism.

(9)

Where a wall of a dwelling serves as part of the barrier, one of the following conditions shall be met:

(a)

The pool shall be equipped with a powered safety cover in compliance with ASTM F1346; or

(b)

All doors with direct access to the pool through that wall shall be equipped with an alarm that produces an audible warning when the door and its screen, if present, are opened. The alarm shall sound continuously for a minimum of 30 seconds immediately after the door is opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as touchpad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last for not more than 15 seconds. The deactivation switch(es) shall be located at least 54 inches above the threshold of the door; or

(c)

Other means of protection, such as self-closing doors with self-latching devices, that are approved by the Building Inspector, shall be acceptable so long as the degree of protection afforded is not less than the protection afforded by Subsection C(8)(a) or (b) described above.

Boats and recreational vehicle storage, and temporary portable storage containers, subject to:

(1)

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.

(2)

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.

(3)

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.

(4)

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.

(5)

A permit shall be required to park a temporary storage container on a Borough street or alley. All necessary and reasonable precautions shall be taken to minimize obstructing traffic and traffic vision.

(6)

A storage permit for a boat and/or recreational vehicle is required subject to Crafton Municipal Code, § 214-93.

Accessory dwelling units. As of the date of this chapter, no accessory building may be used as a residential unit. Any existing accessory building used as a residential unit at the time of the adoption of this Code shall be deemed to be a legal nonconforming use and building and shall comply with all provisions of this Code from that date forward.

Crafton City Zoning Code

ARTICLE III

§ 225-25 Applicability.

§ 225-26 Procedures for approval.

§ 225-27 General standards.

§ 225-28 Specific use standards for conditional uses, special exceptions, and permitted uses with supplementary regulations.

§ 225-29 Supplemental and conditional use provisions for accessory uses and structures.