Elizabeth Township Allegheny County
City Zoning Code
City Zoning Code
ARTICLE XV
SUPPLEMENTAL REGULATIONS
§ 1500 Applicability.
The supplemental regulations in this article supplement the requirements of Articles IV through XII governing each zoning district and shall apply to all uses in all zoning districts.
§ 1501 Performance Standards.
The following performance standards shall apply to all permitted uses, conditional uses and uses by special exception in the B-1, B-2 and M-1 Districts. All conditional uses and uses by special exception in all districts shall comply with the requirements of this section. In order to determine whether a proposed use will conform to the requirements of this chapter, the Board of Commissioners or Zoning Hearing Board may require a qualified consultant to testify, whose cost for services shall be borne by the applicant.
1501.1
Fire Protection. Fire prevention and fire-fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
1501.2
Electrical Disturbances. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
1501.3
Noise. No operation or activity shall cause or create noise in excess of the sound levels prescribed below:
A.
Residential Districts: At no point beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 60 dBA for more than four hours during a twenty-four-hour equivalent period.
B.
Commercial Districts: At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 65 dBA for more than eight hours during a twenty-four-hour equivalent period.
C.
Industrial Districts: At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 75 dBA for more than eight hours during a twenty-four-hour equivalent period.
D.
Where two or more zoning districts in which different noise levels are prescribed share a common boundary, the most restrictive noise level standards shall govern.
E.
The following uses or activities shall be exempted from the noise regulations:
F.
In addition to the above regulations, all uses and activities within the Township shall conform to all applicable county, state and federal regulations. Whenever the regulations contained herein are at variance with any other lawfully adopted rules or requirements, the more restrictive shall govern.
1501.4
Vibrations. Vibrations detectable without instruments on neighboring property in any zoning district shall be prohibited.
1501.5
Odors. No use shall emit odorous gas or other odorous matter in such quantities as to be offensive at any point on or beyond the lot lines. The guide for determining such quantities shall be the 50% response level of Table 1 (Odor Thresholds in Air), "Research on Chemical Odors: Part I - Odor Thresholds for 53 Commercial Chemicals," October, 1968, Manufacturing Chemists Association, Inc., Washington, D.C.
1501.6
Smoke, Ash, Dust, Fumes, Vapors and Gases. There shall be no emission at any point for longer than five minutes in any hour of visible gray or other color smoke, ash, dust, fumes, vapors or gases with a shade darker than No. 3 on the Standard Ringlemann Chart issued by the U.S. Bureau of Mines; nor shall there be any emission at any point from any source which can cause damage to health, to animals or vegetation or other forms of property or which can cause excessive soiling at any point.
1501.7
Glare. All lighting devices shall be designed with shields, reflectors or refractor panels which direct and cut off light at a cut-off angle that is less than 60°. (See illustration in Appendix B[1].)
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
1501.8
Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties.
1501.9
Water Pollution. Water pollution shall be subject to the standards established by the Pennsylvania Department of Environmental Protection (PA DEP).
1501.10
Determination of Compliance with Performance Standards. During the review of an application for zoning approval, the applicant may be required to submit data and evidence documenting that the proposed activity, facility or use will comply with the provisions of this section. In reviewing such documentation, the Township may seek the assistance of any public agency having jurisdiction or interest in the particular issues and the Township may seek advice from a qualified technical expert. All costs of the expert's review and report shall be paid by the applicant. A negative report by the technical expert and the applicant's refusal or inability to make alterations to ensure compliance with this section shall be a basis for denying approval of the application.
1501.11
Continuing Enforcement. The Zoning Officer shall investigate any purported violation of the performance standards and, subject to the approval of the Board of Commissioners, may employ qualified technical experts to assist in the determination of a violation. Costs of the services of such experts shall be paid by the owner or operator of the facility or use accused of the violation if the facility or use is found to be in violation. If the facility or use is found to be in compliance with the performance standards, said costs shall be borne by the Township.
§ 1502 Buffer Areas and Landscaping.
1502.1
Buffer Areas Described. Buffer areas, as defined by this chapter and required by § 1502.2, shall meet all of the following criteria (See Appendix C for illustrations of buffer areas[1]):
A.
Buffer Area "A" shall contain two rows of plantings. Each row shall consist of a mixture of 30% deciduous and 70% evergreen plantings spaced within the row a minimum of 15 feet apart, measured from the vertical centerlines of adjacent trees. The two rows shall be staggered in a manner which shall result in adjacent trees on two different rows being no more than 10 feet apart, measured from the vertical centerlines of the trees. The depth of Buffer Area "A" shall be 35 feet as measured from the property line.
B.
Buffer Area "B" shall contain one row of plantings which shall consist of a mixture of 30% deciduous and 70% evergreen spaced within the row a minimum of 10 feet apart, measured from the vertical centerlines of adjacent trees. The depth of Buffer Area "B" shall be 25 feet as measured from the property line.
C.
Buffer Area "C" shall be comprised of a continuous, compact evergreen hedge or line of evergreen trees that will grow together when mature and that are a minimum of six feet in height at the time of planting. The depth of Buffer Area "C" shall be 15 feet as measured from the property line.
D.
None of the required plantings shall encroach across any property line. All plantings shall be located so that, at maturity, all parts of the tree shall be a minimum of 2 1/2 feet from any public street right-of-way or any property line which constitutes the exterior boundary of the buffer area.
E.
In the event that existing vegetation and/or existing topography provides screening which is adequate to meet the intent of the required buffer area to screen the buildings, activities and parking areas from adjoining residential properties, the Board of Commissioners, upon recommendation by the Planning Commission, may determine that the existing topography and/or vegetation constitutes all or part of the required buffer area. If such a determination is made, the applicant may be required to record a conservation easement of the depth specified by the Board of Commissioners to guarantee that the existing topography and/or vegetation will not be disturbed or removed from the approved buffer area.
F.
In the event that a public street right-of-way, dedicated and accepted by the Township, separates the two dissimilar uses specified, the buffer area shall not be required.
G.
Openings for driveways shall be permitted to cross a required buffer area. Plantings in required buffer areas shall be located so as to not obstruct visibility for traffic entering or leaving the site and shall be subject to the clear sight triangle requirements of § 1503.4 of this chapter.
H.
No structures or uses shall be permitted in the required buffer area, other than active or passive recreation facilities and stormwater management facilities, provided the structures or uses do not interfere with the required plantings in the buffer area and provided all plantings are located outside any stormwater management structure. Structures or uses not permitted within the required buffer area include, but are not limited to, buildings, accessory structures, parking spaces, access driveways and lighting devices.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
1502.2
Buffer Areas Required. Buffer Areas "A," "B" and "C" listed in § 1502.1 above shall be required under the following circumstances:
A.
Buffer Area "A." Buffer Area "A" shall be required:
(1)
Along all property lines where any development in the B-2 or M-1 District adjoins property in an S-C, R-C, R-1, R-2, R-3 or R-4 District.
(2)
Where the express standards and criteria for a conditional use or use by special exception in § 1403 of this chapter specify that Buffer Area "A" is required.
(3)
Along all property lines where a planned residential development adjoins property in an S-C, R-C, R-1, R-2 or R-3 District.
(4)
Along all property lines where multifamily dwellings adjoin property in an R-1, R-2 or R-4 District.
B.
Buffer Area "B."
(1)
Along all property lines where any development in the B-1 District or any legal nonconforming nonresidential use in an S-C, R-C or R Zoning District adjoins property in an S-C, R-C, R-1, R-2, R-3 or R-4 District.
(2)
Where the express standards and criteria for a conditional use or use by special exception in § 1403 of this chapter specify that Buffer Area "B" is required.
(3)
Along all property lines where a planned shopping center adjoins property in an M-1 District.
(4)
Along all property lines where a planned industrial park adjoins property in a B-1 or B-2 District.
C.
Buffer Area "C."
(1)
Where the express standards and criteria for a conditional use or use by special exception in § 1403 of this chapter specify that Buffer Area "C" is required.
(2)
On developed nonresidential properties in the B-1 or B-2 District where existing conditions such as building location and existing paving of the parking lot make it impossible to meet the requirements for Buffer Area "B" along a property line which adjoins property in an S-C, R-C, R-1, R-2, R-3 or R-4 District.
1502.3
Conflict Between Buffer Area and Yard Requirements. When the width of a required buffer area is in conflict with the minimum yard requirements of Articles IV through XII, the greater distance shall apply. The buffer area planting requirement shall be adhered to regardless of the yard requirement.
1502.4
Existing Structures in Buffer Areas. In instances where an existing structure is located within any required buffer area, the buffer area may be reduced, provided the buffer area is not less than the minimum distance between the existing structure and the property line. This reduced buffer area width shall apply only to the side of the existing structure which encroaches on the required buffer area. The required buffer area, as determined by § 1502.1, shall apply on all other sides of the existing structure.
1502.5
Existing Trees in Buffer Areas.
A.
Where trees already exist within the required buffer area, these trees shall remain undisturbed, except that diseased or dead material may be removed. If it is determined that some healthy trees must be removed in conjunction with development, a written request to remove such trees must be submitted to the Township, along with an explanation detailing the rationale for the request. These trees shall not be removed until the Township has given written authorization permitting said removal. This permission will not be unreasonably denied; however, those who violate this section shall be subject to the maximum penalties authorized by this chapter.
B.
When any trees, regardless of their physical condition, are removed, they shall be replaced by trees suitable to the environment. (See Appendix D for a suggested list of plant materials[2].) All such replacement planting shall be in accordance with accepted conservation practices.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
1502.6
Size of Trees in Required Buffer Areas.
A.
Any existing trees within the required buffer area which are a minimum of four inches in diameter at a point one foot above the ground shall be preserved and shall count as a required tree within the buffer area. At no point, however, shall any existing trees and required trees be separated at a distance greater than the distance specified in the required buffer area.
B.
All trees required to be planted within the buffer area shall be a minimum of two inches in diameter at a point one foot above the ground measured along the trunk of the planted tree which tree shall be planted in accordance with accepted conservation practices. All required trees shall be a minimum of six feet in height at time of planting measured from the ground adjacent to the planted tree to the top of the tree.
1502.7
Responsibility for Maintenance. It shall be the responsibility of the landowner or lessee to assure the continued growth of all required landscaping and/or to replace the same in the event of frost, vandalism, disease or other reasons for the discontinued growth of the required trees, shrubs and bushes.
1502.8
Stormwater Management Facilities in Buffer Areas. Stormwater management facilities and structures may be maintained within a buffer area, but the existence of such facilities or structures shall not be a basis for failure to meet the planting requirements.
1502.9
Landscaping of Open Areas. All yard areas not utilized for parking facilities, driveways, gardens, the planting of trees or shrubs, flower, vegetable or herb beds or similar uses shall be seeded, sodded or landscaped within a reasonable period of time. The phrase "reasonable period of time" shall be interpreted to be within two weeks after construction activities are completed, unless those activities are completed between November 1 and April 1. In such case, the required sodding or seeding shall occur by April 15.
1502.10
Additional Landscaping Specifications. Landscaping shall be provided in accordance with the following specifications:
A.
Planting required in buffer areas as outlined in § 1502.2 shall not be substituted for any required planting mandated in this section.
B.
A landscaping plan, with detailed drawings, shall be submitted with the final application for approval of the land development plan required by the Township Subdivision and Land Development Ordinance[3] and this landscaping plan shall contain and show the following information:
(1)
All required buffer areas with proposed plantings (identifying each proposed tree, bush or shrub) drawn to scale and identifying the height and width of any proposed mounds.
(2)
All required planting independent of any buffer area requirements (identifying each tree, bush, shrub, the use of sod or seeding, etc.) drawn to scale.
(3)
Any planting in excess of the requirements in § 1502.1 and § 1502.2 of this chapter.
(4)
Any existing trees or vegetation which are to be preserved, accurately identifying their relative location.
(5)
Any existing trees or vegetation which will be removed, accurately identifying their relative location.
C.
Parking areas shall be landscaped in accordance with the following requirements:
(1)
In the event that a parking area containing 20 or more spaces is not already separated from property in an S-C, R-C or R Zoning District by a buffer area, then Buffer Area C, as defined by § 1502.1, shall be provided along any property line where the parking area adjoins property in an S-C, R-C or R Zoning District.
(2)
If parking is located in a required front yard, the parking area shall be located at least 10 feet from the public street right-of-way and the area between the street right-of-way and the parking area shall be landscaped with a mix of landscaping materials from the List of Suggested Plant Materials in Appendix D,[4] including ground cover, trees and shrubs. The location of these landscaping materials shall not obstruct visibility for traffic entering or leaving the site and shall comply with the clear sight triangle requirements of § 1503.4.
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
(3)
In parking areas containing 100 or more parking spaces, one deciduous tree shall be planted for each 20 parking spaces or portion thereof. The trees shall be located within the paved area and shall be selected from the List of Suggested Plant Materials in Appendix D.[5]
[5]
Editor's Note: Said appendix is included as an attachment to this chapter.
D.
In any nonresidential development, deciduous trees shall be planted in accordance with the following schedule. These trees shall be in addition to the trees provided in any required Buffer Area or parking area:
Building Footprint (square feet) | Requirement |
|---|---|
1,000 to 30,000 | 1 tree for each 1,000 square feet of building footprint |
30,001 to 75,000 | A minimum of 30 trees plus 1 tree for each 3,000 square feet of building footprint in excess of 30,000 square feet |
Over 75,000 | A minimum of 45 trees plus 1 tree for each 5,000 square feet of building footprint over 75,000 square feet |
(1)
The required trees shall be planted in clusters on the site and shall be distributed throughout the site to enhance the green space on the site. The final location of the plantings shall be subject to approval by the Township depending on the size of the site, the magnitude of the required buffer area and the amount of paving and building coverage proposed.
E.
In any development which contains multifamily dwellings, deciduous trees shall be planted in accordance with the following schedule. These trees shall be in addition to the trees provided in any required buffer area or parking area:
Number of Dwelling Units | Required Trees |
|---|---|
First 25 | 1 tree for each dwelling unit |
26 to 100 | 25 trees plus 1 tree for each 2 dwelling units in excess of 25 dwelling units |
101 to 200 | 62 trees plus 1 tree for each 3 dwelling units in excess of 100 dwelling units |
201 + | 95 trees plus 1 tree for each 4 dwelling units in excess of 200 dwelling units |
(1)
The required trees shall be planted as front yard trees or may be clustered in groups around the dwelling units and shall not be located within any public street right-of-way.
F.
All trees which are required to be planted as per the regulations of this § 1502.10 shall be a minimum of two inches in diameter at a point one foot above the ground at the time of planting measured along the trunk of the planted tree, which tree shall be planted in accordance with accepted conservation practices.
G.
In conjunction with the development of property for any use, the applicant shall show that the removal of any trees or natural vegetation is necessary for the imminent and orderly development of the property. Imminent development shall be considered to be development which is reasonably expected to commence, and for which there are realistic plans to commence, on a minimum eight hours per pay, 40 hours per week basis (utilizing a five-day on, two-day off, standard work week basis) within 30 days of the removal of trees or vegetation and for which a land development plan and landscaping plan have been submitted and approved by the Township.
H.
Any existing trees which are not disturbed and are not located within a required buffer area and are a minimum of four inches in diameter at a point one foot above the ground shall count towards the required number of trees to be planted outside of the buffer area.
I.
Following the completion of construction in any zoning district, all yard areas, including those on single-family lots, not utilized for structures, driveways, planting strips or parking facilities shall be seeded, sodded or landscaped within a reasonable period of time. The phrase "reasonable period of time" shall be interpreted to be within two weeks after construction activities are completed, unless those activities are completed between November 1 and April 1. In such cases, the required seeding or sodding shall occur by April 15.
1502.11
Posting of Bond for Landscaping. A maintenance bond in the form of cash, certified check or letter of credit shall be posted with the Township in the amount of 15% of the total cost of landscaping shown on the approved landscaping plan for a period of 18 months from the date of installation of the landscaping materials. The maintenance bond shall guarantee replacement of the required landscaping materials during the term of the bond.
§ 1503 Special Yard Requirements.
In addition to the yard requirements specified in each zoning district, the following yard requirements shall apply in all zoning districts to the applicable circumstances described below:
1503.1
Corner Lots. Corner lots shall provide front yards on each street frontage. The remaining two yards shall constitute side yards. There shall be no rear yard required on a corner lot.
1503.2
Nonconforming Lots of Record. See § 1803 of this chapter.
1503.3
Accessory Structures. In all zoning districts, the following regulations shall apply to accessory structures:
A.
Private Swimming Pools Accessory to a Dwelling.
(1)
Swimming pools accessory to a dwelling shall be located at least 10 feet from any property line. Swimming pools shall not be permitted in the front yard.
(2)
Pools shall be fenced and secured in accordance with the requirements of the Uniform Construction Code (UCC). The minimum height of the fence shall be four feet and the maximum height shall be six feet.
B.
Private Sports Courts Accessory to a Dwelling. Sports courts accessory to a dwelling shall be located only in a side or rear yard and shall be no closer to the side or rear property line than 20 feet. Lighting of the sports court shall be permitted, provided the lighting is shielded and there shall be no spillover lighting on any adjacent residential property. All sports courts shall be enclosed by a fence which is a minimum of 10 feet in height and a maximum of 12 feet in height and which shall contain openings equal to 50% or more of the surface area of the fence. The area of the sports court shall not exceed 50% of the total area of the yard behind the dwelling bounded by the side and rear lot lines and the rear wall of the dwelling.
C.
Fences and Walls.
(1)
In Residential Zoning Districts, fences and walls no greater than six feet in height shall be permitted in the required rear or side yards, provided they are located at least one foot off the property lines.
(2)
In Residential Zoning Districts, fences shall not be erected between the minimum required front yard setback and the public street right-of-way.
(3)
In the S-C and R-C, Special Conservation Districts, and the B-1 and B-2, Commercial Districts, the maximum height of a fence or wall shall be eight feet.
(4)
In the M-1, Industrial District, the maximum height of a fence or wall shall be 10 feet.
D.
Fences, Walls and Buffer Areas. All walls, fences and buffer areas or landscaping material shall be located so as to not obstruct pedestrian access or visibility for traffic on adjacent streets or traffic entering or leaving the property or adjacent properties and shall comply with the clear sight triangle required by § 1503.4 of this chapter.
E.
Satellite Dish Antennas. Satellite dish antennas, for personal use by private citizens, not including communications antennas, as defined by this chapter, shall be permitted as an accessory use subject to the following requirements:
(1)
Satellite dish antennas that have a diameter of one meter or less shall be exempt from these regulations.
(2)
Only one satellite dish antenna with a diameter in excess of one meter shall be permitted on a residential lot. In all zoning districts, such satellite dish antennas shall not be permitted in front yards. In Residential Zoning Districts, the maximum diameter of any satellite dish antenna installed on any lot or on any roof or above any building shall be 12 feet.
(3)
In zoning districts other than residential, the maximum diameter of any satellite dish antenna with a diameter in excess of one meter installed on any lot or on any roof or above any building shall not exceed 20 feet. In all zoning districts, the maximum height of any such freestanding satellite dish antenna shall be 20 feet.
(4)
In all zoning districts, no part of any satellite dish antenna with a diameter in excess of one meter shall be located closer than 10 feet to any property line.
F.
Radio or Television Antennas. A radio or television antenna for personal use by private citizens shall be permitted as an accessory use, subject to the following requirements, except as these provisions may be superceded by any applicable Federal Communication Commission (FCC) ruling:
(1)
A radio or television antenna structure may be mounted on a roof or installed in a rear yard only, provided that no such structure shall be located within 20 feet of any property line.
(2)
The maximum height for such structure shall not exceed that otherwise allowed in the zoning district in which it is located by more than 20 feet. If placed on a roof, any antenna exceeding eight feet in height shall be mounted with guide wires.
(3)
Any such structure shall comply with applicable Airport Zoning and Federal Communications Commission (FCC) regulations.
(4)
Radio or television antenna structures located on the ground shall be screened from adjacent properties by evergreen trees or other suitable material, as approved by the Township.
G.
Canopies and Similar Structures. Canopies and similar permanent freestanding roofed structures without walls shall be permitted to cover outdoor seasonal display and sales areas or fuel dispensing areas accessory to authorized uses in the B-1, and B-2, Commercial Districts, provided that:
(1)
Such structure shall not be attached to the principal building;
(2)
Such structure shall be located at least 10 feet from any property line or street right-of-way;
(3)
Such structure shall not be enclosed; and
(4)
Such structure shall be removed immediately once the principal use or the use of the accessory structure is discontinued.
H.
Residential Accessory Storage Structures and Detached Garages.
(1)
No detached garage or storage structure accessory to a dwelling shall be located in the minimum required front yard. The maximum gross floor area of a detached garage or storage structure shall be 750 square feet.
(2)
In all R Zoning Districts and in S-C and R-C Districts, storage structures accessory to a dwelling shall be located at least five feet from the rear property line and at least 10 feet from the side property lines.
I.
Structures Accessory to Nonresidential Structures and Buildings.
(1)
No structure accessory to a nonresidential building or structure, other than a fence, sign or off-street parking area, shall be located in the front yard. Signs and off-street parking areas shall be subject to the requirements of Articles XVI and XVII. Fences shall be subject to the requirements of § 1503.3C.
(2)
Structures accessory to nonresidential buildings or structures shall not be located within any required buffer area.
(3)
Where a buffer area is not required, all structures accessory to nonresidential buildings or structures shall be located at least 10 feet from the rear property line and at least 20 feet from the side property line.
J.
Distance from Principal Building. All accessory storage structures and garages shall be located at least 10 feet from any principal building; however, a detached garage may be connected to the principal building by contiguous side walls, breezeways or similar connections that enclose the minimum required spacing between the structures.
1503.4
Visibility at Intersections. No object, including, without limitation, fences, hedges, trees and other plantings, buildings, structures, walls, signs and motor vehicles, exceeding a height of three feet as measured from the lowest elevation of the centerline of any abutting street, shall be temporarily or permanently placed, erected, installed or parked within the clear sight triangle required at the intersection of two streets or the intersection of a nonresidential driveway with a public street. The required clear sight triangle is illustrated in Appendix A.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
§ 1504 Permitted Projections Into Required Yards.
The following shall be permitted to project into the required yards in any zoning district as described:
A.
Typical architectural features, including, but not limited to, bay windows, window sills, chimneys, cornices and eaves, shall be permitted to project into required front, side or rear yards no more than 18 inches.
B.
Decks and their stairs, stoops and unenclosed porches without enclosed habitable foundation and without a roof shall be permitted to project into required front and side yards no more than three feet and shall be no closer to the rear property line than 20 feet. Porches that have a roof or that are enclosed or have enclosed habitable foundations shall be subject to the yard requirements for the principal structure.
C.
Steps attached to the principal building and open fire escapes shall be permitted to project into required front, side or rear yards no more than three feet.
§ 1505 Height Exceptions.
The height limitations of this chapter shall not apply to the following structures: church spires, chimneys, elevator bulk heads and other mechanical equipment that are part of the principal structure, conveyors, flagpoles, silos, standpipes, elevated water tanks, derricks, public utility structures and other structures not intended for human habitation which do not exceed the height limitations of the zoning district by more than 15 feet.
§ 1506 Drive-Through Facilities.
All businesses that propose drive-through facilities, as defined by this chapter, as accessory uses or principal uses shall meet all of the following requirements:
1506.1
Drive-through facilities proposed on parcels within a planned shopping center shall have access only from the interior circulation system within the planned shopping center site. All other properties proposing drive-through facilities shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
1506.2
In addition to the parking spaces required for the principal use, a minimum of five standing spaces, in one lane, with a total length of 100 feet, in direct line with each window or stall shall be provided for vehicles to wait in line. The standing space shall not interfere with the use of any required parking spaces and shall not inhibit the free flow of traffic on the property. The standing spaces shall be designed so that waiting vehicles shall not stand in any right-of-way or overflow onto adjacent properties, streets or berms.
1506.3
Entrances, exits and standing spaces shall be adequately indicated with pavement markings and/or directional signs.
1506.4
Parking areas and circulation patterns shall be adequately striped and marked to facilitate traffic circulation on the property.
§ 1507 Temporary Construction Trailers, Model Homes or Sales Offices.
Temporary construction trailers, model homes or sales offices shall be permitted in any zoning district subject to the following conditions:
1507.1
Temporary construction trailers shall be permitted only during the period that the construction work is in progress under a valid building permit or under Township approval to install public improvements. The temporary construction trailer shall be removed upon completion of the construction authorized under a building permit or upon completion of the installation of the public improvements in a plan of subdivision. In the event that construction is phased, the temporary construction trailer shall be moved from the completed phase to the next phase when 90% of the required improvements in the completed phase have been installed as determined by the Township Engineer.
1507.2
Model homes or sales offices shall be permitted only until 90% of the lots or dwelling units in the development are sold. In the case of a phased development, the use of a model home or sales office shall be permitted to continue only if the subsequent phase is initiated within six months of the completion of 90% of the lots or dwelling units in the prior phase. The use of the model home or sales office shall be discontinued within 90 days of the sale of the last unit.
1507.3
A temporary use permit for the temporary structure or use shall be obtained from the Zoning Officer in accordance with the requirements of § 2006 prior to the commencement of construction and shall be renewed every six months, if necessary, until the project is completed.
1507.4
Temporary construction trailers shall be located on the lot on which the construction is progressing and shall not be located within 25 feet of any property line adjoining residential use.
1507.5
Temporary construction trailers shall be used only as temporary field offices and for storage of incidental equipment and supplies and shall not be used for any dwelling use, whatsoever.
1507.6
No signs or other advertising materials for the project shall be attached to the temporary construction trailer; however, the name of the construction company may appear on the trailer.
1507.7
"Class 3" materials as classified by the National Fire Protection Association (NFPA) shall not be stored in temporary construction trailers.
1507.8
Model homes shall be located on a separate lot and shall meet all the requirements for permanent dwellings in the zoning district in which they are located. Sales offices may be located in a model home or may be located in a trailer located on a vacant lot in the plan or on the site of construction. If the sales office is located in a trailer, the trailer shall not be located within 25 feet of any property line adjoining residential use. No signs or other advertising information shall be located on the outside of the trailer or sales office.
1507.9
Model homes or sales offices located in a trailer shall not be utilized for any dwelling use, whatsoever, during the time they are approved as a temporary use or structure in accordance with the provisions of this section.
1507.10
Model homes or sales offices shall be used primarily for sales associated with the development in which they are located and shall not be used as the only place of business for the listing realtor.
§ 1508 Agriculture.
In the S-C and R-1 Districts, agricultural activities, including greenhouses, stables, kennels and animal husbandry, where authorized by this chapter, shall be subject to the following requirements:
1508.1
Storage of manure, odor or dust producing substances shall be located at least 200 feet from any property line.
1508.2
Any building used for the keeping, raising or feeding of livestock shall be located at least 200 feet from any street line and from any adjacent landowner's well or dwelling and not less than 100 feet from the landowner's well or property line.
[Amended by Ord. No. 935, 2/5/2018]
1508.3
Animal shelters, including indoor kennels, shall be located no closer than 200 feet to any property line.
1508.4
Outdoor kennels shall be located at least 300 feet from any occupied dwelling on an adjacent lot and at least 200 feet from any property line which adjoins an R-1, R-2, R-3 or R-4 District.
1508.5
Commercial greenhouses heating plants shall be at least 100 feet from any property line. The retail sales area for a greenhouse shall not exceed 1,200 square feet. The growing area shall not be considered sales area.
1508.6
The minimum lot area for a private stable shall be three acres. On properties that are 10 acres or less, the minimum lot area required for each horse or pony shall be two acres per animal. For farms over 10 acres there shall be no minimum lot area per horse or pony.
1508.7
No stable shall be located within 200 feet of any property line or occupied dwelling, other than the stable owner's dwelling.
1508.8
All grazing and pasture areas shall be adequately fenced.
1508.9
Retail sales of agricultural products, including garden nursery or greenhouse sales, shall be permitted accessory to a farm, subject to the following regulations:
A.
All sales shall be conducted on the premises of a farm, as defined and regulated by this chapter.
B.
Products sold shall include products raised, grown or produced on the farm.
C.
All permanent structures shall comply with the yard requirements for principal structures in the district in which the property is located.
D.
Seasonal roadside stands shall be located no closer than 15 feet to any street right-of-way or property line, and shall be removed at the end of each growing season.
E.
Buildings used for retail sales of agricultural products shall not exceed 1,000 square feet of sales floor area for every 10 acres of land farmed. No building used for agricultural products shall exceed 5,000 square feet of sales area.
F.
Off-street parking for permanent structures shall be provided in accordance with the requirements of § 1602 for retail businesses. Off-street parking for permanent structures shall be designed in accordance with the requirements of § 1601.
G.
Off-street parking for seasonal roadside stands shall be designed in accordance with § 1601; however, the requirements for surfacing, marking, screening and landscaping shall not apply.
H.
Off-street parking for seasonal roadside stands shall be provided in accordance with the requirements of § 1602 for retail businesses; however, in no case shall less than 10 spaces be provided.
I.
Adequate ingress, egress and traffic circulation shall be provided so that vehicles do not back onto the street right-of-way and do not park or stand on any street or berm.
J.
One nonilluminated freestanding sign shall be permitted to announce the agricultural sales, provided the maximum surface area of the sign shall not exceed 24 square feet, the height of the sign shall not exceed eight feet and the sign shall be located no closer than 10 feet to any property line or street right-of-way.
1508.10
Seasonal activities such as hayrides, spring and fall festivals and similar activities related to the farm shall be subject to all applicable requirements of § 1403.41 for temporary uses, provided adequate parking is provided in a temporary parking area based on the ratio specified in § 1602.3 for "all other uses."
1508.11
Poultry.
[Added by Ord. No. 935, 2/5/2018]
A.
The keeping maintain or slaughtering of poultry (i.e., ducks, chickens, swans, geese, turkeys, guinea, fowl, pheasants, pea fowl and pigeons) shall be permitted only on a lot with a land area equivalent to 40,000 square feet or more. In no event shall more than five poultry birds be permitted on each 40,000 square feet of area. The pen, shelter, or enclosure shall be set no closer than 75 feet to the front lot line nor closer than 75 feet to any side or rear line and may not be located in a front yard.
B.
No male chickens (roosters) are permitted.
C.
No chickens may run at large within the corporate limits of the municipality.
D.
All chickens must be contained within the owner's boundary lines.
E.
Any coop or enclosure for the chickens must be a covered, predator-proof chicken house that is thoroughly ventilated, of sufficient size to admit free movement of the chickens and kept clean. No enclosure shall exceed 20 square feet for each 40,000 square feet of area.
F.
A coop that is not occupied for a period of one year must be removed.
G.
All feed must be kept in a vermin-proof, air-tight container.
H.
Selling of eggs shall be prohibited.
§ 1509 Storage.
1509.1
Outdoor Storage in Commercial and Industrial Districts.
A.
Except for nurseries, garden supply, building supply, custom crafting and similar businesses which require outside storage of products offered for sale, storage and display of materials outside a completely enclosed structure shall not be permitted. In the case of nurseries, garden supply, building supply, custom crafting and similar businesses, outside display and storage areas shall be completely enclosed by a security fence and shall be screened by an opaque fence or hedge which is at least six feet in height along any property line that adjoins residential use or zoning classification.
B.
In the M-1 District, any material or equipment stored outside an enclosed building shall be incidental to the principal use of the lot and shall be stored to the rear of the building or an alternative location which screens the storage area from public view from the street or adjacent residential property located at similar elevations within 500 feet of the property. If existing buildings do not screen the storage area from public view from the street or adjacent residential property located at similar elevations within 500 feet of the property, the area shall be screened by a hedge or opaque fence at least six feet in height.
1509.2
Refuse Collection and Waste Disposal. All organic rubbish and discarded materials shall be placed in tight vermin-proof containers on the property and shall be secured in side or rear yards screened from public view by means of a solid-face fence or wall at least six feet in height. Containers shall be emptied not less frequently than once a week. On properties where food is served in paper containers, covered waste receptacles shall be conspicuously located on the premises for use by patrons. The management shall be responsible for maintaining the property free of litter.
§ 1510 No-Impact Home-Based Business.
No-impact home-based businesses, as defined herein, shall comply with the following:
1510.1
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
1510.2
The business shall employ no employees other than family members residing in the dwelling.
1510.3
There shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.
1510.4
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
1510.5
No on-site parking of commercially identified vehicles shall be permitted.
1510.6
The business activity shall not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
1510.7
The business activity shall not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
1510.8
The business activity shall be conducted only within the dwelling and shall not occupy more than 25% of the habitable floor area of the dwelling.
1510.9
The business shall not involve any illegal activity.
§ 1511 Forestry.
Forestry, as defined herein, shall be conducted in accordance with the following provisions:
1511.1
The minimum site shall be five acres.
1511.2
All operations shall be located at least 300 feet from any existing dwelling.
1511.3
All operations shall be discontinued between 7:00 p.m. and 7:00 a.m., provided further that such operations shall not take place during any hours on Sundays or legal bank holidays.
1511.4
Routes to be used by the hauling trucks shall be approved by the Township and the operator shall demonstrate that there shall be no negative impact on Township roads from the proposed operation.
1511.5
A performance bond shall be posted in favor of and in the amount required by the Township to guarantee restoration of Township roads used as hauling routes.
1511.6
The applicant shall submit a copy of the state and/or county permit for hauling on state and/or county roads.
1511.7
The applicant shall show compliance with the following laws and regulations of the commonwealth and all necessary permits shall be maintained during the operation:
1511.8
A logging plan shall be submitted which shows, at a minimum:
A.
The design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings;
B.
The design, construction and maintenance of water-control measures and structures such as culverts, broad-based dips, filter strips and water bars;
C.
The design, construction and maintenance of stream and wetland crossings, if any;
D.
The general boundaries of the proposed operation in relation to Township and state or county roads, including any accesses to those roads;
E.
The site location, including boundaries of the property and boundaries of the proposed harvest area;
F.
Significant topographic features;
G.
The location of all earth-disturbance activities, such as roads, landings and water control measures and structures;
H.
The location of all crossings of waters of the commonwealth.
1511.9
Felling or skidding on or across any public street is prohibited without the express written consent of the Township, Allegheny County or the Pennsylvania Department of Transportation (Penn DOT), whichever is responsible for maintenance of the street.
1511.10
No tops of trees or debris shall be left within 25 feet of any public street or any private road providing access to adjoining residential property.
1511.11
All tops of trees and debris within 50 feet of a public street or residential property line shall be cut to a maximum of four feet above the adjacent ground level.
1511.12
No tops of trees or debris shall be left on any adjoining property or across any property line without the consent of the adjoining owner.
1511.13
Upon completion of the timber removal, haul roads shall be restored to their original condition.
§ 1512 Natural Gas Electric Power Generating Systems.
[Added by Ord. No. 940, 12/20/2018]
Natural gas electric power generating systems, as defined herein and notwithstanding anything to the contrary contained herein, shall comply with the following:
1512.1
The lot area of the lot on which a natural gas electric power generating systems facility is constructed shall be a minimum of 50 acres.
1512.2
The lot coverage for a natural gas electric power generating systems facility shall be a maximum of 30 acres, which lot coverage calculation shall not include any streets or driveways, any related underground facilities such as utility lines, piping, water intake structures, or any aboveground or underground stormwater facilities.
1512.3
The impervious surface coverage of the lot on which a natural gas electric power generating systems use is located shall be a maximum of 30%.
1512.4
The maximum height of structures for natural gas electric power generating systems structures is 145 feet except there may be a single stack exceeding a height of 145 feet, but said stack shall not exceed a height of 200 feet.
1512.5
Only one principal natural gas electric power generating systems use may be constructed on a lot.
1512.6
No portion of a natural gas electric power generating systems structure shall be located closer than 10,000 feet from the nearest portion of any other natural gas electric power generating systems structure located in the Township.
1512.7
Outdoor storage of materials or equipment, if located less than 200 feet from the nearest property line, shall be permitted only if the storage area is completely enclosed by a minimum eight-foot-high fence with a locking gate and is screened by opaque screening material placed in the fencing or by a minimum six-foot-high dense, compact evergreen hedge.
1512.8
The number of required parking spaces shall be the greater of one parking space for each 5,000 square feet of gross floor area or one space for each employee on the peak working shift.
1512.9
All driveways accessing the natural gas electric power generating systems use shall be secured by a gate with a locking mechanism, and means of access shall be provided to Township Police and Fire Departments for emergency response.
1512.10
All driveways accessing the natural gas electric power generating systems use shall be improved with a dust-free, all-weather surface in such a manner that no water, sediment or debris will be carried onto any public street.