Dormont City Zoning Code
ARTICLE III
Specific Use Regulations
§ 210-301 Permitted uses with conditions (PC).
Certain uses in the above use tables are designated as permitted uses with conditions (PC). These uses are permitted as of right as long as the Zoning Officer determines that the use as proposed meets all of the conditions set forth herein.
§ 210-302 Uses by special exception (SE).
Certain uses in the above use tables are designated as use by special exception. These uses are not permitted as of right and require a determination that they satisfy the following general standards and comply with the standards specific to each use herein. The application and review procedures are set forth in Article IX below.
A.
A use by special exception shall comply with and satisfy all of the following general standards:
(1)
The use shall not endanger the public health, safety or welfare nor deteriorate the environment, if it is located on the property where it is proposed;
(2)
The use shall comply with the performance standards and all generally applicable regulations in Article VI below;
(3)
Ingress, egress and traffic circulation on the property shall be designed to ensure safety and access by emergency vehicles and to minimize congestion and the impact on local streets; and
(4)
For all uses that are subject to the requirements of the Americans with Disabilities Act (ADA), the applicant shall certify that all applicable ADA requirements have been met in the design.
B.
A use by special exception shall comply with and satisfy all standards applicable to that use.
§ 210-303 Adult businesses (SE).
A.
Adult businesses are not permitted in any zoning district other than the C Commercial District and, within that zoning district, shall not be located within 500 feet of a religious assembly use; public or private pre-elementary, elementary or secondary school; public library; child-care facility or nursery school; or public park, as measured in a straight line from the nearest portion of the building or structure containing the adult business to the nearest property line of the premises of any of the above listed uses.
B.
An adult business shall not be located within 1,000 feet of any other adult business measured in a straight line from the closest exterior wall of the building or structure in which each adult business is located.
C.
No more than one adult business shall be located in the same building, structure or portion thereof, nor shall any adult business increase its floor area into any building, structure or portion thereof containing another adult business.
D.
An adult business lawfully operating as a conforming use shall not be rendered a nonconforming use by the location, subsequent to the grant or renewal of the adult business permit of a religious assembly; public or private pre-elementary, elementary or secondary school; public library; child-care facility or nursery school; or public park within 500 feet. This provision applies only to the renewal of a valid permit and shall not apply when an application for a permit is submitted after a permit has expired or has been revoked.
E.
Any adult business, other than an adult motel, that exhibits on the premises, in a viewing room (a separate compartment or cubicle) of less than 150 square feet of floor space, a film or videocassette or other video or image production or reproduction that depicts nudity or sexual conduct, as defined herein, shall comply with the following:
(1)
At least one employee shall be on duty and shall be situated in each manager’s station at all times that any patron is present inside the premises.
(2)
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms shall not contain video reproduction or viewing equipment. If the premises has two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection shall be by direct line of sight from the manager’s station.
(3)
It shall be the duty of the owners and operators and any agents and employees present on the premises to ensure that the viewing area remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises that has been designated in the application submitted to the Borough as an area in which patrons will not be permitted.
(4)
No viewing room shall be occupied by more than one person at any time. No connections or openings to an adjoining viewing room shall be permitted.
(5)
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place in which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level. It shall be the duty of the owners and operators and any agents and employees present on the premises to ensure that the illumination is maintained at all times that any patron is present on the premises.
(6)
If live performances are to be given, the premises in which such live performances are to be offered shall contain a stage separated from the viewing area, and the viewing area shall not be accessible to the performers, and the performers shall not have easy access to the viewers present.
(7)
Liquor or intoxicating beverages shall not be sold on the premises for which the permit is sought.
(8)
The applicant shall agree to renew the certificate of occupancy in accordance with the requirements for annual renewal as set forth in the Code of the Borough.
§ 210-304 Human and animal care uses.
A.
Hospital, clinic or nursing home (SE).
(1)
The minimum lot area required for a hospital shall be five acres. The minimum lot area required for a clinic or 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 adjoining a residential use or any zoning district that has a residential use as a listed permitted use shall be buffered.
(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 (PADEP) and the United States Environmental Protection Agency (EPA).
B.
Kennel or veterinary clinic (PC).
(1)
The minimum lot area required shall be 6,000 square feet.
(2)
Outdoor kennels or runs shall not be permitted.
(3)
Overnight boarding of animals, other than for medical supervision, shall not be permitted.
(4)
Kennels shall be licensed by the commonwealth and shall continue to maintain a valid license throughout their operation. Any suspension of the license shall be a violation of this article and shall be subject to the enforcement provisions of this code.
(5)
Odors shall be controlled so as to comply with the performance standards of this code.
C.
Funeral home (SE).
(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 that adjoin property in any zoning district that has a residential use as a listed permitted use shall be screened by a minimum four-foot-high, compact evergreen hedge.
(4)
Traffic circulation on the lot shall be designed to minimize congestion and provide for the queuing of vehicles on the property without obstructing the free flow of traffic on adjoining streets or alleys.
§ 210-305 Institutional and public uses (SE).
A.
The minimum lot area required for any school shall be one acre; provided, however, that the minimum lot area for a college shall be 10 acres.
B.
Not more than 10 persons shall reside in a residential facility (such as a convent or monastery) that is accessory to a religious assembly use.
C.
A dwelling (such as a manse or parsonage) may be located on the same lot with a religious assembly use, provided that all requirements of this article for one-unit dwellings in the zoning district can be met in addition to the minimum lot area, lot width and yard requirements applicable to the religious assembly use on the lot.
D.
If a school includes dormitories, the dormitories shall be buffered along any property line adjoining one-unit dwelling or any zoning district that has a residential use as a listed permitted use.
E.
Ingress and egress to and from police and fire stations shall be located so to maximize sight distance along adjacent public streets and to enhance safety for vehicles exiting the property.
F.
Fire stations, police stations and municipal maintenance facilities shall be located on the property so that vehicles and equipment can be maneuvered on the property without interrupting traffic flow or blocking public streets.
§ 210-306 Outdoor displays (PC).
A.
Outdoor display of retail goods, wares and merchandise are permitted accessory uses in the C Zoning District.
B.
Such outdoor display must be customarily incidental to a principal use in the district in which the outdoor display is permitted.
C.
Such outdoor display is permitted in any yard, subject to a minimum setback of 20 feet from an adjoining property line.
D.
All outdoor displays must be located on the same zoning lot as the principal use.
E.
Areas used for such display shall be furnished with an all-weather, hard surface of a material such as bituminous or portland cement, concrete or permeable pavement.
F.
Areas designated for required off-street loading, parking and handicap parking shall not be used for such outdoor display.
G.
Such display shall not violate applicable federal, state, or local laws specific to the use of solid, liquid and gaseous chemicals, materials or products.
§ 210-307 Recreation uses.
A.
Commercial recreation, outdoor (SE).
(1)
The minimum lot area required for outdoor recreation facilities shall be one acre. All indoor facilities shall meet the minimum lot area required for the zoning district in which the property is located.
(2)
The property shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this code.
(3)
The property shall be served by public water and public storm and sanitary sewers.
(4)
Adequate sanitary facilities available to the public shall be provided.
(5)
Outdoor speakers shall not be permitted if there are dwellings within 500 feet of the property in any direction. If outdoor speakers are allowed, the volume and direction shall be regulated to minimize impact on adjoining properties.
(6)
Location of buildings and facilities, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(7)
Any outdoor facility shall be completely enclosed by a fence that is at least six feet in height with one or more locking gates that shall remain secured when the facility is not in use.
(8)
Any outdoor facility located within 200 feet of a residential use shall cease operations no later than 11:00 p.m.
(9)
Any use that includes eating or drinking facilities shall be subject to the parking requirements for that use in addition to the parking requirements for the recreational use.
(10)
Maintenance vehicles shall be stored within a completely enclosed building.
(11)
Outdoor storage of materials or equipment, other than maintenance vehicles, shall be permitted only if the storage area is completely enclosed by a minimum six-foot-high fence with locking gate and is screened by one-hundred-percent opaque screening material placed in the fencing or by a six-foot-high, compact, dense evergreen hedge.
(12)
Any area of the building that is used for business offices shall comply with the parking requirements of Article XII of this chapter for that use. Any area of the building that is used for storage of material, vehicles or other equipment shall provide one parking space for each 1,500 square feet of gross floor area devoted to that use.
B.
Indoor and outdoor courts and other recreational facilities, batting cages, picnic areas and playgrounds (SE).
(1)
The use shall comply with the performance standards of this code.
(2)
Any outdoor facility located within 200 feet of a residential use shall cease operations at 11:00 p.m.
(3)
The volume and direction of outdoor speakers shall be designed to minimize the impact on adjoining properties. Outdoor speakers shall not be used after 10:00 p.m., Sunday through Thursday, and shall not be used after 11:00 p.m. on Friday and Saturday.
(4)
The location of buildings and structures shall be designed to minimize the impact on adjoining residential uses.
(5)
A buffer shall be provided along all property lines adjoining property in the R-A and R-S Districts where structures or parking related to the authorized conditional uses in the public park are located within 100 feet of the property line.
C.
Noncommercial recreation (PC).
(1)
All principal structures shall be located at least 30 feet from any property line.
(2)
A buffer shall be provided along all property lines adjoining a residential use or any zoning district that has a residential use as a listed permitted use.
(3)
The use shall comply with the performance standards of this code.
(4)
All lighting shall be shielded away from adjoining streets and properties.
(5)
Any outdoor facility located within 200 feet of a residential use shall cease operations at 11:00 p.m.
§ 210-308 Residential uses.
A.
Conversion of one-unit, two-unit and multi-unit dwellings (PC).
B.
Group care facility, personal care boarding home or transitional dwelling (SE).
(1)
In the R-C District, a group care facility or personal care boarding home shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this code.
(2)
In the R-C District, the maximum number of residents permitted in a group care facility or personal care boarding home shall be 10 residents.
(3)
No group care facility, personal care boarding home or transitional dwelling shall be located within 1,000 feet of another existing or proposed group care facility, personal care boarding home or transitional dwelling.
(4)
Adequate provisions shall be made for access for emergency medical and firefighting vehicles.
(5)
Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.
(6)
Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs, and the area shall be secured by a fence with self-latching gate.
(7)
Where applicable under Pennsylvania law, licensing or certification by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy, and a copy of the annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.
C.
Home occupations (PAC).
(1)
The home occupation shall be carried out by a member of the household residing in the dwelling unit, and no one who is not a resident of the dwelling unit shall be employed in the dwelling unit in association with the home occupation.
(2)
No more than 20% of the gross floor area of the principal dwelling shall be devoted to the conduct of the home occupation.
(3)
There shall not be in-person pickup of goods.
(4)
There shall be no display of merchandise available for sale on the premises; however, merchandise may be stored on the premises for delivery off the premises.
(5)
Exterior displays or signs, other than those permitted by § 210-81F of this chapter, exterior storage of material, variation from the residential character of the principal structure or any other exterior indication of the home occupation shall not be permitted.
(6)
The use shall not require internal or external alterations or construction features that are not customary to a dwelling or that change the fire rating of the structure.
(7)
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. The use shall comply with the performance standards of this code.
(8)
The use shall not significantly intensify vehicular or pedestrian traffic beyond that which is normal for the residences in the neighborhood.
(9)
There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.
(10)
The use shall not cause an increase in the use of water, sewerage, electricity, garbage, public safety or any other municipal services beyond that which is normal for the residences in the neighborhood.
(11)
Any home occupation where customers, clients or students routinely visit the premises shall provide a paved, off-street parking area in accordance with the requirements for the specific use.
(12)
There shall be no storage of materials that could pose a threat to public health or safety, such as large quantities of explosive, unstable, or flammable substances.
(13)
The following uses shall not be considered home occupations and shall be restricted to the zoning districts in which they are specifically authorized as permitted uses, conditional uses or uses by special exception:
(a)
Beauty shops or barbershops containing more than one chair.
(b)
Clinics, hospitals or nursing homes.
(c)
Funeral homes.
(d)
Group care facility, personal care boarding home or transitional dwelling.
(e)
Kennels, veterinary offices and clinics.
(f)
Private clubs.
(g)
Private instruction to more than two students at a time.
(h)
Restaurants.
(i)
Tourist or boarding home, other than bed-and-breakfast.
(j)
Vehicle or equipment rental, repair or sales.
(k)
Vehicle repair garages.
D.
Family day-care home (PC).
(1)
An adequate outdoor play area shall be provided and shall be secured by a fence with a self-latching gate. Such play area shall be screened from adjoining residential dwellings by a minimum four-foot-high, compact, dense evergreen hedge or opaque fence.
(2)
A safe area shall be provided for dropping off and picking up children that does not obstruct the free flow of traffic on any public street.
(3)
The family day-care home shall be licensed or registered by the commonwealth, as required by the laws of the commonwealth, and the continued compliance with the license or registration and all applicable laws of the commonwealth shall be maintained throughout the operation of the family day-care home.
(4)
All applicable criteria herein for a home occupation shall be met.
E.
Day-care center, preschool or nursery school (SE).
(1)
The facility shall be registered with or licensed by the commonwealth, if applicable.
(2)
In any zoning district that has a residential use as a listed permitted use, the facility shall be permitted to be located only in a religious assembly use or school.
(3)
Outdoor play areas shall be provided that shall have a minimum area of 65 square feet per child and that shall be secured by a fence with self-latching gate.
(4)
Outdoor play areas that adjoin residential uses shall be buffered.
(5)
The general safety of the property proposed for a day-care center, nursery school or preschool facility shall meet the needs of small children.
(6)
Off-street parking shall be provided in accordance with the requirements of Article XII of this chapter.
F.
Boardinghouse (SE).
(1)
Each sleeping unit shall contain a minimum of 200 square feet of gross area.
(2)
Each sleeping unit shall have a separate entrance, either directly from the outside or from a common corridor inside the dwelling.
(3)
One and one-half off-street parking spaces shall be provided for each sleeping unit. The paving and design of the off-street parking spaces shall be in accordance with the requirements of Article XII of this chapter.
(4)
Where three or more off-street parking spaces are provided, the parking area shall be screened from adjoining residential properties by a four-foot-high, compact, dense evergreen hedge.
§ 210-309 Temporary uses or structures other than construction trailers (PC).
A.
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 that the Zoning Officer determines compliance with the standards of this section as a condition of issuing a certificate of occupancy.
B.
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 section. Any such activity that exceeds 30 days in duration shall be subject to approval under this section.
D.
In the C Zoning District, preparation and/or serving of food in an outdoor setting shall be permitted only if all of the following requirements are met:
(1)
The preparation and serving of food that is part of a special event that does not exceed 72 consecutive hours in duration shall be exempt from the requirement to obtain approval of a use by special exception under this section; however, an occupancy permit shall be obtained from the Borough Zoning Officer subject to the applicant demonstrating compliance with the applicable standards and criteria herein.
(2)
All applicable requirements of the Allegheny County Health Department shall be met.
(3)
The preparation and serving of food shall not be permitted on any vacant lot and shall only be permitted on the site of an existing business.
(4)
The area used for preparing and serving the food shall not obstruct any sidewalk or public right-of-way, nor shall it obstruct the free flow of pedestrian or vehicular traffic on the site or adjoining the site. On any sidewalk, there shall be maintained a minimum of five feet of unobstructed width for the passage of pedestrians, and in the case where there is parallel parking permitted along such sidewalk, a minimum of four feet adjacent to the curb to permit the discharging of passengers shall be provided. These required unobstructed areas on the sidewalk may be combined into one area at least five feet wide along the curb.
(5)
No noise or odor shall emanate from such outdoor area where food is prepared and/or served that adversely affects any adjoining property with residential uses within 300 feet of the outdoor area.
(6)
The area used for preparing and serving food shall not eliminate the availability of any existing parking spaces on the site.
(7)
The activity shall comply with all applicable requirements of the Uniform Construction Code.
(8)
The site intended to be used for the preparation and/or serving of food shall provide restroom facilities available to the public, unless the existing business on the site has restroom facilities that will be available to the public visiting the temporary use.
(9)
The owner of the existing business or the operator of the temporary use involving the preparation and/or serving of food in an outdoor setting shall provide the Borough with a certificate of insurance, in an amount at least equal to $2,000,000 per occurrence and $3,000,000 aggregate, indemnifying the Borough against any liability resulting from such use.
E.
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 that all conditions of the original approval are maintained.
F.
All temporary uses or structures shall be removed within 48 hours of the expiration of the specific period for which the structure or use is approved.
G.
All temporary uses or structures that are proposed to be accessible to the public shall provide off-street parking in accordance with this code.
H.
Vehicular access for all temporary uses or structures that 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.
I.
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. All temporary uses or structures that are proposed to be used as accessory uses or structures shall comply with the requirements of the zoning district for accessory structures. No temporary use or structure shall be located in any public right-of-way.
J.
Temporary uses or structures that are proposed as principal uses or structures and that 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.
§ 210-310 Vehicular uses (SE).
A.
Car washes.
(1)
All automated washing facilities shall be in a completely enclosed building. All other car washing facilities shall be under a roofed structure that has at least two walls.
(2)
Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets, alleys or adjacent property.
(3)
Standing spaces shall be provided in accordance with the requirements specified herein for drive-in businesses.
(4)
The facility will be connected to public sanitary sewers. No drainage will be permitted to infiltrate the storm sewer system.
(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 that also dispenses gasoline shall meet all applicable requirements of gasoline stations herein.
B.
Vehicle sales and service.
(1)
New and used vehicle sales and service establishments shall be limited to those establishments that are factory authorized dealerships or that have obtained a license from the Commonwealth of Pennsylvania to operate a used car dealership, provided that the used car sales are part of and immediately adjacent to an establishment that sells new vehicles.
(2)
The minimum lot area shall be one acre, and all vehicle sales establishments shall have at least 1,000 square feet of lot space for every one vehicle displayed on the premises.
(3)
The property shall have frontage on and direct vehicular access to an arterial or collector street.
(4)
The area used for display of merchandise offered for sale and the area used for parking of customer and employee vehicles shall be continuously paved and maintained in either concrete over a base of crushed stone compacted to not less than six inches in depth or other surfacing of equivalent or superior character as approved by the Borough Engineer.
(5)
The handling and disposal of motor oil, battery acid and any other substance regulated by federal statute and the Pennsylvania Department of Environmental Protection (PADEP) 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 code and shall be subject to the enforcement provisions of this code.
(6)
All lots used for the outdoor display of vehicles shall have a completely enclosed building on the same lot that has not less than 2,000 square feet of gross floor area where all sales, servicing, repair and customer car washing shall be performed.
(7)
Customer car washing areas shall discharge into public sanitary sewers.
(8)
No vehicle offered for sale shall be parked on adjacent property or in any public street right-of-way.
(9)
No vehicle shall be displayed or offered for sale that does not have a current registration and inspection sticker and all of the mechanical and body components necessary for the safe and lawful operation thereof on the streets and highways of the commonwealth.
(10)
All lights and light poles shall be located at least 10 feet from any street right-of-way or property line, and all lighting shall be shielded and reflected away from adjacent streets and properties.
(11)
No oscillating or flashing lights shall be permitted on the lot, on any of the structures or poles on the lot or on any merchandise displayed outdoors.
(12)
No strings of lights or flags, flashers or other display paraphernalia shall be permitted on the lot, on any of the structures or poles or on merchandise displayed outdoors, except for such signs as may be otherwise allowed by Article XIII of this chapter.
(13)
All required off-street parking spaces shall be reserved exclusively for the parking of customer and employee vehicles and shall not be used for the display of merchandise.
(14)
Customer vehicles with external damage awaiting repairs shall be located either inside a building or in an outdoor area in the rear yard that is screened by a six-foot-high compact hedge or opaque fence.
(15)
A buffer shall be provided along all property lines adjoining a residential use or zoning classification.
C.
Service station.
(1)
All minor repair work, vehicle washing, waxing, detailing, lubrication and installation of parts and accessories shall be performed within an enclosed building.
(2)
All vehicle parts, dismantled vehicles and similar materials shall be stored within an enclosed building or totally screened from view by a minimum four-foot-high opaque fence.
(3)
All vehicles awaiting repair shall be stored on the lot in an approved storage area, and in no case shall said vehicles be stored on or obstruct access to a public right-of-way.
(4)
All fuel, oil and similar substances shall be stored at least 25 feet from any property line.
(5)
The handling and disposal of motor oil, battery acid and any other substance regulated by federal statute and the Pennsylvania Department of Environmental Protection (PADEP) 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 code and shall be subject to the enforcement provisions of this code.
(6)
A buffer shall be provided along all property lines adjoining a residential use or district where a residential use is a permitted principal use.
D.
Gasoline stations.
(1)
No gasoline or petroleum dispensing pump shall be located within 15 feet of a public right-of-way, or within 25 feet of any zoning district with a permitted residential use, except where such pump is located within an enclosed building.
(2)
Canopies may be erected over service station pump islands, provided that no canopy shall be closer than 10 feet to the public right-of-way and provided that vertical supports for the canopy shall not be closer than 15 feet to the public right-of-way.
(3)
Canopies located in a required yard shall not exceed 18 feet from ground level.
E.
Vehicle repair garage.
(1)
A vehicle repair garage 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.
(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).
F.
Public or private parking lot or parking garage.
(1)
All public or private parking lots or parking garages, other than a public parking lot for residential use only in a zoning district that has a residential use as a listed permitted use, shall be designed to have direct vehicular access to an arterial or collector street.
(2)
All public or private parking lots or 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.
(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 private 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 500 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 four-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 use. 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.
G.
Reverse vending machines or minor recycling facilities.
(1)
The reverse vending machine or minor recycling facility shall be located on the site of an existing commercial establishment or an existing public use or nonprofit community organization.
(2)
The reverse vending machine or minor recycling facility shall not obstruct vehicular or pedestrian circulation on the site and shall not occupy any required parking spaces, loading berths or driveways or other maneuvering areas required for the existing principal use on the site.
(3)
The reverse vending machine or minor recycling facility shall be constructed and maintained with a durable waterproof and rustproof material and shall be maintained in a clean, litter-free condition daily.
(4)
As a minimum, the reverse vending machine or minor recycling facility shall maintain the same operating hours as the existing principal use on the site.
(5)
The area shall be clearly marked to identify the type of materials to be deposited, operating instructions and the identity and phone number of the operator or responsible person to call if the facility is inoperative.
(6)
The area shall be illuminated for safe operation if the operating hours include any time after dusk.
(7)
All materials shall be stored in a completely enclosed container.
(8)
No power-driven processing equipment, other than the reverse vending machines, shall be permitted.
(9)
Such use shall not be located within 300 feet of any residential dwelling in an R-A or R-S Zoning District.
(10)
At least two off-street parking spaces shall be provided on the site in addition to the parking spaces required for the existing principal use. These two spaces shall be located within 50 feet of the reverse vending machine or minor recycling facility and shall be marked for that use.
§ 210-311 Wholesale sales (PC).
A.
The area devoted to wholesale sales shall have an approved loading area that is designed to minimize congestion on adjacent streets.
B.
All materials and equipment shall be stored within a completely enclosed structure.
C.
No shipping or receiving shall be permitted within 300 feet of any property in any zoning district that has a residential use as a listed permitted use between the hours of 7:00 p.m. and 7:00 a.m.
D.
All shipping and receiving facilities adjoining a residential use or any zoning district that has a residential use as a listed permitted principal use shall be screened by a six-foot hedge or opaque screening fence.
E.
Wholesale sales that involve on-site storage shall be accessory to a lawful retail use and shall not exceed 25% of the gross sales of the retail business.
F.
The gross floor area devoted to wholesale sales that involves on-site storage shall not exceed the gross floor area devoted to the retail business.
G.
The storage or handling of hazardous or potentially hazardous materials shall not be permitted.
§ 210-312 Wireless telecommunications facilities (SE).
A.
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.
B.
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.
C.
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.
D.
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.
E.
Advertising prohibited. No advertising is permitted anywhere upon or attached to the wireless telecommunication facility.
F.
Artificial lighting restricted. No wireless communication facility shall be artificially lit except as required by the Federal Aviation Administration.
G.
Co-location. All wireless telecommunication facilities shall be subject to the co-location requirements set forth in this code.
H.
Abandonment. All wireless telecommunication facilities shall be subject to the abandonment requirements set forth in this code.
I.
Security enclosure required. All towers and equipment shelters shall be enclosed either completely or individually. The Borough and co-locators 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.
J.
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.
K.
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.
L.
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.
M.
Exemption of proof of co-location 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 co-location is not available. However, persons locating a wireless telecommunication facility on publicly owned property shall continue to be subject to the requirements (co-location design required) below.
N.
Co-location 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.
O.
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.
P.
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 co-locate an antenna on a tower owned by the applicant or reciprocal terms within the Borough, and the offer was not accepted. If such co-location 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.
Q.
Cessation of use.
(1)
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.
(2)
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.
(3)
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.
§ 210-313 Small cell facilities (SE).
B.
Applicability. These standards apply to all small cell antenna facilities for placement on Borough-owned and non-Borough-owned poles in the public right-of-way.
C.
Application requirements.
(1)
Drawings. The applicant must submit fully dimensioned site plans, elevation drawings and structural calculations prepared, sealed, stamped and signed by a professional engineer licensed and registered by the Commonwealth of Pennsylvania.
(2)
Drawings must depict any existing wireless facilities, with all existing transmission equipment identified; other improvements; the proposed facility with all proposed transmission equipment and other improvements; and the boundaries of the area surrounding the proposed facility and any associated access or utility easements and setbacks.
(3)
Photo simulations. For all applications, photo simulations from at least three reasonable line-of-sight locations near the proposed project site are required as an appendix to the application. The photo simulations must be taken from the viewpoints of the greatest pedestrian or vehicular traffic. The angle between the viewpoints of the photo simulations must be at least 90° or greater and provide a full profile depiction.
(4)
Equipment specifications. For all equipment depicted on the plans, the applicant must include:
D.
Standards for all small cell antenna facilities.
(1)
Location.
(a)
Small cell antenna facilities may be attached to existing utility and/or light poles.
(b)
Small cell antenna facilities may be installed as integrated components of new poles.
(c)
A new pole is only permitted to be installed on the public right-of-way if more than 100 feet from any existing utility and/or light pole or as a replacement of an existing utility and/or light pole.
(d)
The Borough desires and encourages co-locations between limited numbers of multiple separate wireless service providers on the same support structure whenever feasible. If the applicant chooses not to co-locate when options appear available, demonstrative proof must be provided as to why co-location is not feasible.
(2)
Obstructions. Any new small cell antenna facility and other improvements associated with a new facility must not obstruct:
(a)
Access to any aboveground or underground infrastructure for traffic control, streetlight or public transportation, including, without limitation, any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, or barricade reflectors;
(b)
Access to any public transportation vehicles, shelters, street furniture or other improvements at any public transportation stop, including, without limitation, bus stops, streetcar stops, and bike share stations;
(c)
Access to aboveground or underground infrastructure owned or operated by any public or private utility agency;
(d)
Access to any fire hydrant;
(e)
The flow of pedestrian traffic in regards to appropriate sidewalk spacing and applicable regulations of the Americans with Disabilities Act;
(f)
Access to any doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building appurtenant to the right-of-way; and/or
(g)
Access to any fire escape.
(3)
Antenna. The antenna must be top-mounted and concealed within a radome that also conceals the cable connections, antenna mount, and other hardware. GPS antennas must be placed within the radome or directly above the radome not to exceed six inches. The radome or side-mounted antenna and GPS antenna must be nonreflective and painted or otherwise colored to match the existing pole.
(4)
Concealment. Applicants must conceal elements into the proposed design. Concealment will include approved camouflage or shrouding techniques.
(5)
Utility lines. New service lines must be routed underground whenever possible to avoid additional overhead lines. For metal poles, undergrounded cables and wires must transition directly into the pole base without any external junction box.
(6)
Lights. Unless otherwise required for compliance with FAA or FCC regulations, the facility shall not include any permanently installed lights. Any lights associated with the electronic equipment shall be appropriately shielded from public view. This subsection is not meant to prohibit installations on poles also mounted by streetlights or installations of luminaires or additional streetlighting on new poles when required by the Borough.
(7)
Generally applicable health and safety regulations. All facilities shall be designed, constructed, operated, and maintained in compliance with all generally applicable health and safety standards, regulations, and laws, including without limitation all applicable regulations for human exposure to electromagnetic emissions.
E.
Standards for small cell antennas mounted on existing poles.
(1)
All equipment, other than the antenna(s), electric meter and disconnect switch, must be concealed within an equipment shroud not to exceed 24 inches in diameter by 60 inches in height.
(2)
The equipment shroud must be installed no lower than 15 feet above ground level.
(3)
The equipment shroud must be nonreflective and painted, wrapped, or otherwise colored to match the existing pole.
(4)
If mounted on the crown of an existing pole, new equipment may not cause an increase in the height of the existing pole of more than five feet.
(5)
It is preferred that equipment shrouds be mounted flush to the pole, subject to the pole owner’s approval. Standoff mounts are permitted for the equipment shroud but may not exceed six inches and must include metal flaps or wings to conceal the space between the shroud and the pole.
(6)
Cabling traversing the pole shall be covered using minimum two inches in diameter U-guard of steel or aluminum construction. Cabling entering and exiting the radio shroud must be adjacent to the pole.
F.
Standards for small cell antennas mounted within new and replacement poles.
(1)
Height.
(a)
New and/or replacement poles may have ground-mounted cabinets for small cell antenna equipment.
(b)
New and/or replacement poles may have elevated equipment areas.
(c)
New and/or replacement poles shall not exceed 115% of the height of the existing pole to be replaced, 100% of the height of adjacent existing poles, or 39 feet, whichever is least.
(2)
Diameter. New and replacement poles may not exceed 24 inches in diameter.
(3)
Poles.
(a)
The provider shall purchase the new or replacement pole and shall be responsible for the maintenance of the pole during the period of occupancy by the service provider; ownership of the pole will be vested with the Borough.
(b)
New and replacement poles must match adjacent poles in style and form (round, octagonal, fluted, tapered, etc).
(c)
New and replacement poles must be constructed of aluminum or steel.
(d)
New and replacement poles should be black in color, using Gloss Black No. 17038 per Federal Color Standard 595, unless another color and/or texture better imitates the existing pole.
(e)
New and replacement poles must include blank connections (handholds and J-hooks) for Borough-permitted uses, such as cameras, food truck connections, wi-fi, and wayfinding signage or banners. Smart poles are considered to be a suitable replacement for both ornamental and wood poles.
(4)
Streetlighting.
(a)
Where an existing pole includes a streetlighting luminaire, the replacement pole must include a streetlighting luminaire that matches the style of adjacent streetlighting luminaires and is approved by the Borough.
(b)
The replacement luminaire must direct light on the sidewalk and/or roadway, as appropriate, and not cause nuisance glare beyond the right-of-way.
(c)
The lamp should be of a correlated color, temperature, brightness, and lifespan approved by the Borough.
Standard | Towers | Antennas |
Zoning districts where permitted | CD; also permitted on a public property in any zoning district | CD; permitted on any public property in any zoning district; permitted on any nonresidential building in any zoning district; permitted on any residential building of 4 or more stories in any zoning district |
Permitted types | Monopoles, lattice towers, and guyed towers, | Roof-mounted only |
Maximum height | 120 feet | 15 feet |
Minimum setback | 200 feet from any zoning district that has a residential use as a listed permitted use | 15 feet from the roof edge or building parapet wall |
Accessories | Equipment shelter house must meet all standards for an accessory use in the C Zoning District | None permitted |
Access | Vehicular access to the equipment shelter shall be provided via existing circulation system on the property and be paved with asphalt or concrete | Access required to rooftop |