Vehicular and pedestrian access to any lot upon which a nonresidentially oriented use is proposed shall be from a public street.

In addition to all those uses permitted in the R-2 District under the Table of Permitted Uses and Special Exceptions, Chapter 215, Attachment 1, the following uses are permitted as of right in the Municipal and Fire Overlay:

The following restrictions apply:

A screen (buffer) planting shall be provided for any lot improvements other than those which are residential in nature. Such improvements include but are not limited to parking, signage and dumpsters.

Outdoor storage shall not be permitted, unless the storage is completely enclosed by a sight-obscuring screen, masonry wall, wooden fence, compact evergreen hedge, or chain-link fence with evergreen vines at least eight feet in height.

Dumpsters shall not be placed on a lot where they are visible from any surrounding residential home.

Wooden "stockade" style fences must be constructed with the finished side facing away from the principal structure.

Retaining walls and fences required for screening under this chapter are not subject to the six-foot height limitation.

No front yard fences, trees, bushes, or ornamental shrubbery over 36 inches in height or that obstruct visibility from driveways or any road shall be permitted.

Poultry: 50 feet.

Animal: 100 feet.

Minimum: 25 feet to rear of residence.

Two hundred feet of a street entrance or exit of any school, park or playground conducted for and attended by children.

One hundred feet of any hospital, church or library.

Seventy-five feet of a lot in a residential district as established in this chapter.

Any new or substantially improved structure which will be used for the production or storage of any of the following material or substances which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any of the following materials or substances:

Construction that will alter the floodplain or cause the result of a flood to be worse.

Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system.

Prior to any proposed alteration or relocation of any stream, watercourse, etc., within the municipality, a permit shall be obtained from the Department of Environmental Protection, Dams and Waterways Management Bureau. Further, notification of the proposal by the Township shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to both the Federal Insurance Administration and the Department of Community and Economic Development.

The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.

The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.

Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.

Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

A commercially reasonable agreement could not be reached with the owners of such structures.

Fire protection. Fire-protection and -fighting equipment, acceptable to the Board of Fire Underwriters, shall be readily available when any activity involving the handling or storage of flammable or explosive material is carried on.

Electrical disturbances. No activity from any source shall cause electrical disturbances adversely affecting radio or other equipment in the neighboring area.

Noise. Noise which is determined to be objectionable because of volume or frequency from any source shall be muffled or otherwise controlled, except for fire sirens and related apparatus used solely for public purposes, which shall be exempt from this requirement.

Smoke. The maximum amount of smoke emission permissible from any source shall be determined by use of the Standard Ringelmann Chart issued by the United States Bureau of Mines. No smoke of a shade darker than No. 2 will be allowed.

Odors. In any district except the industrial district, no malodorous gas or matter from any source shall be permitted which is discernible on any adjoining lot or property. This shall not apply to any form of fertilizer in districts where agriculture is a permitted use.

Air pollution. No pollution of air by fly-ash, coal soot, dust, vapors, or other substances from any source shall be permitted which is harmful to health, or to animals, vegetation or other property.

Glare. Lighting devices which produce an objectionable direct or reflected glare in adjoining properties or thoroughfares shall not be permitted.

Erosion. No activity which would cause erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties.

Water pollution. The method for discharging wastes to surface waters, public sewers, drains, or watercourses shall be acceptable under the provisions of the Pennsylvania Sewage Facilities Act (Act 537 of 1968),[1] as same may be amended from time to time.

Every use which requires the receipt or distribution, by vehicle, of material or merchandise shall provide off-street loading berths in accordance with the table which follows:

Each loading space shall not be less than 12 feet in width, 60 feet in length, and 14 feet in height, and so designed as not to encroach upon the public right-of-way.

Size and access. Each off-street parking space shall be not less than nine feet wide by 18 feet long. All spaces shall have a 90° orientation. A minimum twenty-five-foot aisle to accommodate two-way traffic shall also be provided. Except in the case of dwellings, no parking area shall contain less than three spaces. Parking areas shall be designed to provide sufficient turnaround area so that vehicles are not required to back onto major roads or collector or arterial roads. Where a lot does not abut on a public or private alley, or easement of access, there shall be provided an access drive that shall not be less than 10 feet wide. Access to off-street parking areas shall be limited to several well-defined locations, and in no case shall there be unrestricted access along the length of a street or alley.

Number of parking spaces required. The number of off-street parking spaces required is set forth in the list below. Where the use of the premises is not specifically mentioned, requirements for similar uses shall apply.

Handicap parking space requirements.

Location of parking areas. Required parking spaces shall be located in the same lot with the principal use. The ZHB, in special exception cases, may permit parking spaces to be located not more than 200 feet from the lot of the principal use, if located in the same zoning district as the principal use, and the Board finds that it is impractical to provide parking on the same lot with the principal use.

Traffic impact study requirements. Any development, subdivision, expansion, or change in use which will generate, on average, 1,000 or more vehicle trips per day, or 75 or more additional trips during the adjacent roadways' peak hours, shall be required to have a traffic impact study completed as part of the development. The estimated number of trips shall be determined by an analysis of similar uses through data collected by the Institute of Transportation Engineers or through studies of similar uses acceptable to the Township. When a traffic study is prepared for a subdivision that does not propose development of the lots, the traffic study must be updated at the time of land development to address the specific type and size of development. Kilbuck Township may require a traffic study for developments or changes in use generating fewer than 75 additional trips during peak hours in cases where known traffic deficiencies exist in the area of the proposed development or change in use. The Township may waive the traffic impact study requirement for an individual subdivision or development or change in use, if such development or change in use was incorporated as part of a previous traffic impact study or studies by the Township or other government agencies.

Traffic impact study contents and scope. Kilbuck Township will provide a scope of study specifying the study area, intersections and any special requirements. Prior to initiation of the study, a meeting shall be held to review the scope of work. PennDOT may be invited to the meeting when appropriate. The study shall include the following:

Standards for traffic capacity and access. New or modified streets and intersections shall be designed for adequate traffic capacity defined as follows, unless otherwise approved by the Municipal Engineer. All reference to levels of service (LOS) shall be as defined in the Highway Capacity Manual, Special Report 209, published by the Transportation Research Board.

In any district, a sign not exceeding two square feet in surface size is permitted which announces the name, address, or professional activity of the occupant of the premises on which said sign is located. No zoning certificate or fee shall be required.

A bulletin board not exceeding 15 square feet is permitted in connection with any church, school or other public or semipublic structures.

A temporary real estate or construction sign not exceeding 25 square feet in area is permitted in the property being sold, leased, or developed. Such sign shall be removed within 30 days of its function being fulfilled.

Signs advertising candidacy for political office shall be permitted to be displayed in any district, provided that permission is granted by the owner of the property on which it shall be displayed under the following conditions:

Signs shall be permitted in connection with any commercial activity when located on the same premises, and if they meet the following requirements:

Advertising structures, where permitted, shall be set back from the established right-of-way line of any street or highway at least as far as the required front yard depth for a principal use in such district except for the following modifications:

All signs and advertising structures, except as hereinafter modified, may be illuminated internally or by reflected light provided the source of light is not directly visible and is so arranged as to reflect away from the adjoining premises and provided that such illumination shall not be so placed as to cause confusion or a hazard to traffic or conflict with traffic control signs or lights.

No illumination involving movement or causing the illusion of movements by reason of the lighting arrangement or other devices shall be permitted.

Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance.

Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the lot line of the zone lot or parcel on which such sign is located.

Works of art that do not include a commercial message.

Holiday lights and decorations with no commercial message, but only between October 31 and January 31.

Traffic control or incidental signs on private property, such as “Stop,” “Yield,” and similar signs, the face of which meet Department of Transportation standards and which contain no commercial message of any sort.

Emergency warning signs erected by governmental agency, a public utility company, or a contractor doing authorized or permitted work within the public right-of-way.

One permit is good for the life of the sign.

Any changes made to an existing sign, even if already permitted, require a new sign permit.

All signs currently in use are permitted under this chapter; however, any modifications to the signs require the filing of a sign permit, and must be in conformance with this chapter.

Each application for a sign permit shall be accompanied by a drawing showing the design proposed and the size, character, and color of letters, lines, and symbols and the method of illumination and the exact location of the sign in relation to the building and property, and details and specifications for construction. A fee as set from time to time by resolution of the Board of Supervisors shall accompany each application for a sign permit.

No sexually oriented business shall be in operation without an approved permit.

An application for a permit to operate a sexually oriented business must be made on a form provided by the Zoning Officer of the Township. The application must be accompanied by a sketch or diagram showing the floor plan and plot plan configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn marked with dimensions of the interior of the premises to any accuracy of plus or minus six inches.

The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the law by the Zoning Officer and the Fire Marshal.

If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a permit as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has 10% or greater interest in the business must sign the application for a permit as an applicant. If a corporation is listed as owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a direct or indirect interest of 10% or greater in the corporation must sign the application for a permit as applicant.

The fact that a person possesses another type of Township permit does not exempt the person from the requirement of obtaining a sexually oriented business permit.

The Township Zoning Officer shall approve the issuance of a permit to an applicant within 30 days after receipt of an application unless he finds one or more of the following to be true:

The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.

The Zoning Officer and Fire Marshal shall complete their certification that the premises are in compliance or not in compliance within 20 days of receipt of the application by the Zoning Officer. The certification shall be promptly presented to the Zoning Officer.

An applicant, or permittee, shall permit representatives of the Police Department, Fire Marshal, Zoning Officer, or other Township departments or agencies to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time that the sexually oriented business is occupied or open for business.

If the Township Zoning Officer denies renewal of a license, the applicant shall not be issued a permit for one year from the date of denial, except that, after 90 days have elapsed since the date of denial, the applicant may be granted a permit if the Zoning Officer finds that the basis for denial of the renewal permit has been corrected or abated.

Violated or is not in compliance with any section of this chapter.

Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises.

Refused to allow inspection of the sexually oriented business premises as authorized by this chapter.

Knowingly permitted gambling by any person on the sexually oriented business premises.

The Zoning Officer shall revoke a permit if a cause of suspension set forth in Subsection E occurs and the permit has been suspended within the preceding 12 months.

The Zoning Officer shall revoke a permit if he/she determines that:

When the Zoning Officer revokes a permit, the revocation shall continue for one year, and the premises shall not be issued a sexually oriented business permit for one year from the date the revocation became effective, except that if the revocation is pursuant to Subsection F(2) above, the revocation shall be effective for two years in the event of a misdemeanor or five years in the case of a felony.

After denial of an application, or denial of a renewal of an application, or suspension or revocation of a permit, the applicant or licensee or permittee shall have the right to appeal said action and to seek prompt judicial review of such administrative action in any court of competent jurisdiction.

It is a defense to prosecution under this chapter that a person appearing in a state of nudity did so in a modeling class operated:

The regulations in this section shall apply to uses and structures located within areas illustrated on The Pittsburgh International Airport (PIT) Airspace Plan (Drawing 7b of 19 of the PIT Airport Master Plan, as amended), which PIT Airspace Plan is incorporated hereby by reference, which include the following zones as described in Figure 1[3] of this chapter.

Said drawing referenced in this Subsection C is attached as Figure 2,[4] and shall be applied as may be amended in the future.

No permit is required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure.

No notice or review under this section is required for any of the following construction or alteration:

Any request for a variance shall include documentation in compliance with 14 CFR Part 77, Subpart B (FAA Form 7460-1 as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the FAA and the Department's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:

Such requests for variances shall be granted where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the intent of this section.