1.   The following standards shall apply to all accessory structures within the Borough:

      1.   All accessory structures shall, at a minimum, adhere to the building setbacks in the zoning districts in which they are situated.

      2.   Accessory structures shall not be located in the front yard.

      3.   Accessory structures occupying building footprints less than 800 square feet may locate up ten feet from the rear property line.

      4.   Sheds occupying less than 100 square feet of footprint may locate up five feet from the side and rear property lines.

   2.   The following standards shall apply to all accessory structures located within R-2 and P Districts and shall apply to all parcels of which single-family or duplex structures constitute the principle use:

      1.   Maximum height from average grade of ground: 14 feet.

      2.   Maximum square footage of building footprint: 500 square feet or the equivalent square footage of the principle structure’s building footprint, whichever is greater; up to 1,200 square feet.

      3.   Only one accessory structure in addition to one shed, as an accessory structure shall be permitted for each principle use.

      4.   Accessory structures shall be located on the same lot as the principle use to which said structure is an accessory. Accessory structures may be permitted on lots immediately adjacent to the lot bearing the principle use when a zoning permit is issued conditioned upon the following statement which shall appear on said permit: “The lot on which the approved structure is to be constructed, if conveyed to subsequent ownership, shall be conveyed to the same ownership as the property on which the principle use rests. Where the subject lots are conveyed to separate ownership, the approved accessory structure shall be demolished or approved as a principle use by the Zoning Officer in accordance with the East Allegheny Joint Zoning Ordinance.”

   3.   The following shall constitute accessory uses authorized within R-2 and P Districts and shall apply to all parcels of which single-family or duplex structures constitute the principle use:

      1.   The use of no more than one accessory structure to be rented to an individual or individuals other than the occupant for purposes of storing materials customarily accessory to a residential use.

      2.   Home occupations as authorized in § 27-903.

      3.   Breeding and boarding of no more than one litter per year of dogs, cats, or other customary domestic pets.

      4.   Residential storage; garages; pools; decks; similar uses; and shelter for domestic pets and children’s play equipment at a scale commensurate with accessory structures otherwise regulated within this Chapter and intended for private and noncommercial use.

   4.   The following standards shall apply to all accessory structures located within N, MU, and R-3 Districts where the parcels of which single-family or duplex structures do not constitute the principle use.

      1.   Maximum height from average grade of ground: 20 feet.

      2.   Only one accessory structure and one shed as an accessory structure shall be permitted for each principle use.

      3.   All other structures permitted shall be classified as principal structures wherein the number or scale of said structures shall be determined to house principal or basic operations related to an establishment.

   5.   Swimming Pools as Accessory Structures.

      1.   All swimming pools that serve as an accessory use to a dwelling unit may locate up to ten feet from the rear yard or side yard property lines.

      2.   No swimming pool shall be permitted in the front yard.

      3.   Swimming pools shall abide by all standards of § 27-900.2, with the exception of those expressly modified herein.

   6.   No-impact home based businesses are permitted as an accessory residential use in all zoning districts.

(Ord. 935, 5/10/2018, §27-900)

   1.   PURPOSE The purpose of this section is to provide standards for the regulations of the height, size, location and appearance of signs in order to:

      1.   Protect and enhance property values and neighborhood character.

      2.   Encourage sound signing practices to aid business and provide information to the public.

      3.   Encourage maintenance of signs that promote community pride.

      4.   Prevent excessive and confusing sign display.

      5.   Reduce hazards to motorists and pedestrians.

   2.   CONFORMANCE

      1.   Conformance Required. Any sign hereafter erected shall conform to the provisions of this Part, the provisions of the International Building Code and of any other ordinance or regulation within this jurisdiction. No sign whether permanent or temporary may be constructed, erected, moved, enlarged, altered, illuminated, or displayed unless in accordance with the provisions of this Part.

      2.   Legal Non-Conforming Signs. Any signs existing legally prior to the enactment of this part shall be considered a legal non-conforming sign or structure. In order to be considered a legally non-conforming sign, existing signs must have a sign permit issued by the Borough of East McKeesport prior to ordinance adoption and must pay the sign permit fee on yearly basis since the date of sign permit issuance. Legal non-conforming signs may remain until the sign is altered in any way. General repair and maintenance of a sign shall not be considered an alteration.

      3.   Any legal non-conforming sign damaged by fire, flood or other casualty may be reconstructed and used as before if such reconstruction is performed within 12 months of such casualty, and the restored sign has no greater size or height than before such casualty.

   3.   GENERAL REQUIREMENTS

      1.   Maintenance. Every sign and signage structure permitted by this ordinance shall be adequately maintained so as to not show evidence of deterioration, which includes, but is not limited to peeling, rust, dirt, fading, discoloration or holes. All signs, excluding canopy, awning and window signs shall be constructed only from durable materials, such as wood, metal, stone, or other material with painted, engraved, or raised messages. When any sign becomes insecure, in danger of falling or is otherwise deemed unsafe by the code official, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this Part, the owner thereof or the person or firm using same shall, upon written notice by the code official forthwith in the case of immediate danger, and in any case within not more than ten days, make such sign conform to the provisions of this Part, or shall remove it. If within ten days the order is not complied with, the code official shall be permitted to remove or cause such sign to be removed at the expense of the owner and/or the user of the sign.

      2.   Signs in Rights-of-Way. No sign other than an official traffic sign or similar sign shall be erected within two feet of the lines of any street, or within any public way, unless specifically authorized by other ordinances or regulations of this jurisdiction or by specific authorization of the code official. No sign shall be attached to any utility pole, light standard, street tree or any other public facility located within the public right-of-way.

      3.   Projections over Public Ways. Signs projecting over public walkways shall be permitted to do so only subject to the projection and clearance limits either defined herein or, if not so defined, at a minimum height of ten feet from grade level to the bottom of the sign. Signs, architectural projections or sign structures projecting over vehicular access areas must conform to the minimum height clearance limitations imposed by the jurisdiction for such structures.

      4.   No sign or portion thereof shall extend beyond the roof of a building.

      5.   Traffic Visibility. No sign or sign structure shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision, nor at any location where by its position, shape or color it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device.

      6.   No sign shall include statements, words or pictures that are considered to be vulgar, obscene or pornographic.

   4.   SIGN REMOVAL

      1.   Unlawful and Illegal Signs. All existing signs which do not have an existing sign permit as of the date of the adoption of this Part shall be considered unlawful and illegal and shall be removed within 30 days. All existing conforming and nonconforming signs shall become unlawful and illegal if any of the provisions of §27-901.3.1 are not maintained or established. If any sign becomes unlawful or illegal, the property owner, or property occupant, must remove the sign within 30 days or make application for a new sign permit and conform with this Part.

      2.   Obsolete Signs. The faces of obsolete signs shall be removed within 30 days after the close of the business or establishment to which they relate. Panel cabinets, supports braces, poles, anchors and electrical equipment, pertaining to enterprises or occupants that are no longer using the building, structure or lot, shall be removed within one year after the owner or occupant has discontinued such use. If signs or their structure are not removed the code official shall notify the owner who shall have 30 days to remove the sign and/or the sign structure. Upon failure to comply with such notice, the code official is hereby authorized to cause removal of such sign and/or structure, and any expense incident thereto shall be paid by the owner of the building, structure or ground on which the sign is located.

   5.   PERMITS

      1.   Permits Required. Unless specifically exempted, a permit must be obtained from the code official and the required fee paid for the erection and maintenance of all signs erected or maintained within this jurisdiction and in accordance with other ordinances of this jurisdiction. Exemptions from the necessity of securing a permit, however, shall not be construed to relieve the owner of the sign involved from responsibility for its erection and maintenance in a safe manner and in a manner in accordance with all the other provisions of this Part.

      2.   Permit Application. Application for permits shall include the following information on forms provided by the Borough of East McKeesport:

         A.   Name, address, and telephone number of the applicant. Name, address and telephone number of property owner, if different from the applicant. Address of property.

         B.   Written consent of the owner of the property on which the sign is to be located permitting the sign be erected.

         C.   Location of the sign including location to any buildings on the property, property boundary lines, and height above ground from bottom to top of the sign.

         D.   Construction drawing and specifics for the erection of the sign(s) showing dimensions, materials and required details of construction, including loads, stresses, anchorage and any other pertinent data.

         E.   Engineering calculations signed and sealed by a registered professional engineer where required by the International Building Code.

         F.   Such other information as the code official shall require to show full compliance with this and all other Borough ordinances.

      3.   The code official may waive the requirement for engineering calculations when the sign does not affect the structural integrity of the building or structure in which it is affixed to.

      4.   Provided that the application is in order, the code official shall issue a building permit for the erection of the sign, construction of which shall be completed within 18 months. Any sign permit application not approved by the code official shall not be permitted unless approved by the Zoning Board of the Borough of East McKeesport. All appeals must be filed within 21 days of denial of application.

      5.   The code official shall not issue any sign permit to any sign permit applicant if there are any outstanding building code violations present at sign permit location at the sign location on the day of application as evidenced by a previously issued notice of violation, citation, or other directive of the code official. The code official shall not issue a sign permit until all code violations are corrected.

      6.   The code official shall not issue any sign permit until all Borough taxes, sewer fees, refuse fees, and other municipal claims are paid in full and are current with no delinquencies at sign permit location.

      7.   Changes to Sign. A permit shall be required for the replacement, enlargement, relocation, or structural alteration of any existing sign. The changing or maintenance of movable parts or components of an approved sign that is designed for such changes, or the changing of copy, business names, lettering, sign faces, colors, display and/or graphic matter, or the content of any sign shall not be deemed a structural alteration.

      8.   Permit Fees. Permit fees to erect, alter or relocate a sign shall be in accordance with the fee schedule adopted within this jurisdiction and are separate from any building permit fee. The governing council of the Borough of East McKeesport shall have the authority to amend sign permit fees as council determines is appropriate under separate ordinance or resolution.

   6.   MEASURING SIGNS

      1.   The sign area shall be measured by the smallest rectangle or other regular geometric shape which encompasses the entirety of the sign face.

      2.   Where a sign consists of an identical double face, only one side shall be considered for the purpose of calculating total sign area. Where both sides are not identical or where the interior angle formed by the faces of a sign is greater than 90 degrees, all sign faces shall be considered in the calculated total sign area.

      3.   If a sign is comprised of more than two sides, such as cylindrical signs, signs in the shape of cubes or other signs, 50% of the sum of the area of all faces of the sign shall be considered in calculating the sign area.

      4.   The square footage of wall signs shall include the entire area where illustrations and lettering is provided on material which is not part of the building’s structure and is affixed thereto as signage.

      5.   The height of a sign shall be measured from the ground elevation nearest to the sign to the highest elevation of the sign.

      6.   The entire area of a ground or projecting sign shall be considered in calculating area permitted, including monuments to which signs are affixed and decorative features accompanying said signs.

   7.   LIGHTING

      1.   All sign lighting, if permitted, shall be placed so as to not illuminate any adjoining property areas. No sign shall emit more than .2 foot-candles of light at any property line.

      2.   Externally illuminated signs are permitted in Neighborhood Use and Mixed Use Districts provided that the cutoff angle of said illumination does not illuminate space beyond the area of the sign and does not, by the determination of the code official, present a safety hazard to vehicular traffic by distracting drivers.

      3.   Internally illuminated are permitted in Neighborhood Use and Mixed Use Districts. Any sign located adjacent to a dwelling unit or lot zoned for residential use shall be located, shielded and screened to prevent direct light or glare onto a dwelling unit or residential lot.

      4.   Hours of illumination. No sign shall be illuminated between the hours of 10:00 p.m. and 7:00 a.m., unless the establishment displaying the sign is open for business during those hours.

   8.   PROHIBITED SIGNS

      1.   The following signs shall be prohibited in the Borough of East McKeesport:

         A.   Abandoned signs.

         B.   Banners, balloons and streamers employed as promotional and advertising tools, expect those displayed for temporary purposes authorized in § 27-901 -10.

         C.   Beacon light signs.

         D.   Portable signs except as allowed for temporary purposes authorized in § 27-901 -10.1.C.

         E.   Under canopy signs.

         F.   Signs advertising goods and services not sold or produced on the premise in which the sign is located.

         G.   Signs on vacant lots, except those authorized in § 27-901 -11.2.

         H.   Signs painted on brick.

         I.   Signs bearing language or character that reflect traffic signals and emergency and traffic signage .

         J.   Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal or device, or obstruct or interfere with a driver’s view of approaching, merging or intersecting traffic.

         K.   Any sign attached to, or placed on, a vehicle or trailer parked on public or private property, except for signs meeting the following conditions:

            (1)   The primary purpose of such a vehicle or trailer is not the display of signs.

            (2)   The signs are magnetic, decals or painted upon an integral part of the vehicle or equipment as originally designed by the manufacturer, and do not break the silhouette of the vehicle.

            (3)   The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable, and actively used or available for use in the daily function of the business to which such signs relate.

         L.   Vehicles and trailers are not used primarily as static displays, advertising a product or service, nor utilized as storage, shelter or distribution points for commercial products or services for the general public.

         M.   Signs attached to trees, fences, public utility poles, standpipes, gutter drains or fire escapes, other than warning signs issued by government officials or public utilities.

   9.   PERMITTED SIGNS

      1.   Awning and canopy signs shall be permitted subject to the following requirements:

         A.   One awning or canopy sign shall be permitted above each entrance providing public access to a building.

         B.   One awning or canopy shall be permitted above each window.

         C.   The maximum coverage of all lettering and business logos is not to exceed 25% of the overall exposed surface.

         D.   Both fixed position and retractable/operable awnings are acceptable.

         E.   Awnings and canopy signs shall not be less than ten feet above the sidewalk.

         F.   Awnings and canopy signs should be attached to a building in accordance with the Pennsylvania Uniform Construction Code requirements and the Borough of East McKeesport Building Code Requirements and shall be made of weather resistant materials.

      2.   Ground signs shall be permitted subject to the following requirements:

         A.   Ground signs, including monument signs, are only permitted when the front wall of the building is set back more than ten feet from the front lot line.

         B.   Ground signs shall be set back at least five feet from the public right-of-way.

         C.   One ground sign shall be permitted per street front.

         D.   Neighborhood Uses districts ground signs shall not exceed a maximum height of five feet and a maximum sign area of 15 square feet.

         E.   In Mixed Use District ground signs shall not exceed a maximum height of 15 feet and a maximum sign area of 50 square feet, except for non-residential group development as determined in § 27-901 -13.2.

      3.   Marquee signs shall be permitted subject to the following requirements:

         A.   One marquee sign shall be permitted above the primary entrance providing public access to a building in Neighborhood Use and Mixed Use districts only.

         B.   The maximum coverage of all lettering and business logos is not to exceed 25% of the overall exposed surface.

         C.   Marquee signs shall not be less than ten feet above the sidewalk.

         D.   Marquee signs shall be attached to a building in accordance with the Pennsylvania Uniform Construction Code requirements and the Borough of East McKeesport Building Code Requirements.

      4.   Menu boards shall be permitted subject to the following requirements:

         A.   Drive through menu boards shall be permitted in Mixed Use Zoning District only.

         B.   Two menu board signs per establishment shall be permitted.

         C.   Each sign shall not exceed a maximum height of eight feet and a maximum size of 50 square feet.

      5.   Pole signs shall be permitted subject to the following requirements:

         A.   Pole signs are only permitted in Mixed Use District and when the front wall of the building is set back more than ten feet from the front lot line.

         B.   Pole signs shall be set back at least eight feet from the public right-of-way.

         C.   Pole signs shall not exceed a maximum height of 15 feet and a maximum sign area of 50 square feet.

         D.   Non-residential group development pole signs shall not exceed a maximum height of 25 feet and a cumulative maximum sign area of 150 square feet and in accordance with § 27-901.13.2.

         E.   Maximum of one pole sign per property.

      6.   Projecting (hanging) signs shall be permitted subject to the following requirements:

         A.   Projecting signs shall be permitted in lieu of freestanding signage in Neighborhood Use and Mixed Use Districts.

         B.   One projecting sign shall be allowed per occupancy on any street frontage with public entrance to such an occupancy.

         C.   Projecting signs shall be limited in area to ten square feet.

         D.   No such sign shall extend vertically above the highest point of the building façade.

         E.   Such signs shall not extend over a public sidewalk in excess of 30% of the width of the sidewalk.

         F.   Such signs and sign structures shall maintain a clear vertical distance above any public sidewalk a minimum of ten feet.

         G.   Swinging signs shall not be permitted.

      7.   Wall signs shall be permitted subject to the following requirements:

         A.   One wall sign permitted per street front.

         B.   Such signs shall not project more than six inches from the wall of the building.

         C.   In Neighborhood Use districts the sign area of a wall sign shall not exceed a maximum of 30 square feet.

         D.   In Mixed Use districts the sign area shall not exceed a maximum of 100 square feet.

      8.   Permanent window signs shall be permitted subject to the following requirements:

         A.   The aggregate area of all such signs shall not exceed 20% of the window area on which such signs are displayed. Window panels separated by muntins or mullions shall be considered as one continuous window area.

         B.   Window signs shall be included in the determination of allowable signs and area permitted by any occupancy under this Part.

         C.   One interior neon window sign shall be permitted per occupancy in Neighborhood Use and Mixed Use districts but shall be restricted to an overall dimension of two square feet.

         D.   Window signs shall not be used in a residential dwelling to promote any nonresidential use or product unless such residence is zoned for commercial use and a commercial occupancy certificate is obtained by the owner.

      9.   Changeable copy signs shall be permitted subject to the following requirements:

         A.   Changeable copy signs, manually activated, are permitted for nonresidential uses as either wall signs or attached to ground signs, in all districts.

         B.   Changeable copy signs, electrically activated, are permitted as either wall signs or attached to ground signs, in Neighborhood Use and Mixed Use districts only.

   10.   TEMPORARY SIGNS REQUIRING PERMITS

      1.   The following temporary signs shall be allowed in the Borough of East McKeesport. No sign shall be displayed without first obtaining a sign permit from the code official and paying the required sign permit fee and any building permit fee for the erection of any sign, if structurally required.

         A.   Special Promotion, Seasonal and/or Holiday Promotions, Event and Grand Opening Signs. Signs temporarily displayed to advertise special promotions, seasonal and or holiday promotions, events and grand openings shall be permitted in all Neighborhood Use and Mixed Use zoning districts and subject to the following limitations:

            (1)   Such signs shall be limited to one sign per street front.

            (2)   Such signs except seasonal or holiday promotional signs, may be displayed for not more than 30 consecutive days in any two-month period, and not more than 60 days in any calendar year. The signs shall be erected no more than ten days prior to the event or grand opening, and shall be removed no more than two days after the event or grand opening.

            (3)   Seasonal and or holiday promotional signs may not be displayed more than 30 days total combined before or after the holiday period as determined by the sign permit application submitted by the applicant.

            (4)   Any promotion sign issued with a permit shall not be included in the determination of permitted signs or aggregate square footage.

            (5)   Seasonal, promotional, and holiday signs shall not exceed 30 square feet each.

         B.   Special Event Signs in Public Ways. Signs advertising a special community event shall not be prohibited in or over public rights-of-way, subject to approval by the code official as to the size, location and method of erection. The code official may not approve any special event signage that would impair the safety and convenience of use of public right-of-ways, or obstruct traffic visibility. Signs may not be displayed more than 30 days total combined before or after the event.

         C.   Sandwich board signs shall be permitted in Neighborhood Use and Mixed Use Districts. The following provisions also apply:

            (1)   No more than one sandwich board sign allowed per occupancy.

            (2)   Maximum sign area of eight square feet.

            (3)   Sandwich board signs may not remain outside building after hours.

            (4)   Such signs may not block sidewalks.

            (5)   Such signs may not be illuminated.

            (6)   Signs must be kept on the side of the sidewalk closest to the operating business.

   11.   TEMPORARY SIGNS, PERMIT NOT REQUIRED. The following signs shall be permitted subject to the stated limitations. The following signs are exempt from the necessity of securing a permit, however, this shall not be construed to relieve the owner of the sign involved from responsibility for its erection and maintenance in a safe manner and in a manner in accordance with all the other provisions of this Part.

      1.   Political signs shall be permitted in all zoning districts, subject to the following limitations:

         A.   Such signs shall not exceed eight square feet in Residential and Neighborhood Use districts.

         B.   Such signs shall not exceed 16 square feet in Mixed Use districts.

         C.   Such signs for election candidates or ballot propositions shall be displayed only for a period of six weeks preceding the election and shall be removed within five days after the election.

         D.   Such signs shall not be placed in any public right-of-way or obstruct traffic visibility.

      2.   Real estate signs shall be allowed in all zoning districts, subject to the following limitations:

         A.   Such signs shall not exceed six square feet in Residential and Neighborhood Use districts.

         B.   Such signs shall not exceed eight square feet in Mixed Use districts.

         C.   Real estate signs shall only be placed on the property for sale.

         D.   Real estate signs shall be limited to one sign per street front.

         E.   Real estate signs shall be removed no later than ten days after execution of a lease agreement in the event of a lease, or the closing of the sale in the event of a purchase.

      3.   Signs denoting the developer, architect, engineer or contractor when placed upon property in which the individual or firm is employed are permitted in all zoning districts, subject to the following limitations:

         A.   Such signs shall not exceed six square feet in Residential and Neighborhood Use districts.

         B.   Such signs are not to exceed ten square feet in area in Mixed Use districts.

         C.   Such signs shall be limited to one sign per street front.

         D.   Such signs be removed 30 days after the completion of the project.

      4.   Directional and parking signs are permitted and subject to the following limitations:

         A.   Each business may erect signs directing and guiding traffic and parking on private property.

         B.   No more than two directional signs shall be permitted per street entrance to any lot.

         C.   There shall be no limit to the number of directional signs providing directional information interior to a lot.

         D.   Such signs shall not exceed a gross sign area of two square feet.

         E.   Not more than 20% of the area of any directional sign shall be permitted to be devoted to business identification or logo. Such signs shall be limited to such information or instructions as necessary for the convenience of vehicular traffic in reaching such business.

         F.   Directional signs shall not be included in the determination of allowable signs and area permitted by any occupancy under this Part.

   12.   EXEMPT SIGNS

      1.   The following signs are exempt from the necessity of securing a permit, however, this shall not be construed to relieve the owner of the sign involved from responsibility for its erection and maintenance in a safe manner and in a manner in accordance with all the other provisions of this Part.

         A.   Flag or emblems of a government, political, civic, philanthropic, educational or religious organization displayed on private property.

         B.   Religious symbols and seasonal decorations within the appropriate public holiday season.

         C.   Signs placed by a governmental body, including but not limited to promotional activities, traffic, or directional devises, legal notices and warnings, instructional regulatory signs, and official notices placed by a court, public officers and/or employees.

         D.   Incidental signs up to five square feet displayed inside a window or a commercial establishment to advertise special sales of products sold, credit cards accepted, or those required by law or ordinance.

         E.   No trespassing signs.

         F.   Directional, warning or information signs authorized by federal, state or municipal governments.

         G.   Directional signs for hospitals, fire, schools, libraries, churches, and other similar occupancies.

         H.   Address signs and nameplates, up to two square feet for residential principle uses and up to four square feet for nonresidential principle uses.

   13.   ADDITIONAL REQUIREMENTS

      1.   Residential Uses. Where residential use constitutes the principal use of a zoning lot and no principle nonresidential use exists, the maximum square footage of signage permitted shall be two square feet. Multi-family uses shall be permitted eight square feet of signage. All ground signs shall not exceed five feet in height. Residential properties shall be permitted either one ground sign per street front or one wall sign per street front. The maximum cumulative square footage of all signage permitted per zoning lot shall not exceed 16 square feet.

      2.   Neighborhood Use District. Where nonresidential use constitutes the principle use of a zoning lot, the maximum cumulative square footage of all signage permitted per zoning lot shall not exceed 100 square feet.

      3.   Mixed Use Districts. Where nonresidential use constitutes the principle use of a zoning lot, the maximum cumulative square footage of all signage permitted per zoning lot shall not exceed 150 square feet.

      4.   Nonresidential Group Developments. For purposes of this Section nonresidential group developments shall include all nonresidential groups that are located such that multiple principle uses are either accessed from a street by a common entrance or entrances, located on the same parcel, sharing party walls, or constituting a shopping center.

         A.   One ground sign or pole sign shall be permitted per each side of the nonresidential group development bordering a street, not including alleys, where the development bears an entrance to said street.

         B.   A property owner or group of owners controlling property on which a nonresidential group development is situated may allot proportions of permitted signage to certain tenants and establishments located therein. All applications for sign permits for signage within a multiple-occupancy development complex shall comply with the provisions in this Part.

   14.   ADDITIONAL PROVISIONS

      1.   Interpretations. The interpretation and application of the provisions of this Part shall be made by the code official. An appeal of an interpretation by the code official shall be submitted to the Board of Zoning of the Borough of East McKeesport, who, unless otherwise provided, is authorized to interpret this Part or code, and such interpretation shall be considered final.

      2.   Liability. The code official, or designee, charged with the enforcement of this Part, acting in good faith and without malice in the discharge of the duties described in this Part, shall not be personally liable for any damage that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the code official or employee because such act or omission performed by the code official or employee in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this Part or enforced by the enforcement agency shall be defended by the jurisdiction until final termination of such proceedings, and any judgment resulting there from shall be assumed by the jurisdiction. This Part shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or parcel of land for any damages to persons or property caused by defects, nor shall the enforcement agency or its jurisdiction be held as assuming any such liability by reason of the reviews or permits issued under this Part.

      3.   Cooperation of Other Officials and Officers. The code official shall be authorized to request, and shall receive so far as is required in the discharge of the duties described in this Part, the assistance and cooperation of other officials of the jurisdiction.

      4.   Joint Agreements and Ordinances. If in the event that the governing body of the Borough of East McKeesport enters into a joint agreement or ordinance with any other lawful governing body and said agreement or ordinance is in conflict with this Part, the code official or other designated person shall interpret and enforce the most restrictive terms and conditions of either this Part or the joint agreement or joint ordinance. This Section shall apply to any joint agreement or joint ordinance entered into prior to or after the adoption of this Part.

(Ord. 935, 5/10/2018, §27-901)

   1.   The following uses categories shall be interpreted based upon their basic meanings as defined and employed within the NAICS.

 

   2.   The preceding parking requirements not withstanding, any use which provides for public assembly including, but not limited to, churches, assembly halls, auditoriums, and theaters shall provide one parking space per every four seats or per every four persons of the total capacity of said space, as determined by the municipal engineer utilizing the requirements of the Uniform Construction Code and other applicable standards, whichever is less.

   3.   Parking requirements shall be provided for each principal use per the above standards and classifications, not withstanding conditional uses authorized for shared parking.

   4.   Dimensional and Access Standards for Nonresidential, Multi-family Uses, and Townhouse Uses.

      1.   Stall Size. All parking spaces shall be no less than nine feet in width by 18 feet in length. Parallel spaces shall be no less than eight feet in width and 23 feet in length.

      2.   Aisle Width. Aisle widths for parking spaces shall be in accordance with the chart below. Where a parking lot serves less than 30 spaces, aisle widths for two- and one-way parking accessing 90-degree spaces shall be reduced to 20 and ten feet, respectively. Only one-way traffic is permitted for any parking space at an angle less than 90 degrees.

 

 

      3.   Access drives which do not serve as aisles for parking spaces shall provide the following lane widths:

         A.   Ten feet per lane where total parking spaces accessed by use of said drive is less than 30.

         B.   Twelve feet per lane where total parking spaces accessed by use of said drive is 30 or more.

      4.   Parking spaces, other than parallel parking spaces, shall not be oriented such that vehicles are forced to exit or back out directly into a street.

      5.   Parking lots shall, at a minimum, provide a dust free surface, as determined by the Borough Engineer.

      6.   The entrance width of all parking lots and access drives to abutting streets shall not exceed 28 feet.

      7.   The grade of parking lots shall be between 1% and 5%, and shall be designed according to provide proper stormwater drainage.

      8.   All parking spaces shall be delineated in the parking lot by a minimum of 3-inch wide line striping.

      9.   Parking lots serving a principal use shall be located within 300 feet of an entrance to said use.

   5.   Residential Standards for Single-Family and Duplex Units. Residential driveways serving single-family and duplex structures are exempt from all other provisions of this Section and are subject only to the following standards:

      1.   Driveways shall be maintained in a mud free condition.

      2.   A maximum street opening of 24 feet is permitted for each driveway.

      3.   A minimum of two parking spaces shall be provided on the property through a driveway, garage, carport, or a combination thereof.

      4.   Parking lots within 150 feet of a single-family or duplex structure may provide for the required two space per unit parking where a recorded easement or covenant that guarantees usage of the lot by the subject property owner for purposes of parking at least two vehicles.

   6.   Residential Standards for Multi-family and Townhouse Developments. Driveways and parking lots shall be subject to all standards in the preceding sections with the following modifications:

      1.   Driveways provided specifically for individual dwelling units shall fulfill parking requirements where driveways are capable of providing a minimum of two parking spaces, generally consistent with the minimum dimensions as specified in this Section. Garage shall fulfill the same.

      2.   The maximum street opening of driveways servicing individual dwelling units shall be 24 feet.

   7.   Commercial Vehicles.

      1.   The parking of commercial vehicles shall be expressly prohibited within all residential districts except where used on a temporary basis for construction activities on the site or parcel on which they are parked or stored.

      2.   The parking or storage of commercial vehicles and equipment shall occur only in approved spaces. Said spaces shall be designed in a ratio of the vehicle to the space similar to that of the minimum required parking space dimensions to a vehicle classified or equipment under one ton.

   8.   Vehicle and Equipment Sales. The storage or display of vehicles and equipment for sale shall be subject to the parking and design standards of this Section including aisle widths, parking space dimensions, and permitted access to streets; and shall generally be considered parking lots.

(Ord. 935, 5/10/2018, §27-902)

   1.   Home occupations, involving the following uses, shall be permitted:

 

   2.   Home occupations shall abide by the following standards and restrictions:

      1.   Hours of operation shall be limited to between 7:00 a.m. and 9:00 p.m., daily.

      2.   Only one additional employee, who does not reside within the household or dwelling unit operating the home occupation, shall be permitted to work on the site of the occupation at any given time.

      3.   At least two additional parking spaces, in general conformance with the parking requirements of this Chapter, shall be required. Parking shall be determined by the Zoning Officer in a manner consistent with the parking requirements applicable to the use proposed.

   3.   Other types of offices providing services generally consistent with those of offices listed in the preceding table, shall be permitted. Said offices shall generally include forms of consulting and professional services, the impact and scope of which is similar to that of those listed in the preceding table.

   4.   Home occupations shall not be permitted in association with dwelling units in multifamily structures.

   5.   No home occupation shall operate without an occupancy permit.

   6.   No more than one home occupation shall be permitted per dwelling unit.

(Ord. 935, 5/10/2018, §27-903)

   1.   Transient retail businesses, for purposes of this Section, shall be defined as businesses of a retail nature, which operate within the Borough, at one or multiple locations, for a period of 90 days or less throughout a calendar year. Transient businesses may operate with a zoning permit as approved by the Zoning Officer, absent other requirement of this Chapter as may apply to permanent businesses and in accordance with the following standards:

      1.   Said business shall be retail in nature and shall reflect retail uses otherwise permitted by right within the district in which it functions.

      2.   Any temporary structures such as tents associated with said business shall adhere to the setback requirements of principal structures in the district in which they operate.

      3.   The operation of the business shall not impede the flow of traffic in the area in which it operates; nor shall said operation and associated structures impede the site distance of adjacent intersections.

      4.   Said businesses shall not operate within any right-of-way.

(Ord. 935, 5/10/2018, §27-904)

   1.   Purpose. The Township and Boroughs desire to accommodate an adequate mixture of business, industry, and residential and public uses while maintaining a scale, which is in conformance with current community character. Therefore, the following provisions shall be instituted in applicable zoning districts.

   2.   Large-scale buildings shall be defined as any building that bears more than 90 feet of building length that directly faces any street including the cumulative effect of buildings with party walls (except for townhouses).

   3.   Offsets in the footprint of the building, along any wall facing a street, shall be provided according to the following standards:

      1.   Said wall shall not have a surface longer than 50 feet without a break.

      2.   If only one break is provided, said break shall be offset by at least ten feet and shall comprise at least one-fourth of the length of said wall.

      3.   If more than one break is provided, the setback shall be a minimum of four feet and the length of the wall which accompanies the setback should not be less than 10% nor more than 25% of the total length of the applicable wall.

      4.   Recesses may be a minimum of one foot where the type of building facade differs from that of the adjacent portions of the wall.

(Ord. 935, 5/10/2018, §27-905)

   1.   Lighting in all districts shall be designed so as not to produce glare.

   2.   Lighting shall produce no more than .2 footcandles at any property line unless the adjoining property is under common ownership or is part of a shopping center.

   3.   No lighting shall be designed so as to emit colors, flashing, or animated effects so as to distract the motoring public and thus present nuisance to public safety.

   4.   Electrical feeds to lighting standards shall be underground.

   5.   Lighting in Residential Districts, Neighborhood Use District, and Mixed Use District.

      1.   Maximum height of lighting, whether freestanding or mounted to a wall or building shall be 15 feet. Lighted wall signs shall be subject to the aforesaid.

      2.   Lighting on properties where single-family or duplex residential use constitutes the principal use shall not exceed two footcandles at any location.

   6.   Lighting in the General Retail and Office and Manufacturing Districts.

      1.   Maximum height of pole lighting shall be 25 feet.

      2.   All lighting shall include a cutoff angle of at least 60 degrees to avoid glare.

(Ord. 935, 5/10/2018, §27-906)

   1.   Multi-family and townhouse structures shall be set back at least 60 feet from any property line adjoining a property in an R-2 District that is either vacant, or that bears single-family or duplex as a principal use.

   2.   All other nonresidential principal structures shall be set back at least 80 feet from any property line adjoining a property in an R-2 District that is either vacant, or that bears single-family or duplex as a principal use.

   3.   Parking and access drives associated with the above uses shall be set back at least 40 feet from the aforesaid property lines.

   4.   Lighting installed within the aforesaid yards or set backs shall adhere to standards for single-family or duplex residential uses otherwise specified in § 27-906, “Lighting Standards.”

   5.   Notwithstanding side and rear yard setbacks otherwise required in the respective zoning district, the setbacks or buffer areas required in this Section may be reduced through the granting of a conditional use where the following are demonstrated:

      1.   Changes in topography and existing vegetation that provide a visual buffer or screening to the adjacent property.

      2.   A mixture of high and low level plantings and/or mounding that provides an effective visual buffer or screening to the adjacent property.

      3.   The arrangement of lighting within the set back area otherwise required shall be designed in a manner such that it is screened from the adjacent property.

(Ord. 935, 5/10/2018, §27-907)

   1.   Exposed exterior walls of structures shall be composed of brick, stone, stucco, fireproof precast stucco, glass, metal or marble, or with wood that is treated, finished with stain, paint, or a similar finish.

   2.   The walls of nonresidential structures which are two stories or less and which face a rear yard may contain exposed concrete block. Additionally, the walls of foundations facing a rear yard on any single-family or duplex structure may contain exposed concrete block.

   3.   The governing body, upon recommendation by the municipal engineer, may approve alternative materials as a conditional use if and only if such material is determined to be equal or superior in quality and aesthetic character compared to approved materials.

   4.   An addition to an existing structure which is nonconforming with respect to this Section may be constructed in conformance with the materials of original construction of the existing portion of the structure so long as the footprint of said addition does not exceed that of the nonconforming structure.

   5.   It is the intent of this Chapter to treat mobile homes, modular homes, and all preconstructed homes equally with traditionally constructed homes. As such, all preconstructed homes shall be placed on foundations that shall adhere to the requirements of this Section. Mobile homes in mobile home parks, meeting the standards of this Chapter, shall be placed on approved concrete pads and shall maintain skirting around their perimeters.

(Ord. 935, 5/10/2018, §27-908)