Edinboro City Zoning Code
PART 4
SUPPLEMENTARY REGULATIONS
§ 27-401 Nonconforming Uses and Structures.
[Ord. 457, 1/31/1994, § 401; as amended by Ord. 561, 5/12/2008, § 3]
1.
The following provisions shall apply to all nonconforming uses and structures. It is the intention of Edinboro Borough that all legal nonconforming uses and structures shall be able to continue; however, all changes in such uses shall only be as allowed in this Part:
A.
Any nonconforming use may be continued, or may be changed to a use of the same or a more restrictive classification. The nonconforming use may not be extended or expanded unless to a conforming use, except as permitted by the Board in accordance with the provisions of this chapter.
B.
Any nonconforming structure or building or sign which has been damaged or destroyed by fire or any other means may be reconstructed and used as before, if such reconstruction is performed within six months of discontinuance of use and if the restored building covers no greater area and contains no greater cubic content. If approved by the Board, a reconstructed structure or building may exceed its original lot coverage and cubic content but must meet the minimum yard requirements of the district in which the structure is located, and it must meet the off-street parking and loading requirements of this chapter.
C.
In the event that any nonconforming use conducted in a structure, or otherwise, ceases, for whatever reasons, for a period of 1 year, such nonconforming use shall not be resumed and any further use shall be in conformity with the provisions of this chapter.
[Amended by Ord. No. 613, 1/7/2019; and by Ord. No. 621, 8/9/2021]
D.
The nonconforming use of a structure or building may be extended throughout those parts thereof which were manifestly arranged or designed for such use at the time of adoption of this chapter. A nonconforming building or structure may be enlarged or replaced if such expansion does not occupy an area greater than 50% more than the structure occupied prior to such expansion, enlargement or reconstruction. Furthermore, such activities must meet all regulations, including but not limited to, the minimum yard regulations and height restrictions of the district in which the structure is located, and must meet all other off-street parking and loading requirements of this chapter.
E.
Nothing contained herein shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approval and required permits have been granted prior to the effective date of this chapter and where construction is complete within six months from the date of issuance of the permit.
F.
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
G.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, this Part shall also apply to any uses or structures which thereby become nonconforming.
§ 27-402 Existing Lots of Record.
[Ord. 457, 1/31/1994, § 402]
Any lot of record existing at the effective date of this chapter, and held in separate ownership different from the ownership of adjoining lots, may be used for the erection of a structure conforming to the use regulations of the district in which it is located even though its lot area and width are less than the minimum required by this chapter; however, such lot must comply with the yard, height and coverage standards of the zoning district wherein it is located. Any multi-family use must meet the appropriate density standards of the zoning district. Where two or more adjacent lots of record with less than the required area and width are held by one owner, on or before the date of enactment of this chapter, the request for a permit shall be referred to the Zoning Hearing Board which may require replatting to fewer lots, which would comply with the minimum requirements of this chapter. The size of any existing lot of record shall not be reduced so that the area or dimensions of the lot are smaller than those required by this chapter.
§ 27-403 Application of Yard Regulations.
[Ord. 457, 1/31/1994, § 403]
1.
Where a structure exists on an adjacent lot and is within 150 feet of the proposed structure, and the existing structure has a front yard less than the minimum depth required, the minimum front yard shall be the average depth of the front yard of the existing structure on the adjacent lot and the minimum depth required for the district; where structures exist on both adjacent lots, the minimum depth of the front yard shall be the average depth of the front yards of the existing adjacent structures.
2.
All structures, whether attached to the principal structure or not, and whether open or enclosed, including porches, carports, balconies or platforms above normal grade level, shall not project into any minimum front, side or rear yards except as noted in this subsection, Subsection 3 and Subsection 4. Overhangs of up to 18 inches will be allowed (see illustration), except as provided below for stoops. Steps and stoops to exterior doors will be permitted (see illustration). A stoop to an exterior door may not exceed a measurement of 6 feet deep and 8 feet wide, except that a stoop to an existing door may be constructed such that it extends to the outer terminus of a previously existing and permitted overhang or roof. A permitted stoop may be covered, but not enclosed. A permitted stoop may have up to 2 support columns to support any covering. The covering of a permitted stoop may have up to a 3 inch overhang beyond the stoop dimensions. A chimney may project not more than two feet into a required yard. Bay windows and balconies may project not more than two feet into a required yard.
[Amended by Ord. No. 623, 5/9/2022; and by Ord. No. 626, 6/12/2023]
3.
A wall or fence under 6 feet 6 inches in height and paved terraces without walls, roofs or other enclosures may be erected within the limits of any yard. Retaining walls and fences required for screening under this chapter are not subject to the 6-foot height limitation. Fences may be permitted in front yard areas provided they are no higher than 4 feet and do not obstruct the required free sight triangle at intersections. The 4 foot height limitation for fences in front yard areas does not apply to decorative gates, which shall not be higher than 7 feet and do not obstruct the required free sight triangle at intersections. (See the Borough's subdivision regulations relative to intersection sight distance [Chapter 22]). Fences shall be constructed in accordance with Borough codes. Fences shall not be electrified, use spikes, broken glass, barbed wire or similar material designed to injure persons who attempt to climb them. Temporary fences shall not be used to enclose a yard or portion thereof, and shall only be permitted to be erected from November 1 through April 1 of any year. Fences may be installed on a property line, except in front yard areas, or side yard areas adjacent to a roadway, where fences can be installed up to the edge of the right-of-way.
[Amended by Ord. No. 623, 5/9/2022]
4.
Swimming pools shall be permitted in rear yards only; provided, that the pool is located not less than 10 feet from any side yard line, and 10 feet from the rear yard line. (See also § 27-410.)
5.
Through lots shall follow existing development patterns. Where other through lots exist nearby, the orientation of development (designation of front and rear yard) shall follow existing usage. Where no other through lots exist nearby, both frontages shall be considered front yards.
6.
For corner lots, the short frontage shall be considered the front yard, the long frontage shall be considered a side yard. Where frontage measurements are equal the dominant orientation of surrounding properties shall determine the front yard.
§ 27-404 Temporary Structures.
[Ord. 457, 1/31/1994, § 404]
Temporary structures in conjunction with construction work shall be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued for a six-month period.
§ 27-405 Height Limitations.
[Ord. 457, 1/31/1994, § 405; as amended by Ord. 578, 5/10/2010, § 1]
1.
When the following conditions are met, height limits may be increased:
A.
Structure height, in excess of the height permitted above the average ground level allowed in any district may be increased, provided all minimum front, side and rear yard depths are increased by one foot for each additional foot of height; however, such increase of height shall be limited to no more than 10 additional feet.
B.
The following structures are exempt from height regulations provided they do not constitute a hazard: church spires, chimneys, elevator bulk heads, smoke stacks, conveyors, flag poles, silos, standpipes, elevated water tanks, derricks and similar structures. Satellite dish antennae are covered by a separate section of this chapter (see § 27-412). However, for the above structures, all yard and setback requirements must be met, in addition, any structure with a height in excess of 50 feet will be first referred to the Edinboro Volunteer Fire Department for a review relative to public safety considerations.
§ 27-406 Performance Standard.
[Ord. 457, 1/31/1994, § 406; as amended by Ord. 545, 2/26/2007, § 27-406; and by Ord. 585, 9/12/2011]
1.
No use of land or structure in any district shall involve any element, or cause any condition, that may be dangerous, injurious or noxious to any other property or person in the Borough. Furthermore, every use of land or structure in any district must observe the following performance requirements:
A.
Fire Protection. Fire protection and firefighting equipment acceptable to the underwriting agency of authority shall be readily available when any activity involving the handling or storage of flammable or explosive material is carried on.
B.
Electric Disturbance. All sources of electromagnetic radiation shall demonstrate compliance with appropriate regulations of the Federal Communications Commission. No activity shall cause electromagnetic interference adversely affecting radio, television or other communication equipment in the neighboring area. For the purpose of these regulations, electromagnetic interference shall be defined as -electromagnetic disturbances which are generated by the use of electrical equipment other than planned and intentional sources of electromagnetic energy which interfere with the proper operation of electromagnetic receptors of proper design.
C.
Noise. Noise which is determined to be objectionable because of volume or frequency shall be muffled or otherwise controlled, except for fire sirens and related apparatus used solely for public safety purposes.
D.
Smoke. The maximum amount of smoke emissions permitted shall be determined by the use of the Standard Ringleman Chart issued by the United States Bureau of Mines. No smoke darker than No. 2 will be allowed.
E.
Odors. In any district, except the Industrial District, no malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.
F.
Air Pollution. No pollution of air by fly-ash, dust, vapors or other substances shall be permitted which is harmful to health, or to animals, vegetation or other property.
G.
Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.
H.
Erosion. No erosion by wind or water shall be permitted which carry objectionable substances onto neighboring properties.
I.
Water Pollution. The discharge of all wastewater shall be in accordance with the standards of the Pennsylvania Department of Environmental Protection and/or the Borough of Edinboro, and comply with any and all applicable regulations of the United States. Surface water discharge shall be acceptable under the provisions of Pennsylvania Act 537, 35 P.S. § 750.1 et seq., and other state and Borough regulations as the same may be amended from time to time.
J.
Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or at any point beyond the lot line.
§ 27-407 Off-Street Loading and Parking.
[Ord. 457, 1/31/1994, § 407; as amended by Ord. 545, 2/26/2007, § 27-407; and by Ord. 571, 10/12/2009, § 9]
1.
Off-street loading and parking space shall be provided in accordance with the specifications in this section in all districts, whenever any new use is established or an existing one is enlarged. Because of its developed nature and the location of service alleys, on-street and public parking, off-street loading and parking requirements shall not apply in the C-1 Downtown Commercial District. In addition, the University District shall be exempt by this section.
A.
Off-Street Loading. Every use which requires the receipt or distribution, by vehicles, of material or merchandise, shall provide off-street loading berths in accordance with its size per the following table. Current or future uses in the C-1 Downtown Commercial District shall not be required to provide loading spaces.
Off-Street Loading Space Requirements | ||||
|---|---|---|---|---|
Use | First Berth | Second Berth | ||
Industrial: | ||||
Manufacturing | 5,000 | 40,000 | ||
Warehouse | 5,000 | 40,000 | ||
Storage | 10,000 | 25,000 | ||
Commercial: | ||||
Wholesale | 10,000 | 40,000 | ||
Retail | 10,000 | 40,000 | ||
Service Establishment | 10,000 | 40,000 | ||
Restaurants | 10,000 | 25,000 | ||
Office Building | 10,000 | 100,000 | ||
Hotel | 10,000 | |||
Residential: | ||||
Apartment | 25,000 | 100,000 | ||
Institutional: | ||||
Schools | 10,000 | 100,000 | ||
Hospitals | 10,000 | 100,000 | ||
Nursing Homes | 10,000 | 100,000 | ||
Public Buildings: | ||||
Auditoriums | 10,000 | 100,000 | ||
Arenas | 10,000 | 100,000 | ||
Funeral Homes | 10,000 | 100,000 | ||
Note: All figures are given in gross feet of floor area for each listed use. |
(1)
Size and Access. Each off-street loading space shall be not less than 10 feet in uniform width and 40 feet in length. It shall be so designed so the vehicles using loading spaces are not required to back onto a public street or alley. Such spaces shall abut a public street or alley or have an easement of access thereto.
B.
Off-Street Parking.
(1)
Size and Access. Each off-street parking space shall have an area of not less than 162 square feet, being at least 18 feet long with a uniform width of nine feet, exclusive of access drives or aisles and shall be in usable shape and condition. Except in the case of single-family dwelling, no parking area shall contain fewer than three spaces. Parking areas shall be designed to provide sufficient turnaround area so that vehicles are not required to back onto public streets. Where an existing lot does not abut on a public or private street, alley or easement of access, there shall be provided an access drive leading to the parking or storage areas or loading spaces. Such access drive shall not be less than 10 feet wide. Access to off-street parking areas shall be limited to well defined locations, and in no case shall there be unrestricted access along a street. Specifically, single-lane driveways shall be at least 10 feet wide but shall not exceed 12 feet in width, double drives (for ingress and egress) may be up to 24 feet wide. Reasonable radius flairs at street or alley entrances/exits shall be permitted. There shall be at least 15 feet between driveways at the street line and at least five feet between a driveway and a fire hydrant, catch basin or street intersection radius.
(2)
Parking Within Yards. In residential districts required parking facilities shall be permitted only in the rear or side yards, or in driveway areas (see illustration). In other districts parking shall also be allowed in the front yard subject to Subsection 1B(4) below.
(3)
Number of Parking Spaces Required. The number of off-street parking spaces required is set forth below. Where the use of the premises is not specifically mentioned, requirements for similar uses shall apply. If no similar uses are mentioned, the parking requirements shall be one space for each two proposed patrons and/or occupants of that structure. Where more than one use exists on a lot, parking regulations for each use must be met. No parking shall be required of existing or future uses in the C-1 Downtown Commercial District except as required in § 27-308, Subsection 1P.
Parking | |||
|---|---|---|---|
Use | Required Parking Spaces | ||
1. | Auto Sales and Service | 1 for each 200 square feet GFA | |
2. | Service Stations | 1 for each 200 square feet GFA | |
3. | Single-family Dwelling and Duplex | 2 per dwelling unit | |
4. | Multi-family Dwelling | 2.5 per dwelling unit* | |
5. | Mobile Home Parks | 2.0 per each space | |
6. | Hotels and Motels | 1 per guest room** | |
7. | Funeral Home and Mortuaries | 25 for the first parlor 10 for each additional parlor | |
8. | Hospitals | 1 per each bed* | |
9. | Nursing Homes | 1 per each 3 beds | |
10. | Churches | 1 per each 4 seats | |
11. | Schools | 1 per each teacher and staff 1 for each 4 classrooms plus 1 for each 4 high school students | |
12. | Sports Arenas, Stadiums, Theaters, Auditoriums, Assembly Halls | 1 per each 3 seats | |
13. | Community Buildings, Social Halls, Dance Halls, Clubs and Lodges | 1 space for each 50 square feet of public floor area | |
14. | Roller Rinks | 1 space for each 200 square feet GFA | |
15. | Bowling Alleys | 5 per alley | |
16. | Banks and Offices | 1 for each 250 square feet GFA | |
17. | Medical Office and Clinics | 8 spaces per doctor | |
18. | Dental Offices | 5 spaces per doctor | |
19. | Retail Stores | 1 per each 200 square feet GFA | |
20. | Fast Food/Drive-In Restaurants | 1 per each 50 GFA** | |
21. | Furniture Stores | 1 per each 400 square feet GFA | |
22. | Food Supermarkets | 1 per each 200 square feet GFA | |
23. | Trailer and Monument Sales | 1 per each 2,500 square feet of lot area | |
24. | Restaurant, Taverns and Night-clubs | 1 for each 2.5 patron seats | |
25. | Swimming Pool (Public) | 1 for each 3 lockers | |
26. | Industrial and Manufacturing Establishment, Warehouses, Wholesale and Truck Terminals | 1 space per employee, on the largest shift | |
* | Multi-family units devoted to the elderly shall only be required to provide .5 parking spaces per unit. Such uses must supply adequate proof they will be dedicated to elderly tenants and shall be required to follow normal parking standards if they revert to nonelderly use. | |
** | Plus one space per employee and staff on major shift. | |
Note: GFA means gross floor area. | ||
(4)
Location and Parking. Required parking spaces shall be located on the same lot with the principal use. The Zoning Hearing Board may permit parking spaces to be located not more than 400 feet from the lot of the principal use, if the Board finds that it is impractical to provide parking on the same lot with the principal use.
(5)
Screening and Landscaping. Off-street parking areas for more than five vehicles, and off-street loading areas, shall be effectively screened (see definition of "screening") on any side which adjoins a residential district or use. In addition, there shall be a planting strip of at least five feet between the front lot line and the parking lot. Such planting strip shall be suitably landscaped and maintained.
(6)
Minimum Distance and Setbacks. No off-street loading or parking area for more than five vehicles shall be closer than five feet to any adjoining property line containing a dwelling, residential district, school, hospital or similar institution.
(7)
Surfacing. With the exception of single-family and duplex dwellings, all parking and loading areas and access drives shall have a paved or oiled surface, graded with positive drainage to dispose of surface water. Parking areas larger than 10,000 square feet shall submit a plan, including drainage provisions, to the Borough for approval. Lots shall be designed to provide for orderly and safe loading and parking.
(8)
Lighting. Any lighting used to illuminate off-street parking or loading areas shall be arranged so as to reflect the light away from the adjoining premises of any residential district or use and away from roads or highways.
§ 27-408 Signs.
[Ord. 457, 1/31/1994, § 408; as amended by Ord. 545, 2/26/2007, § 27-408]
1.
Application.
2.
General Intent.
3.
The following sign regulations shall be observed in all districts:
A.
In all districts, except the University District, each residence shall be required to display its street number upon the structure, or within the front yard, with numbers or letters at least three inches in height.
B.
This section shall not apply to the University District.
C.
The following signs shall be permitted in all districts, and no permit shall be required to erect such signs:
(1)
Temporary signs announcing a campaign, drive or event of a civic, philanthropic, educational or religious organization; provided, such sign shall not exceed 32 square feet in area and shall be removed immediately upon the completion of the campaign, drive or event.
(2)
Signs offering the sale or rental of the premises upon which the sign is erected; provided, that the area of any such sign shall not exceed two square feet and not more than one such sign shall be placed on the property unless such property fronts on more than one street, in which case one sign may be erected on each street frontage.
(3)
Temporary signs of contractors, developers, architects, engineers, builders and artisans, erected and maintained on the premises where the work is being performed; provided, that the area of such sign shall not exceed 32 square feet; and, provided, that such sign shall be removed upon completion of the work.
(4)
No trespassing signs, signs indicating the private nature of a road, driveway or premises, signs controlling fishing or hunting on the premises, provided that the area of such sign shall not exceed two square feet.
(5)
Political signs.
D.
No signs shall be permitted within public rights-of-way, except those of a duly constituted governmental body, including traffic signs and similar regulatory notices.
E.
Directional and information signs, not exceeding four square feet in area, per use, premises or establishment and used for the direction and protection of the public, shall be permitted in all nonresidential districts.
F.
No sign shall project more than 12 inches from the building facade to which it is attached, except that signs may project at ninety-degree angles in commercial districts as provided in Subsection 5D of this section.
G.
No sign that is a part of, or is supported by, a building shall be erected upon the roof of such building, nor shall such sign extend above the height of the building.
H.
The height of freestanding signs from curb level to the top of the sign shall not exceed 15 feet in all areas except commercial districts where they may extend to 25 feet in height.
I.
In residential, agricultural, recreational and industrial districts, signs will be permitted in the front yard, but must be at least 10 feet behind the front property line. In commercial districts, signs may be permitted up to the front yard line except where such signs would interfere with the required free sight triangle (see § 27-403, Subsection 3), or where they would interfere with pedestrian or traffic visibility. Signs shall not project over or onto any public right-of-way.
J.
Signs may be lighted with nonglaring lights, or may be illuminated by shielded floodlights. No red, green or amber lights shall be permitted, and lighting shall be screened from adjacent properties. No lights of intermittent, flashing or animated types shall be permitted. No mechanical signs will be permitted.
K.
Every sign shall be constructed of durable material and kept in good condition and repair and not permitted to become dilapidated.
L.
Any obsolete sign will be permitted for 60 days.
4.
In residential districts, the following signs shall be permitted:
A.
Home occupation or nameplate sign displaying the name and address of the occupant or the profession or activity of the occupant of a dwelling unit; provided, that not more than one such sign shall be erected for each permitted use; and, provided, that the area of each such sign shall not exceed two square feet; and, provided, that each such sign shall be fixed flat on the main wall of such building or may be erected in the front yard, but not within 10 feet of a street line.
B.
Sign, bulletin board, announcement board or identification sign for schools, churches, hospitals or other principal uses and buildings other than dwellings on the same lot therewith for the purpose of displaying the name of the institution and its activities or services; provided, that the area of any such sign shall not exceed 32 square feet and not more than one such sign shall be erected on any one street frontage.
C.
For multiple unit dwelling complexes, one sign, not to exceed two square feet per building, shall be permitted identifying the name, address and telephone number of the owner or manager. In addition, one sign which exclusively identifies the multiple unit dwelling complex by its commonly known name, said sign not to exceed 32 square feet, shall be permitted.
5.
In commercial districts, the following signs shall be permitted:
A.
Signs directing patrons, members or audience to temporary exhibits, shows or events; provided, that such sign shall not exceed six square feet; shall be removed within two weeks after the date of the exhibit, show or event; shall not be posted earlier than two weeks before the date of the exhibit, show or event.
B.
Wall signs, provided that the total of such signs shall be limited to two square feet for each lineal foot of horizontal building facade length, but not to exceed an aggregate area of 60 square feet. May be illuminated or nonilluminated. Wall signs shall be allowed on all building frontages. Such signs shall not extend more than 12 inches from the main wall of the building.
C.
Special temporary promotional devices, signs or displays, such as banners or pennants. For displaying a banner, Council policy, where such signs are outside of a building, is that they shall remain on display for a period not to exceed 30 consecutive days.
D.
Signs attached to a wall which project in such a manner that the faces of the sign form an angle of 90° with the wall shall be permitted in commercial districts, subject to the following regulations:
(1)
Such signs shall not project more than six feet from the wall.
(2)
Only one such sign shall be permitted per premises, and only in lieu of other signs.
(3)
Such signs shall be nonglaring and nonmoving.
(4)
There shall be a minimum height from the curb level to the bottom of the sign of 10 feet.
(5)
Signs shall have a maximum area of 16 square feet on each face.
E.
Pole Signs. May be illuminated or nonilluminated. The area per sign face shall not exceed 50 square feet in surface area per face. No more than two sign faces shall be permitted. There shall be at least 10 feet of clearance between ground level and the bottom of the sign face.
F.
Ground Signs. Shall not exceed 12 square feet in size and may be illuminated or nonilluminated.
G.
Shopping Centers (Multi-tenant Identification Signs). One directory-type sign shall be permitted for a shopping center which identifies the name of the shopping center and the tenants of the facility. Such a sign shall not exceed 50 square feet in overall size per sign face. In addition, some 12 square feet for each tenant name may be used on the directory sign (see illustration). Tenants will be allowed signs on, or in the shopping center in accordance with Subsection 5B, above.
H.
Multi-tenant Building. Where more than one tenant exists in a building, each tenant shall be allowed a sign consistent with the requirements of this chapter.
I.
No signs shall be permitted within the public right-of-way except those of a duly constituted governmental body, including traffic signs and similar regulatory notices.
J.
Directional and information signs, not exceeding four square feet in area, per use, premises or establishment and used for the direction and protection of the public, shall be permitted in all nonresidential districts.
K.
No sign shall project more than 12 inches from the building facade to which it is attached, except that signs may project at ninety-degree angles in commercial districts as provided in Subsection 3D of this section.
L.
No sign that is a part of, or is supported by, a building shall be erected upon the roof of such building, nor shall such sign extend above the height of the building.
M.
The height of freestanding signs from curb level to the top of the sign shall not exceed 15 feet in all areas except commercial districts where they may extend to 25 feet in height.
N.
In residential, agricultural, recreational and industrial districts, signs will be permitted in the front yard, but must be at least 10 feet behind the front property line. In commercial districts, signs may be permitted up to the front yard line except where such signs would interfere with the required free sight triangle (see § 27-403, Subsection 3), or where they would interfere with pedestrian or traffic visibility. Signs shall not project over or onto any public right-of-way.
O.
Signs may be lighted with nonglaring lights, or may be illuminated by shielded floodlights. No red, green or amber lights shall be permitted, and lighting shall be screened from adjacent properties. No lights of intermittent, flashing or animated types shall be permitted. No mechanical signs will be permitted.
P.
Every sign shall be constructed of durable material and kept in good condition and repair and shall not be permitted to become dilapidated.
Q.
Any obsolete sign will be permitted for 60 days.
S.
Political Signs. Such signs shall be permitted in all districts. They shall not exceed six square feet in size. These signs shall be permitted up to 30 days prior to the appropriate election and removed within one week after such election. If signs are not removed in the required one week, a notice will be issued to the property owner.
6.
In the Industrial District, advertising signs and business signs are permitted provided that such signs shall not exceed an aggregate area of 60 square feet.
§ 27-409 Steep Slope Areas.
[Ord. 457, 1/31/1994, § 409]
Any development of slopes of more than 15% must be submitted on a plan prepared by a registered engineer or architect showing how the development will treat the slope problem. The Zoning Officer shall refer the plan to the Borough Engineer or a consulting engineer for review and advice before issuing any permit.
§ 27-410 Swimming Pools.
[Ord. 457, 1/31/1994, § 410; as amended by Ord. 585, 9/12/2011]
1.
All swimming pools shall be enclosed by a fence at least four feet high for the purpose of public safety. The fence is to be so constructed so that small children cannot climb under, through or on the fence. Gates shall also be so constructed so they can be secured to prevent access by small children. For aboveground pools, the pool structure may be used as part of the required fencing. Any ladder or steps used to access to aboveground pool must be secured to prevent access by small children. (See also § 27-403, Subsection 4).
2.
In addition to the requirements of this chapter, installation of swimming pools shall comply with applicable provisions of the Pa. Uniform Construction Code and referenced codes.
§ 27-411 Flood Hazard Areas.
[Ord. 457, 1/31/1994, § 411]
The Borough of Edinboro has adopted an ordinance regulating development within floodplains [Chapter 8]. All development within designated areas is required to follow the regulations contained in said chapter.
§ 27-412 Satellite Dish Antenna.
[Ord. 457, 1/31/1994, § 412]
1.
Shall be allowed in the rear yard only of any district. In addition, the following conditions must be met:
A.
In residential and commercial districts, such devices shall be the receive only variety. They shall be at least 10 feet from any lot line and the dish shall not exceed 12 feet in diameter. Overall height shall not exceed 15 feet.
B.
In industrial districts, both receiving and transmitting antennas will be allowed in rear yards. Sizes up to 11 meters in diameter will be permitted with overall heights to 35 feet. For any transmitting antenna, the installer shall present information relative to any radiation hazard and how it will be resolved.
§ 27-413 RC Recreation District.
[Ord. 457, 1/31/1994, § 413]
The purpose of this district is to provide recreation uses, on publicly owned land. Though a range of recreation and accessory uses will be allowed, limitations will be observed. Specifically, these uses will be limited to exclude the use of horses, motorized recreational vehicles, automobiles, trucks, and overnight camping.
§ 27-414 Individual Mobile Homes.
[Ord. 457, 1/31/1994, § 414; as amended by Ord. 585, 9/12/2011]
Such uses must meet all yard and lot requirements of this chapter. Installation must comply with applicable federal and state regulations for manufactured dwellings. In addition that shall be placed upon a perimeter foundation with footer below the frost line and shall have permanent hookups to sanitary sewer, water and other utilities. Any mobile home built prior to June of 1974 or which lacks proof of compliance with the National Manufactured Home Construction and Standards Act of 1974 must comply with all Borough Building Codes. (See NCSBCS A225.1-1987 for guidelines.)
§ 27-415 Regulated Rental Units.
[Ord. 457, 1/31/1994, § 416; as added by Ord. 563, 8/11/2008, § 2]
§ 27-416 Solar Energy Systems.
[Ord. 457, 1/31/1994, § 417; as added by Ord. 572, 11/9/2009]
1. ORIENTATION SOLAR ENERGY SOLAR ENERGY SYSTEM
Definitions. The following definitions shall be used in reference to the provisions of this section:
The placement and installation of solar collectors in a manner and position that provides the greatest efficiency in the collection of solar energy. This is determined and calculated by solar location during specific time of the calendar year.
Radiant energy whether direct, diffused or reflected that is received from the sun.
Any solar collector or other solar energy device, or any structural design feature mounted on a building or on the ground, and whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling, for water heating or for electrical generation.
2.
Classifications.
A.
Solar energy systems utilized for private and on-site purposes are an accessory to the primary land use. They shall provide electrical power only to structures on subject property.
B.
Solar energy systems which are the primary land use and utilized to provide electrical power to customers that are off-site shall be deemed as a public utility substation as defined and regulated as such in this chapter.
3.
Applicability.
A.
The provisions of this section shall apply to solar energy systems installed and constructed after the effective date of amendment.
B.
Solar energy systems installed prior to the effective date shall be permitted to remain provided they do not constitute a hazard to neighboring properties or the borough as a whole.
C.
Any upgrade, modification or structural change that affects the size or placement of the solar energy system shall comply with the requirements of this chapter.
4.
5.
Height Limitations and Setbacks.
A.
Solar energy systems and associated equipment shall not be located in front yard areas.
B.
Ground mounted solar energy systems must comply with all height limits and setback requirements for utility structures in which zoning district it is located.
C.
Roof mounted systems shall conform to height requirements previously established in this Part.
6.
Easements. The provisions of this section shall not imply nor require the application of solar easements among neighboring properties. Compliance with specific provisions of this section shall not be interpreted to require removal or trimming of trees or other obstructions from neighboring properties. Any solar easement that is established shall be independent of this chapter. Easements shall be legally documented and the responsibility of current and future property owners.
FPN: Persons should review all relevant factors when considering solar energy systems for private use. Certain conditions including topography, position of dwelling and obstructions such as trees and structures both on site and neighboring, could render the property unsuitable for the installation of solar equipment. |
7.
Inactive Solar Equipment. Any solar equipment installation that is taken out of service for more than 90 days shall be deemed as non-generating. Such system installations shall be removed from service and completely disassembled. Solar energy systems undergoing repairs or in the process of repair are exempt from this section provided proper documentation can support such claim.
§ 27-417 Wind Turbines.
[Ord. 457, 1/31/1994, § 418; as added by Ord. 573, 11/9/2009]
1. SMALL WIND TURBINE TURBINE HEIGHT WIND TURBINE WIND TURBINE FACILITY
Definitions. The following definitions shall be used in reference to the provisions of this section:
A wind turbine that produces from 1 to 100 kWh of electricity which is designed and installed to serve a principal and/or accessory structure located on the same parcel.
The distance measured from the surface of the tower foundation to the highest point of the turbine rotor plane.
A mechanical device that converts wind energy into electricity through the use of a wind turbine generator and includes the nacelle, rotor, tower and transformer.
A single turbine or group of wind turbines constructed on land in which the primary use is the generation of electricity for commercial and residential distribution purposes. This is also known as a windmill farm.
2.
Classifications.
A.
Small wind turbines utilized for private and on site purposes shall be an accessory structure/use to the primary land use. They shall provide electrical power only to structures on subject property.
B.
Wind turbine facilities which are the primary land use and utilized to provide electrical power to customers that are off site shall be deemed a public utility substation as defined and regulated as such in this chapter.
4.
Design and Installation.
A.
Wind turbines and equipment shall comply with applicable provisions of the Pennsylvania Uniform Construction Code [Chapter 5, Part 1] and regulations adopted by the Department of Labor and Industry. Surplus power that is generated and connected to utility company grid must comply with applicable standards of the utility provider.
B.
The installation shall conform to recognized standards of the wind turbine industry.
C.
The wind turbine operation shall not interfere with radio/television transmitting or receiving frequencies.
D.
The wind turbine shall not create a noise level greater than 50dB and shall not create an audible nuisance to neighboring properties.
FPN: According to US Department of Energy National Renewable Energy Laboratory Wind Resource Map, the Edinboro area is not a region of sustainable winds. Persons should review all relevant factors when considering the feasibility of wind energy for private use. Certain conditions such as topography, height limitations and lack of sustained winds greatly limit a wind turbine's generating capacity. |
5.
Height Limitations and Setbacks.
A.
Turbine height is defined in Subsection 1 and is limited to the height established for the applicable zoning district.
B.
Setbacks for small wind turbines shall be that of utility structures located in the same zoning district.
C.
Wind turbine facilities shall be regulated as a conditional use and subject to the application process required by this chapter.
6.
Nonoperating Wind Turbines and Equipment. Wind turbines that are taken out of service for a period of more than 90 days are deemed as non-generating and shall be removed from service and completely disassembled. Wind turbines undergoing repairs or in the process of repair are exempt from this section provided proper documentation can support such claim.
§ 27-418 Small Wireless Facilities.
[Added by Ord. No. 623, 5/9/2022]
1.
The installation of small wireless facilities shall be a permitted use in all Zoning Districts of the Borough.
2.
The Borough shall permit wireless providers, with the permission of owners of the structure and subsequent to the issuance of a proper zoning permit, to:
3.
The Borough shall not enter into an exclusive arrangement with any person for use of the right-of-way for: (1) collocation; or (2) the installation, operation, modification or replacement of utility poles with small wireless facilities attached.
4.
A wireless provider who wishes to install a small wireless facility shall apply to the Borough's Zoning Officer for a zoning permit. The Borough will develop and distribute a small wireless facility application for zoning permits. General permit applications shall not be permitted for small wireless facilities installation.
5.
Zoning permits shall not be required for the following actions:
A.
Routine repair or maintenance work on existing small wireless facilities.
B.
The replacement of existing small wireless facilities with substantially similar or smaller small wireless facilities.
C.
The installation of micro-wireless facilities that are placed on cables between existing utility poles.
6.
The Borough Council shall establish a small wireless facility application fee by duly-adopted resolution of the Borough Council. Subject to fee adjustments pursuant to 53 P.S. § 11704.7(c), as may be amended, the small wireless facility application fee shall not exceed $500 for an applicant seeking approval for no more than five small wireless facilities. The fee may be increased by up to $100 for each additional small wireless facility. For a small wireless facility that requires the installation of a new or replacement utility pole, the application fee shall not exceed $1,000.
7.
The Borough is obligated to inform a small wireless facilities applicant if their small wireless facility application is incomplete within 10 business days of receipt of a small wireless facility application. The notice must specifically identify the missing information provided on the initial small wireless facility application. In the event that applicant corrects the errors in the small wireless facility application, the time period for rendering a decision on the small wireless facility application will reset.
8.
An applicant seeking to collocate multiple small wireless facilities within the Borough may be permitted to file a consolidated small wireless facility application for collocation of multiple small wireless facilities in accordance with the following:
A.
The consolidated small wireless facility application shall not exceed 20 small wireless facilities.
B.
The denial of one or more small wireless facilities in a consolidated small wireless facility application shall not delay processing of any other small wireless facilities in the same consolidated zoning permit application.
C.
A single applicant may not submit more than one consolidated or 20 individual small wireless facility applications within a thirty-day period.
9.
The Borough shall make a decision on the small wireless facility application within:
A.
Sixty days for an application to collocate a small wireless facility on an existing utility pole.
B.
Ninety days for an application to replace a utility pole or install a new utility pole for small wireless facilities installation.
C.
In the event that the Borough receives more than one consolidated small wireless facility application or more than 20 small wireless facility applications for small wireless facilities within a single forty-five-day period, the time periods above shall be extended to 75 days and 105 days.
10.
The Borough shall be permitted to deny a small wireless facility application or a consolidated small wireless facility application for small wireless facilities only if the any of the following apply:
A.
The small wireless facility materially interferes with the safe operation of traffic control equipment, sight lines, or clear zones for transportation or pedestrians, fails to comply with the Americans with Disabilities Act of 1990, as amended, or fails to comply with similar federal or Pennsylvania standards regarding pedestrian access or movement.
B.
The small wireless facility fails to comply with the requirements of this section and other applicable codes.
C.
The small wireless facility fails to comply with the requirements under the Small Wireless Facilities Deployment Act, as amended.
D.
The applicant fails to submit a report by a qualified engineering expert which shows that the small wireless facility will comply with applicable FCC regulations.
11.
In the event that the Borough denies a small wireless facility application, the Borough must provide the applicant a notice of denial, including the basis for the denial, within five days of the decision.
12.
In the event that the Borough denies a small wireless facility application, the applicant may attempt to cure the deficiency and resubmit the small wireless facility application within 30 days of the date of denial. Upon receiving the re-submitted application, the Borough shall be given 30 additional days to either accept the resubmitted small wireless facility application or deny the same.
13.
Zoning permits for the installation of small wireless facilities shall be valid for a one-year period, subject to extension or renewal at the Borough's sole discretion.
14.
When applying to install a new utility pole under this act, the Borough may require the wireless provider to demonstrate that it cannot meet the service reliability and functional objectives of the application by collocating on an existing utility pole or municipal pole instead of installing a new utility pole. The Borough may require the wireless provider to self-certify that the wireless provider has made this determination in good faith and to provide a documented summary of the basis for the determination. The wireless provider's determination shall be based on whether the wireless provider can meet the service objectives of the application by collocating on an existing utility pole or municipal pole on which: 1) The wireless provider has the right to collocation; 2) The collocation is technically feasible and would not impose substantial additional cost; 3) The collocation would not obstruct or hinder travel or have a negative impact on public safety.
15.
Approval of an application authorizes the applicant to:
A.
Collocate on an existing utility pole, modify or replace a utility pole or install a new utility pole with small wireless facilities attached as identified in the initial application.
B.
Subject to the permit requirements and the applicant's right to terminate at any time, operate and maintain small wireless facilities and any associated equipment on a utility pole covered by the permit for a period of not less than five years, which shall be renewed for two additional five-year periods if the applicant is in compliance with the criteria set forth in this act or applicable codes consistent with this act and the applicant has obtained all necessary consent from the utility pole owner.
16.
All small wireless facilities will be installed so as not to hinder travel, hinder public safety, or obstruct the legal use of the right-of-way by the Borough and/or other authorized users.
17.
The Borough shall allow collocation on municipal poles using the process required under this act and applicable codes unless the small wireless facility would cause structural or safety deficiencies to the municipal pole, in which case the Borough and applicant shall work together for any make-ready work or modifications or replacements that are needed to accommodate the small wireless facility. All structures and facilities shall be installed and maintained so as not to obstruct nor hinder travel or public safety within the right-of-way.
18.
Each new small wireless facility installed in the Borough's right-of-way shall be installed on an existing utility pole or a new utility pole shall be subject to the following:
A.
The installation of a small wireless facility on an existing utility pole shall not extend more than five feet above the existing utility pole.
B.
If collocation on an existing utility pole cannot be achieved, a small wireless facility may be installed on a new or replacement utility pole. The maximum permitted height of the utility pole and installed small wireless facility shall not be taller than 50 feet above ground level.
C.
A wireless provider may request a height limit waiver or variance in its permit application, with said request requiring the approval of the Zoning Hearing Board.
19.
Pursuant to 53 P.S. § 11704.3(h), the Borough Council may, by resolution, create design guidelines to minimize the aesthetic impact of small wireless facilities so long as the design guidelines are technically feasible, do not have the effect of prohibiting the wireless provider's technology, and do not unreasonably discriminate among wireless providers of functionally equivalent services.
20.
The Borough of Edinboro shall establish fees, by resolution of the Borough Council, for the use of its rights-of-way for the installation of small wireless facilities. Said fee shall not exceed $270 unless the Borough establishes the following:
21.
Right of access to rights-of-way.
A.
Under the provisions of this act, in accordance with applicable codes, and with the permission of the owner of the structure, a wireless provider shall have the right to perform the following within the right-of-way: i) Collocate; and ii) Replace an existing utility pole or install a new utility pole with attached small wireless facilities.
B.
All structures and facilities shall be installed and maintained so as not to obstruct nor hinder travel or public safety within the right-of-way or obstruct the legal use of the right-of-way by the Borough and utilities.
22.
General requirements for uses of rights-of-way. Wireless providers shall use the rights-of-way in accordance with the requirements of 53 P.S. § 11704.4(9), including, but not limited to, the 2017 National Electrical Safety Code and the Workers' Compensation Act.
23.
A wireless provider shall repair any and all damage to the right-of-way or any other land that is disturbed or damaged directly by the activities of the wireless provider and/or their contractors during the installation of small wireless facilities.
24.
The approval of the installation, placement, maintenance or operation of a small wireless facility under this section shall not authorize the provision of any communications services without compliance with all applicable laws or the installation, placement, maintenance or operation of any communications facilities other than wireless facilities and associated utility poles in the right-of-way.
25.
The Borough may reserve space on an existing municipal pole for future public safety or transportation uses in a documented and approved plan as adopted at the time an application is filed. A reservation of space shall not preclude collocation, the replacement of an existing utility pole or the installation of a new utility pole. If the replacement of a municipal pole is necessary to accommodate collocation and the reserved future use, the wireless provider shall pay for the replacement municipal pole and the municipal pole shall accommodate the future use.
26.
The Borough shall allow collocation on municipal poles using the process required under this section unless the small wireless facility would cause structural and safety deficiencies to the municipal pole. In the case that structural or safety deficiencies are present on a municipal pole, the Borough and the applicant will work together to provide make-ready work or modifications or replacements that are needed to accommodate the small wireless facility.
27.
In the event that the Borough and applicant are required to provide make-ready work, modifications, or replacement of municipal poles in accordance with § 27-418, Subsection 19, the Borough shall provide a good faith estimate for any make-ready work necessary to support the collocation and the fees will be paid for solely by the applicant. The make-ready work on the municipal pole shall be completed within 60 days of the acceptance of the good-faith estimate by the applicant.
28.
In the event a wireless provider fails to repair any damages caused by the wireless provider during small wireless facilities installation after 30 days' written notification by the Borough, the Borough may repair the damages and charge the wireless provider the reasonable documented cost of repairs and a penalty not to exceed $500.
30.
In the event that a wireless provider is not in compliance with any of the provisions of the Small Wireless Facilities Act or this section, the Borough shall provide a notice of noncompliance and give the wireless provider 30 days to cure all noncompliance.
A.
If a wireless provider fails to comply or fails to bring its facilities into compliance after 30 days, the Zoning Officer may revoke the zoning permit and the wireless provider has 60 days to remove their facilities from the Borough after the date of revocation.
B.
In the event that a wireless provider allows a zoning permit to expire, without extension or non-renewal, the wireless provider shall be accorded 90 days to remove their facilities from the Borough from the date of the zoning permit's expiration.
31.
In the event that the Borough's Zoning Officer revokes a zoning permit for a small wireless facility, the wireless provider shall remove the small wireless facility and any associated equipment, including but not limited to, the utility pole and any support structures.
32.
Wireless providers shall fully indemnify and hold the Borough, its officers, employees, and agents harmless against any claims, lawsuits, judgments, costs, liens, expenses, fees, or any other damages caused by the wireless provider while installing, repairing, or maintaining small wireless facilities or utility poles within the Borough's right-of-way.
33.
The Borough may not institute a moratorium on filing, receiving, processing applications, or issuing permits for the collocation or installation of small wireless facilities within the Borough.
34.
In the event of a conflict between this Zoning Ordinance and the Small Wireless Facilities Deployment Act, at 53 P.S. § 11704.1 et seq., as amended, the provisions of the Small Wireless Facilities Deployment Act will apply.