Homestead City Zoning Code
PART 11
Supplemental Regulations
§ 27-1101 Temporary uses.
1.
Permit required. A certificate of occupancy issued by the Zoning Officer in accordance with the provisions of this chapter is required for any temporary use of land or structure. If a temporary use is for less than 30 days, the Zoning Officer may issue the required certificate of occupancy without action by the Planning Commission. Temporary uses of 30 or more days must be approved by the Planning Commission.
2.
3.
Conditions of approval for temporary uses.
A.
Adequate off-street parking areas shall be provided to the extent possible.
B.
Adequate traffic and pedestrian access shall be provided.
C.
Any licenses and permits required to sell products or food or approvals from other governmental agencies shall be submitted prior to the issuance of a certificate of occupancy.
D.
The Borough Chief of Police and Fire Chief shall be notified, in writing, of the temporary use.
E.
If the applicant does not own the land on which the temporary use is to be located, a contract or lease and/or other evidence of permission between the applicant and the landowner shall be presented.
F.
The Zoning Officer shall refer any application for a temporary use not listed in Subsection 2 to the Planning Commission for review and recommendation prior to issuance of the occupancy certificate.
G.
The applicant shall be responsible for conducting the temporary use or activity in a safe manner within the conditions set forth by the Zoning Officer or by the Planning Commission as part of its review. This includes, but is not limited to, provisions for security, trash pickup and daily maintenance of the grounds.
H.
The provisions of this section in no way shall be deemed to authorize the outdoor display of automobiles, trailer or equipment rentals or the sale of furniture, appliances, plumbing, building material or similar display or sale in any district except as specifically authorized by this chapter.
4.
Temporary construction structures. Temporary structures and trailers used in conjunction with construction work may not be moved onto a site until the building permit has been issued, and must be removed within 30 days after the completion of construction. Permits for such temporary structures shall not exceed one year.
§ 27-1102 Buffer yards.
1.
Buffer yards shall be required to separate different zoning districts from each other and to separate uses within the same zoning district that may have different impact characteristics in order to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, signs, etc., and unsightly buildings or parking areas.
2.
Determination of required buffer yard. To determine whether a buffer yard is required on a parcel or between two parcels or uses, or between a use and the street, consider the following:
A.
Identify whether any property line, or portion thereof, constitutes a zoning district boundary line. If so, determine the zoning on both sides of the line. Determine the buffer yard required by referring to the Table of Required Buffer Yards contained in this section.
B.
Determine if the proposed development is a use which has buffering required to separate that use from other uses.
(1)
Where a proposed nonresidential use abuts an existing residential use, a buffer yard shall be installed as per the Table of Required Buffer Yards contained in this section.
(2)
If the proposed use is a conditional use abutting an existing use by right, a Buffer Yard A shall be installed.
(3)
Off- street parking/loading spaces. In all districts, off-street parking areas containing more than 15 parking spaces shall be effectively screened on each side by a wall, fence or densely planted compact evergreen hedge not less than three feet in height. The parking spaces shall be arranged and designed so as to prevent damage to, or intrusion into, such wall, fence or hedge. Clear sight triangles, as defined by this chapter, shall be maintained. Open parking areas for 50 or more cars shall be interspersed with land forms or other appropriate landscape or planted areas.
3.
A buffer yard shall be provided along all property lines between dissimilar uses which shall comprise a year-round visual screen at least five feet in depth, unless otherwise specified by this chapter. The buffer yard may consist of one or a combination of the following:
4.
When a planted buffer yard is utilized, it shall consist of a mix of evergreen and deciduous plant materials. At the time of planting, the evergreen material shall be sufficient to screen the property visually and shall be a minimum of six feet in height at the time of planting. The remainder of the plantings may be of varying lesser heights.
5.
The property owner shall be responsible for the continuing maintenance of all buffer yards, including the replacement of any dead plant material. Buffer yards shall be kept clean of all debris, rubbish, weeds and tall grass.
6.
No structure shall be permitted within a required buffer yard, except an authorized fence or wall, nor shall a buffer yard be used for parking, loading, vehicular circulation, storage or any other purpose.
7.
The buffer yard shall be continuous along property lines where they are required, except for points of vehicular or pedestrian access. The provisions for a clear sight triangle at all street and driveway intersections shall apply.
8.
The Planning Commission may authorize a modification in the otherwise applicable buffer yard requirements where it determines that:
A.
A greater buffer yard, or an element thereof, is required to accomplish the purposes of this chapter; or
B.
The changes in elevation between abutting properties or other natural features exist such that they decrease or eliminate the need for the buffer yard at the points where the buffer yard is required by this chapter.
Table of Required Buffer Yards | |||||||||
|---|---|---|---|---|---|---|---|---|---|
R-1 | R-2 | R-3 | C-1 | C-2 | C-3 | WDD | POSP | ||
R-1 | C | C | B | A | B | B | C | ||
R-2 | C | C | C | B | A | B | B | C | |
R-3 | C | C | C | B | A | B | B | C | |
C-1 | B | B | B | C | A | C | A | B | |
C-2 | A | A | A | A | C | A | A | A | |
C-3 | B | B | B | C | A | C | A | B | |
WDD | B | B | B | A | A | A | C | B | |
POSP | C | C | C | B | A | B | B | C | |
A: | Buffer yard A is required | ||||||||
B: | Buffer yard B is required | ||||||||
C: | No buffer yard is required, except between conditional uses and permitted uses, as described in this chapter. | ||||||||
9.
Minimum buffer yard materials. Buffer yard requirements are stated in terms of the number of plant units required per 100 linear feet of buffer yard.
A.
Buffer yard A, at a minimum, shall consist of the following number and types of materials:
One canopy tree; |
Two understory trees; and |
Two evergreen trees. |
B.
Buffer yard B, at a minimum, shall consist of the following number of types of materials:
Two canopy trees; |
Four understory trees; and |
Five evergreen trees |
C.
Buffer yard A shall be installed between conditional uses and permitted uses within the same district.
D.
Buffer yard B shall be installed between residential and nonresidential uses within the same district.
§ 27-1103 Maintenance of unused land and structures.
The owner of all properties within the Borough shall maintain land and structures in accordance with the provisions of this section.
1.
All vacant structures planned for demolition shall be secured and maintained to prevent vandalism, hazards, including fire, public nuisance and, to the extent feasible, visual blight affecting other property within the community.
2.
Vacant structures which have been identified as historically significant shall be maintained as above and, in addition, protected as may be necessary to prevent continuing deterioration from weather, such as may be caused by holes in exterior roof and wall surfaces.
3.
Clearing of land.
A.
Land from which buildings or other structures have been removed shall be cleared of debris. If salvageable materials are to be stored on the site, they shall be stored in accordance with the following provisions:
(1)
Such use will not endanger the public health and welfare in any manner within the Borough or any adjoining community.
(2)
That an agreement is executed which is acceptable to the Borough and binding upon the property owner and any other party involved which specifies the interim and limited nature of the temporary use. The agreement shall clearly establish the right of the Borough to require termination of such use at the conclusion of the agreed-upon period of time, or earlier if a condition of the approval is violated, and the responsible party has failed, after proper notice, to correct such violation.
B.
Cleared land not used for interim storage shall be graded as necessary and planted with grass to prevent erosion, dust and visual blight. Planted areas shall thereafter be maintained by regular mowing and removal of litter.