Greensburg City Zoning Code
ARTICLE XIX
Zoning Hearing Board 1
§ 265-124 Purpose and intent.
[Amended 11-9-2020 by Ord. No. 2113]
The purpose of this article is to establish and summarize the powers and duties of the Zoning Hearing Board of the City of Greensburg.
§ 265-125 Membership and organization.
[Amended 11-9-2020 by Ord. No. 2113]
A.
Membership. The Zoning Hearing Board shall consist of five residents of the City of Greensburg appointed by resolution of the Council. Members of the Board shall hold no other elected or appointed office in the City of Greensburg nor shall any member be an employee of the City of Greensburg. Members' terms shall be five years and shall be so fixed that the term of one member shall expire each year.
B.
Organization. The organization, officers, conduct, procedures, hearings, finances, and records of the Board shall be governed by the Planning Act. The Board may schedule meetings and hearings as needed in service of its duties. For the conduct of any hearing and the taking of any action, a quorum shall be three members of the total five appointees.
§ 265-126 Removal of members.
[Amended 11-9-2020 by Ord. No. 2113]
A Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Council, taken after the member has received 15 days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote upon the written request of the member. Failure of the Board to render a decision on any matter requiring a decision within the stipulated time limits of this chapter due to negligence of any or all members shall be considered just cause under this section.
§ 265-127 Powers and duties.
[Amended 11-9-2020 by Ord. No. 2113]
In accordance with the Pennsylvania Municipalities Planning Code, as amended,[1] the Zoning Hearing Board shall have exclusive jurisdiction to hold hearings and render decisions on the following matters:
A.
Substantive challenges to the validity of any land use ordinance, except those brought before the governing body as proposed curative amendments.
B.
Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit, or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot.
C.
Appeals from a determination by a municipal engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.
D.
Applications for variances from the terms of the Zoning Ordinance and flood hazard Ordinance or such provisions within a land use ordinance, pursuant to provisions and criteria in 53 P.S. § 10910.2.
E.
Applications for special exceptions under the Zoning Ordinance or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to 53 P.S. § 10912.1.
F.
Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of the zoning ordinance.
G.
Appeals from the Zoning Officer's determination under 53 P.S. § 10916.2.
H.
Appeals from the determination of the Zoning Officer or municipal engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving applications for subdivisions and land developments nor applications for planned residential developments.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 265-128 Applications.
[Amended 12-21-1994 by Ord. No. 1646; 9-14-2015 by Ord. No. 2057; 11-9-2020 by Ord. No. 2113]
A.
An application to the Board for a variance under § 265-127D or a special exception under § 265-127E may be made by any property owner or a tenant, potential tenant or a party with a current or potential possessory interest with the permission of such property owner. An application to the Board for hearing and decision under § 265-127A, B, C, F, G, and H may be made by the landowner affected, any officer or agency of the City of Greensburg, or any person aggrieved.
B.
Such application shall be filed in triplicate with the Planning Director, who shall transmit a copy thereof, together with all the plans, specifications and other papers pertaining to the application, to the Chairman of the Board. Each such application shall be accompanied by a filing fee as set by the City Council. All applications for a variance or special exception shall include a disclosure statement, signed by the applicant and witnessed as such, of the equitable ownership of the real estate affected, which shall list the names and addresses of all the real parties in interest, including all applicants, title owners, contract purchasers and lessees of the land described in the application, all partners, both general and limited, in any partnership and, if any of the foregoing is a trustee, each beneficiary having an interest in such land and, in the case of corporate ownership, the names of stockholders, officers and directors; provided, however, that the corporate requirement shall not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. The applicant shall keep this information current at all times during the processing of the application.
§ 265-129 Special exceptions.
[Amended 11-9-2020 by Ord. No. 2113]
The Zoning Hearing Board shall hear and decide requests for the following special exceptions to the terms of the Zoning Ordinance in the districts indicated and may authorize a zoning permit therefor, subject to the provisions prescribed hereunder, all other applicable provisions of this chapter unless otherwise excepted hereunder and such other additional reasonable conditions and safeguards that the Board may prescribe, as it deems necessary to implement the purposes of the Planning Act and this Zoning Ordinance; provided, however, that no variances from any of the applicable provisions shall be allowed.
A.
In R, C and M Districts for:
(1)
Change of a nonconforming use within a nonconforming structure to a conforming use or to another nonconforming use that is determined by the Board to be no more detrimental to the neighborhood, provided that:
(a)
A report and a recommendation are requested from the Commission, which shall indicate, among other things, whether the affected area is an appropriate one for clearance and redevelopment, renewal or conservation.
(b)
Such use shall not be a living-quarter use in a C or M District.
(c)
No living-quarter use shall be located in the same story of a building in which a commercial or an industrial use is located and vice versa.
(d)
All technical advances pertaining to such nonconforming use shall be utilized and the time of operation of such use shall be so scheduled as to minimize the detrimental effect of such use in adjacent structures and uses.
(2)
Outdoor air-conditioner condensing unit, located in any required yard, as a part of a system designed to air condition living quarters in an existing structure, provided that:
(a)
The unit shall not be located closer than 20 feet to a front lot line, nor closer than eight feet to any other lot line.
(b)
Where feasible, the exhaust from such installation shall be shielded or directed away from adjacent structures.
(c)
The applicant must satisfy the Board as to the necessity and appropriateness of the installation at the particular location on the site, taking into consideration the location and arrangement of facilities within the main structure, as well as external site relationships.
(d)
The Board shall be reasonably assured that the proposed use will not be seriously detrimental to adjacent properties on the basis of size, capacity and operational characteristics of the particular installation, its relative location and protective screening provided.
(3)
A temporary structure and use in connection with an authorized use, provided that:
(a)
The structure shall be complete in itself and not a part of a future building, without basement, and intended only for temporary storage of materials and/or tools or as a temporary construction or a sales office and not for use as a dwelling or garage.
(b)
The use shall be purely incidental to the authorized use.
(c)
It shall be demonstrated to the Board that such structure and use are reasonably necessary and that safeguards are established to preserve the amenities of surrounding properties.
(d)
The zoning permit shall be issued for a period not exceeding one year, but the period may be extended under like conditions.
B.
In R Districts, for the erection, alteration, enlargement and use of a structure or for the use of land for:
(1)
A community garage or the use of land for a community parking area, for parking of noncommercial vehicles to serve uses permitted in the district in which such a garage or parking area is located: on a lot having a buildable area of not less than 350 square feet for each vehicle stored, provided that the prescribed yard, lot width and height requirements for a one-family dwelling in that district are met (subject to the area exceptions of § 265-48, allowing a community garage to occupy side and rear yard area); and provided, further, that the Board determines that such use is reasonably necessary in the particular neighborhood to facilitate the provision of automobile parking space as required by this chapter and that reasonable safety provisions are established.
(2)
A one-family dwelling on a zoning lot without the required automobile parking space, when the Board is satisfied that physical conditions make it impossible to provide parking space in said zoning lot.
(3)
A one-family dwelling on a lot not complying with the area regulations of the district in which it is located, when an existing main structure on the same lot is damaged or destroyed by fire or other casualty or act of God to the extent of 50% or more of the cost of restoration of the entire structure new, provided that the Board determines that no main structure could otherwise be erected on the same lot in compliance with the area regulations of the district and that such dwelling would not be seriously out of character with existing buildings in the immediate neighborhood with respect to provision of yards or other open spaces.
C.
In the R2 District, on a zoning lot of not less than 7,200 square feet, provided that the prescribed yard, lot width and height requirements of a one-family dwelling are met and that the Board determines that the use would be not disturbing to the neighborhood: for the erection, alteration, enlargement and use of a building for:
(1)
A funeral home, with an additional lot area of 300 square feet for each reposing room, provided that the main building shall be located not nearer than 100 feet to property in an R1 District; there shall be no crematory, receiving vault, preparation room or display of merchandise on the premises or advertising visible from outside the main or accessory building; there shall be no loading or unloading of merchandise or bodies of deceased persons on public property; there shall be no parking or standing of motor vehicles on public property; and provided, further, that the Board determines that the scale of business in relationship to the character of the uses around the particular location will be such as to be not detrimental to or alter the character of the neighborhood.
(2)
A membership club, provided that neither public restaurant nor bar facilities are established; and provided, further, that the Board determines that the time of operation and the intensity of the use will be not disturbing to adjacent residential uses.
(3)
A rooming house with an additional lot area of 300 square feet for each sleeping room in excess of four.
(4)
A tourist home with an additional lot area of 300 square feet for each sleeping room in excess of four, provided that only overnight accommodations for not more than five transient guests are offered.
D.
In the C2 District, for the erection, alteration, enlargement or use of a structure for a community garage or a major garage (without major repair or body and fender work) or for the use of land for a community parking area, provided that the Board determines that the proposed location is such that the use will be not detrimental to the general welfare of adjacent businesses and that the addition of the proposed use will not overly congest abutting streets. (See §§ 265-21 and 265-73.)
E.
In C-1, C-2, M, R-T and S Districts, a communications tower may be permitted via a special exception by the City of Greensburg's Zoning Hearing Board with the requirements listed below:
[Added 7-19-2004 by Ord. No. 1895]
(1)
The communications company is required to demonstrate, using technological evidence, that the antenna must be located in the area it has proposed in the order to satisfy its function in the company's grid system.
(2)
If the communications company proposes to build a tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of tall structures within a one-fourth-mile radius of the site proposed, asked for permission to install the antenna on those structures and was denied for reasons other than economic ones. This would include smokestacks, water towers, tall buildings, flagpoles, towers and antenna support structures of other communications companies, and other communications towers (fire, police, etc.).
(3)
The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved. In addition, no antenna shall exceed 200 feet in height.
(4)
All communications towers must be stealth towers. A "stealth tower" is a communications tower which is not recognizable as a conventional communications tower (e.g., a metal lattice structure), but instead is disguised or concealed in such a fashion as to conform to its surroundings. Examples of such cell stealth towers include a tower which looks like a tree or one that is concealed in a church steeple, or a monopole.
(5)
Setbacks from base of antenna support structure. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure or any guy wire anchors and any property line shall be the largest as following:
(6)
Landscaping. The following landscaping shall be required to screen as much of the support structure as possible, the fence surrounding the support structure and any other ground-level features (such as the building) and, in general, efforts should be made to soften the appearance of the communications site. If the antenna is mounted on an existing structure, landscaping shall not be required. An evergreen screen shall be required to surround the site. The screen can be either a hedge (planted three feet on center maximum) or a row of evergreen trees (planted 10 feet on a center maximum). The evergreen screen shall be a minimum height of six feet at planting and shall grow to a minimum of 15 feet at maturity.
(7)
In order to reduce the number of antenna support structures needed in the community in the future, the proposed support structure shall he required to accommodate other users, including other communications companies, local police, fire, ambulance services and municipal authority and road departments. In addition, a linear two-mile separation shall be maintained between communications towers, measured from the base of the support structure.
(8)
The communications company must demonstrate that the Federal Communications Commission licenses it.
(9)
Antenna support structures under 200 feet in height shall either be painted silver or have a galvanized finish retained or be either stainless steel or aluminum in order to reduce the visual impact. Support structures near airports shall meet all Federal Aviation Administration (FAA) regulations. No antenna support structure may be artificially lighted except for that required by the FAA.
(10)
A land development plan shall be required for all cell sites, showing the antenna, antenna support structure building, buffering, access to the public right-of-way and all other items that may be required by Planning and Development.
[Amended 9-14-2015 by Ord. No. 2057]
(11)
In granting the use, the City of Greensburg Zoning Hearing Board may attach reasonable conditions warranted to protect the public health, safety and welfare, including but not limited to location, fencing, screening, increased setbacks and the right to use said facilities for public purposes.
(12)
All approvals will be only for specific facilities set forth in the application. No additions or alterations thereto will be permitted without a new application.
(13)
The applications shall demonstrate that the proposed communications tower and communications antenna proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(14)
Communications towers shall comply with all applicable Federal Aviation Administration and Commonwealth Bureau of Aviation standards and regulation.
(15)
The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.
(16)
The applicant shall submit certification from a Pennsylvania-registered professional engineer that the proposed communications tower will be designed and constructed in accordance with the current Structure Standards for Steel Antennas Towers and Antenna Supporting Structures, published by the Electrical Industry Association/Telecommunications Industry Association.
(17)
The applicant shall submit a copy of its current Federal Communication Commission license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and the communications antennas.
(18)
All guy wires associated with the guyed communications towers shall be clearly marked so as to be visible at all times.
(19)
No signs, lights, sirens or horns shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency that has jurisdiction.
(20)
Communications towers shall be protected and maintained in accordance with the requirements of the City of Greensburg.
(21)
If a communications tower remains unused for a period of 12 consecutive months, the owner or operator thereof shall dismantle and remove the communications tower within six months of the expiration of such twelve-month period.
§ 265-130 Personal care homes and boarding homes.
[Added 7-28-1986 by Ord. No. 1297]
Requirements. The following requirements must be met in order for a special exception to be granted for the use of a personal care home and/or a boarding home.
A.
The operator must obtain a license from the State Department of Public Welfare.
B.
Personal care boarding homes may be established in R2, C1, C2 and S Zoning Districts.
C.
Personal care boarding homes shall be spaced at least 800 feet from other personal care boarding homes, so as not to impact or adversely affect any particular neighborhood.
D.
At least one responsible nonclient adult shall be available on the premises for the residents on a twenty-four-hour-a-day basis while any of the residents are on the premises.
E.
Conversion of existing structures must meet the development standard requirements for new construction.
F.
The facility must be located within a reasonable distance from public transportation and shopping facilities.
G.
The facility must provide common indoor and outdoor areas suitable for residents' needs.
H.
The facility must meet all Department of Labor and Industry Fire and Panic Code requirements.
I.
A laundry service area must be provided.
J.
Personal care homes shall have a minimum lot size of 7,200 square feet for the first four residents and an additional 300 square feet for each resident thereafter.
[Added 4-24-1987 by Ord. No. 1334]
§ 265-131 Regulation of family day-care homes and nurseries.
[Added 7-28-1986 by Ord. No. 1297; 2-14-2011 by Ord. No. 2005]
Requirements. The following requirements must be met in order for a special exception to be granted for the use of a family day-care home or nursery.
A.
Family day-care homes and nurseries may be established in R1, R2, C1, C2 and S Zoning Districts.
B.
When required or available, family day-care homes and nurseries must be licensed by appropriate federal, state or county agencies.
C.
Family day-care homes shall have a minimum lot size of 10,000 square feet.
D.
Nurseries shall have a minimum lot area of 30,000 square feet.
E.
Parking shall be provided as follows: one off-street space for each employee, plus one additional space for each 10 students.
F.
The facility must meet all Department of Labor and Industry Fire and Panic Code requirements.
§ 265-132 Small personal care homes/boarding homes; small nurseries; small family day-care homes.
[Amended 12-21-1994 by Ord. No. 1646; 2-14-2011 by Ord. No. 2005]
A.
B.
Compliance. All personal care homes in the City of Greensburg will comply with all city regulations within one year of adoption of this chapter, whether new or existing.
C.
Penalties. Any person or corporation who shall violate any provision of this article or who shall fail to comply with any notice given by Planning and Development shall, upon conviction, be sentenced to pay a fine of not less than $300 nor more than $1,000 or be imprisoned for a period not exceeding 90 days, or both such fine and imprisonment. Each day that a violation continues beyond the date fixed for compliance shall constitute a separate offense.
[Amended 9-14-2015 by Ord. No. 2057]