Fairfield City Zoning Code
ARTICLE XI
GENERAL REQUIREMENTS
§ 14-1100 Statement of Legislative Intent.
[Ord. No. 08-01-2024, 8/27/2024]
In expansion of the Community Development Objectives contained in Article I of this Ordinance, the following standards are appliable to all properties in Fairfield Borough. These requirements shall supplement requirements that may be found in the Zoning District applicable to a specific property, as well as generally applicable standards including, but not necessarily limited to, parking, loading, and signs standards.
§ 14-1101 General Requirements.
[Ord. No. 08-01-2024, 8/27/2024]
The following General Requirements are established.
A.
Accessory Buildings and Structures: The following standards shall apply to accessory buildings and structures unless specific standards within an underlying Zoning District are established, in which case the standards of the underlying Zoning District shall apply.
1.
Accessory buildings shall not exceed one (1) story or be more than twenty (20) feet in height.
2.
Accessory buildings and structures shall be located in the side or rear yard. No accessory building or structure shall be permitted within the front yard. No accessory building or structure, or any portion thereof, shall project nearer to the street on which the principal building fronts than the principal building itself.
3.
Accessory buildings equal to or less than two hundred (200) square feet in size may be located within five (5) feet of any side or rear property line unless the underlying Zoning District allows a smaller setback, in which case the smaller setback shall control.
4.
Accessory buildings greater than two hundred (200) square feet in size shall be subject to the side and rear setback requirements applicable to the principal use as established in the underlying Zoning District.
B.
Building Regulations.
1.
A building shall be oriented on a lot so that its main entrance faces the street with the widest paved cartway that it borders.
2.
A building located on a double frontage lot shall be oriented so that its main entrance faces the street which the main entrance of the buildings on the adjoining lots faces.
C.
Fence Regulations.
1.
Maximum height for fences located within front yards for all Zoning Districts shall be four (4) feet.
2.
Maximum height for fences located within side and rear yards in all Zoning Districts shall be six (6) feet. Fences associated with emergency services uses, municipal uses, public or private parks, public or private schools, and communication towers (including accessory structures) are excluded from this requirement.
3.
No fence shall be located in a manner that obstructs vision at street intersections. Clear sight triangles shall be provided at all street intersections. Within such triangles, no fence shall be permitted which obscures vision above the height of thirty (30) inches and below ten (10) feet measured from the centerline grade of intersecting streets. Such triangles shall be established as follows.
a.
Seventy-five (75) foot clear sight triangles shall be provided for any street intersections involving one or more major streets. Major streets shall be deemed to include Main Street, North Miller Street, McGinley Drive, Water Street, and Carroll's Tract Road.
b.
Fifty (50) foot clear sight triangles shall be provided for all other street intersections.
4.
All fences shall be constructed such that fence posts or supports, including lateral supports, are located on the inside of the fence, unless such posts or supports constitute an integral component of the vertical plane created by the fence.
5.
Wire mesh fences shall only be permitted in the HC and CI Districts, with the following exceptions.
a.
Wire mesh fences shall be permitted in association with emergency services uses, municipal uses, public or private parks, public or private schools, and communication towers (including accessory structures) in any district.
b.
Fences using wire mesh as a secondary element may be used in any use in any district. In this case, the secondary wire mesh element shall be installed along the interior side of the primary element of the fence, and the height of the secondary wire mesh element shall not exceed the height of the primary element of the fence.
6.
Fences that include barbed wire or razor wire shall be prohibited. Fences associated with emergency services uses, municipal uses, and communication towers (including accessory structures) are excluded from this requirement. Electrified fences shall not be authorized in association with any use.
7.
Fences shall not be installed within two (2) feet of side and rear property lines in any Zoning District unless the consent of both property owners is recorded by signature of approval on the approved Zoning Permit application.
8.
Where fencing is proposed for any residential property in any district, ornamental fencing shall be used. Zoning Permit applications for fencing on residential properties shall be accompanied by manufacturer's brochures or advertising demonstrating the suitability for such ornamental fence design for residential application. For the purposes of this Section, wire mesh fencing shall not be considered to be an ornamental fence.
D.
Height Regulations.
1.
Where a lot has frontage on two (2) or more streets or other public rights-of-way, the height limitation shall apply only as measured from the curb level along the street or way with a higher elevation above sea level.
2.
Chimneys, flues, towers, spires, cupola domes, pole masts, antennas, shall be exempt from height limitations of this Ordinance.
E.
Illumination.
1.
Statement of Intent: In expansion of the community development objectives in Article I, it is hereby declared to be the intent of this Section to establish reasonable standards on the erection and display of site illumination within the Borough of Fairfield. Furthermore, it is the intent of this Section to achieve the following.
a.
Minimize the impacts of excessive illumination within the mixed-use core and the established residential neighborhoods within the Borough.
b.
Allow reasonable illumination that will provide for appropriate levels of safety and security for commercial and other nonresidential properties within the Borough, particularly when said properties are being accessed by customers or guests.
2.
Exempted Illumination: The following types of illumination are exempted from the performance and permitting standards of this Section.
a.
Decorative holiday lighting.
b.
Lighting specifically located and designed to illuminate entrances and exits for a building. Such lighting shall include wall mounted lights located immediately adjacent to an entrance or exit and lighting located underneath a covered porch, awning, or similar feature in front of an entrance or exit.
c.
Strings of lights specifically erected and located to emphasize or enhance architectural features of buildings or site vegetation. Architectural features that may be emphasized or enhanced with strings of lights include, but are not limited to, window and door frames, rooflines, eave lines, and corners. Such strings of lights shall be permanently affixed to a hard building surface or mounted within existing site vegetation. Under no circumstances shall strings of lights be permitted to be strung or draped through open air.
d.
Lighting for public monuments or statuary, or associated with the display of the flag of the United States or the Commonwealth of Pennsylvania.
e.
Lighting for municipal and emergency services buildings.
f.
Motion lights used for security purposes, provided the illumination period is limited to a maximum of five (5) minutes per activation.
3.
Prohibited Illumination: The following types of illumination are prohibited in all Zoning Districts.
a.
Strings of lights, other than those permitted by § 14-1101.E.2.c above.
b.
Neon lights and neon flux tubes (flexible neon lights).
c.
Lights that blink, pulse, strobe, flash, or are otherwise designed to vary in intensity.
d.
Searchlights and beacons.
e.
Any light fixture that may be confused with or construed as a traffic control device.
4.
VC, LR, and MR Districts: The following standards shall apply within the VC, LR, and MR Districts.
a.
Building Illumination: Building illumination within the VC, LR, and MR Districts shall be subject to the following standards.
(1)
Building illumination shall be permitted on all buildings within the VC, LR, and MR Districts.
(2)
Building illumination for nonresidential buildings (including mixed-use structures) shall be extinguished or dimmed no later than one-half hour following the close of business or 11 p.m., whichever is later. A dimmed illumination level shall not exceed that which may be necessary for overnight security purposes.
(3)
Building illumination fixtures shall be wall mounts. Wall mount lighting shall be aimed straight down and shall be full cutoff in design.
(4)
Historic District. Within the Fairfield Borough Historic District only, wall mount lighting may include light fixtures that feature frosted glass or frosted light bulbs designed to minimize glare of the light source as an alternative to the full cutoff fixtures otherwise required by § 14-1101.E.4.a(3).
b.
Parking Lot Illumination: Parking lot illumination within the VC, LR, and MR Districts shall be subject to the following standards.
(1)
Light poles shall not exceed fifteen (15) feet in height.
(2)
Parking lot illumination for nonresidential properties (including properties with mixed-use structures) shall be extinguished or dimmed no later than one-half hour following the close of business or 11 p.m., whichever is later. A dimmed illumination level shall not exceed that which may be necessary for overnight security purposes.
(3)
Light fixtures shall be aimed straight down and shall be full cutoff in design.
(4)
Within the Fairfield Borough Historic District only, parking lot lighting may include light fixtures that feature frosted glass or frosted light bulbs designed to minimize glare of the light source as an alternative to the full cutoff fixtures otherwise required by § 14-1101.E.4.a(3).
c.
Yard Illumination: Yard illumination within the VC, LR, and MR Districts shall be subject to the following standards.
5.
HC and CI Districts: The following standards shall apply within the HC and CI Districts:
a.
Building Illumination: Building illumination within the HC and CI Districts shall be subject to the following standards.
(1)
Building illumination shall be permitted on all buildings within the HC and CI Districts.
(2)
Building illumination shall be extinguished or dimmed no later than one-half hour following the close of business. A dimmed illumination level shall not exceed that which may be necessary for overnight security purposes.
(3)
Building illumination fixtures shall be wall mounts. Wall mount lighting shall be aimed straight down and shall be full cutoff in design.
b.
Parking Lot Illumination: Parking lot illumination within the HC and CI Districts shall be subject to the following standards.
(1)
Light poles shall not exceed twenty (20) feet in height.
(2)
Parking lot illumination shall be extinguished or dimmed no later than one-half hour following the close of business. A dimmed illumination level shall not exceed that which may be necessary for overnight security purposes.
(3)
Light fixtures may be aimed as necessary to illuminate the parking area but may not be aimed in a manner where the light source is visible from adjoining properties. Light fixtures shall be either full cutoff or semi-cutoff in design.
c.
Canopy Illumination: Lighting under canopies shall be flush mounted. Light fixtures that extend below the horizontal plane made by the bottom edge of the canopy (also known as drop-lens canopy fixtures) shall not be permitted.
6.
Illumination of Recreational, Educational, and Institutional Properties.
a.
General: Regardless of Zoning District, and unless otherwise regulated, illumination of recreational, educational, and institutional properties shall be subject to the standards of this section.
b.
Building Illumination: Building illumination for recreational, educational, and institutional properties shall be subject to the following standards.
c.
Parking Lot Illumination: Parking lot illumination for recreational, educational, institutional, municipal, and emergency service properties shall be subject to the following standards.
(1)
Light poles shall not exceed twenty (20) feet in height.
(2)
Parking lot illumination shall be extinguished or dimmed no later than one-half hour following the conclusion of normal daily activity or 10 p.m., whichever is earlier. A dimmed illumination level shall not exceed that which may be necessary for overnight security purposes.
(3)
Light fixtures shall be aimed straight down and shall be full cutoff in design.
d.
Athletic Field and Court Illumination: Lighting of athletic fields and courts may be employed and shall be subject to the following standards.
(2)
Height of Light Poles: Light poles, including all light fixtures and any other equipment or appurtenance on said poles, shall be subject to the following maximum height standards:
(3)
Period of Illumination: Illumination of athletic fields and courts shall be extinguished or dimmed by no later than 10 p.m., regardless of whether or not an activity or event has concluded. Illumination of fields and courts shall be completely extinguished by no later than 10:30 p.m.
7.
Illumination Plan: Any Zoning Permit application involving a nonresidential use, and where site illumination is proposed, shall include an illumination plan which must be submitted to the Borough office with the requisite fee. The fee will be established from time to time by resolution of the Fairfield Borough Council. The illumination plan will meet the following standards.
a.
Content: All illumination plans shall include the following information.
(1)
The design of all light fixtures and related components. This shall include documentation necessary to ensure that the light fixtures meet the cutoff, frosted glass, and any other related standards as may be required by this Section.
(2)
The location of all proposed light fixtures on the site.
(3)
An analysis depicting the average illuminance (expressed in footcandles) at all points on the property. The analysis shall document that the site lighting does not cause illumination in excess of 0.2 footcandles at any property line.
b.
Review: The Zoning Officer shall approve the illumination plan and, at his discretion, may request review by and recommendation of the Borough Engineer.
F.
Landscaping.
1.
Application: This Section applies to all nonresidential land developments, and to any residential subdivision or land development which includes five (5) or more new residential units.
2.
Landscape Plans: When a project is proposed which requires landscaping in accordance with this Section, landscape plans shall be prepared. Landscape plans shall meet the following requirements.
a.
Landscape plans shall be drawn to scale, and shall include appropriate dimensions and distances to afford a complete understanding of the proposed layout.
b.
Landscape plans shall delineate any existing and proposed parking spaces or other vehicular areas, driveways, building footprints, and similar features.
c.
Landscape plans shall designate by name and location the plant material to be installed or preserved in accordance with this Section.
d.
Landscape plans shall identify and describe the location and characteristics of all other landscape materials to be used.
e.
Landscape plans shall contain a table displaying information relevant to evaluating the compliance of the landscape plan with the provisions of this Section. At a minimum, such a table shall include number of planting units required, number of planting units provided, and the species of plantings provided.
f.
Specific landscaping or planting approaches that may be required in other Sections of this Ordinance shall be incorporated into the landscape plan required by this Section.
3.
Requirements for Specific Projects.
a.
Residential Development: The following requirements shall be applicable to residential projects.
(1)
Two (2) planting units shall be required for each dwelling unit.
(2)
Unless otherwise required by this Ordinance, one (1) major deciduous tree shall be planted at intervals of between fifty (50) and seventy (70) feet along each side of existing and proposed streets within and adjoining the development. Such major deciduous trees shall be located no greater than five (5) feet from the sidewalk. Further, such major deciduous trees shall be a deep rooted species to minimize damage to sidewalks and streets near the plantings.
b.
Nonresidential Development: The following requirements shall be applicable to nonresidential projects.
(1)
Three (3) planting units shall be required for every one thousand (1,000) square feet, or fraction thereof, of building coverage.
(2)
In addition to the requirements of § 14-1101.F.3.b(1) above, a minimum ten (10) foot wide planting area shall be provided along all property lines which abut residential districts or uses. No less than one (1) planting unit for every twenty-five (25) linear feet of such property lines shall be provided. Such plantings shall be reasonably expected to attain a height of ten (10) feet by the third year after planting.
4.
Credit for Existing Vegetation: Credit for up to fifty percent (50%) of the minimum landscaping quantity requirements may be given for retaining existing major deciduous trees on site, provided that the following conditions are met.
a.
The existing trees are in good health, as certified by a horticulturist or similar professional.
b.
The existing trees are located within seventy-five (75) feet of the structure(s) wherein the principal use of the property is located, or within twenty-five (25) feet of a parking lot, access drive, loading area, dumpster location, or accessory structure associated with such principal use.
c.
If the applicant proposes to apply existing major deciduous trees to the credit for existing vegetation provision permitted by this Section, the applicant shall agree to replace any such major deciduous trees that die within two (2) years of the date of issuance of the Zoning Permit allowing the establishment of the principal use of the property. Such major deciduous trees shall be replaced with an equal number of healthy major deciduous trees.
5.
Dumpster and Trash Storage Areas: All areas proposed for the location of trash dumpsters, or for trash storage pending pickup for more than one (1) residential unit, shall be screened with a fence of no less than five (5) feet in height, or shall be screened with plant material that will form a dense vegetated barrier, and which contains plantings reasonably expected to attain a height of five (5) feet within three (3) years of planting. The plantings used to achieve this requirement shall count toward meeting the landscaping quantity requirements of this Section.
6.
Installation Standards: The following requirements shall govern the installation of all plantings required in accordance with this Section.
a.
The landscape contractor shall furnish and install all plant material shown on the landscape plan approved by the Borough pursuant to this Section.
b.
Plants taken from cold storage are not acceptable to meet the requirements of this Section.
c.
Planting of deciduous material may occur during winter months provided there is no frost in the ground and frost-free topsoil planting mixtures are used. A professional horticulturist or similar professional shall be consulted to determine the proper time to move and install plant material so that stress to the material is minimized.
d.
All plant pits, hedge trenches, and shrub beds shall be excavated as follows.
(1)
All pits shall be generally circular in outline, and shall have vertical sides. Tree pits shall be deep enough to allow one-eighth (1/8) of the root ball to be above the finish grade, and shall be a minimum of ten (10) inches larger on every side than the ball of the tree.
(2)
If areas are designated as shrub beds or hedge trenches, they shall be cultivated to at least eighteen (18) inches in depth.
e.
After cultivation, all plantings shall be mulches with a minimum three (3) inch layer of organic mulch or other similar material over the area of the planting.
f.
All clear sight triangles, as may be required by the Fairfield Borough Subdivision and Land Development or otherwise, shall remain clear, and any plant which could endanger safety, such as unstable limbs, shall be removed and the plant material replaced.
g.
No plant materials may be substituted for that shown on the approved landscape plan without first having received approval from the Zoning Officer.
7.
Financial Security: The installation of required landscaping in accordance with the approved landscape plan required by this Section shall be guaranteed by financial security in the form and manner prescribed by the Fairfield Borough Subdivision and Land Development Ordinance.
G.
Outdoor Wood-Fired Boilers: The use of outdoor wood-fired boilers shall be prohibited in all Zoning Districts. This prohibition does not apply to charcoal grills, fire pits, or other burning conducted in accordance with applicable Borough requirements.
H.
Private Outdoor Swimming Pools.
1.
Private outdoor swimming pools are to be identified as either: (1) designed to hold water at a depth of twenty-four (24) inches or more; or (2) designed to hold water at a depth of less than twenty-four (24) inches.
2.
Swimming pools may be erected in the required rear yard, but not in the required side yard or front yard.
3.
A Zoning Permit shall be required for any swimming pool with a surface of one hundred fifty (150) square feet or more or designed to hold water at a depth of twenty-four (24) inches or more.
4.
Swimming pools with a surface of one hundred fifty (150) square feet or more or designed to hold water at a depth of twenty-four (24) inches or more must comply with the provisions as outlined in Chapter 42 (Swimming Pools) and Appendix G of the 2009 International Residential Code as demonstrated through the issuance of an appropriate building permit by the Borough's Building Code Official, to include, but not be limited to, the following barrier requirements.
a.
The swimming pool shall be completely surrounded by a fence or wall that is not less than four (4) feet in height and constructed to prevent a four (4) inch sphere from passing through the barrier. However, if said swimming pool is located more than four (4) feet above ground level, a fence is not required, provided access is restricted by a locking mechanism.
b.
All gates or doors opening through a required fence shall open away from the swimming pool and shall be erected, maintained, and provided with a self-closing, self-latching gate or door to prevent accidents and unauthorized use of the swimming pool.
c.
The gate or door latching mechanism shall be located a minimum of fifty-four (54) inches above the level of the ground.
d.
House doors opening into the protected area must be equipped with an audible alarm to sound when doors are opened.
e.
Issuance of said building permit shall be a condition of the issuance of the Zoning Permit required by this Section.
I.
RV Hosting and Tent Hosting: The use of a property for RV hosting or tent hosting shall be prohibited in all Zoning Districts.
J.
Sewer and Water Capacity: Where an applicant proposes a use or development that requires capacity beyond that available in the municipal sewer system and/or the municipal water system, the applicant shall upgrade the municipal sewer system and/or the municipal water system in accordance with the following.
1.
The applicant shall conduct a sewer system capacity study at the applicant's expense. If the existing sewer system does not have sufficient equivalent domestic unit (EDU) capacity to accommodate the proposed development, the applicant shall either pay for the expansion of the sewer system or upgrade the sewage plant and related infrastructure in order to serve all proposed new structures and uses. The applicant shall be responsible for obtaining all necessary permits from the Pennsylvania Department of Environmental Protection.
2.
The applicant shall conduct a water system capacity study at the applicant's expense. If the existing water system does not have sufficient capacity to accommodate the proposed development, the applicant shall, at its sole expense, obtain all necessary permits from the Pennsylvania Department of Environmental Protection, drill any additional water supply wells, and dedicate same to the Borough of Fairfield/Fairfield Municipal Authority as part of the water system. Said water well shall have a pump house and all necessary water system equipment.
3.
The design and specification of any upgrade or expansion of the municipal sewer system and/or municipal water system shall be approved by the Fairfield Municipal Authority's engineer.
K.
Solar Power Generation Facilities: Solar power generation facilities shall be permitted as an accessory use in all Zoning Districts in accordance with the following standards.
1.
Solar Panels, Roof Mounted: Roof mounted solar panels shall be permitted in accordance with the following standards.
a.
On pitched roofs, roof mounted solar panels shall be installed as close to parallel as possible to the pitch of the roof while not sacrificing the efficiency of the solar panel.
b.
On flat roofs, roof mounted solar panels may be installed at an angle to improve the efficiency of the solar panel with regard to the predominant sun angle provided that the solar panel is placed in a manner to minimize its visibility from street level. In no case may solar panels extend more than five (5) feet above the top of a flat roof.
c.
All roof mounted solar panel installations proposed on property within the Fairfield Borough Historic District shall be subject to receipt of a certificate of appropriateness from the Fairfield Borough Council following review by the Fairfield Borough Historic and Architectural Review Board.
2.
Solar Panels, Ground-Mounted: Ground-mounted solar panels shall be permitted in accordance with the following standards.
a.
Ground-mounted solar panels shall comply with the setback requirements of the Zoning District where the installation of the solar panel is proposed.
b.
Ground-mounted solar panels shall not be permitted by right in the front yard of any property. The Zoning Hearing Board may authorize, by special exception, the installation of a ground-mounted solar panel in a front yard provided the following standards are met.
c.
Ground-mounted solar panels shall not exceed a height of ten (10) feet.
d.
Glare from ground-mounted solar panels shall be directed away from adjoining properties or street rights-of-way. Fences or vegetative screens may be utilized to prevent glare from impacting adjoining properties or street rights-of-way.
3.
General Requirements: The following requirements shall apply to all solar power generation facilities.
a.
Building Permit Required: The installation of solar panels shall be subject to any permitting and inspections with regard to applicable provisions of the Pennsylvania Uniform Construction Code (UCC) in addition to the Zoning Permit required to demonstrate compliance with the provisions of this Ordinance.
b.
Purpose of Facility: The primary purpose of a solar power generation facility shall be to provide power for the principal use of the property where the installation of said power generation is proposed. The primary purpose of the solar power generation facility shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to limit or prohibit the sale of excess power generated in accordance with applicable net metering requirements of the Commonwealth of Pennsylvania.
L.
Yard and Lot Regulations.
1.
Corner Lots.
a.
Front yards are deemed to be located along both street frontages. The rear yard shall be deemed to be located opposite or most closely opposite the front yard that the main entrance faces. All other yards shall be deemed to be side yards.
b.
No obstructions to vision exceeding thirty (30) inches in height above curb level shall be erected or maintained within a seventy-five (75) foot clear sight triangle formed by the centerline of intersecting streets.
2.
Front Setback and Front Build-To Line Exceptions.
a.
In Zoning Districts where minimum front setback standards are applied, no proposed principal building need have a front setback greater than the average of the front setbacks of the principal buildings on adjoining properties.
b.
In Zoning Districts where build-to lines are applied, a principal building may be set at a build-to line that represents the average of the build-to lines on adjoining properties.
3.
Projections into Required Minimum Setbacks: Open patios may be located within required side and rear setbacks. Should such open patios be located closer than five (5) feet to any property line, they shall be screened in accordance with the provisions of this Ordinance.
4.
Through Lots: Where a lot fronts a public street along both the front and rear of a lot, the minimum front setback or build-to line standard, as applicable, shall be applied along both street frontages. However, in the event that the lot is located within a portion of the Borough where a complete street and alley system exists and where the lot is designed for rear access, the minimum front setback or build-to line standard, as applicable, shall only be applied along the more major street. The minimum rear setback standard shall be applied along the more minor street. At a minimum, this standard shall be applied within the VC District and within Village Development Option development within the LR District.
5.
Setback Abutting Railroad Right-of-way: No minimum side or rear setback shall be required where the yard where the setback is applied abuts an operating railroad right-of-way.