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Irwin City Zoning Code

PART 3

Development Standards

§ 260-98 Intent.

Except as provided in this chapter, no building or structure shall be erected, enlarged, altered, changed or otherwise modified on a lot unless such building, structure or modification conforms to the height, bulk, area and density regulations of the zone in which it is located.

§ 260-99 Area and bulk standards table. [1]

The conditions, standards, requirements and notes set forth in each district and otherwise prescribed by this chapter are established as the basic height, bulk, area and density regulations for the Borough. See Table 2, Area and Bulk Standards, attached to this chapter.
[1]
Editor's Note: Table 2, Area and Bulk Standards, is attached to this chapter.

§ 260-100 General exceptions to height, bulk, area and density provisions.

A. 
Height exceptions. In all districts, spires, church steeples, chimneys, cooling towers, elevator bulkheads, fire towers, scenery lofts, transmission lines or towers and distribution poles and lines, and essential mechanical appurtenances may be erected to any height not prohibited by other laws or ordinances. Standard television antenna and similar appurtenances shall not exceed the maximum building height in the district in which they are located by more than 10 feet. This exception does not extend to communications towers and antennas.
B. 
Front and side setback exception.
(1) 
All new construction will conform to the clearly prevailing setback pattern of developed lots within the block fronting on the same street, even when the prevailing front yard setbacks differ from those required in the zoning district. When an unimproved lot is situated between two lots, the existing front yard setback may be adjusted to a depth equal to the average of the front yard setbacks of the two adjacent lots. On Main Street, Oak Street, 2nd Street, 3rd Street, and 4th Street, all new construction proposed between two existing buildings shall be required to have front and rear setbacks equal to the average of the front and rear setbacks, respectively, of the two existing buildings. Side setbacks shall not be required for buildings constructed between two existing buildings.
(2) 
A setback greater than or equal to the minimum required front yard setback shall be provided along all portions of a corner lot, except where the applicant proves to the satisfaction of the Borough Council that the provisions of a smaller setback will conform with the clearly prevailing yard pattern on numerous existing developed lots fronting on the same street.

§ 260-101 Projections into required setbacks.

A. 
Uncovered ramps designed in accordance with the American with Disabilities Act, cornices, eaves, sills or other similar architectural features, or other required means of egress, rain leads or chimneys or other similar structures that do not include spaces usable by persons may extend or project into a required yard not more than four feet. Unenclosed and uncovered exterior stairways and fire escapes may extend or project into a required side or rear yard not more than four feet. In no case shall any of the above architectural features or means of egress be constructed less than three feet from the property line.
B. 
Front porches or decks may extend into the required front yard. In no case shall a front porch or deck extend more than eight feet into the required front yard.

§ 260-102 Safety and vision.

In no event shall a building, architectural feature, or structure obstruct the view of motorists or cause any other danger to motorists or pedestrians within a public right-of-way. If in any event the public's safety is at risk the owner will have to remove the safety and visual hazard within 30 days of notice from the Borough. If the owner does not remove the hazard within the 30 days, the Borough will have the right to remove the structure or building or portion of the structure or building that is the hazard at the owner's expense.

§ 260-103 Special requirements.

If the event a building's or structure's plans do not meet the minimum requirements established within the chapter, a property owner has the right to request a variance.

§ 260-104 General requirements.

A. 
Off-street parking shall be provided for all uses of land, structures and building as well as for any expansions or change of such uses in accordance with the requirements of this article.
B. 
Off-street loading space shall be provided for all commercial and industrial uses as well as for any expansion of such uses or changes in use requiring the regular delivery or shipping of goods, merchandise or equipment to the site by trucks, in accordance with the requirements of this article.

§ 260-105 Methods of providing required parking and loading.

All required parking or loading spaces shall be located on the same zoning lot as the principal uses it serves, except as provided below.
A. 
In lieu of actual construction of required on-site parking spaces, all or any portion of the off-street parking required in this article may be provided by satellite parking, particularly in the C-B-R District. Required parking for use(s) on a zoning lot may be located on another zoning lot, either by itself or combined with parking for other uses, subject to certification by the Planning Commission, if the following requirements have been met:
(1) 
The use being served by the off-site parking shall be a permitted principal use, as provided for in this chapter, in the zoning district within which the zoning lot containing such parking is located.
(2) 
The off-site parking spaces shall be located within 300 feet walking distance of a public entrance to the structure or zoning lot containing the use for which such spaces are required. A safe, direct, attractive, lighted and convenient pedestrian route shall exist or be provided between the off-site parking and the use being served.
(3) 
Parking facilities shall be designed to connect with similar facilities on adjacent zoning lots, where appropriate, to eliminate the need to use abutting street(s) for cross movements.
B. 
Curbed islands shall be required at the ends of and between parking aisles for traffic control and drainage control for all new nonresidential development in excess of 10,000 gross square feet.
C. 
Except for single-family dwellings and two-family dwellings, all parking spaces shall be delineated with painted lines.
D. 
Parking lots shall be sloped not less than 1/2% nor more than 6% toward a storm drain if the lot is paved. When the slope extends downhill from the edge of a parking lot, the edge shall be protected by a curb or stop bar. Stormwater on a paved lot shall be collected in the lot and directed to a storm inlet or a recognized drainageway or watercourse.
E. 
Parking lots shall be set back from side and rear property lines at least two feet and from front lot lines at least five feet.
F. 
Where a parking lot designed for more than eight vehicles abuts residential properties, the parking lot shall be screened along the common property line by a hedge, fence or wall of not less than four feet in height. In lieu of the hedge, fence or wall screen, the Planning Commission may approve a natural change in grade along property lines as the required screening.

§ 260-106 Design standards for handicapped parking spaces.

A. 
Single-family dwellings and two-family dwellings shall be exempt from the requirements of this section.
B. 
Parking facilities designed to accommodate 10 or more vehicles shall provide, as part of the required number of parking spaces, one handicapped parking space for every 50 parking spaces, or fraction thereof. Such spaces shall be defined with pavement marking and a sign and clearly reserved for exclusive use by handicapped persons.
C. 
Each required handicapped parking space shall be 10 feet by 20 feet. In addition, each space shall be adjacent to a five-foot-wide access aisle. The access aisle may be shared by two handicapped spaces by being placed between them. However, one out of every four required handicapped parking spaces shall be van accessible and have an adjacent access aisle of eight feet instead of five feet.
D. 
Handicapped parking spaces shall be located in areas of less than five-percent slope in any direction.
E. 
All required handicapped spaces shall be constructed in compliance with the UCC codes.

§ 260-107 Off-street parking and off-street loading and unloading.

A. 
Off-street parking spaces shall be provided in accordance with the requirements of the table below for any land use which is instituted or enlarged after the effective date of this chapter.
B. 
Each parking space shall be nine feet by 18 feet in size. Spaces shall be so arranged as to permit the ingress, egress and regress of a vehicle to each space without the requirement of moving any other vehicle in order to do so.
C. 
Required parking spaces shall be located on the same lot as the use for which they are provided or on an adjacent lot which is guaranteed for the use of off-street parking for the life of the use for which the parking is provided. Such guarantee shall be in the form of a formal legal agreement, such as a long-term lease or deed restriction, and shall be subject to the approval of the Borough Council.
D. 
Where more than one use occupies a given lot, building or structure, the Zoning Officer may require off-street parking which is equal to the sum of required spaces for each such use.
E. 
In any district, in connection with every building or building group or part thereof hereafter erected which is to be occupied by manufacturing or commercial uses or other nonresidential uses which rely upon the delivery or distribution of materials or merchandise, there shall be provided and maintained on the same lot with such building off-street loading berths in accordance with the following minimum standards:
(1) 
Each loading space shall be not less than 15 feet in width and 40 feet in length and shall have a minimum clearance of 14 vertical feet and may occupy all or any part of required setback area.
F. 
Development and maintenance of parking areas and structures and loading areas. Structures used as a parking garage or loading areas, including a commercial parking lot, shall be developed and maintained in accordance with the following requirements. Plans for such areas shall be submitted to the Zoning Officer to comply with the following regulations:
(1) 
Off-street parking areas or structures and off-street loading areas shall be effectively screened by a fence or hedge. The screening shall be on the sides which adjoin, abut, are adjacent to, or face premises situated in any residential zone or institutional buildings.
(2) 
No off-street loading area or parking area or part thereof shall be closer than 10 feet to any dwelling, school, hospital or institution for human care located on an adjoining or adjacent lot.
(3) 
Any off-street parking area or off-street loading area shall be surfaced with an asphaltic or portland cement pavement or similar durable and dustless surface. All areas shall be marked so as to provide for the orderly and safe loading, parking and storage of automobiles or trucks.
(4) 
Any lighting used to illuminate any off-street parking or loading area shall be so arranged as to reflect the light away from adjoining premises or traffic areas.
(5) 
Off-street parking facilities for multifamily structures containing four or more families shall be adequately lighted.
(6) 
Parking shall be permitted on the roof of any structure designed for such purpose, provided a four-foot wall is constructed around the perimeter of the roof.

§ 260-108 Exceptions to paved parking.

The following situations are exempted from the paved parking requirements.
A. 
A parking lot used only for occasional use. (Occasional use is a use that occurs on two or fewer days per week.)
B. 
When a proposed development is temporary in nature, the Planning Commission may exempt the development from the paved parking requirements of this section. The duration of the exception shall not exceed six calendar months and shall be included as a condition of the approved zoning permit.

§ 260-109 Exemptions and adjustments subject to Borough Council approval.

A. 
In the instance where a change of use does not involve any building enlargement of an existing building or building(s), constructed before the effective date of this chapter, and the parking requirements that would be applicable as a result of the proposed change cannot be satisfied on such lot because there is not sufficient area available on the lot that can practically be used for parking, then the developer need only comply with the requirements to the extent that: a) parking space is practically available on the lot where the development is located; and b) if satellite parking space is not available, then it shall be a continuing condition of the permit authorizing development on such lot that the developer obtain satellite parking when it does become reasonably available.
B. 
The minimum number of spaces required may be adjusted by the Planning Commission when it has been determined that the reductions are necessary to preserve a healthy tree or trees with a twelve-inch or greater diameter from being damaged or removed and where the site plan provides for the retention of said tree or trees. Off-street parking requirements for developments on currently vacant parcels on Main Street shall be waived.

§ 260-110 Minimum off-street parking requirements.

Table 3
Table of Parking Requirements
Land Use
Minimum Off-Street Parking Requirements
Adult-oriented business
5 spaces per 1,000 square feet of GFA
Group day-care home
1 space per employee plus 1 space per 5 clients
Group home
1 space per employee plus 1 space per 5 residents (or, if residents are unable to drive, 1 space per 1,000 square feet of gross living area)
Hardware store
2 spaces per 1,000 square feet of GFA
Home occupation
dwelling unit's requirements
Industrial park
1 space per employee plus 1 space per vehicle used in the operation of the industry plus 10 customer/visitor spaces
Industrial supply sales establishment
2 spaces per 1,000 square feet GFA and 1 space per employee
Industry, heavy
1 space per employee plus 1 space per vehicle used in the operation of the industry plus 5 customers/visitor spaces
Industry, light
1 space per employee plus 1 space per vehicle used in the operation of the industry plus 5 customer/visitor spaces
Instructional studio
3 spaces per 1,000 square feet
Loft apartment
1 space per unit (recommended, but may be waived by Borough Council)
Mobile home park
2 per dwelling unit
Nursing home
1 space per 4 beds and 1 space per employee
Office building
3 spaces per 1,000 square feet of net floor area up to 20,000 square feet plus 2 spaces per 1,000 square feet
Organization, charitable/fraternal/social
1 space for each 4 persons at maximum capacity
Outdoor storage shed, private
dwelling unit's requirements
Personal care home
1 space per employee plus 1 space per 5 residents (or, if residents are unable to drive, 1 space per 1,000 square feet of gross living area)
Personal service establishment
3 spaces per 1,000 square feet of GFA plus 1 per employee
Professional service establishment
3 spaces per 1,000 square feet of GFA plus 1 per employee
Public park/playground
1 space per 1,000 square feet of indoor area or 15 spaces per acre of outdoor area
Recreational facility, private
1 space per 1,000 square feet of indoor area or 15 spaces per acre of outdoor area
Restaurant/bar
1 space per 3 seats plus 1 space per 2 employees
Residential low density
1 off-street parking space per dwelling unit. A property owner without off-street parking available shall be allowed to park 1 vehicle in the rear of his home in the grass. Rental property owners must provide 1 parking space per tenant.
Residential medium density
a property owner without off-street parking available shall be allowed to park 1 vehicle in the rear of his home in the grass. Rental property owners must provide 1 parking space per tenant.
Residential high density
a property owner without off-street parking available shall be allowed to park 1 vehicle in the rear of his home in the grass. Rental property owners must provide 1 parking space per tenant.
Retail establishment
3 spaces per 1,000 square feet of GFA
Snack bar/shop
1 space per 50 square feet seating area plus 1 space per 2 employees
Theater/performing arts venue
1 space for each 4 persons at maximum capacity
GFA: Gross Floor Area

§ 260-111 General requirements.

A. 
The arrangement, character, extent, width, grade and location of all streets shall conform to the Official Map of the Borough. Where streets are not shown on the Official Map, the arrangement and other design standards of streets shall conform to the provisions set forth herein. Every subdivision shall have access to a public street, except as may be otherwise authorized herein.
B. 
The purpose of this article and all of its subsections now or hereafter adopted is to regulate new street and road construction in order to protect the safety and health and to provide for the general welfare of the Borough and its inhabitants by providing procedures and specifications for street and roadway construction within the Borough.

§ 260-112 Design and arrangement.

A. 
In general, all streets shall be continuous and in alignment with existing streets and shall compose a convenient system to ensure circulation of vehicular and pedestrian traffic.
B. 
Where a subdivision abuts or contains an existing or proposed street, the newly proposed streets shall be planned and designed in order to protect residential areas from heavy traffic and also to provide separation between local and through traffic.
C. 
Streets shall be logically related to the topography so as to produce usable lots and reasonable grades.
D. 
Half or partial streets shall not be permitted. Wherever a tract to be subdivided borders an existing half or partial street, the remaining portion of the street shall be platted within such tract.
E. 
Dead-end streets shall be prohibited except as stubs utilizing temporary culs-de-sac to permit future street extension into adjoining tracts of ground or when designed as permanent culs-de-sac of less than or equal to 1,000 feet in length serving no more than 50 lots. Culs-de-sac shall be a minimum of 250 feet in length, measured from the center line of the intersecting street to the midpoint of the cul-de-sac. The paved turnaround must have a minimum radius of 40 feet (eighty-foot diameter) and a right-of-way radius of 50 feet (one-hundred-foot diameter). Where the intersection of more than one cul-de-sac is proposed, the maximum length of any section from point of origin and through street shall not exceed 1,000 feet in length or serve more than 50 units.
F. 
Where a street is proposed to be extended into property proposed for future development, a temporary hammerhead turnaround shall be provided in an extension of the right-of-way onto the property proposed for future development. The extension of the right-of-way containing the hammerhead turnaround shall not include any portion of frontage for a residential lot.
G. 
Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall make provision for the proper projection of streets. Where a new subdivision adjoins unsubdivided land capable of future subdivision, then the new streets shall be carried to the boundaries of the tract proposed to be subdivided.
H. 
Streets shall be laid out to intersect as nearly as possible at right angles; in any event, no street shall intersect another at less than 70°. Intersections of more than two streets shall be avoided. Where this proves impossible, such intersections shall be designed with care for safety, and suitable curbs, barriers, signs and other devices may be required. Streets entering opposite sides of another street shall be laid out directly opposite one another.
I. 
Street intersections shall not be so numerous or so close to each other as to impede the flow of traffic or as to create a safety hazard.
J. 
Clear sight triangles shall measure a minimum distance of 75 feet along street center lines from their point of junction at all intersections unless longer distances are required to provide adequate sight distance; no structures or other obstructions to vision shall be permitted. A clear sight triangle is defined as an area of unobstructed vision at street intersections defined by lines of sight between points on the center lines at a given distance from the intersection of street lines.
K. 
The vacation of any street or part of a street dedicated for public use shall not be approved if such vacation interferes with the uniformity of the existing street pattern or any future street plans prepared for the area.
L. 
A design speed of 30 miles per hour shall be utilized unless traffic patterns and volumes dictate an increase. Said increase shall be as approved by the Borough Engineer.
M. 
If undeveloped property has an alternative means of vehicular access, a single-family lot in an adjoining recorded plan shall not be used as a future right-of-way for a public street, private street or other vehicular access.
N. 
These regulations shall apply to all streets and roads shown on plats of residential subdivision containing four lots or parcels or more and for all roads and streets shown on plats of subdivision of business, commercial or industrial properties, regardless of the number of lots shown thereon.
O. 
In subdivisions of residential properties containing three lots or fewer, an exception may be granted by Borough Council wherein private drives shown on laid plats may be built to a lesser standard than that of the provisions herein only if said private drives are to be privately owned and maintained and are not to be dedicated to the Borough. In that event, Council will establish such lesser standards subject to conditions of ground and character of the development. Furthermore, whenever a plat of residential subdivision depicts three lots or fewer, and the streets thereon are to be privately owned and maintained and not dedicated to the Borough, no further subdivision of the land area shown thereon shall be permitted, and such restriction shall be marked on the residential subdivision plat.
P. 
All streets shall also conform to the requirements of the Westmoreland County Subdivision and Land Development Ordinance. Where the requirements of these specifications and the county ordinance conflict, the provisions herein will prevail.

§ 260-113 Street grades.

A. 
Profiles. No street grade shall be less than 1% and shall not exceed 10% for any collector streets or roadways and 14% for any local streets and roadways in the Borough. Streets shall have a grade not to exceed 5% for a distance within 50 feet of the street right-of-way line for any intersecting street.
B. 
Cross section. The gradients of streets shall be 0.02 foot per foot, and the cross section shall conform to the dimensions and depths as set forth on Detail No. 1, Typical Street Section, as the same is attached hereto and made a part hereof by reference.[1]
[1]
Editor's Note: Street Details are attached to this chapter.

§ 260-114 Vertical and horizontal curve design.

A. 
Vertical curves in profile design. For all streets and roadways in the Borough, profile grades shall be connected by vertical curves as established in the American Association of State Highway and Transportation Officials (AASHTO) Policy on Geometric Design of Highways and Streets, latest edition; however, the minimum vertical curve length shall be 100 feet.
B. 
Horizontal curvatures shall conform to the following minimum center-line radii:
(1) 
Collector streets and roadways: 325 feet.
(2) 
Local streets and roadways: 150 feet.
(3) 
A minimum fifty-foot tangent shall be introduced between reverse curves on all streets and roadways.
C. 
Minimum sight distance for vertical curves shall be as follows:
(1) 
Streets longer than 500 feet: 200 feet.
(2) 
Streets shorter than 500 feet: 100 feet.

§ 260-115 Minimum required street improvements.

A. 
Standards. The gradations and consistency of all materials and the methods of construction, unless otherwise authorized herein, shall be in accordance with the Pennsylvania Department of Transportation Specifications, Form 408, as amended.
B. 
Notice. No road construction activity shall be permitted in the Borough until and unless the contractor shall notify the Borough at least one week in advance of commencing the work. The contractor shall at all times during the progress of the work have a competent superintendent or foreman on the job site. Inspection of the road work shall be done by representatives of Borough Council and/or the Borough Engineer.
C. 
Grading.
(1) 
The entire width of the right-of-way of each street in a proposed subdivision shall be graded and suitably prepared for the installation of paving, drainage structures, curbs, gutters and sidewalks in accordance with the appropriate standards for the class of street.
(2) 
The subgrade shall be free of sod, vegetation matter or other unsuitable material. Where poor subsurface drainage conditions exist, adequate drainage shall be installed. The subgrade construction shall conform to minimum standards as adopted by the Borough.
(3) 
All utility lines, underdrains, sewer lines, including laterals and service lines, being placed in the right-of-way shall be installed prior to the commencement of road construction at the following minimum depths:
(a) 
Sewer lines: six feet.
(b) 
Waterlines: four feet.
(c) 
Gaslines: 2 1/2 feet.
(d) 
Telephone, electrical and television cable: two feet.
(4) 
All backfill for utilities under the roadway shall be only 2A modified stone compacted at the optimum material moisture content and placed in not greater than eight-inch lifts.
D. 
Preparation of road subgrade.
(1) 
The subgrade shall be well-rolled and fine-graded to a tolerance of not more than 0.1 foot above and 0.2 foot below the grade as shown on the plan.
(2) 
All soft, plastic or rock areas in the subgrade shall be undercut to a depth of at least 12 inches or more, if deemed necessary by the Borough Engineer, and shall be refilled with approved materials (including possible use of geotextile) and by methods approved by the Borough Engineer.
(3) 
The subgrade shall conform to the same crown as the paved surface.
(4) 
Prior to the placement of subbase or base course material, the subgrade shall be proof-rolled with a loaded tri-axle truck with a gross weight of 75,500 pounds and approved by the Borough Engineer. In the alternative, in those circumstances where the Borough Engineer, in his sole discretion, shall deem it necessary, the subgrade shall be tested utilizing a compaction meter to ensure proper compaction prior to the placement of the subbase or base course material.
(5) 
french drains shall be installed pursuant to the specifications set forth on Detail No. 1,[1] as attached hereto and made a part hereof, said french drains to be constructed pursuant to the provisions of § 260-116 hereof. Cross drains may be required where persistent wet conditions exist within the road base or as may be directed by the Borough during inspection of the road base. Such cross drains, if required, shall be connected to the road drainage system.
[1]
Editor's Note: Street Details are attached to this chapter.
E. 
Preparation of road subsurface. The subsurface shall consist of two inches of 2A modified stone, free of any solids and graded in accordance with Pennsylvania Department of Transportation specifications for material. Materials shall be spread evenly over the entire width of the proposed road or street.
F. 
Preparation of road base. The base course material shall consist of eight inches of compacted PennDOT No. 4 aggregate (AASHTO No. 1), installed as set forth in this section. The base course shall be constructed in two layers. The bottom layer shall consist of five inches of No. 4 aggregate spread evenly, compacted to a thickness of four inches by use of a ten-ton vibratory roller to compact each layer. After the bottom layer has been properly placed, the entire surface shall be choked with PennDOT No. 1A (AASHTO No. 10) screenings, swept into place and rolled until all void spaces have been properly filled. The top layer shall be applied in the same manner as the bottom layer and with the same specifications. (All materials shall be in accordance with Pennsylvania Department of Transportation specifications.)
G. 
Preparation of road surface. The surface course shall consist of two courses, a binder course and a wearing course of hot-mixed, hot-laid asphaltic concrete.
(1) 
The binder course shall consist of a minimum of three inches after compaction of Superpave Asphalt Mixture Design, HMA Binder Course, PG 64-22, 0.3 to <3 million ESALs, 19 mm mix, meeting the specifications of the Pennsylvania Department of Transportation Publication 408, as amended, and shall be laid in the manner described therein. After the binder of a new road or street is completed, it shall be sealed using 0.3 gallon of E-3 oil and 25 pounds of PennDOT No. 1B (AASHTO No. 8) stone per square yard of road surface. However, during the time frame of September 15 through and including October 31 of any year, said sealing must be done utilizing 3/4 inch after compaction of Superpave Asphalt Mixture Design, HMA Wearing Course, PG 64-22, 0.3 to <3 million ESALs, 9.5 mm mix fine grade, meeting the requirements of PennDOT Publication 408, as amended, and shall be laid in the manner prescribed therein. Sealing roads in this manner shall not relieve the developer of the placement of the one-and-one-half-inch wearing course as hereinafter set forth.
(2) 
The wearing course shall consist of a minimum of 1 1/2 inches after compaction of Superpave Asphalt Mixture Design, HMA Wearing Course, PG 64-22, 0.3 to <3 million ESALs or 3 to <30 million ESALs, 9.5 mm mix, fine grade meeting the requirements of the Pennsylvania Department of Transportation Publication 408, as amended, and shall be laid in the manner prescribed therein.
(3) 
The wearing course shall only be placed after sufficient time has passed to ensure that no further settling will take place. The wearing course shall only be placed after an inspection has determined no sags, low spots, or depressions exist which could adversely affect the integrity of the wearing course. Any defects found shall be repaired prior to the placement of the wearing course. Subject to said inspection, the wearing course shall be placed no later than the time when 90% of the lots abutting on said road or portion thereof shall have been developed or when three years have passed from the placement of the binder course, whichever occurs first.

§ 260-116 Subsurface drainage.

All roadways and streets constructed in the Borough shall provide for the proper flow of stormwater and natural water in the areas of new streets and roads as follows:
A. 
The french drain is to be constructed and shall be placed along the edge of the road on the uphill side, except that, when the road has an elevated berm on both sides, the french drain shall be constructed under both edges. The size of the trench shall be a minimum of 14 inches wide. The drain shall lead into storm inlets with six-inch perforated plastic pipe placed in the trench four inches from the bottom of said trench. The french drain ditch shall have PennDOT No. 2B (AASHTO No. 57) aggregate placed in it and shall not be choked with fines.
B. 
No drainage from dwellings or other buildings, nor downspouts for roof drainage water shall be piped to the road cartway. The developer shall provide a minimum of two taps from the storm sewer system for each lot or parcel in the subdivision for the control of roof drains and other drains on the lot. These taps must be comprised of four-inch plastic pipes properly connected to the storm sewer and extended to the edge of the right-of-way line. Storm drainage from dwellings and roof drainage water must be connected to the storm sewer system or to an eight-inch PVC pipe to be provided specifically for roof drains and french drains.
C. 
All french drains or storm sewers must be piped to the approved stormwater management facility for the development.

§ 260-117 Berms and curbs.

A. 
Berms. Each street or road constructed in the Borough shall have a berm of at least four feet wide at the lower side of the road and 10 feet wide at the uphill side, and, if not undisturbed, virgin soil shall be compacted in six- to eight-inch layers. Any slopes or embankments beyond the four-foot or ten-foot area shall be sloped at one foot vertical to 1 1/2 feet horizontal or better and shall be seeded with perennial rye grass at a rate of four pounds per 1,000 square feet and covered with mulch.
B. 
Curbs. All new streets or roadways constructed in the Borough shall have bituminous wedge-type curbs constructed with the asphalt wearing course material five inches high by 12 inches wide.

§ 260-118 Catch basins, pipe and endwalls.

A. 
Catch basins shall be designed in conformity with the drawings and specifications set forth on Detail No. 2,[1] as the same is attached to this chapter and made a part hereof by reference. Said drawings and specifications are for a standard catch basin which shall be two feet by four feet in size and placed at a maximum depth of six feet. Precast or poured-in-place reinforced-concrete-type catch basins shall be used, although no more than two sections shall be permitted for precast catch basins. Any catch basin proposed to deviate from the standards set forth herein and on Detail No. 2 shall only be permitted upon special approval by the designated representatives of the Borough on a case-by-case basis based upon individual plans and specifications prepared by the developer or contractor.
[1]
Editor's Note: Street Details are attached to this chapter.
B. 
Catch basins are to be placed no greater than 350 feet apart where the road grade is between 1% and 5% and no greater than 250 feet apart for roads having a grade between 5% and 10%. For road grades in excess of 10%, calculations must be provided to ensure the effectiveness of the catch basin system and the proper placement thereof.
C. 
Pipe for storm sewers shall be a minimum of fifteen-inch reinforced concrete pipe or as may be required by the size of the watershed. This pipe shall be in accordance with the standards and specifications set forth in the Pennsylvania Department of Transportation Form 408, as amended. All natural springs becoming apparent during construction shall be piped to the nearest storm sewer or watershed with proper drainpipe.
D. 
In lieu of reinforced concrete pipe, a polyethylene pipe with a corrugated exterior and smooth interior may be utilized so long as said pipe shall be a minimum sixteen-gauge and shall conform to the requirements of the Pennsylvania Department of Transportation Form 408, as amended.
E. 
All catch basins installed pursuant to the provisions hereof shall include a cast-iron frame as is more fully described on Detail No. 3,[2] which is attached to this chapter and made a part hereof by reference.
[2]
Editor's Note: Street Details are attached to this chapter.
F. 
All catch basins installed or placed within any newly developed roadway shall be equipped with bicycle-safe, heavy-duty, cast-iron grates. This grate is more fully described on Detail No. 4,[3] which is attached to this chapter and made a part hereof by reference.
[3]
Editor's Note: Street Details are attached to this chapter.
G. 
All endwalls shall be poured-in-place or precast reinforced concrete conforming to the drawings and specifications set forth on Detail No. 5,[4] which is attached to this chapter and made a part hereof by reference.
[4]
Editor's Note: Street Details are attached to this chapter.

§ 260-119 Bridges.

A. 
All bridges or similar structures to be constructed on any Borough roads or any road which is to be dedicated to the Borough for acceptance must be designed in accordance with the requirements of the Pennsylvania Department of Transportation's Design Manual and Part 4, as amended, entitled "Structures," as well as the requirements of the American Association of State and Highway Transportation Officials (AASHTO) Standard Specifications for Highway Bridges.
B. 
Plans and design calculations meeting the foregoing requirements shall be submitted for review and approval by the Borough Engineer.
C. 
All materials and workmanship for construction must be in compliance with the Pennsylvania Department of Transportation Specifications Publication 408, as amended.
D. 
All bridges to be constructed in accordance with the terms hereof shall be of reinforced concrete, either poured-in-place or utilizing precast concrete members. The use of steel beam structures will be subject to specific approval on a case-by-case basis by the Borough Council.

§ 260-120 Calendar and weather limitations.

Road construction work, such as filling, berming, subgrade, fine-grade construction, base construction, surface construction or paving, shall not be commenced before April 1 and shall be completed by October 31 of the same year. It is assumed that the weather conditions between these dates will be ideal for road construction. However, if adverse weather conditions occur between these dates, the contractor or builder must abide by the judgment of the Borough Council in regard to permissible construction weather conditions. Work shall only be permitted before or after these dates on a day-by-day basis as approved by the Borough Council.

§ 260-121 Special requirements and services.

A. 
Street sign. The contractor or developer, after the street is complete with binder course and after the performance bond has been provided, and as soon as the first dwelling is being occupied, shall request the Borough to install a road sign and shall be required to pay the cost of the sign and of the installation of the work. The cost is to be the actual cost to the Borough for the materials and labor. Following the installation of said sign and the payment of the costs for that installation, the Borough shall thereafter be solely responsible for the maintenance thereof at the expense of the developer until the final acceptance and adoption of the street by the Borough and upon expiration of the required maintenance bond.
B. 
Snow removal. The contractor or developer, after having met all the above-mentioned requirements, may request that the Borough provide snow removal to the residents of the new street or road. This service is rendered by the Borough; provided, however, that the contractor or developer assumes all responsibility for the effect of the snow removal, including plowing, salt, cinders, etc., on the road surface.
C. 
Fire hydrants. Where the subdivision is serviced by a waterline sufficient to enable the installation of fire hydrants, the developer shall pay the cost of the required fire hydrants set forth on said plan as the placement thereof is approved by the Borough Fire Chief. The location of said hydrants shall be such that all dwellings will be within a six-hundred-foot radius of a hydrant. The cost of a hydrant is charged to the governing body by the appropriate water authority. The developer shall post moneys sufficient to cover the cost of the installation of said fire hydrants with the Borough Council at the time of application for a road construction permit.

§ 260-122 Submission of plans and profiles.

A. 
Construction and paving plans. The paving width, curving requirements, grade and type of paving shall be established by and noted on detailed plans and profiles submitted to the Borough Council. Incorporated herein as Detail No. 1[1] is a typical road section which establishes paving width and specifications.
[1]
Editor's Note: Street Details are attached to this chapter.
B. 
Drainage plans. Detailed plans of the existing and proposed drainage facilities of said street or road and contiguous territory shall be submitted to the Borough Council for its approval. When necessary, said plans shall address and be in conformity with the provisions of the Borough's stormwater management requirements.[2] Said plans must cover a scope large enough to show the effect of the facility or facilities on any land or stream above and any land or stream below. This scope shall be determined by the Borough Council or the Borough Engineer and must be set forth on a separate plan.
[2]
Editor's Note: See Ch. 220, Stormwater Management.
C. 
Certification of plans. All plans, profiles or drawings required under the provisions of this chapter shall include a certification by a Pennsylvania-registered professional engineer attesting that all elements of the plan are in conformity with the Borough's Code and any applicable state regulations.
D. 
Number of plans. Plans and profiles for streets, roadways, drainage or other items required under the terms of this chapter must be submitted to the Borough on drawings not to exceed 24 inches by 36 inches. Match sheets may be used where necessary. One Mylar copy and four prints must be provided.
E. 
As-built drawings. Within 30 days of the completion of the street, roadway and/or drainage system, the Borough Engineer's office shall be supplied detailed Mylar drawings of said streets, roadways and/or drainage systems as the same have been completed. Said drawings must include a certification by a Pennsylvania-registered professional engineer that all elements of the approved plan have been constructed as designed and approved.

§ 260-123 Permits and inspection fees.

A. 
Permit. A road construction permit shall be secured by the developer or contractor before starting any work or road construction. The Borough Council shall, from time to time, by resolution, fix the cost of such permit.
B. 
Inspection fees. Inspection shall be required for all phases of road construction work: subgrading, base installation, binder placement and finish course applications. The contractor and/or builder, prior to any approval by the Borough Council, must pay an inspection fee in an amount to be set by Council by way of resolution.
[Amended 7-14-2021 by Ord. No. 995]

§ 260-124 Purpose and intent.

The purpose of this article is to establish standards for general landscaping, green space and required screening applicable to all districts. When landscape material is used for screening it shall incorporate plant types and sizes that will promote healthy landscapes. These standards are intended and designed to assure compatibility of uses and to enhance the health, safety and general welfare of the residents of the Borough.

§ 260-125 Minimum requirements.

The requirements in this article are minimum requirements, and under no circumstances shall they preclude the ability of the property owner and the Borough from agreeing to more extensive landscaping.

§ 260-126 General landscaping.

A. 
Except as may be required or permitted in this article, provided by development contract or approval by the Borough Council, the site area remaining after providing for off-street parking, off-street loading, sidewalks, driveways, building site and/or other requirements shall be landscaped using ground cover such as mulch or landscape rock, turf grass, ornamental grass, shrubs, trees other acceptable vegetation or treatment generally used in landscaping prior to the date of building occupancy. Fences, walls or trees placed upon utility easements are subject to removal at the cost of the property owner if required for the maintenance or improvement of the utility.
B. 
Except for single-family and two-family lots and parcels developed prior to the adoption of this chapter, new development shall have a mixture of evergreen and deciduous trees planted at the rate of one tree per 3,000 square feet or portion thereof of any unpaved open area remaining after development for which specific landscaping requirements do not appear in this article. Required trees may be planted at uniform intervals, at random or in groupings. Newly planted trees shall comply with the requirements of this chapter. Trees retained on site following development can be subtracted from the total required plantings.

§ 260-127 Green space.

A. 
Nonresidential site development and nonresidential site redevelopment. New developments shall designate a minimum of 15% of the total site area for green space. A minimum of 50% of the required green space shall be located along the street frontage with the most traffic and visibility. The fifty-percent requirement shall be located across the street from or adjacent to residentially zoned or used property. Stormwater retention areas when designed as rain gardens may be used to meet the green space requirement. When development or redevelopment occurs on existing sites the required green space may be reduced to 10% of the total site and the fifty-percent distribution requirements remain in effect.
B. 
Incentives for additional green space. In addition to the fifteen-percent minimum green space requirement, incentives are available for creating additional green space and/or adding landscaping to the site. For every five-percent increase in green space area, off-street parking requirements can be reduced by 10%. Thirty percent or greater green space provisions will allow up to a thirty-percent reduction in total parking spaces required.

§ 260-128 Screening.

A. 
Landscaping plan. Prior to approval of a building permit, a landscape plan and specification requirements shall be approved, including size of plantings, species and site location, as follows. Said landscape plan shall be developed with an emphasis upon the following areas:
(1) 
The boundary or perimeter of the proposed site adjoining other property.
(2) 
The immediate perimeter of the structure.
(3) 
The perimeter of parking and loading areas.
B. 
All landscaping incorporated in said plan shall conform to the following standards and criteria.
(1) 
All plants must at least equal the following minimum size:
(a) 
Evergreen tree: six feet in height.
(b) 
Canopy tree: 2 to 2 1/2 inches in caliper.
(c) 
Understory tree: six feet in height, 1 1/2 inches in caliper.
(d) 
Evergreen and deciduous shrubs: 18 inches in height; four feet at maturity.
(2) 
Spacing.
(a) 
Landscape material used for required screening shall consist of two rows of closely spaced, staggered evergreen plantings planted no more than 15 feet on center, which can be reasonably expected to form the required visual barrier measured at least six feet above ground level within three years of planting. A single row of evergreen screening planted 10 feet on center may be substituted if documentation is provided that insufficient room exists to plant a staggered double row. A single row of evergreen material shall provide a visual barrier measured at least six feet above ground level within three years of planting.
(b) 
Deciduous plant materials may be used, provided that the minimum required year-around opacity visual screen is maintained. Wherever screening is required adjacent to residentially zoned or used property, the screening shall be installed prior to the beginning of site grading and general construction, except where such activity would result in damage to the screening.
(3) 
Design.
(a) 
All exterior areas within the property lines (or beyond, if side grading extends beyond), not paved or designated as drives, parking or storage, must be at a minimum established with seed or sod.
(b) 
Newly established or created turf slopes in excess of 3:1 are prohibited unless approved by the Borough.
(c) 
All ground areas under the building roof overhang must be landscaped as described in this chapter.
(4) 
Landscape guarantee. All new plants shall be guaranteed for one full year from the time planting has been completed. All plants shall be alive and in satisfactory growth at the end of the guarantee period or shall be replaced.

§ 260-129 R-L and R-M lots.

Prior to issuance of a certificate of occupancy, one- and two-family dwelling lots shall have all yards started with seed or sod.

§ 260-130 R-H developments.

A. 
General site landscaping. In addition to the requirement in § 260-126, four shrubs shall be planted per dwelling unit. Shrubs used as required screening shall not be counted in meeting these requirements.
B. 
Privacy screen. Where multiple-family dwellings are designed so that rear open areas or patio areas front onto a public or private street, an eighty-percent opacity six-foot-high landscaped privacy screen shall be provided. The screen shall consist of a combination of trees, shrubs, berms and/or fences (no walls). Screening fences shall not be constructed of corrugated metal, corrugated fiberglass, sheet metal, chain link or wire mesh. Screening fences should be built with material compatible with that of the main building.

§ 260-131 Nonresidential uses.

A. 
General site landscaping. All developed portions of the site shall conform to the general landscaping requirements in § 260-126 except where screening is required.
B. 
Screening. A six-foot-high fence or landscaped screen, providing eighty-percent year-round opacity, shall be required wherever a nonresidential use abuts directly upon land zoned or used for residential purposes or is across an alley from land used or zoned for residential purposes. Berms may be used as part of the six-foot screen height but shall not be used to achieve more than three feet of the required height. Shrubs are to be planted along the outside of a fence or wall (except when adjacent to an alley) with a maximum spacing of five per 40 lineal feet. Screening fences and walls shall not be constructed of corrugated metal, corrugated fiberglass, sheet metal, chain link or wire mesh. Screening fences and walls should be built with material compatible with that of the main building.

§ 260-132 Parking lots.

A. 
All exposed parking areas of 10 or more required spaces in a front and side street yard shall be screened with landscaping not less than three feet or more than four feet in height. The landscaping shall maintain a year-round fifty-percent opacity.
B. 
When a parking lot is adjacent to or across an alley from a residential use or zone, the required screen height shall be increased to six feet.
C. 
A berm may be used as part of the screening for off-street parking, in which case the berm shall be no more than two feet in height. Landscaping on a berm shall maintain eighty-percent year-round opacity not less than three or more than four feet in height.
D. 
A four-foot-high wall or fence constructed of masonry, brick, wood or vinyl may be used for required screening. The area between the parking lot and a wall or fence shall be planted with grass or established with landscape material.
E. 
Screening fences and walls shall not be constructed of corrugated metal, corrugated fiberglass, sheet metal, chain link or wire mesh. Screening fences and walls should be built with material compatible with that of the main building. Screening fences and walls shall not be constructed of corrugated metal, corrugated fiberglass, sheet metal, chain link or wire mesh. Screening fences and walls should be built with material compatible with that of the main building.
F. 
Shrubs planted along the outside of a fence will have a maximum spacing of five per 40 lineal feet. Off-street parking facilities with internal parking rows of 20 or more spaces shall have landscaped islands at the ends of the rows. Landscaped islands shall be a minimum of six feet wide and extend the length of the parking row. The islands shall be contained within raised, curbed beds.
G. 
At least 50% of each interior landscaped area shall be covered by living plant material, such as sod, shrubs, ground cover or trees.
H. 
It is not the intent of this section to relieve a project from the installation of islands or peninsulas that are necessary to promote the safe and efficient flow of traffic, regardless of parking lot size.
I. 
No landscaping or screening shall interfere with driver or pedestrian visibility for vehicles entering, circulating or exiting the premises.

§ 260-133 Screening of equipment.

Ground-mounted mechanical equipment, such as air compressors, pool pumps, transformers, sprinkler pumps, air conditioners, and similar equipment, shall be screened on all sides except those facing a building. An eighty-percent opacity visual screen shall exceed the vertical height of the equipment being screened by at least six inches. A three-foot open area shall be maintained around such equipment to facilitate repairs. In residential districts, these screening requirements only apply to street-facing ground-mounted equipment.

§ 260-134 Installation and maintenance.

The following standards shall be observed where installation and maintenance of landscape materials are required:
A. 
Installation. Landscaping shall be installed in the manner recommended by the manufacturer. Wire and rope caging and nondegradable burlap around tree root balls shall be removed during planting. Landscaping along the perimeter shall be installed prior to construction, except where such landscaping would be destroyed during construction.
B. 
Protection from vehicles. Landscaping shall be protected from vehicles through use of curbs or wheel stops in parking lots. Landscape areas shall be elevated above the pavement to a height that is adequate to protect the plants from snow removal, salt and other hazards.
C. 
Seeding or sodding/off-season planting requirements. Lots or parcels shall be established with seed or sod prior to occupancy or property use. If development is completed during the off-season when plants cannot be installed, the owner shall provide a performance guarantee to ensure installation of required landscaping in the next planting season.
D. 
Maintenance. Landscaping required by this chapter shall be maintained in a healthy, neat, and orderly appearance, free from refuse and debris. A healthy, neat and orderly appearance includes proper pruning, regular mowing of lawns, and removal of all litter and the replacement of dead and unhealthy plant material. All unhealthy and dead plant material shall be replaced immediately upon notice from the Borough, unless the season is not appropriate for planting, in which case such plant material shall be replaced at the beginning of the next planting season.
E. 
Landscaping shall be maintained to ensure it does not encroach into adjoining properties or public right-of-ways. Encroachment includes both root systems and any plant material growth to eight feet above grade.
F. 
Maintenance of a required buffer plantings shall be the responsibility of the individual property owners or, if applicable, the homeowner's association.
G. 
All constructed or manufactured landscape elements, such as but not limited to benches, retaining walls, edging, and so forth, shall be maintained in good condition and neat appearance. Rotted, deteriorated, or damaged landscape elements shall be repaired, replaced, or removed. Replacement of landscape materials or plantings in a required buffer shall be consistent with the original screen design. All repair or replacement of plantings in a required buffer shall be done within 10 days of written notification from the Borough.

§ 260-135 Suggested and undesirable plant material.

A. 
All plant materials must meet the minimum standards set forth by the American National Standards Institute. Landscape species shall be indigenous or proven adaptable to the climate, but shall not be invasive species.
B. 
Landscape materials shall be tolerant of specific site conditions, including but not limited to heat, drought and salt.
C. 
Existing healthy plant material may be utilized to satisfy landscaping requirements, provided it meets the minimum plant sizes specified herein.

§ 260-136 Intent.

It is the intent of this article to authorize the use of signs whose types, sizes and arrangements are compatible with their surroundings, preserve the natural beauty of the area, protect existing property values in both residential and nonresidential areas, prevent endangering the public safety, express the identity of the community as a whole or individual properties or occupants, legible in the circumstances in which they are seen, and appropriate to traffic safety. These regulations are designed and intended to prevent over-concentration, improper placement and excessive height, bulk and area of signs.

§ 260-137 Permit requirements and application.

A. 
It is unlawful for any person to erect, construct, enlarge, alter, move or convert any sign in the Borough or cause the same to be done without first obtaining a sign permit for each sign.
B. 
Applications for a sign permit shall be made in writing to the Zoning Officer and shall be accomplished by such information as may be required to assure compliance with these regulations and all other appropriate ordinances and regulations of the Borough.
C. 
Sign permits shall be issued for the life of the sign or any shorter period as stated on the approved permit application. However, any permit may be revoked at any time by the Zoning Officer upon finding that the sign violates any provision of this article or that the permittee made false representations in securing the permit.
D. 
No person shall erect, construct or maintain any sign upon any property, structure or building without the prior written consent of the owner or person entitled to possession of the property, structure or building, or his authorized representative. The written consent must accompany the sign permit application.
E. 
Every sign permit issued shall become null and void if installation is not commenced within 180 days from the date of such permit.

§ 260-138 Types and classes.

[Amended 6-12-2019 by Ord. No. 982; 7-8-2020 by Ord. No. 990]
Signs in all zoning districts shall be categorized according to the types and classes described below and shall comply with the requirements for those types and classes described in this section.
A. 
Classes. Signs are classified by physical attributes into the following categories:
(1) 
Freestanding. A sign supported on a foundation or by one or more uprights, poles or braces permanently affixed to the ground and not attached to any building or other structure, including:
(a) 
Pole sign. A freestanding sign which is supported by one or more poles, uprights or braces and which has a minimum clearance between the bottom edge of the sign and the adjacent ground level as specified by this chapter.
(b) 
Ground sign. A freestanding sign which is affixed to the ground by means of a permanent foundation and which provides a maximum clearance of 18 inches between the bottom edge of the sign and the adjacent ground level.
(2) 
Wall. A sign or painting permanently attached to and erected parallel to the face of an outside wall of a building, projecting outward no more than six inches from the wall of the building.
(3) 
Bulletin. A type of changeable copy sign constructed to allow letters or symbols to be changed periodically, such as those used by churches and schools to announce events. The sign shall be a permanent installation.
(4) 
Roof sign. A sign erected and maintained permanently upon or above the roof of any building which projects no more than six feet above the roof.
(5) 
Overhanging. A sign, other than a wall sign, permanently affixed to a building or wall whose leading edge extends beyond such building or wall more than six inches.
(6) 
Billboard. An off-site sign which advertises goods or services unrelated to or not available on the premises where the sign is located. Billboard signs are permanently affixed to the ground and cannot be illuminated from within or otherwise be electronic message center signs.
(7) 
Changeable copy. A sign that is permanent and is designed so that characters, letters or illustrations can be changed or rearranged either manually or electronically without altering the face or surface of the sign. This definition excludes electronic message center signs.
(8) 
Indirectly illuminated. A sign which is lighted by means of lamps or lighting devices external to, and reflected on, the sign, which lighting is stationary and constant in intensity and color at all times and which is shielded so that the illumination is concentrated on the face of the sign, and there is no spillover of illumination or glare beyond the face of the sign.
(9) 
Internally illuminated. A sign which is lighted by means of lamps or lighting devices internal to the sign, which lighting is either behind the face of the sign or is an integral part of the sign structure and the advertising effect.
(10) 
Off-premises directional. A sign, other than a billboard, as defined herein, erected by a business, agency, organization or development located within the Borough, that directs vehicular traffic to an establishment, event, activity, product or service not sold, produced or available on the property on which the sign is located, but not including any directional signs erected by a governmental agency, which are exempt from these regulations.
(11) 
Electronic message center sign. Any sign that utilizes digital and/or computer- generated messages or some other electronic means of changing the sign display. These signs include displays using internal incandescent lamps, LEDs, LCDs or other similar types of technology.
(12) 
Portable signs. Any sign that is not securely and permanently affixed to the ground, which may have two faces, one on the front and one on the back, connected by a hinge in the middle. Also known as a "sandwich sign" or "A-frame sign."
B. 
Types. Signs are categorized by use, function or purpose into the following types:
(1) 
Residential identification. A sign containing only the name and address of the occupant of a dwelling.
(2) 
Home occupation or home office identification. A sign containing only the name and address of the occupant of the dwelling and their occupation.
(3) 
Notification. Signs bearing legal and/or property notices, such as no trespassing, private property, no turnaround, safety zone, no hunting and similar messages and signs posted by a governmental agency for traffic control or the safety of the general public.
(4) 
On-premises directional. A sign which directs and/or instructs vehicular or pedestrian traffic relative to parking areas, proper exits, loading areas, entrance points and similar information on the premises on which it is located.
(5) 
Business identification sign. A sign which contains the name, address and goods, services, facilities or events available on the premises.
(6) 
Temporary signs. A banner, flag, pennant or similar display constructed of durable material and affixed to the wall of a building or anchored to the ground, designed to withstand wind speeds of 50 miles per hours, which shall be maintained in a safe and good condition, without signs of deterioration.

§ 260-139 General regulations.

The following regulations shall apply to signs in all zoning districts.
A. 
Restricted signs. The following signs shall not be permitted in any zoning district.
(1) 
Signs located within or extending into any Borough right-of-way unless placed by a government entity.
(2) 
Roof signs.
(3) 
Signs illuminated by a flashing, pulsating or intermittent source.
(4) 
Signs with moving parts.
(5) 
Signs illuminated by strings of bare bulbs or lighted in such a manner as to cause glare on adjacent streets or properties.
(6) 
Signs that obstruct sight within a clear vision triangle.
(7) 
Signs that are distracting and can be perceived as confusing to motorists.
(8) 
Any sign determined to be unsafe or insecure or that is erected in violation of the provisions of this chapter.
(9) 
"A-frame" or sandwich board signs on private property, other than temporary signs as authorized by this chapter.
[Amended 6-12-2019 by Ord. No. 982]
(10) 
Portable or wheeled signs.
(11) 
Banners and pennants, other than temporary special event displays authorized by this chapter.
(12) 
Signs affixed to trees, utility poles, fences, equipment or official traffic control devices or signs.
(13) 
Signs on or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property or private property, other than temporarily for overnight storage on the site of a business or for maintenance, repair, loading, unloading or rendering a service at any location, which are visible from the public right-of-way and where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property.
B. 
Lots with multiple street frontage. In all zoning districts, lots fronting on more than one street shall be permitted to have one additional business identification wall sign which is authorized per lot on each street frontage.
C. 
[1]Notification signs. In all zoning districts, the number, location and size of legal notification signs erected by public agencies shall be in accordance with the laws of the commonwealth. In all zoning districts, legal notification signs posted on private property by property owners shall be limited to a surface area not exceeding two square feet. The placement and maximum number of signs permitted along road frontages shall be one sign for every 50 feet of road frontage.
[Amended 6-12-2019 by Ord. No. 982]
[1]
Editor's Note: Former Subsection C, Temporary signs, was repealed 6-12-2019 by Ord. No. 982. This ordinance also provided for the redesignation of former Subsections D through I as Subsections C through H, respectively.
D. 
Visibility. No sign shall be located in such a position that it will cause a hazard by obstructing visibility for traffic on a street or obscuring a traffic signal or other traffic control device. No sign, other than official traffic signs, shall hang over or be erected within the right-of-way of any street.
E. 
Illumination. Illumination, when authorized by this chapter, shall be directed upon the sign face and not towards adjoining properties or streets. Flashing or oscillating signs shall not be permitted. Lighting shall be stationary and constant in intensity and color at all times. The intensity of any source of illumination of any sign, whether indirect or internal, shall be controlled so as to not create glare and to be compatible with the intensity of ambient light and illumination on surrounding properties.
F. 
Maintenance and inspection. All signs must be constructed of a durable material and maintained in good condition. Any sign found to be in an unsafe condition upon inspection shall be declared to be a public nuisance, and the Zoning Officer shall give notice to the owner in writing to repair or remove the sign within 10 days. Upon failure of the owner to comply, the Borough shall remove the sign at the owner's expense.
G. 
Removal of signs. Whenever any business is discontinued or vacated, all signs relating to the discontinued or vacated business shall be removed within 30 days of the vacation or discontinuance of the business. Upon failure of the owner to comply, the Borough shall remove the sign at the owner's expense.
H. 
Permits required. No permit shall be required for the following types of signs: temporary, notification, residential identification and directional signs. Permits for all other signs shall be required. The Zoning Officer shall issue the required permits upon submission of an application which complies with all applicable provisions of this chapter and payment of the required fee established from time to time by resolution of Borough Council.
[Amended 6-12-2019 by Ord. No. 982]

§ 260-140 Signs authorized in all zoning districts.

[Amended 6-12-2019 by Ord. No. 982]
The following signs are authorized in all zoning districts:
A. 
One bulletin sign, which is nonilluminated or indirectly or internally illuminated and which does not exceed 24 square feet in surface area, shall be permitted in connection with any church, school, library or similar public or semipublic building.
B. 
One nonilluminated temporary sign shall be permitted on the premises of a property that is listed for sale or lease or is actively being developed, provided the surface area of the sign shall not exceed six square feet in any residential zoning district or 12 square feet in any other zoning district. Such signs shall be removed within 10 days of the sale, lease or completion of development of the property.
C. 
One nonilluminated temporary sign shall be permitted on the premises of a property wherein contractors or artisans are performing work. Said signs shall be permitted on the property, provided the sign shall not exceed 12 square feet in area and shall be removed immediately upon completion of the work.
D. 
One nonilluminated temporary sign shall be permitted to be erected on the face of a public building, church or building housing a nonprofit organization, when said location is hosting an event, provided that the area of the sign shall not exceed 40 square feet, and provided the sign is displayed for a period no longer than 15 days and is removed within five days following the event. The person operating the event may place, upon consent of the property owner, two off-site temporary signs.
E. 
Placement of temporary signs during elections or political campaigns.
(1) 
Temporary signs on public property. Signs may be posted on public property located within the Borough within 30 days of the date of a special election, primary election, municipal, state or federal election, or any other election, subject to the following general requirements:
(a) 
Number of signs. No more than one sign shall be placed on public property at any intersection of roads or streets by any one person or organization nor shall signs be placed by the same person or organization within 50 feet of each other.
(b) 
Area. Signs on public property shall not exceed an aggregate gross surface area of six square feet, as measured from the base of the sign or grade of the nearest adjacent roadway, whichever is higher.
(c) 
Height. Signs shall not project higher than four feet, as measured from the base of the sign or grade of the nearest adjacent roadway, whichever is higher.
(d) 
Timing. Signs may be erected or maintained for a period not to exceed 30 days prior to the date of the election and shall be removed within three days following the termination of the election.
(e) 
Illumination. Signs shall not be illuminated in any manner.
(f) 
Posting of a cash bond. Prior to any person, firm or corporation placing a sign pursuant to this subsection within the confines of any public right-of-way within the Borough, there shall be posted with the Borough Manager a cash bond in the amount of $100.
(g) 
Required information. At the time of the posting of the cash bond, there shall be submitted to the Borough, on a form supplied by the Borough, the following information:
[1] 
The name and address of a person who is placing the signs and the name and address of the person who will be responsible for the removal of each sign.
[2] 
The date when the signs will be removed.
(h) 
Required consent of the Borough for the placement of sign on public rights-of-way or public property pursuant to this subsection. The Borough reserves the absolute right to deny a request to post a sign on public property or to require the removal of any such sign at any time whenever such sign poses a threat to the public's safety, health and welfare. Specific prohibitions include, but are not limited to, the following:
[1] 
Signs shall be prohibited within five feet of the edge of the paved surface of any road or street within the Borough.
[2] 
Signs shall be prohibited along any road or street within the Borough where it would obstruct the clear sight distance of the traffic.
(i) 
Return of bond. If the sign is removed within three days after the date when it was declared to the Borough that it would be so removed, the cash bond shall be refunded to the person or organization responsible for posting that bond.
(j) 
Forfeiture of bond. If the signs are not removed within three days after the date when it was declared to the Borough that they would be so removed, the posted cash bond as required by this section shall be forfeited to the general fund of the Borough in an amount of $5 per sign as the cost to the Borough to remove the signs.
(2) 
Temporary signs on private property during time of election. Signs posted on private property located within the Borough within 30 days of the date of a special election, primary election, municipal, state or federal election, or any other election, subject to the following general requirements:
(a) 
Number of signs. No more than one sign shall be placed on private property per item on the ballet of the applicable election.
(b) 
Area. Signs on private property shall not exceed an aggregate gross surface area of six square feet, as measured from the base of the sign or grade of the nearest adjacent roadway, whichever is higher.
(c) 
Height. Signs shall not project higher than four feet, as measured from the base of the sign or grade of the nearest adjacent roadway, whichever is higher.
(d) 
Timing. Signs may be erected or maintained for a period not to exceed 30 days prior to the date of the election and shall be removed within three days following the termination of the election.
(e) 
Illumination. Signs shall not be illuminated in any manner.
(f) 
Posting of a cash bond. Prior to any person, firm or corporation placing a sign pursuant to this subsection upon or within any private property within the Borough, there shall be posted with the Borough Manager a cash bond in the amount of $100.
(g) 
Required information. At the time of the posting of the cash bond, there shall be submitted to the Borough, on a form supplied by the Borough, the following information:
[1] 
The name and address of a person who is placing the signs and the name and address of the person who will be responsible for the removal of each sign.
[2] 
The date when the signs will be removed.
(h) 
Required consent of the property owner prior to the placement of signs on private property. The property owner reserves the absolute right to deny a request to post a sign on private property or to require the removal of any such sign at any time whenever such sign poses a threat to the public's safety, health and welfare. The Borough also reserves the absolute right to restrict the placement of any sign upon or within private property if the same violates any of the restrictions set forth in this chapter, including, but not limited to, the following prohibitions:
[1] 
Signs shall be prohibited within five feet of the edge of the paved surface of any road or street within the Borough.
[2] 
Signs shall be prohibited along any road or street within the Borough where they would obstruct the clear sight distance of the traffic.
(i) 
Return of bond. If the sign is removed within three days after the date when it was declared to the Borough that it would be so removed, the cash bond shall be refunded to the person or organization responsible for posting that bond.
(j) 
Forfeiture of bond. If the signs are not removed within three days after the date when it was declared to the Borough that they would be so removed, the posted cash bond as required by this section shall be forfeited to the general fund of the Borough in an amount of $5 per sign as the cost to the Borough to remove the signs.
(3) 
Violations and penalties. Any person who shall be convicted of a violation of any of the provisions of this subsection before a Magisterial District Judge having jurisdiction shall be sentenced to pay a fine of not more than $300 together with the costs of prosecution, or to imprisonment in the county jail for a term not to exceed 30 days, or both.
F. 
One nonilluminated identification sign shall be permitted at the location of an approved home occupation or home office, provided that the surface area of the sign does not exceed one square foot.

§ 260-141 Signs authorized in residential zoning districts.

The following signs shall be permitted in all residential zoning districts:
A. 
Residential plan. One nonilluminated or indirectly illuminated permanent wall or freestanding ground sign located at a residential plan for identification and address purposes, which shall not exceed 12 square feet in area. The sign may be affixed to a freestanding decorative wall, rather than to a building wall, provided that the decorative wall meets all applicable ordinance requirements and does not obstruct visibility for traffic entering or leaving the plan. Any such sign which is proposed to be located in a public right-of-way shall be subject to permission from the owner of the right-of-way and assignment of responsibility for maintenance of the sign to the developer or a homeowners' association.
[Amended 6-12-2019 by Ord. No. 982]
B. 
One nonilluminated or indirectly illuminated wall or freestanding ground identification sign for any nonresidential use, other than a home occupation, authorized by special exception in a residential zoning district, which shall not exceed 12 square feet in area.
C. 
One nonilluminated or indirectly illuminated wall or freestanding ground sign dentifying a lawfully maintained nonconforming use in a residential zoning district, which shall not exceed 12 square feet in area.
[Amended 6-12-2019 by Ord. No. 982]

§ 260-142 Signs authorized in commercial and industrial districts.

[Amended 6-12-2019 by Ord. No. 982; 7-8-2020 by Ord. No. 990]
The following signs shall be permitted in all commercial and industrial districts:
A. 
Directional signs. On lots with areas less than one acre, a maximum of four nonilluminated or indirectly illuminated directional signs, each of which shall not exceed four square feet in area, shall be permitted. On lots with areas of one acre or more, a maximum of six nonilluminated or indirectly illuminated directional signs, each of which shall not exceed four square feet in area, shall be permitted on the first acre. For each additional acre or fraction thereof over one acre, two additional directional signs shall be permitted.
B. 
Changeable copy signs. In addition to the authorized business identification signs, one nonilluminated or internally illuminated changeable copy sign shall be permitted per lot, regardless of the number of businesses on the lot, which shall not exceed 30 square feet in area and which shall be permanently affixed to the wall of the building or to the supporting structure of an authorized freestanding sign on the lot.
C. 
General signage requirements.
(1) 
Wall signs. Each business establishment shall be permitted to have wall signs which may be illuminated or nonilluminated. The aggregate area of all wall signs shall not exceed two square feet for each lineal foot of width of the street-facing wall of the building or portion of the building occupied by the business.
(2) 
Ground signs. In addition to the wall signs, one freestanding ground sign shall be permitted per lot, regardless of the number of businesses on the lot, provided that:
(a) 
No freestanding pole sign exists or is proposed to be erected on the lot.
(b) 
The maximum surface area of the ground sign shall not exceed 24 square feet.
(c) 
The height and location of the sign shall be designed so as to not interfere with visibility for vehicular traffic entering or leaving the lot or traveling on any street.
(d) 
Ground signs shall be nonilluminated or indirectly illuminated only. Internally illuminated ground signs shall not be permitted.
(e) 
No portion of any ground sign shall be located closer than 10 feet to any curb or, if there is no curb, to the edge of paving of a public street.
(f) 
Ground signs are not permitted if a pole sign or roof sign is present.
(3) 
Pole signs. In addition to the authorized wall signs, one freestanding pole sign shall be permitted per lot, regardless of the number of businesses on the lot, provided that:
(a) 
No freestanding ground sign exists or is proposed to be erected on the lot.
(b) 
The property has a minimum of 100 feet of frontage on a public right-of-way.
(c) 
The pole sign shall be nonilluminated, indirectly illuminated or internally illuminated.
(d) 
The maximum height of the top of the pole sign shall be 20 feet.
(e) 
The minimum height of the bottom edge of the pole sign shall be eight feet.
(f) 
The maximum size of the freestanding pole sign shall not exceed 64 square feet and neither dimension of such sign shall be less than six feet.
(g) 
No portion of any pole sign shall project over any public right-of-way.
(h) 
No portion of any pole sign shall be located closer than 10 feet to any curb or, if there is no curb, to the edge of paving of a public street.
(i) 
Pole signs are not permitted if a ground sign or roof sign is present.
(4) 
Overhanging signs. In addition to authorized wall signs, one overhanging sign, hanging from a horizontal pole or structural element of the building, with said sign being permanently affixed to said pole or structural element of the building (hanging from a metal chain or bolted, with said hanging devices being sufficient to hold the sign and withstand substantial wind), provided that:
(a) 
No freestanding ground or pole sign exists or is proposed to be erected on the lot.
(b) 
The property has frontage on a public right-of-way.
(c) 
The sign shall be nonilluminated, indirectly illuminated or internally illuminated.
(d) 
The maximum height of the top of the sign shall be 15 feet.
(e) 
The minimum height of the bottom edge of the pole sign shall be seven feet, unless the applicant can show that the sign is not above the sidewalk or is in such a position that it is not in danger of being struck by a passing pedestrian, on foot, bicycle, or other mode of transportation.
(f) 
The maximum size of the sign shall not exceed four square feet and neither dimension of such sign shall be less than six feet.
(g) 
No portion of any pole sign shall project over or be within two feet of the curb, or if there is no curb, the edge of paving of a public street.
D. 
(Reserved)
E. 
Off-premises directional signs. A maximum of four off-premises directional signs shall be permitted to be erected by any business or organization located within the Borough, with the following restrictions:
(1) 
The off-premises directional sign shall be located only along an arterial or collector street, as defined herein. The maximum number of signs located at any intersection or at any other individual location along the arterial or collector street shall be four signs.
(2) 
The off-premises directional signs shall be nonilluminated and shall not exceed six square feet in surface area. Such signs shall be permitted in the public right-of-way only if permission is granted by the owner of the right-of-way and, if the owner of the right-of- way is Westmoreland County or PennDOT, the applicable permit is obtained for the use of the right-of-way. Evidence of permission from the landowner in the form of a lease agreement or notarized statement shall be required for signs that are proposed to be erected on property owned by an owner other than the owner of the business or organization the sign is intended to serve.
(3) 
Signs located outside the public right-of-way shall be located no closer than 10 feet to the edge of the right-of-way and no closer than 15 feet to the edge of the cartway if the right-of-way is not contiguous with the lot line. The sign shall comply with the requirements of § 260-139E regarding visibility at intersections.
(4) 
A permit shall be required for such off-premises directional signs and shall be renewable annually by the Zoning Officer upon a determination of compliance with these regulations.
F. 
Portable signs. Portable signs shall be permitted as of right on properties that are located in the C-B-R. C-H and I Zone Districts or are otherwise occupied by a commercial property use. A maximum of two portable signs may be placed on a lot, so long as they are at least 30 feet apart, as follows:
(1) 
The sign shall be located on private property and off the public right-of-way and shall not obstruct vehicular or pedestrian traffic on any parking spot, handicap ramp, street, alley, curb, sidewalk or similar improvement.
(2) 
The sign may have a maximum surface area of six square feet, per face.
(3) 
The sign may not be illuminated, whether internally, externally or in any other manner.
(4) 
The sign shall be durable, weatherproof, and sturdy and shall not be in a state of disrepair.
(5) 
If the sign is for off-site advertising, the person placing the sign on that property must have the written consent of the property owner.
(6) 
If the sign is for on-site advertising, it shall only be displayed during the site's hours of operation. If it is for off-site advertising, it shall only be displayed from the hours of 7:00 a.m. through 9:00 p.m.
(7) 
Signs shall be removed from display during high wind weather events and under other circumstances were the sign could pose a threat to the health, safety and welfare of the public at large.
(8) 
Failure to abide by the regulations herein concerning portable signs shall result in the confiscation of signs. Signs may be released to the owner upon payment of an administration, storage and recovery fee. Said fee shall be in an amount as established, from time to time, by the Borough of Irwin Council by way of Resolution.
[Amended 7-14-2021 by Ord. No. 995]

§ 260-143 Billboard signs.

Billboards may be permitted only as a special exception when approved by the Zoning Hearing Board after submission in accordance with the procedures specified in this chapter and provided that all of the following requirements are met:
A. 
Location. Billboards shall not be erected on any property within a residential zoning district or within 500 feet of the property line of any public or private school property, measured along the highway frontage of the street or highway on which the billboard is located from a point on the center line of the street or highway which is perpendicular to the centermost point of the billboard structure and parallel to the front lot line of the lot on which the billboard is located. Billboards may be erected within 400 feet of the center line (measured horizontally) of Pennsylvania Route 30.
(1) 
The minimum side and rear yard requirements applying to a principal use as set forth within the zoning district in which the billboard is to be located shall apply to each billboard structure, except that where the yard adjoins a residential zoning classification the minimum required yard shall be 100 feet.
(2) 
The maximum lot coverage as specified for the zoning district in which the billboard is to be located shall apply to any lot upon which a billboard structure is located and shall be cumulative, including any other structures and buildings on the same lot therewith.
(3) 
No billboard shall be erected in such a manner as to block the view from the road or street of any existing business sign, residential or nonresidential structure, or limit or reduce the light and ventilation requirements under the Borough Building Code.[1]
[1]
Editor's Note: See Ch. 110, Construction Codes, Uniform.
(4) 
No part of any billboard shall be located closer than 10 feet to any street right-of-way.
(5) 
No billboard shall be constructed within the clear sight triangle of the public street on which it is situated and shall not in any case obstruct or impede traffic safety.
(6) 
Billboards shall not be mounted on the roof, wall or other part of a building or any other structure.
B. 
Size and height. A billboard shall have a maximum allowable gross surface area of 750 square feet per sign face. A billboard shall have a maximum of two sign faces per billboard structure. However, the gross surface area of each sign face shall not exceed the 750 square foot maximum.
(1) 
The billboard structure may have sign faces placed back to back or in a V-shaped configuration on a single billboard structure.
(2) 
The billboard's gross surface area shall not exceed 20 feet in total height or 60 feet in total length.
(3) 
A billboard structure shall have a maximum height of 40 feet above the curb of the street from which they are intended to be viewed. However, the height of a billboard structure oriented to a depressed street shall be measured from the grade at the base of the billboard.
C. 
Construction methods. Billboards shall be constructed in accordance with applicable provisions of the Borough of Irwin Building Code[2] and in addition:
(1) 
A billboard structure shall have a maximum of one vertical support, being a maximum of three feet in diameter or width and without bracing or vertical supports.
(2) 
The one vertical support shall be capable of enabling the entire sign face to be able to withstand a minimum sixty-mile-per-hour wind load.
(3) 
A billboard sign face shall be independently supported and have vertical supports of metal which are galvanized or otherwise treated to prevent rust and corrosion.
(4) 
The entire base of the billboard structure on the side of the sign face shall be permanently landscaped with suitable shrubbery and/or bushes of minimum height of three feet placed in such manner as to screen the foundation of the structure.
(5) 
Landscaping shall be maintained by the sign owner in an attractive and healthy manner in accordance with accepted conservation practices.
(6) 
Permanent landscaping shall form a base and/or backdrop to the billboard sign when practical in the opinion of the Zoning Officer.
(7) 
A billboard with display lighting shall be constructed so that it does not glare upon adjoining property and shall not exceed a maximum of 1.5 footcandles upon the adjoining property.
(8) 
Display lighting shall not operate between 12:00 midnight and 5:00 a.m., prevailing local time.
(9) 
No billboard structure, sign face, or display lighting shall move, flash or emit noise. No display lighting shall cause distractions, confusion, nuisance or hazard to traffic, aircraft or other properties.
(10) 
The use of colored lighting is not permitted.
[2]
Editor's Note: See Ch. 110, Construction Codes, Uniform.
D. 
Maintenance.
(1) 
A billboard structure shall be entirely painted every three years.
(2) 
Every 10 years, the owner of the billboard shall have a structural inspection made of the billboard by a qualified Pennsylvania-registered engineer or architect and shall provide to the Borough a certificate from the engineer or architect certifying that the billboard is structurally sound.
(3) 
Annual inspections of the billboard shall be conducted by the Borough to determine compliance with the provisions of this chapter.
(4) 
Billboards found to be in violation of this chapter shall be brought into compliance or removed within 30 days upon proper notification by the Borough.
(5) 
Billboards using removable paper or other materials shall be maintained in such condition as to eliminate loose or frayed material protruding or hanging from the structure.
E. 
Permits. Special exception approval for a billboard shall be valid for six months from the date of action by the Zoning Hearing Board granting the special exception. If the applicant fails to obtain a building permit for the billboard within the six-month period, special exception approval shall automatically expire without notice to the applicant.

§ 260-144 Electronic message center signs.

[Amended 7-8-2020 by Ord. No. 990]
Electronic message center signs shall be a secondary or accessory use to a nonresidential structure, with said sign being constructed primarily for on-site advertisement. A secondary purpose for the sign may be use for off-site advertisements. Primary is defined as 51% of the images being displayed over the course of the desired cycle be for advertising activities conducted on-site.
A. 
Electronic message center signs shall only be located in the C-B-R, C-H and I Zone Districts.
B. 
Messages shall not change at a frequency of more than once every seven seconds (time, temperature and date signs may change more frequently, but must do so on a separate portion of the changeable copy area of the sign). The time interval used to change from one complete message to another complete message or display shall be a maximum of one second. There shall not be any appearance of a visual dissolve or fading in which any part of one electronic message or display appears simultaneously with any part of a second message or display. There shall be no appearance of flashing or sudden bursts of light and no appearance of animation, movement or flow of the message. Lighting shall be constructed so that it does not glare upon adjoining residential properties and shall not exceed a maximum of 1.5 footcandles upon the adjoining residential property.
C. 
An electronic message display board that has a display area of only a single line is permitted to alternate between a display of time and a display of temperature, or to alternate between a display of a message and a display of time and temperature. Each of the lines of an alternating display may have a maximum of 30 characters, including all letters, numbers, spaces or other symbols. The content of a single-line display that alternates between a display of time and a display of temperature may be changed at each alternation and may alternate at time periods of not less than two seconds.
D. 
An electronic message center sign shall not be larger than 24 square feet, and must comply with all regulations that apply to the manner in which the sign is affixed to the property, such as a freestanding, wall, roof, hanging or other type of sign.
E. 
Electronic message center signs for properties adjacent to residentially zoned parcels housing residential structures may only operate between the hours of 6:00 a.m. and 12:00 midnight.

§ 260-145 Intent.

It is the intent of article to permit legal nonconforming lots, structures or uses to continue until they are removed. Nonconforming uses are not encouraged to survive.

§ 260-146 Nonconforming use limitations.

A. 
It is recognized that there may exist within the districts established by this chapter, and subsequent amendments, lots, structures, signs and uses of land and structures which were lawful before this chapter was passed or amended which would be prohibited, regulated or restricted under terms of this chapter to be incompatible with permitted uses in the districts involved.
B. 
It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
C. 
Nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently conducted.

§ 260-147 Nonconforming lots.

In any zoning district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of this chapter or any subsequent amendment. This provision shall apply even though such lot fails to meet the requirements for area and/or width that are generally applicable in the district, provided that the yard dimensions and other requirements not involving area and/or width of the lot shall conform to the regulations for the district in which such lot is located. When an unimproved lot exists and a work permit for improvement is requested, it must comply and conform to the clearly prevailing setback, parking, signage and other exterior patterns of the ordinances of the district.

§ 260-148 Nonconforming structure used for permitted use.

In any zoning district in which nonconforming structures exist, the nonconforming structure may conform its uses to comply with the surrounding structures' uses. Nonconforming structures can be classified as permitted uses after they have met the following criteria:
A. 
The nonconforming structure's proposed use shall be subject to all regulations of the district in which it is located.
B. 
The nonconforming structures must provide adequate off-street parking.
C. 
The nonconforming structures must provide a reasonable egress and ingress to limit or prevent the creation of hazardous traffic conditions in the vicinity in which the nonconforming use is situated.
D. 
The nonconforming structure shall not impose hazardous health and safety conditions within the district through emission of hazardous waste materials, creation of loud noises, and other nuisances.

§ 260-149 Nonconforming use of structure or land.

No land within any district will retain a nonconforming status once a structure is demolished or transformed to meet the regulations of the structures of the district. The land and usage of the land shall no longer be nonconforming.

§ 260-150 Nonconforming signs.

A nonconforming sign shall not be altered, enlarged or reconstructed unless the reconstruction, alterations and enlargements comply with the current regulations.
A. 
Repairs and maintenance. Normal maintenance of nonconforming signs shall be permitted. Normal maintenance consists of painting of chipped or faded signs, replacement of faded or damaged surface panels, or repair or replacement of electrical wiring or electrical devices.
B. 
Nonconforming changeable copy signs. The sign face or message on a nonconforming changeable copy sign or nonconforming bulletin board sign may be changed, provided that the change does not create any greater nonconformity.
C. 
Substitution. No nonconforming sign shall be replaced with another nonconforming sign. However, the panel containing the message may be replaced with a different message without affecting the legal nonconforming status of a sign, provided that the sign structure or frame is not altered.

§ 260-151 Burden of establishing nonconforming status.

Nonconforming status is established for any structure or land usage when the structure and land usage does not comply with the regulations of the zoning district. In order for a structure to be established as a nonconforming structure it must have existed before the land ordinances and/or amendments to the land ordinances were adopted.
A. 
Structural alteration. A nonconforming structure may be enlarged or structurally altered, provided the enlargement or alteration does not encroach any further into a required yard than the existing nonconforming structure does, and further provided that no new nonconformities are created.
[Amended 8-14-2019 by Ord. No. 983]
B. 
Damage or destruction. In the event a structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed by any means to an extent that the replacement cost is more than 40% of the insured value of the entire structure, exclusive of foundation, it shall be reconstructed only in conformity with the regulations for the district in which it is located. Moreover, no repairs or restoration shall be permitted unless a building permit is obtained, and restoration or repairs shall not be permitted unless a building permit is obtained and restoration actually begun within 12 months of the date of such partial destruction and is diligently pursued to completion.
C. 
Moving. Should a nonconforming use of land or structure be moved, in whole or in part, for any reason for any distance, it shall thereafter conform to the regulations for the district in which it is located after being moved.
D. 
Change. A nonconforming use which is hereafter discontinued for any reason and remains such for a continuous period of one year shall not thereafter be reestablished. Such location shall thereafter be occupied by a use which conforms to the regulations for the district in which it is located. For the purpose of this chapter, "discontinuance" shall be defined as the removal of inventory or equipment from the premises, ceasing of all business activity and/or failure to renew required licenses.
E. 
Nonconforming accessory use. A nonconforming accessory use shall not continue to remain after the principal use to which it is an accessory use has been destroyed, relocated, abandoned or discontinued.

§ 260-152 Standards for all special exceptions.

The following basic standards shall apply to all special exceptions in any district.
A. 
The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its site layout and its relation to streets giving access to it shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection with it will not be hazardous or inconvenient to the predominant character of the district or be incongruous therewith or conflict with the normal traffic on the streets thereof, both at the time and as the same may be expected to increase with any prospective increase in the population and area development, taking into account, among other things, convenient routes of pedestrian traffic, particularly of children; relation to main traffic thoroughfares and to street intersections; turning movements in relation to vehicular flow; and the general character and intensity of development of the district.
B. 
The location and height of buildings; the location, nature and height of walls and fences; display of signs in connection with the use; and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of affected and/or adjacent land and buildings or ground that is an integral part of the operation.
C. 
The nature, location, size and site layout of the use shall be such that it will be a harmonious part of the district in which it is situated, taking into account, among other things, prevailing shopping habits, convenience of access by prospective patrons, the physical and economic relationships of one type of use to another and characteristic groupings of uses in the district.
D. 
The location, size, intensity and site layout of the use shall be such that its operations will not be a nuisance or be objectionable to nearby dwellings by reason of vibration, noise, fumes, lights or pollution of any type or be hazardous to a greater degree than is normal with respect to the proximity of other uses.
E. 
In the event that special exception requirements conflict with any other municipal land use requirement, the more restrictive shall apply.

§ 260-153 Standards applicable to specific special exceptions.

The following special exceptions have additional requirements as stated in the following:
A. 
Church (or temple, synagogue or mosque), provided the building delegated for religious purposes has access from the frontage to a major highway, primary or secondary street as classified in this chapter.
B. 
Funeral homes and mortuaries, provided the home shall have its access from the frontage to a major highway or primary or secondary street as classified in this chapter.
C. 
Cemeteries may be allowed by special permit in the designated zones. All required setbacks shall be maintained as landscaped or open space areas. Additional setback or screen requirements may be required to minimize impacts on adjacent properties.
D. 
A conversion dwelling will be allowed, provided the following are provided:
(1) 
Adequate off-street parking is provided as required in this chapter.
(2) 
The conversion complies with all applicable Fire and Building Code requirements.
(3) 
There shall be no more than one dwelling unit in conversion in accordance with Article XIII.
E. 
A bed-and-breakfast facility must adhere to the following conditions:
(1) 
The individual or family who operates the facility must occupy the house as his or its primary residence. The house must be at least five years old before a bed-and-breakfast facility is allowed.
(2) 
A maximum of five bedrooms may be occupied by guests.
(3) 
Nonresident employees for such activities as booking rooms and food preparation are permitted if approved as part of the conditional use review. Hired service for normal maintenance, repair and care of the residence or site, such as yard maintenance, may also be approved. The number of employees and the frequency of employee auto trips to the facility may be limited or monitored as part of a conditional use approval.
(4) 
Serving alcohol and food to guests and visitors is allowed. The proprietor may need Pennsylvania Liquor Control Board approval to serve alcohol at a bed-and-breakfast facility.
(5) 
Commercial meetings, including luncheons, banquets, parties, weddings, meetings, charitable fund-raising, commercial or advertising activities, or other gatherings for direct or indirect compensation, are prohibited.
F. 
Car washing and detailing facilities must adhere to the following conditions:
(1) 
All automated washing facilities shall be in a completely enclosed building. All other car washing facilities shall be under a roofed structure which has at least two walls.
(2) 
Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets or other property.
(3) 
A stacking area shall be required on the lot for automobiles, accessible to the end of the washing equipment. Such stacking area shall be able to accommodate the number of vehicles equal to the maximum hourly processing capability of the aforesaid vehicular wash.
(4) 
Such information shall be provided to the Borough as part of the application for the special exception.
G. 
Construction, remodeling contractor, lumber facility must adhere to the following conditions:
(1) 
No outside storage of construction equipment is permitted except in an enclosed building.
(2) 
There shall be three off-street parking spaces for each four employees on the largest shift or one off-street parking space for every 250 square feet of gross floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.
H. 
All drive-through facilities must meet the following:
(1) 
Service areas and stacking lanes must be set back five feet from all lot lines.
(2) 
All driveway entrances, including stacking lane entrances, must be at least 50 feet from an intersection; the distance is measured along the property line from the junction of the two street lot lines to the nearest edge of the entrance.
(3) 
Stacking lanes must be designed so that they do not interfere with parking and vehicle circulation.
(4) 
All stacking lanes must be clearly identified through the use of means such as striping, landscaping and signs.
I. 
Garden dwelling. Garden dwellings may be authorized by the Zoning Hearing Board as a special exception upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, has been established by the applicant:
(1) 
The minimum gross land area of the development site shall be three acres.
(2) 
All new garden apartment developments shall have a minimum of two vehicular entrances if over 50 units are proposed.
(3) 
The maximum density (dwelling units per acre) shall be eight units per gross acre.
(4) 
Building height. No garden apartment shall have a height greater than three habitable stories.
(5) 
Principal buildings having dwelling units above the second story shall be provided with elevators.
(6) 
Building length. No building shall have a length or a width greater than 300 feet.
(7) 
Garages shall not front on arterial or collector roads.
J. 
High-rise residential building. High-rise residential buildings may be authorized by the Zoning Hearing Board as a special exception upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, has been established by the applicant:
(1) 
The minimum gross land area of the development site shall be three acres.
(2) 
All new high-rise developments shall have a minimum of two vehicular entrances if over 50 units are proposed.
(3) 
The maximum density (dwelling units per acre) shall be 20 units per gross acre.
(4) 
Building height. No high-rise residential buildings shall have a height greater than seven habitable stories.
(5) 
Principal buildings having dwelling units above the second story shall be provided with elevators.
(6) 
Garages shall not front on arterial or collector roads.
K. 
Scrap processing operations and salvage yards may be allowed by special permit in the designated zoning district, and enclosed disassembly operations may be allowed by special permit under the following conditions:
(1) 
Construction and operation shall comply with all state and federal environmental and safety codes or requirements.
(2) 
Receiving areas for salvage material shall be designed to avoid the depositing of salvage material outside a building or outside screened storage areas.
(3) 
Scrap processing operations and salvage yards shall contain a minimum of two acres, except that the site may be as small as 20,000 square feet where the site abuts one or more existing scrap processing or salvage yards that exceed two acres in total.
(4) 
Salvage material kept outside a building or buildings shall not be located closer than 500 feet from any entrance corridors, except where existing land forms completely obstruct the view by the traveling public of the salvage material.
(5) 
Salvage material kept outside a building or buildings shall not be located in the front yard.
(6) 
Salvage materials may be stored in enclosed semitrailers, provided that the semitrailers are properly licensed and are operable to be drawn by a motor vehicle upon the streets and highways of the State of Pennsylvania, and the semitrailer shall not be located in the front yard. Where the side yard or rear yard of the salvage yard abuts a residential district, the semitrailers shall be located at least 20 feet from the respective side lot line or rear lot line and the openings to the trailer shall not face the residential district.
L. 
Laundromat.
(1) 
Public sewer and public water facilities shall be utilized.
(2) 
All activities shall be conducted within a completely enclosed building.
(3) 
Any exhaust ventilation equipment shall be directed away from adjoining residentially zoned property.
M. 
Any methadone or drug maintenance or treatment facility shall also meet the following requirements:
(1) 
The building shall be a minimum of 500 feet in any direction from any residential dwelling, including any multifamily dwelling or structure, and any public park property.
(2) 
The building shall be a minimum of 1,000 feet in any direction from any school property, church property, preschool property, child day-care center or facility, or senior citizen facility and nursing home property.
(3) 
The building shall be a minimum of 2,500 feet in any direction from any other methadone or drug maintenance or treatment facility.
(4) 
In measuring compliance with requirements of Subsection M(1) through (3), any uses or building located in adjacent municipalities shall be considered.
(5) 
The building shall be located within 1,000 feet of a public transit stop.
(6) 
The hours of any such facility shall be limited to 7:00 a.m. to 5:00 p.m.
N. 
Mobile home parks may be allowed by special permit exception in the R-H District, if served by public water and public sewerage systems, under the following conditions:
(1) 
The mobile home park has a minimum site area of 10 acres.
(2) 
Twenty-five feet shall be maintained between mobile homes and between mobile homes and buildings in all horizontal directions.
(3) 
No mobile home shall be located closer than 50 feet to any exterior property line, except when the mobile home is located adjacent to a trailer park or another mobile home park.
(4) 
Land within said fifty-foot exterior open space shall be permanently landscaped in accordance with the landscape design standards, except for the necessary paving of roadways and walkways to reach the mobile home area; provided, however, such landscaping shall not create a traffic hazard by impairing visibility at street and roadway intersections.
(5) 
Mobile homes within the mobile home park shall be required to have a setback of at least 20 feet from the pavement of private roadways.
(6) 
The design and construction or installation of roadways, walkways, parking spaces, utilities, drainage facilities, storage facilities, recreational facilities, landscaping and other improvements shall comply with the written design standards.
(7) 
Every manufactured mobile home shall be supported on a permanent four-inch-thick reinforced concrete manufactured mobile home pad or foundation at least the complete width of the home, with a minimum of 840 square feet; all areas between the manufactured mobile home and ground shall be enclosed by a fire-resistant skirting.
(8) 
In the event the soil or topographic conditions of the proposed manufactured mobile home park are such that other foundations or support are appropriate, and the developer provides to the Building Inspector a report by a certified engineer that piers are equal to or superior to the specifications as set forth by the manufacturer, then piers may be used. Such foundations shall be inspected by the Building Inspector.
(9) 
Every manufactured mobile home shall be at least 14 feet in width and have a minimum of 720 square feet of living area exclusive of porches, decks, carports, garages and cabanas.
(10) 
Each manufactured mobile home lot shall be limited to one detached storage building, not including a garage or carport.
O. 
Home occupations. Home-based occupations may be established in order that a resident may carry on a business activity which is clearly incidental and subordinate to a dwelling unit in a residential zone. The establishment of a home-based occupation shall be compatible with the surrounding neighborhood and uses and shall not adversely change the character of the dwelling unit or detract from the character of the surrounding neighborhood. Every home-based occupation shall be subject to the following regulations:
(1) 
The home-based occupation shall be demonstrably secondary and incidental to the primary dwelling unit and shall not change the character and appearance of the dwelling unit.
(2) 
The home-based occupation shall not be conducted in any attached or unattached structure intended for the parking of automobiles.
(3) 
The home-based occupation shall not create or cause noise, dust, vibration, odor, gas, fumes, smoke, glare, electrical interferences, hazards or nuisances. There shall be no storage or use of toxic or hazardous materials other than the types and quantities customarily found in connection with a dwelling unit. No noise or sound shall be created that will cause disturbances and affect the character of the neighborhood.
(4) 
There shall be only one home-based occupation per dwelling unit.
(5) 
The use shall be conducted only by persons residing within the dwelling unit, except that no more than one person not residing on the premises may be employed, either for pay or as a volunteer, to work on the premises as part of the home-based occupation carried on in the dwelling unit. One on-site standard-sized parking space shall be provided for such employee or volunteer in addition to other required parking.
(6) 
The business may have one sign that is no larger than two square feet to promote, advertise and/or make customers aware of location and services offered.
(7) 
No stock-in-trade, inventory or display of goods or materials shall be kept or maintained on the premises, except for incidental storage kept entirely within the dwelling unit.
(8) 
No mechanical equipment is permitted in connection with the home-based occupation, other than light business machines, such as computers, facsimile-transmitting devices and copying machines.
(9) 
The home-based occupation shall not involve the use of commercial vehicles for delivery of materials and products to or from the premises in excess of that which is customary for a dwelling unit or which has a disruptive effect on the neighborhood. Such delivery services can include, but are not limited to, United States Mail, express mail and messenger services. No tractor-trailer or similar heavy-duty delivery or pickup shall be permitted in connection with the home-based business.
(10) 
Activities conducted and equipment or material used shall not change the type of construction of the residential occupancy and shall be subject to all required permits.
(11) 
The home-based occupation shall not generate pedestrian or vehicular traffic in excess of that which is customary for a dwelling unit or which would have a disruptive effect on the neighborhood.
(12) 
No more than one client visit or one client vehicle per hour shall be permitted, and only from 8:00 a.m. to 5:00 p.m., Monday through Friday, in connection with the home-based occupation.
(13) 
The home-based occupation shall cease when the use becomes detrimental to the public health, safety and welfare or constitutes a nuisance, affects the character of the neighborhood and/or threatens to decrease property value due to disturbances and/or nuisances, or when the use is in violation of any statute, ordinance, law or regulation.
(14) 
Prohibited home-based businesses are as follows:
(a) 
Adult business.
(b) 
Ambulance service.
(c) 
Animal training.
(d) 
Automotive repair, painting, body/fender work, upholstering, detailing, washing, including motorcycles, trucks, trailers and boats.
(e) 
Body piercing.
(f) 
Dentist, except as a secondary office which is not used for the general practice of dentistry but may be used for consultation and emergency treatment as an adjunct to a principal office located elsewhere.
(g) 
Funeral chapel or home.
(h) 
Firearms manufacturing or sales.
(i) 
Gunsmith.
(j) 
Massage therapist, unless the therapist has procured a massage technician's license and fulfilled the state licensure process.
(k) 
Medical physician (nonpsychiatric), except as a secondary office which is not used for the general practice of medicine but may be used for consultation and emergency treatment as an adjunct to a principal office located elsewhere.
(l) 
Restaurant.
(m) 
Tattoo studio.
(n) 
Upholstery.
(o) 
Tow truck service.
(p) 
Veterinary services and other uses which entail the harboring, training, care, breeding, raising or grooming of dogs, cats, birds or other domestic animals on the premises, except those which are owned by the resident.
(q) 
Welding or machine shop.
(r) 
Yoga/spa retreat center.
(s) 
Any other use which disrupts and is inconsistent with the residential character of the neighborhood is prohibited.
P. 
School. Private school or public school which is not conducted as a private gainful business. In all districts, access to a collector street is required. The use shall meet the following requirements:
(1) 
It shall provide safe and adequate traffic flow.
(2) 
It shall prohibit glare due to site lighting.
(3) 
It shall provide sufficient screening of outdoor play areas to protect the neighborhood from inappropriate noise and other disturbance.
(4) 
It shall provide fencing to control pedestrian ingress and egress.
Q. 
Self-service storage.
(1) 
No storage may take place outside of a personal enclosed storage unit.
(2) 
No personal enclosed storage unit shall have water or sanitary sewer service.
(3) 
A caretaker may reside on a portion of the personal storage site. The caretaker's residence shall have public water and public sewer service.
(4) 
Ingress or egress shall be from an arterial or collector street only.
(5) 
Distance from face of building to face of building: 30 feet minimum.
(6) 
Distance from end of building to end of building: 20 feet minimum.
(7) 
If units are placed back to back, the maximum width of the building shall not exceed 60 feet.
(8) 
Driveway width: 22 feet minimum.
(9) 
All driveways shall be paved with an impervious surface.
(10) 
A landscaping plan shall be submitted with the site plan showing the site's buffer area to adjoining parcels.
(11) 
Lighting shall not interfere with surrounding area or distract traffic.
(12) 
On a personal storage facility site only, there shall be allowed more than one building for housing of the storage units. These buildings, other than for use of one management office, one caretaker's residence and individual storage, shall be used for no other purpose.
R. 
All family child- and adult-care facilities shall ensure they have proper state licenses and are consistent in compliance of all the State of Pennsylvania Department of Welfare guidelines for child-care or adult-care facilities.
(1) 
Dropoff/pickup areas, such as curb spaces and driveway areas, which are of sufficient size and are located to avoid interference with traffic and to ensure the safety of children and elderly adults, must be identified and not disrupt the flow of traffic and effect the character of the neighborhood.
(2) 
The proposed facility shall not be located within two lots of an existing family child-care or adult-care facility on the same side of the street nor on the lot or the lots on either side of the lot directly across the street from an existing family child or adult care home.
(3) 
In cases where child-care facilities are located within a ten-mile radius to one another, a permit will not be granted to the proposed child- and/or adult-care facility.
S. 
Townhouse projects shall be allowed by special exception in the R-H District served by public water and public sewerage systems if they meet the following requirements:
(1) 
No building permit shall be issued to a developer of a townhouse project unless and until the requirements of this article, other applicable articles of this chapter, other applicable ordinances of the county and applicable state statutes are complied with.
(2) 
A townhouse structure shall consist of no more than eight townhouse units.
(3) 
Individual property lines shall run from the street through the center of the common party walls of attached interior units and continue to the rear lot line. The lots, utilities and other improvements for each townhouse unit shall be designed to permit individual and separate ownership of each lot and dwelling unit thereon.
(4) 
No townhouse project or portion thereof shall have an overall site density greater than one townhouse unit per 6,000 square feet of gross site area.
(5) 
Setback requirements for townhouse structures shall conform to the established setback regulations of the district in which the townhouse project is located.
(6) 
A lot occupied by a townhouse unit shall contain not less than 2,000 square feet.
(7) 
Lot frontage, measured at the setback line for individual townhouse units, shall have a minimum width of 20 feet. Lot width for end units shall be adequate to provide side and rear yards as required.
(8) 
Each townhouse unit shall have a rear yard of not less than 25 feet.
(9) 
Each townhouse structure shall have two side yards of not less than 15 feet each. In no case shall any two townhouse structures be closer than 30 feet.
(10) 
The facades of each unit of a townhouse structure shall be varied by changing front yard depth and utilizing variations in materials or design so that no more than three abutting townhouse units have the same front yard depth or the same or essentially the same architectural treatment of facades and rooflines.
(11) 
Each townhouse unit shall have an unencumbered access to and from a dedicated public street.
(12) 
Townhouse projects shall have provisions for at least two vehicular off-street parking spaces for each townhouse unit.
(13) 
Amenities and other accessory uses, if any, shall conform to the setback, yard and height requirements of the district in which they are to be located.
(14) 
Townhouse units shall be separated by a common party wall designed to meet the fire protection requirements as set forth in the Pennsylvania Uniform Construction Code, as amended.
T. 
Adult businesses shall only be allowed by special exception in the I District served by public water and public sewerage systems if they meet the following requirements:
(1) 
Adult businesses regulated by this section shall include adult bookstore/video stores, adult movie theaters or movie houses, adult live theaters and adult nightclubs, as defined herein.
(2) 
Adult businesses shall not be located within 1,000 feet of any property which is zoned residential.
(3) 
Adult businesses shall not be located within 500 feet of the property boundary of any existing school, day-care center, hospital, group-care facility, personal-care boardinghome, group home, public park or playground, church or establishment which is licensed to serve and/or sell alcoholic beverages.
(4) 
No adult business shall be located within 500 feet of any other existing or approved adult business.
(5) 
Adult businesses shall comply with the applicable parking requirements for retail sales and/or theaters specified in Article XIII of this chapter. Any portion of an adult business which does not involve retail sales or theater seating shall meet the requirements of one parking space for each occupant at maximum permitted occupancy.
U. 
Kennels. More than five dogs, cats or other household pets over the age of four months constitutes a kennel and can only be located within permitted zoning districts. Commercial kennels shall only be allowed by special exception in the C-H and I Districts served by public water and public sewerage systems if they meet the following requirements:
(1) 
Demonstrate that all animals are confined to the property.
(2) 
Demonstrate adequate methods for sanitation and sewage disposal.
(3) 
Outdoor runs shall be located a minimum of 200 feet from any dwelling not located on the same lot.
(4) 
Outdoor runs shall be screened with a solid fence to reduce the potential for inciting dogs to bark due to external influences.
(5) 
A site plan, drawn to scale, shall accompany the application, indicating the location of existing and/or proposed parking facilities, buildings, runs and other physical features.
V. 
Stables shall only be allowed by special exception in the C-H and I Districts served by public water and public sewerage systems if they meet the following requirements:
(1) 
A minimum of 10 contiguous acres shall be required.
(2) 
No stable shall be located within 200 feet of any property line or occupied dwelling other than the stable owner's dwelling.
(3) 
All grazing and pasture areas shall be adequately fenced.
W. 
Comparable uses not specifically listed, subject to:
(1) 
The Zoning Hearing Board shall consider a proposed use which is not listed in the zoning district in which the property is located only if it is comparable to other authorized uses listed in that same district. If a use is specifically listed in a less restrictive zoning district, it shall not be eligible for consideration as a "comparable use" in a more restrictive zoning district under this subsection.
(2) 
Uses of the same general character as any of the uses authorized as permitted uses by right, conditional uses or uses by special exception in the zoning district in which the property is located shall be allowed, if the Zoning Hearing Board determines that the impact of the proposed use on the environment and adjacent streets and properties is equal to or less than any use specifically listed in the zoning district. In making such determination, the Board, at a minimum, shall consider the following characteristics of the proposed use:
(a) 
The number of employees;
(b) 
The floor area of the building or gross area of the lot devoted to the proposed use;
(c) 
The type of products, materials or equipment and/or processes involved in the proposed use;
(d) 
The magnitude of walk-in trade, if any; and
(e) 
The traffic and environmental impacts, and the ability of the proposed use to comply with the performance standards of this chapter;
(3) 
The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located.
(4) 
The proposed use shall comply with the performance standards of § 260-76 of this chapter.
(5) 
The proposed use shall comply with any applicable express standards and criteria specified in this chapter for the most nearly comparable use by special exception or conditional use listed in the zoning district in which the comparable use is proposed.
(6) 
The proposed use shall be consistent with the statement of intent for the zoning district in which it is proposed and shall be consistent with the community development objectives of this chapter.
X. 
Medical marijuana organizations shall be permitted if they are in compliance with Article XXIII of Chapter 260 of the Irwin Code.
[Added 6-14-2017 by Ord. No. 952]