A home occupation is defined as a business that is conducted entirely within a dwelling unit; entirely by the members of the household residing in that unit; and in a manner that is clearly incidental, accessory, and subordinate to the unit's primary residential use. Most modern zoning ordinances regulate home occupations because of the deleterious effects that these businesses can have on their neighborhoods: a home occupation can congest its neighborhood's parking spaces and streets; generate intrusive amounts of noise, vibration, glare, electrical interference, odors, and radio/television signal disruption; draw large trucks for delivery purposes; erect a disturbing number of signs; utilize unsightly outdoor storage areas; and generally change the character of its neighborhood from residential to commercial. The intent of this section is to strictly prohibit any such home occupations by defining them accordingly.

However, more and more home occupations are being created that have little or no deleterious effects on their neighborhoods. Many professionals now "telecommute" from home, draw no extra parking or traffic activity, generate no noise or other interference, and have no signs. It is the intent of this section to allow these home occupations to exist.

This chapter attempts to establish such a system by dividing home occupations into two categories: minor impact home occupations (which will have little or no effect on their neighborhoods) and major impact home occupations (which may have some effects on their neighborhoods). The Zoning Officer shall determine which of these categories a particular home occupation falls into according to the standards of Subsection B below. If a particular home occupation is determined to be a minor impact home occupation according to these standards, then it may be established without any further approvals. However, if it is determined to be a major impact home occupation, then the home occupation will be prohibited.

This section applies to all home occupations within the Borough of Emsworth, regardless of the zoning district in which they are located.

The Zoning Officer shall determine that a proposed home occupation would be a major impact home occupation unless it meets the standards below, in which case it shall be classified as a minor impact home occupation and may be established without any further approvals:

The Zoning Officer's determination on this matter may be appealed to either the Zoning Hearing Board or the relevant court of common pleas.

There shall be no off-street parking space or loading berth requirements for minor impact home occupations beyond what is required for the involved dwelling unit.

A fence, wall, or screen shall not be erected in a public or dedicated right-of-way.

A fence, wall, or screen shall not block the clear sight distance at street intersections or driveways.

A fence, wall, or screen shall not include barbs, thorns, other harmful projections, or electric wires designed to shock (i.e., barricade fences).

The finished side of fences, walls, or screens shall always face any abutting streets or properties.

Fences, walls, and screens shall be appropriate to the character and architectural concepts of their surroundings.

Fences, walls, and screens shall not hinder the appropriate development, use, or value of buildings on adjacent lots.

In order to maintain aesthetics and public safety in all zoning districts, the provisions of Subsections A, B, C and D shall be applicable to this Subsection F.

For all commercial uses such containers shall be stored on the same lot as the principal structure in a suitable buffered and landscaped area with concrete pads constructed with aprons below the frost line for vector control and having ready access for refuse trucks.

The Emsworth Borough Code Inspector shall determine the most appropriate location for private permanent commercial dumpsters, commercial storage of solid waste and commercial building containers.

Radio and television antennas are a valuable and necessary component of the modern American community. However, the size and location of these items must be limited in the interests of the community's appearance, light, open space, and public safety. The purpose of this section is to limit radio and television antennas while still allowing them to perform their functions.

This section applies to all radio and/or television antennas that are not part of a cellular site (i.e., cell site or radio link), cellular switching office, commercial radio station, or commercial television station.

There shall be no more than one portable storage or dumpster per lot.

A portable storage unit or dumpster shall be no larger than eight feet wide, 16 feet long and eight feet high.

No portable storage unit or dumpster shall remain in any R-1, R-2 or R-3 Zoning District in excess of 14 consecutive days, and portable storage units shall not be placed on a lot in a R-1, R-2 or R-3 Zoning District in excess of 30 days in any calendar year. The portable storage unit shall be removed from the lot by the expiration date on the permit.

No portable storage unit or dumpster shall remain on a lot in a C-1, C-2, LI or O/C Zoning District in excess of 30 consecutive days, and portable storage units or dumpsters shall not be placed on a lot in C-1, C-2, LI or O/C Zoning District in excess of 45 days in any one calendar year.

A portable storage unit and/or a dumpster shall be permitted during construction, reconstruction, alteration or renovation of the principal building and for an additional period of three days before and after such activity, provided a building permit has been issued by the Borough of Emsworth. The portable unit and/or dumpster shall be removed from the lot before the Emsworth Borough Code Inspector issues an occupancy permit, or if the construction activity ceases for a period of more than seven consecutive days.

A portable storage unit or dumpster may be located on a lot during an emergency situation as declared by the appropriate federal, state, county or Emsworth Borough official or agency pursuant to a temporary permit issued by the Emsworth Borough Inspector. The portable storage unit or dumpster shall be removed from the lot within seven days after the end of the emergency declaration.

It shall be unlawful for any person to place, or permit the placement of, a portable storage unit or dumpster on property which any person and/or entity owns, rents, occupies or controls without first having obtained a permit from the Emsworth Borough Code Inspector.

A portable storage unit shall not be permitted on the front yard of any lot. In any R-1, R-2 or R-3 Zoning District the Emsworth Borough Code Inspector shall determine the most appropriate location for the portable storage unit or dumpster to be placed on the lot. In all R-1, R-2 and R-3 Districts particular attention shall be paid to the location of such storage units or dumpster, in an effort to maintain aesthetic values for the neighborhood, and health and safety of Borough residents.

Application for a permit shall be made to the Emsworth Borough Code Inspector on a form provided by the Borough of Emsworth. A permit fee in an amount to be established from time to time by resolution of the Borough of Emsworth shall accompany the application. The issuance of a permit shall allow the applicant to place the portable storage unit or dumpster on the subject lot in the location specified in the permit in conformance with the requirements of the Zoning Ordinance.

At the time that a developer who intends to construct a use that this chapter requires to be buffered applies for a zoning permit, the Zoning Officer of the Borough of Emsworth shall determine if the developer intends to install a living fence or a non-living fence [options in Subsection C(1) and (2) below], and if the "maximum height" regulations of § 245-47, Fences, walls and other screens, Subsection B, are too strict to allow for proper buffering. If the Zoning Officer finds that the answer to both of these questions is "yes," then he or she shall have the authority to increase the "maximum height" regulations of § 245-47B by no more than 100% for the involved property.

At the same time, the Zoning Officer shall determine if the developer intends to install a natural landscape buffer [option in Subsection C(3) below], and if the developer's proposed buffer is not long enough or not wide enough to protect the value of the adjacent properties. If the Zoning Officer determines that the answer to both of these questions is "yes," then he or she shall have the authority to require an increase in the size of the natural landscape buffer area.

A living fence that adheres to the requirements of Subsection D of this section.

A non-living fence, wall, or screen that adheres to the requirements of Subsection E of this section.

A natural landscape that is sufficiently wide or hilly enough to hide the principal use of the lot that is required to be screened, and that adheres to the requirements of Subsection F of this section.

Required living fences shall provide a year-round screen. In order to insure that this requirement will be met, living fences shall be composed of a mix of plants that is at least 75% evergreen.

Required living fences shall be in accordance with all of the provisions of § 245-47, Fences, walls and other screens, of this chapter, except that they may be subject to the provisions of Subsection B of this section.

Required living fences shall be either no less than four feet wide or no less than the width necessary to be opaque, whichever is more.

Required living fences shall be maintained so that they follow the requirements of this section, and continue to provide the required level of screening.

All plantings should be situated so that their root systems shall not encroach on underground utilities.

The owner of the property whose principal use is required to be screened shall be responsible for the installation and upkeep of his or her living fence. This includes the replacement of dead plant material and the removal of all debris and tall grass.

Required non-living fences shall be maintained so that they follow these requirements, and provide a year-round, attractive screen. The owner of the property whose principal use is required to be buffered shall be responsible for the installation and upkeep of his or her fence.

Required non-living fences shall be in accordance with the provisions of § 245-47, Fences, walls and other screens, except that they shall ignore the required "maximum solid to open portion ratio," and they may be subject to the provisions of Subsection B of this section.

Required non-living fences shall be opaque.

Required natural landscape buffers shall be wide and long enough to hide the use that is required to buffer itself.

Required natural landscape buffers shall be delineated and protected from future development by an easement, deed restriction, covenant, or similar restriction.

No structure, parking area, loading area, storage area, or vehicular circulation area shall be located in this buffer area.

All portions of a landscape buffer shall be attractive and maintained in good condition.

Where a wall or buffer is not required along any lot line of an automobile sales area or general vehicle parking lot said areas shall incorporate a landscaped area or areas in the amount of at least 5% of said areas. Approval shall be granted for any material types wherein the design and materials proposed therein are reasonably appropriate for the use and appearance of the parking area. Such landscaped areas shall be maintained free of weeds and debris.

Outdoor lighting is a necessary part of modern life, performing vital safety, security, and identification functions. When it is improperly used, however, outdoor lighting can create an unnecessary, unpleasant, inefficient, and potentially dangerous glare. The purpose of this section is to ensure the effective and proper use of outdoor lighting within Emsworth Borough.

As is noted in the multipage table at § 245-37, Land uses, off-street parking and off-street loading, Subsection D, the requirements imposed by this section only apply to outdoor lighting fixtures that are used for commercial or industrial facilities. Indoor fixtures, as well as outdoor fixtures that are used for purely residential or farming facilities, are exempt from this section's requirements, and do not require a zoning permit before they may be erected or altered.

Given this, Subsection B below addresses and applies to all outdoor lighting fixtures that are subject to this section's requirements. Meanwhile, Subsection C addresses and applies to parking lot lighting, Subsection D addresses and applies to gasoline station/convenience store apron/canopy lighting, Subsection E addresses and applies to exterior display/sales area lighting, Subsection F addresses and applies to security lighting, Subsection G addresses and applies to building facade and landscape lighting, and Subsection H addresses and applies to walkway/bikeway lighting.

The installation or structural alteration of a commercial or industrial outdoor lighting fixture shall require a zoning permit, unless no involved lamp will exceed 150 watts. Neither the replacement of a fixture with an identical fixture nor the replacement of a bulb with an identical bulb shall require a zoning permit.

Section 245-15, Zoning permits, lists the procedure through which one may obtain a zoning permit, as well as the materials required for an application. In addition to the materials required by § 245-15, a zoning permit application for a commercial or industrial outdoor lighting fixture shall contain the following:

Wherever it is practical, outdoor lighting fixtures shall be activated by timers, dimmers, and/or motion sensors so that unnecessary lighting and energy consumption are minimized.

Nonconforming outdoor lighting fixtures are subject to the requirements of § 245-17, Nonconformities, Subsection C, Nonconforming structures or buildings.

For the purposes of § 245-50, the mounting height of an outdoor lighting fixture shall be defined as the vertical distance from the grade elevation of the surface being illuminated to the bottom of the fixture (i.e., luminaire) itself.

Holiday-oriented lighting during the months of November, December, and January shall be exempt from the requirements of § 245-50, unless that lighting creates a dangerous glare on adjacent streets or properties.

All outdoor lighting fixtures that serve parking lots shall be "cut-off" fixtures as defined by the Illuminating Engineering Society of North America (IESNA) unless the fixtures have less than 2,000 initial lumens and have a mounting height of no more than 15 feet.

Parking lot lighting shall adhere to the requirements of the table on the next page.

The lighting of areas that are on the apron away from the gasoline pump islands and used for parking or vehicle storage is subject to the requirements of Subsection C, Parking lot lighting, above. If no gasoline pumps are provided, then all apron lighting shall be subject to the requirements of Subsection C.

The lighting of areas around the pump islands and under the canopies shall have a horizontal illuminance at grade level that is between 1.0 and 5.5 footcandles. The ratio of average to minimum illuminance on these areas, when they are lit, shall be no greater than 4:1, which yields an average illumination level of no more than 22.0 footcandles.

Light fixtures mounted on canopies shall be recessed so that the lens cover is recessed or flush with the bottom surface (ceiling) of the canopy and/or shielded by the fixture or the edge of the canopy so that light is restrained to no more than 85° from vertical.

As an alternative or supplement to recessed ceiling lights [see Subsection D(3) above], indirect lighting may be used where light is beamed upward and then reflected down from the underside of the canopy. In this case, light fixtures must be shielded so that direct illumination is focused exclusively on the underside of the canopy.

Lights shall not be mounted on the top or sides (fascias) of the canopy, and the sides (fascias) of the canopy shall not be illuminated.

The lighting of designated parking or passive vehicle storage areas is subject to the requirements of Subsection C, Parking lot lighting, above.

The lighting of designated exterior display/sales areas shall have an average horizontal illuminance at grade level that is no more than 5.0 footcandles. The ratio of average to minimum illuminance on these areas, when they are lit, shall be no greater than 4:1.

All outdoor lighting fixtures that serve exterior display/sales areas shall be "cut-off" fixtures as defined by the Illuminating Engineering Society of North America (IESNA). Furthermore, these fixtures shall be located, mounted, aimed, and shielded so that direct light is not cast onto adjacent streets or properties.

All outdoor lighting fixtures that serve exterior display/sales areas shall be mounted no more than 25 feet above grade. The involved mounting poles shall be located either inside of the illuminated area or no more than 10 feet away from its outside edge.

In addition to the materials listed under Subsection B, General requirements for all commercial and industrial outdoor lighting fixtures, above, zoning permit applications for outdoor security lighting installations shall include a written description of the need for security lighting, a site plan showing the designated area to be lit and the locations of all outdoor security lighting fixtures, the specifications of these fixtures, the horizontal and vertical angles in which light will be directed, and adequate cross-sections showing how light will be directed only onto the designated area to be lit.

All outdoor security lighting fixtures shall be shielded and aimed so that illumination is directed only at the designated area to be lit. In no case shall lighting be directed above the horizontal plane at the top of the involved fixture. Each fixture shall include shields that prevent the light source or lens from being visible from adjacent properties and roadways. The use of general floodlighting fixtures is discouraged.

Outdoor security lighting fixtures may illuminate vertical surfaces (e.g., building facades and walls) only up to either a level eight feet above grade or a level eight feet above the bottoms of doorways or entries, whichever is higher.

Outdoor security lighting fixtures may only be mounted on poles that are no more than 10 feet from the perimeter of the designated area to be lit.

Outdoor security lighting fixtures intended to illuminate a perimeter (such as a fence line) shall be activated by motion sensors.

Security lighting shall adhere to the requirements of the table on the next page.

The maximum illumination on any vertical surface or angular roof shall not exceed 5.0 footcandles.

Outdoor fixtures lighting a facade shall be located, aimed, and shielded so that light is directed only onto the involved facade, and not towards adjacent public streets or roads.

Outdoor fixtures lighting a facade are encouraged to be mounted on the involved building.

Wherever it is practical, outdoor fixtures lighting a facade shall be directed downward (i.e., below the horizontal) rather than upward.

Outdoor fixtures that illuminate landscaping shall not generate excessive light, cause glare, or direct light beyond the landscaping onto adjacent public roads, onto adjacent properties, or into the night sky.

The involved walkway, bikeway, or ground area shall, when lit, receive no less than 0.3 footcandles and no more than 0.5 footcandles.

Vertical illumination levels at a height of five feet above grade shall be no less than 0.3 footcandles and no more than 0.5 footcandles.

Outdoor fixtures lighting walkways or bikeways shall be designed to direct light downward. Each light source shall have an initial output of no more than 1,000 lumens.

In general, walkway/bikeway lighting shall be consistent with the guidelines presented in the Illuminating Engineering Society of North America's Lighting Handbook, 8th Edition.

Section 245-37, Land uses, off-street parking and off-street loading, stipulates how many off-street parking spaces and loading berths must be provided by each land use within Emsworth. However, simply requiring a number of parking spaces or loading berths is not enough to guarantee adequate access to the Borough's homes, businesses, and institutions. These spaces and berths need to be properly designed. The purpose of § 245-51 is to meet this concern by mandating that each required off-street parking space and loading berth meet certain safety and aesthetics criteria.

Subsection B of this section provides the design criteria for off-street parking spaces, while Subsection C provides the same for off-street loading berths. The requirements of this section apply to each off-street parking space and loading berth within the Borough that is used to satisfy the requirements of § 245-37, Land uses, off-street parking and off-street loading.

Location. Required off-street parking spaces shall be located on the same lot as the structure or use that they serve unless a parking plan to the contrary is approved by the Zoning Hearing Board in accordance with § 245-52, Off-street parking and loading plans.

Size. Perpendicular parking spaces shall be no smaller than nine feet in width by 18 feet in length. Parallel parking spaces shall be no smaller than eight feet in width by 23 feet in length. Handicapped parking spaces shall be no smaller than 13 feet in width by 20 feet in length. All of these measurements shall exclude curbs and maneuvering space.

Design. Each parking space shall open directly onto an aisle or driveway with a width of no less than 15 feet. All accessways shall be provided in accordance with the Pennsylvania Department of Transportation and Borough regulations, and shall be designed so that parking patrons may safely exit to and enter from the street.

Surfacing. With the exception of those that serve residential buildings with no more than two dwellings, all parking areas shall be graded, and either stabilized or paved. Paving may consist of concrete, asphalt, grouted brick, paving blocks, or a similar material.

Screening. Open-space parking areas for 10 automobiles or more shall have a natural landscape to properly buffer the use from the adjoining properties and view from a public right-of-way according to Article V, § 245-49, Required buffers.

Striping. Paved parking areas with more than five parking spaces shall be striped to outline each parking space and aisle. A durable paint shall be used, and these stripes shall be maintained properly.

Lighting. Any artificial lighting used to illuminate off-street parking areas and driveways shall be directed away from residential properties and public streets so as to not interfere with these uses.

Location. Required loading berths shall be located on the same lot as the use that they serve. No loading berth shall be located in a front yard. No loading berth shall be situated so that loading or unloading vehicles may project into a traffic lane.

Size. A required off-street loading berth space shall be no smaller than 14 feet in width by 55 feet in length, exclusive of any curbs, aisles, or maneuvering space. The length may be reduced to 45 feet if the applicant certifies in writing that no tractor-trailer trucks will use the berth. Required loading berths shall have a vertical clearance of at least 16 feet.

Access. Each required off-street loading berth shall have an appropriate access and exit that will minimize interference with traffic movement. Such accesses and exits should be encouraged to be via an alley, rear entry, or service street to the rear of the building.

Surfacing. All off-street loading berths shall have a compacted gravel base not less than seven inches thick, and shall be surfaced with an all-weather material.

Vehicle repair and servicing. No motor vehicle repair work shall be performed in an off-street loading berth.

Parking. Loading berths shall not be used to satisfy off-street parking requirements.

Screening. All required off-street loading berths that are adjacent to a residential district shall be buffered against that district according to the standards of Article V, § 245-49, Required buffers.

Section 245-37, Land uses, off-street parking and off-street loading, stipulates how many off-street parking spaces and loading berths each land use within the Borough of Emsworth must provide. However, simply requiring a number of parking spaces or loading berths ignores many important considerations. Parking and loading requirements should be flexible and responsive to situations involving shared parking, adequate off-lot parking, different transportation modes, and site constraints. Some land uses should not be held to the requirements of § 245-37 because they share parking spaces with other businesses who need parking at differing times; they use parking spaces on other lots that are nearby; a significant number of their clients walk or ride bicycles to these uses; or existing site constraints prohibit following these requirements. The purpose of § 245-52 is to meet this concern by allowing for reductions in these requirements if they are necessary and justified.

Subsection B of this section stipulates the conditions under which one or more land uses may obtain an approved parking plan that reduces the off-street parking requirements of § 245-37. Subsection C stipulates the conditions under which one or more land uses may obtain an approved loading plan that reduces the off-street loading requirements of § 245-37. Applications for a parking or loading plan shall be made to the Zoning Hearing Board as a special exception, via the requirements of Article III, Special Exceptions and Conditional Uses.

This section applies to all land uses regulated by § 245-37 who wish to apply for one of these two types of plans.

Two or more uses may share a common parking area that provides enough parking spaces to meet the requirements of each use individually if the applicants prove that each involved use will require the common parking area largely when the other involved uses will not require it, that each involved use is located within 350 feet of the common parking area, that each involved use is connected to the common parking area by safe pedestrian means of access, and that an adequate guarantee exists that the common parking area will remain available to all of the involved uses over their lifetimes.

The Zoning Hearing Board may approve a plan for providing some or all of a land use's required off-street parking spaces on a different lot than that which the use is situated on if:

If a land use can prove that over 25% of the traffic that it generates will be pedestrian, the Zoning Hearing Board may approve a plan that proportionately reduces the number of off-street parking spaces required by § 245-37. Furthermore, if a land use can prove that over 25% of the traffic that it generates will use a bicycle to get there, the Zoning Hearing Board may approve a plan that:

The Zoning Hearing Board may approve an off-street parking plan that reduces the number of off-street parking spaces required for a land use by § 245-37 if the applicant can prove that: