Neville Township City Zoning Code
ARTICLE XII
Supplemental Regulations
§ 340-55 Water recreation facilities, swimming pools.
Private swimming pools shall comply with the following requirements:
A.
All plans shall be reviewed by the Township Zoning Officer.
B.
The facility shall conform with the setback requirements for principal residential structures.
C.
All at-grade swimming pools and above-grade pools less than four feet above grade shall be protected by a fence no less than four feet high to prevent uncontrolled access by small children. Gates shall be self-latching.
§ 340-56 Off-street parking facilities.
A.
Required off-street parking facilities.
(1)
Existing parking. Structures and uses in existence at the date of adoption of this chapter shall not be subject to the requirements of this article so long as the kind or extent of use is not changed, provided that any parking facilities now serving such structures or uses shall not in the future be reduced below such requirements.
(2)
Change in requirements. Whenever there is an alteration of a structure or a change or extension of a use which increases an existing structure by 20% or more the total additional parking required for the alteration, change or extension shall be provided in addition to an adequate number of new spaces in order that the minimum standard for spaces is met for the entire area.
(3)
Conflict with other uses. No parking area shall be used for any use that interferes with its availability for the parking need it is required to serve, except that it may be used for a stormwater retention basin of a maximum depth of six inches.
(4)
Continuing character of obligation. All required facilities shall be provided and maintained so long as the use exists which the facilities were designed to serve. Off-street parking facilities shall not be reduced in total extent after their provision except upon the approval of the Zoning Hearing Board and then only after proof that, by reason of diminution in floor area, seating area, the number of employees, or change in other factors controlling the regulation of the number of parking spaces, such reduction is in conformity with the requirements of this article. Reasonable precautions shall be taken by the owner or sponsor of particular uses to assure the availability of required facilities uses are designed to serve. Such facilities shall be designed and used in such a manner as to at no time constitute a nuisance, a hazard, or an unreasonable impediment to traffic.
(5)
Joint use. Two or more uses may provide for required parking in a common parking lot if the total space provided is not less than the sum of the spaces required for each use individually. However, the number of spaces required in a common parking facility may be reduced below this total by variance if it can be demonstrated to the Zoning Hearing Board that the hours or days of peak parking needed for the uses are so different that a lower total will provide adequately for all uses served by the facility. In any case, a reciprocal parking, ingress and egress agreement must be entered into by the property owners involved where applicable, and said agreement recorded prior to the issuance of an certificate of occupancy for either or all uses.
(6)
Design standards. Landscaping design for nonresidential sites shall provide a planted separation between off-site vehicle or pedestrian traffic and on-site circulation as follows:
(a)
A planting strip which physically separates the abutting public street from the parking area shall be provided.
(b)
Such planting strip shall be a minimum of 10 feet in width.
(c)
Such planting strip shall be parallel to the abutting street.
(d)
Such planting strip shall be measured from the right-of-way line.
(7)
The planting strip shall occur within the required setback in the C or IT District where parking in the front yard is proposed.
(a)
At least one tree, a minimum two-inch caliper measured at four feet from ground level, shall be planted in the planting strip for each 10 parking spaces provided.
(b)
A mix of deciduous and evergreen trees shall be provided.
(c)
At least three low-level shrubs, a minimum of three feet in height, shall be planted in the planting strip for each 10 parking spaces provided. Such shrubbery shall be located so as to screen vehicle headlights from adjacent properties.
(8)
A planting island, which projects into the parking area, with a minimum of 60 square feet of pervious surface area and including a tree as described herein, shall be provided at intervals of 10 parking spaces.
(9)
Tire bumpers or concrete curbing shall be installed in the parking area to prevent vehicle overhang of a sidewalk area.
(10)
The edge of any paved parking area in a side or rear yard on lots in the C Commercial District shall not be closer than five feet to any property line and in the IT Industrial Transition District shall not be closer than 10 feet to any property line.
B.
Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light and glare away from adjoining premises and, in particular, away from neighboring residential structures.
C.
Access. Each required off-street parking space shall be open directly upon an aisle or drive of such design as to provide safe and efficient means of vehicular access to a street in a manner which will least interfere with traffic movements. No driveway across public property or curb shall exceed a width of 25 feet.
D.
Maintenance of required parking area. For parking areas of three or more vehicles, the area not landscaped and so maintained, including driveways, shall be graded, surfaced with asphalt, concrete or other hard material suitable to the Township Engineer, and drained to the satisfaction of the Township Engineer to the extent necessary to prevent dust, erosion or excessive water flow across streets or adjoining property. Such off-street parking spaces shall be marked so as to indicate their location. Failure to keep parking areas in satisfactory condition, i.e., free from holes, shall be considered a violation of this chapter.
E.
The following uses and minimum required parking spaces shall be applicable:
(1)
Institutional and recreation use.
(a)
Place of worship. One off-street parking space for each two seats provided for patron use, or at least one off-street parking space for each 25 square feet of gross floor area used or intended to be used for service to patron, guests or members whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.
(b)
Educational institutions/school (private or public).
[1]
Elementary school. One off-street parking space for each faculty member and employee, plus one space per two classrooms and offices.
[2]
Junior high school. One off-street parking space for each faculty member and employee, plus one space per two classrooms and offices.
[3]
Senior high school. One off-street parking space per faculty member and employee, plus one space per 10 students of projected building capacity.
[4]
Commercial school (trade or professional school, music or dancing school). One off-street parking space per faculty member and employee, plus one space per three nonresident students, plus one space per five resident students if residents are permitted to have cars.
(c)
Library. One space per five seats or one space per 250 square feet of gross floor area where no seats are provided.
(d)
Community center. One off-street parking space for each four seats provided for patron use or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.
(e)
Day-care center (day-care home). One off-street parking space for each employee, plus six spaces for dropoff and pickup activities.
(f)
Hospital, medical facilities and clinics. One and one-half off-street parking spaces per inpatient bed or one off-street parking space per 600 square feet of gross floor area (excluding mechanical and storage space), whichever is greater.
(g)
Personal care homes. One off-street parking space for every two beds, plus one space for every two employees.
(h)
Cemetery/mausoleum. One off-street parking space for each employee and one off-street space for each four visitors in total capacity of mausoleum, crematory or columbarium.
(i)
Public/private recreational facility. One off-street parking space for each five persons of total designed capacity or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.
(j)
Private club. One off-street parking space for every five members of total capacity or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.
(k)
Emergency service. Three off-street parking spaces for every four employees on the two major shifts at maximum employment or four off-street parking spaces for each fire truck where no community room is a part of the building, whichever requires the greater number of parking spaces. Where a community room is provided, two off-street parking spaces for each fire truck plus one off-street parking space for each 50 square feet of gross floor area.
(l)
Group care facility (group care residence). One off-street parking space for every two employees, plus one space for every four residents.
(m)
Bed-and-breakfast. One off-street parking space for each room or apartment being rented in addition to two required spaces.
(3)
Retail and consumer service uses.
(a)
Retail shops (general and specialty). One off-street parking space for each 200 square feet of gross area used or intended to be used for servicing customers, plus one additional space for each employee.
(b)
Service businesses (barber, beautician, laundry and dry cleaning, shoe repair, tailor, photographer, travel agency). One off-street parking space for each 200 square feet of gross area used or intended to be used for servicing customers, plus one additional space for every employee.
(c)
Financial services. One off-street parking space for each 300 square feet of gross area used or intended to be used for servicing customers, plus one additional space for each employee.
(d)
Sit-down restaurant. One off-street parking space for each 50 square feet of total floor area; plus one additional off-street parking space for each employee.
(e)
Fast-food restaurant. One off-street parking space for every two seats or one off-street parking space for every 100 square feet of gross floor area, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee on the largest shift.
(f)
Drive-though commercial operations.
[1]
One off-street parking space for every two seats or three off-street parking spaces for every 100 square feet of gross floor area, whichever requires the greater number of spaces, plus one additional space for each employee on the largest shift.
[2]
Parking areas shall be set back at least 10 feet from any side or rear lot line except when the bufferyard provisions require a greater distance.
[3]
At least two parking spaces in close proximity to the entrance to the restaurant shall be reserved for the handicapped. These spaces shall be 12.5 feet wide by 20 feet deep.
(g)
Repair shop (for appliances, lawn mowers, watches, guns, bicycles, locks, small business machines, but not including state-licensed motor vehicle repairs). One off-street parking space for each 300 square feet of gross floor area, plus one additional space for each employee.
(h)
Funeral home. One off-street parking space for each four seats provided for patron use or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used in the operation of the establishment, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.
(i)
Motel/hotel. One off-street parking space for each guest room, plus one off-street parking space for each two employees. Where lounge, restaurant, and meeting room uses are integral, the minimum required parking spaces for each use shall be provided on site.
(j)
Tavern. One off-street parking space for each 50 square feet of total floor area, plus one additional off-street parking space for each employee.
(k)
Veterinary. Three off-street parking spaces for each doctor, plus one off-street parking space for each employee, plus one space for each 100 square feet of examination area.
(l)
Automotive service station. One off-street parking space for every 300 square feet of gross floor area or two off-street parking spaces for each service bay, whichever is larger, plus one off-street parking space for each employee. Off-street parking spaces are not to be a part of, nor interfere with, the accessways to the pumps.
(m)
Automotive sales. Six spaces per 1,000 square feet of showroom gross floor area, plus one for each employee and one space for each service bay.
(n)
Automotive/truck repair. One off-street parking space for each 300 square feet of gross floor area, plus one additional off-street parking space for each employee.
(o)
Truck sales. One off-street parking space for each 300 square feet of gross display area, plus one additional off-street parking space for each employee.
(p)
Automotive accessories. One off-street parking space for each 200 square feet of gross floor area, plus one additional off-street parking space for each employee.
(q)
Public parking lot or garage. All parking areas shall meet the design standards as established in this article.
(r)
Shopping center. One off-street parking space shall be provided and maintained for each 250 square feet, or portion thereof, of gross leasable area, up to 400,000 square feet; 4.5 spaces for each 1,000 square feet of gross leasable area between 400,000 square feet and 600,000 square feet.
(s)
Public utility and storage yard. Two off-street parking spaces, plus one off-street parking space for each employee normally in attendance at the facility at any time.
(t)
Theaters. One off-street parking space for each four seats.
(4)
Industrial uses.
(a)
Manufacturing and light industrial. Three off-street parking spaces for every four employees on the largest shift or one for each 800 square feet of gross floor area, whichever is greater, plus one off-street parking space for each company vehicle normally stored on the premises.
(b)
Research. Three off-street parking spaces for each four employees on the largest shift or one off-street parking space for every 500 square feet of gross floor area, whichever is greater, plus one off-street parking space for each company vehicle normally stored on the premises.
(c)
Warehouse/bulk storage and distribution center. Three off-street parking spaces for each four employees on the largest shift or one off-street parking space for every 1,000 square feet of gross floor area, whichever is greater, plus one off-street parking space for each company vehicle normally stored on the premises.
(d)
Contracting. 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 off-street parking space for each company vehicle normally stored on the premises.
(e)
Medical laboratories. One off-street parking space per 500 square feet of gross floor area, plus one off-street parking space for each company vehicle normally stored on the premises.
(5)
Agricultural uses.
(a)
Nursery. One off-street parking space for each employee and one off-street parking space for each 300 square feet of gross area used or intended to be used as a sales area.
(b)
Greenhouse. One off-street parking space for each employee and one off-street parking space for each 300 square feet of gross area used or intended to be used as a sales area.
(7)
Residential (including multifamily). Two off-street parking spaces per dwelling unit.
§ 340-57 Driveways and off-street parking.
A.
It shall be unlawful for any person to install, construct, or reconstruct a driveway except in strict accordance with the provisions of this chapter and without first obtaining a building permit from the Township Building Inspector. The resurfacing of a driveway does not require a permit; provided, however, that the grades are not substantially altered and the requirements of Chapter 290, Subdivision and Land Development, are not violated.
B.
Every application for a permit shall be made on a written form provided by the Township, shall be signed by the applicant and shall be accompanied by a plan which shall set forth the following information:
(1)
Proposed location within a Township right-of-way, connection with cartway of road and alignment of driveway;
(2)
Proposed grade;
(3)
Proposed width;
(4)
Type and thickness of materials to be used in construction; and
(5)
Plot plan of property, with approximate location of principal buildings and owners of property.
C.
All driveways shall meet the following requirements and specifications:
(1)
No driveway shall have a width of less than 10 feet at the connection with the public street.
(2)
No driveway shall have a slope of more than 15%.
(3)
Where driveways are not paved, they must have a covering of slag, gravel or other all-weather material at least four inches thick.
(4)
No driveway shall change the grade or contour of the street right-of-way, nor cut into, fill or in any way alter any gutter, curbing, drainage ditch or storm sewer.
(5)
Within the right-of-way of a street, the grade of any driveway shall not exceed 1/4 inch to the foot. Where there are sidewalks the driveway shall meet the existing grade of the sidewalk. An exception may be permitted by the Building Inspector or Township Engineer where it would be impossible to construct a driveway with a grade less than 1/4 inch to the foot within the right-of-way.
(6)
All driveways shall have a paved apron from the existing road pavement to the edge of the public road right-of-way.
(7)
At the discretion of the Township Engineer, a trench drain may be required at the bottom of any driveway where runoff from the driveway could create a hazard on a public road.
§ 340-58 Design standards.
A.
The design standards specified below shall be required for all off-street parking facilities with a capacity of three or more vehicles built after the effective date of this chapter. Americans with Disabilities Act[1] requirements shall dictate the number and design of handicap spaces.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
B.
The minimum dimensions of stalls and aisles shall be as follows:
(1)
Stall width shall be at least nine feet for all parking spaces.
(2)
Stall depth shall be at least 20 feet.
(3)
Minimum width of aisles providing access to stalls for one-way traffic only, varying with the angle of the parking, shall be:
Angle of Parking | Minimum Aisle Width (feet) |
|---|---|
Parallel | 12 |
30° | 14 |
45° | 16 |
60° | 20 |
90° | 24 |
(4)
Minimum width of aisles providing access to stalls for two-way traffic shall be 24 feet.
(5)
All designated fire lanes shall be a minimum of 18 feet in width and located to provide access to structures in compliance with the standards set forth in the BOCA Fire Prevention Code, adopted by reference.
C.
Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles. Parking areas shall be graded to a maximum slope of 5%.
E.
For the purpose of servicing any parking area held under single and separate ownership, entrance and exit drives shall be limited to two along the frontage of any single street and their center lines shall be spaced at least 80 feet apart. On the corner properties, there shall be a space of a minimum of 60 feet, measured at the curbline, between the center line of any entrance or exit drive and the street line of the street parallel to said access drive.
F.
In no case shall industrial or commercial parking areas be designed to require or to encourage cars to back into a public street in order to leave the lot.
G.
All parking areas for any purpose other than single-family or multifamily residents shall be physically separated from any public street by a planting strip which shall be not less than 10 feet in depth. Tire bumpers or concrete curb shall be installed so as to prevent vehicle overhang of the sidewalk area. This ten-foot planting strip shall be parallel to the street line, shall be measured from the right-of-way line and shall be located within the required front yard setback in the C Commercial or IT Industrial Districts.
H.
All lighting used to illuminate required parking spaces shall be so arranged that no direct rays from such lighting shall fall upon any neighboring property or public right-of-way. Sharp cutoff luminaires shall be used in all cases.
I.
On land within a C Commercial or IT Industrial Zoning Districts which abuts any residential district, the maximum height of freestanding exterior lighting standards shall not exceed 17 feet. On all other parcels within the C Commercial or IT Industrial Zoning Districts, freestanding exterior lighting standards shall not exceed 25 feet in height.
J.
No other exterior lighting shall exceed 25 feet in height.
§ 340-59 Off-street loading.
Off-street loading requirements as specified below shall be provided on any lot on which a building exceeding 6,000 square feet of gross floor area for business or industry is hereafter erected.
A.
Every retail establishment, storage warehouse or wholesale establishment exceeding 6,000 square feet shall have at least one off-street loading space. Where there is an aggregate gross floor area of 20,000 square feet or more, arranged, intended or designed for such use, there shall be provided off-street truck loading or unloading berths in accordance with the following table:
Aggregate Gross Floor Area Devoted to Each Use (square feet) | Required Number of Berths |
|---|---|
6,000 up to 19,999 | 1 |
20,000 up to 49,999 | 2 |
For each additional 50,000 | 1 additional berth |
B.
Every auditorium, funeral home, multifamily dwelling of 20 units or more, office building, restaurant, or hotel exceeding 6,000 square feet shall have at least one off-street loading space. Where there is an aggregate gross floor area of 30,000 square feet or more, arranged, intended or designed for such use, there shall be provided off-street truck loading and unloading berths in accordance with the following table:
Aggregate Gross Floor Area Devoted to Each Use (square feet) | Required Number of Berths |
|---|---|
6,000 up to 29,999 | 1 |
30,000 up to 49,999 | 2 |
For each additional 50,000 | 1 additional berth |
§ 340-60 Design layout of off-street loading facilities.
A.
Off-street loading facilities shall be designed to conform to the following specifications:
(1)
Each required space shall be no less than 14 feet wide, 55 feet long and 17 feet high, exclusive of drives and maneuvering space and located entirely on the lot being served.
(2)
There shall be appropriate means of access to a street or alley as well as adequate maneuvering space.
(3)
The maximum width of driveways and sidewalk openings measured at the street lot line shall be 35 feet; the minimum width shall be 20 feet.
(4)
All accessory driveways and entranceways shall be graded, surfaced and drained to the satisfaction of the Township Engineer to the extent necessary to prevent nuisance of dust, erosion or excessive water flow across public ways.
(5)
Such facilities shall be designed and used in such a manner that it will not constitute a nuisance, a hazard or an unreasonable impediment to traffic at any time.
B.
All required loading facilities shall be provided and maintained in accordance with the following requirements:
§ 340-61 Fences and retaining walls.
A.
Fences may be permitted in any yard, within lot boundaries, in any zoning district. However, in any residential front yard, the maximum height of any fence shall be 36 inches.
B.
For residential uses, the maximum height of any fence shall be six feet.
C.
Fences shall not be erected in a public or dedicated right-of-way.
D.
In any district, fences shall not obstruct the clear sight triangle for vehicular traffic.
E.
Fences shall not contain barbs or other types of sharp-edged protrusions except in commercial and industrial zones and only when the fence is eight feet or more in height.
F.
For commercial and industrial uses, the minimum height of any fence shall be eight feet.
G.
Retaining walls more than four feet in height above the finished grade shall be designed by a registered, professional engineer and may be approved only after presentation of the engineer's sealed drawings to the Zoning Officer. The faces of retaining walls shall be set back at least three feet from all property lines and a barrier along the top of the wall shall be required when the wall exceeds six feet in height.
H.
A building permit shall be required for the erection of a fence and/or retaining wall.
I.
All fences shall be constructed with acceptable standards and materials which are in use in the surrounding neighborhood and maintained in a safe condition. If a fence is destroyed or deteriorates beyond 50% of its total linear displacement, then it shall be replaced or removed within 45 days of receipt of written notice from the Zoning Officer.
§ 340-62 Temporary outdoor activities, structures and uses.
All temporary outdoor activities, structures and/or uses shall comply with the standards of this section as a condition to the issuance of a temporary permit pursuant to Article XIV.
A.
All temporary uses and/or structures, including modular or manufactured homes or buildings used as offices or storage during development, shall be subject to the following applicable standards and criteria:
(1)
Approval of temporary uses and/or structures shall be granted for a time period of one to four weeks within one calendar year, with exceptions noted herein;
(2)
All temporary uses and/or structures shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved;
(3)
Temporary uses or structures which are authorized for a particular event shall be removed within 48 hours after the completion of the event;
(4)
The area used for the temporary use and/or structures shall not obstruct any sidewalk or public right-of-way, nor shall it obstruct the free flow of pedestrian or vehicular traffic on the site or adjacent property;
(5)
All temporary uses shall address the applicable standards of § 340-68, Performance standards:
(a)
All temporary structures shall comply with the requirements of the specific zoning district for accessory structures.
(b)
The temporary use shall comply with all applicable requirements of the Fire Code.
(c)
Temporary structures and trailers used in conjunction with construction work shall be permitted in any zoning district, subject to the following conditions:
[1]
A permit for the temporary trailer and/or office shall be obtained prior to the placement of the structure and shall be renewed every six months;
[2]
Temporary construction trailers and/or offices and sales offices shall be permitted only during the period that the construction work is in progress under a valid building permit or under Township approval to install public improvements;
[3]
Temporary construction trailers and/or offices shall be located on the lot on which the construction is progressing and shall not be located within 25 feet of any property line;
[4]
The temporary trailer and/or office shall be removed upon completion of the construction authorized by the permit;
[5]
No combustible materials shall be stored in temporary construction trailers and/or offices.
§ 340-63 Signs.
A.
Purpose. The purpose of this section is to permit such signs that will not, by their reason, size, location, construction or manner of display, obstruct the vision necessary for traffic safety, or otherwise endanger public health, safety and morals; and to permit and regulate signs in such a way to support and complement land use objectives set forth in this chapter.
B.
Permits, inspection, maintenance.
(1)
No sign, or sign structure, except as provided for in this section, shall be erected, displayed, altered, relocated or replaced until a building permit has been issued by the Zoning Officer. A separate permit shall be required for each sign requiring a permit.
(2)
Applications for a permit shall be submitted on a form provided by the Township and shall contain the following information:
(a)
Name, address, telephone number of the applicant, owner of property (if different), and the owner of the property on which the sign is to be located.
(b)
Address of property where the sign is to be located.
(c)
Type of sign.
(d)
Location of sign relative to the required setbacks and all other structures on lot.
(e)
Written consent of the owner of the property on which the sign is to be located.
(f)
Construction drawings and specifications of the proposed sign(s), showing materials, size, construction details, finishes, support structure, method of illumination (if any) and any additional information as may be required by the Zoning Officer.
(g)
A fee, as provided for by the Board of Commissioners in the Township fee schedule.
(3)
Provided the application is in order, the Zoning Officer shall issue a building permit for the erection of the sign. Such permit shall expire 12 months from the date of issuance. If construction or erection of the sign is not completed within this time frame, the permit shall be deemed null and void.
(4)
Inspections by the Zoning Officer shall be made to determine compliance with those regulations and specifications. Any discrepancies shall be identified, in writing, citing the irregularities and the action(s) required to address the requirements. If no action has been taken by the sign owner within 30 days, the sign shall be deemed in violation and the permit shall be revoked, the sign may be requested to be removed, and legal actions may be undertaken.
(5)
The Zoning Officer may remove, or order the removal of, any sign erected, or placed, in violation of this chapter, at the expense of the sign owner.
(6)
Signs which are found to present an immediate hazard to the public may be ordered removed immediately by the Zoning Officer, without notice, and the cost assessed to the sign owner.
(7)
Signs advertising places of business or activities which terminate operation shall be removed within 60 days.
C.
Exempt signs. The following types of signs shall not require a building permit for erection:
(1)
Address markers.
(2)
Signs identifying on-premises home-based business, two square feet in area.
(3)
Signs erected by a public agency or utility providing warning or information to the public and any signs erected by the Township or under direction of the Township.
(4)
Signs denoting the availability of property for lease or sale, located on the premises being leased or sold. The sign shall not exceed six square feet in area and shall be removed within seven days of the sale or lease of the property.
(5)
Municipal traffic control and street identification signs.
D.
Temporary signs. The following signs may be erected only after obtaining a building permit from the Zoning Officer. The permit shall cite the length of time the sign may be displayed. For the purpose of this chapter, the following signs shall be considered temporary:
(1)
Banner sign.
(2)
Portable sign.
(3)
Signs announcing new building or construction projects, erected after the beginning of the construction activity. The maximum size shall not exceed 16 square feet.
(4)
Signs announcing special events. Any business, individual or organization may display a maximum of two signs, for up to 14 days prior to a special event. Such signs shall not exceed 16 square feet and shall be removed immediately (within 24 hours) following the event.
E.
General regulations.
(1)
No animated signs, no signs illuminated by a flashing, pulsating or intermittent source and/or no signs which create glare on adjacent properties or any adjacent street shall be permitted.
(2)
Signs shall be placed no closer than 10 feet to any property line, or any right-of-way line, and shall not be erected over a street right-of-way.
(3)
In measuring the area of signs permitted under this section, the entire face of the sign (one side only) or, where the sign consists of raised letters or a sign face of irregular shape, the sign area shall include the area of the smallest rectangle that can encompass the letters or sign face.
(4)
In the residential districts, the maximum height of a sign shall be six feet. In all other zones, the maximum height shall be 35 feet, but in no case shall a sign be permitted to be placed higher than the existing building.
(5)
No sign shall be erected in such a manner that would obstruct vision, ingress and/or egress, or interfere with traffic.
(6)
No sign shall be located so as to block doors, operable windows or fire escapes, or access to them; nor shall a sign be attached to a fire escape.
(7)
No sign shall be painted directly on a wall. Letters or other devices may be applied directly to a wall, but shall not extend more than six inches from the wall.
(8)
Freestanding signs shall be permitted only on zoning lots with a minimum of 100 feet of street frontage.[1]
(9)
Nonconforming signs, lawfully existing at the time of enactment of this chapter, although such sign does not conform to the provisions of this section, may continue to exist; however, if such nonconforming sign is discontinued or removed, any future sign on the same premises shall be in conformity with the provisions of this section.
F.
Residential district signs. Within residential zoning districts, all signs except those authorized in § 340-63C shall require a building permit. The following signs are permitted in residential zones:
G.
Nonresidential district (C, I, IS, or IT) signs. The following provisions identify the types of signs and sign areas permitted in nonresidential zoning district classifications. In the nonresidential zoning districts, each business shall be permitted one wall, canopy or marquee sign and one permanent freestanding sign. All signs except those authorized in § 340-63C shall require a permit.
(1)
All signs shall meet the following requirements:
(a)
Any permitted signs shall be prohibited from advertising products not provided or sold on the premises.
(b)
The maximum sign area of any freestanding sign shall be 36 square feet.
(c)
The maximum sign area of any canopy or marquee sign shall be 12 square feet.
(d)
Any wall sign shall be permitted to have a sign area not greater than 10% of the wall area (including doors and windows) which faces the street. In the case of double street frontage, a wall sign may be permitted facing each street.
(e)
No off-premises sign shall be installed in the Township for the purpose of attracting the attention of motorists on I-79 (Interstate 79).
(2)
Where more than one business or industry operates from a single building, each operation shall be permitted to have a wall sign, with the aggregate sign area(s) not exceeding the size specified in this section.
(3)
Where more than one business or industry operates from a single building, only one freestanding sign is permitted, which shall meet the standard established in this section. The sign may provide information pertaining to each operation located in the building.
(4)
For buildings which house more than one business or industry, one freestanding directory sign shall be permitted which shall be a maximum of five feet in height and 16 square feet in area.
(5)
For sites in single ownership, on which more than one business or industry is located, a directional sign on each street frontage may be permitted, such sign not to exceed four square feet in size.
H.
Address markers. The following signs shall be considered address markers:
(1)
Signs indicating address and/or name of residential properties and the occupants. Such sign shall not exceed two square feet in area.
(2)
Address markers shall be provided on every parcel in every commercial or industrial zoning district. Such signs shall:
(a)
Be located at every entrance or in front of any building or fence.
(b)
Have a minimum dimension of two feet by four feet.
(c)
Have a maximum dimension of three feet by four feet.
(d)
Have a white background and dark letters at least seven inches in height.
(e)
Be visible from the road from which ingress and egress to the property is made.
§ 340-64 Grading.
All development involving excavation, grading and filling where the same materially changes the site and its relationship with surrounding areas shall not be permitted unless first reviewed by the Department of Environmental Protection for compliance with their requirements. All plans shall be in accordance with all other regulations governing and affecting use and modification of land within the Township, such as subdivision, floodplain and/or other federal government approvals.
§ 340-65 Erosion and sedimentation control.
A.
No earthmoving activity, including cuts and fills, excavation, removal of topsoil, trees or vegetative cover of the land, shall commence until plans for minimizing soil erosion and sedimentation, both during and after construction, have been approved.
B.
The erosion and sedimentation control plan shall be prepared in accordance with the Pennsylvania Department of Environmental Protection's Erosion and Sedimentation Regulations (Title 25, Chapter 102) and the standards and specifications of the Allegheny County Conservation District.
C.
Such erosion and sedimentation plan(s) shall be submitted with the stormwater management plan as part of the preliminary and final applications.
§ 340-66 Porches.
For purposes of this chapter, porches shall include structures and additions commonly referred to as "sunrooms," "sun porches," "decks," and similar structures. Structures or home additions which are completely enclosed and suitable for year-round usage shall not be considered to be porches under the terms of this definition.
§ 340-67 Home-based business.
A.
Any use customarily conducted entirely in a dwelling unit by members of the family residing on the premises, and not more than one employee who is not a member of the family, provided such occupation is clearly incidental and subordinate to the residential purpose.
B.
All home-based businesses shall:
(1)
Be carried on wholly within the principal structure.
(2)
Not include kennels, restaurants, day-care centers, motor vehicle repairs or storage of materials and equipment not used primarily for the dwelling.
(3)
Not produce noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare beyond the property line.
(4)
Not alter the exterior character of the dwelling.
(5)
Not sell goods and/or items not produced on site as part of the home-based business.
(6)
No exterior storage of materials.
(8)
Parking shall be provided for two additional vehicles in addition to the two required for the residence.
§ 340-68 Performance standards.
Any use established after the effective date of this chapter shall be operated so as to meet the performance standards hereinafter provided. Any use already established on the effective date shall be permitted to continue, provided that no alteration, expansion, enlargement or modification shall be permitted which does not meet the performance standards herein, or which effectively increases the degree of nonconformity which existed prior to the alteration, expansion, enlargement or modification. Points of measurement to determine compliance with the standards identified herein shall be the property line nearest the source which is the subject of measurement, unless otherwise specified in this section.
A.
Fire protection. Fire-prevention and firefighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on. An emergency response plan should be submitted to the Township annually for approval by the Emergency Management Coordinator.
B.
Electrical disturbance or interference. No use in any zoning district shall:
(1)
Create any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance; or
(2)
Otherwise causes, creates or contributes to the interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.
C.
Noise. Sound levels which are determined to be objectionable because of volume, frequency or beat shall be regulated as follows:
(1)
Sound levels shall be measured with a sound-level meter or sound-level meter with associated octave band analyzer that conforms to standards or specifications published by the American Standards Association. Impulsive-type noise shall be subject to the performance standards hereinafter prescribed, provided that such noise shall be capable of being accurately measured with such equipment. Noise capable of being so measured, for the purpose of this chapter, shall be those noises which cause rapid fluctuations of the needle of the sound-level meter with a variation of not more than plus or minus (+ or -) two decibels. Noise incapable of being so measured, such as those of an irregular intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses. (American Standard Sound Levels for Measurement of Noise and Other Sounds, 223, 3-1944, American Standards Association, Inc., New York, New York, shall be used.)
(2)
No activity may transmit noise across any residential, commercial or industrial use property boundary line in excess of levels established below.
Maximum Permitted Sound Level in Decibels (RE 0.0002 microbar) | ||
|---|---|---|
Within Zoning District | 7:00 a.m. to 7:00 p.m. | 7:00 p.m. to 7:00 a.m. |
RA, RB | 55 | 50 |
C, IT | 65 | 60 |
I, IS | 70 | 65 |
OR |
Octave Band Cycles/Second (preferred center frequency) | 7:00 a.m. to 7:00 p.m. | 7:00 p.m. to 7:00 a.m. |
|---|---|---|
31.5 | 79 | 73 |
63.0 | 74 | 68 |
125.0 | 68 | 62 |
250.0 | 60 | 54 |
500.0 | 55 | 49 |
1000.0 | 50 | 44 |
2000.0 | 46 | 40 |
4000.0 | 41 | 35 |
8000.0 | 38 | 32 |
(3)
Impulsive-type noises generated by sources that do not operate more than one minute in any one-hour period are permissible up to a level of 10 dB(A) in excess of the figures listed in Subsection C(2), except that this higher level of permissible noise shall not apply from 7:00 p.m. to 7:00 a.m. when the adjacent lot is zoned residential. The noise shall be measured using the fast response of the sound-level meter.
(4)
Noise resulting from alarm, sirens, emergency work, normal lawn and landscaping care, traffic and agricultural use shall be exempt from the requirements of this section. Noise resulting from temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the requirement of this section, except that no such activity shall occur on Sunday.
(5)
No noise from recordings, loudspeakers, or public address systems shall be allowed which interferes with the reasonable enjoyment of adjacent residential properties.
D.
Odors. No malodorous gas or matter shall be permitted and shall be regulated as follows:
(1)
For purposes of this section, the "odor threshold" is defined as the minimum concentration in air of a gas, vapor or particulate matter that can be detected by the olfactory systems of a panel of three healthy observers appointed by the Board of Commissioners.
(3)
The release of odorous matter from any district across residential or commercial district boundary lines shall be so controlled that, at ground level or at habitable elevation, the concentration shall not exceed the odor threshold. Further, the release of malodorous matter across lot lines shall not become a nuisance or source of discomfort to neighboring uses. As a guide in determining qualities of offensive odors, standards established by the Allegheny County Department of Health may be used.
E.
Air pollution. No pollution of air by ash, dust, smoke, vapors or other substance shall be permitted which is harmful to human health, animals, vegetation or other property. In addition:
(1)
Any use that emits any air contaminant, as defined in state air pollution law(s), shall comply with applicable state standards concerning air pollution.
(2)
No zoning permit, building permit or conditional use approval may be issued with respect to any development covered by Subsection E(1) herein, until the Allegheny County Department of Health has certified to the Township that the appropriate state permits have been received by the developer/owner or that the developer will be eligible to receive such permits and that the development is otherwise in compliance with applicable air pollution laws.
F.
Glare. Lighting devices or reflective surfaces which may produce objectionable glare onto neighboring properties and/or roadways shall be regulated as follows:
(1)
In any district, any operation or activity producing intense glare shall be so conducted that direct and/or indirect illumination from the source of light shall not cause illumination in excess of 1/2 footcandle above background when measured at any residential district boundary line. Flickering or intense sources of light shall be controlled so as not to cause a nuisance across any lot lines or roadways.
(2)
All outside lighting, including lighting for signs, shall be directed in such a way as to not create a nuisance to any adjacent property and/or roadway. All illumination devices and fixtures shall be equipped with a glare shielding device approved by the Township Engineer.
G.
Water pollution.
(1)
No use in any zone may discharge any waste material contrary to the provisions established by the Pennsylvania Department of Environmental Protection governing discharges of radiological, chemical or biological wastes into surface or subsurface waters.
(2)
No use in any zone may discharge into the Township's sanitary sewer treatment facilities any waste that cannot be adequately treated by biological means.
H.
Storage of solid waste, trash and garbage.
(1)
The storage of waste, trash and garbage shall be hidden from public view by a fence or similar structure, constructed in compliance with this chapter, as amended, unless the unique features of the property make it impossible to do so, and such impossibility is not created by the owner's, tenant's or occupant's action. In such case, all waste, trash, or garbage shall be completely enclosed in covered containers or receptacles with rigid sides, designed for such purpose, which covers shall, at all times, close flush with the top of the container or receptacle. Plastic bags, paper bags, cardboard boxes or similar items are not acceptable containers or receptacles for the purposes of this section.
(2)
The owner, tenant, or occupant shall not permit waste, trash and/or garbage to be stored outside such containers or receptacles.
(3)
Outdoor trash, rubbish, and recycling collection areas shall be located with an emphasis upon shielding the site from public view and to shield with landscaping the area near the site to minimize any detrimental effects upon neighboring properties. The following shall apply to all such uses:
(a)
No collection site for trash, rubbish or recyclable materials shall be located within any front yard area or along any street frontage.
(b)
The collection site shall be a minimum of 10 feet from any rear property line.
(c)
Each site shall be screened with a six-foot opaque fence or basket-weave fence. Landscaping with shrubbery and trees as per § 340-70 is also required.
(d)
The maximum area of each site shall not exceed 200 square feet.
(e)
Daily inspections by the property owners or tenants shall be conducted to collect any loose debris near the container and insure animals, rodents, and vermin are not inhabiting the area.
(4)
No outdoor stockpiling of any material or outdoor storage of trash is permitted in the front yard. In any residential district, the outdoor stockpiling of materials (except firewood) for more than 30 days is prohibited.
(5)
The placement of framed enclosure composts as an accessory residential use is permitted, subject to all accessory use setbacks. Only yard/garden waste materials from the residential site shall be deposited within the compost, and in no case shall meat or meat by-products be composted. All composts shall be properly maintained so as not to become a nuisance to nearby properties.
I.
Performance standards for nonresidential uses. The performance standards applicable to nonresidential uses shall include all adopted air, water and soil pollution, noise, health and other relevant federal, state and county laws and regulations. In addition, the Board of Commissioners may set other conditions upon nonresidential development not included in this section, so as to protect the public's health, safety and general welfare. No use shall be permitted which shall cause a violation of federal, state and/or county laws, or the standards of this section and conditions affixed by the Township pursuant to the protection of the citizen's health, safety and general welfare.
§ 340-69 Manufactured or modular homes.
A manufactured home, for the purposes of this chapter, shall also be considered a mobile home as defined in Article II.
A.
No manufactured home lacking toilet and washing facilities or cooking and food storage facilities shall be permitted, nor shall any self-propelled vehicles used as living quarters or travel trailers designed for temporary occupancy, be permitted for residential purposes exceeding 14 days. Such manufactured home, or vehicle, shall not be placed in any yard area.
B.
Manufactured homes shall meet all requirements of this chapter and any other ordinances of the Township of Neville relative to single-family dwellings.
C.
Manufactured homes shall be supported upon either a peripheral masonry or concrete foundation wall on a reinforced concrete footer carried to a depth of at least three feet below finished grade, or, masonry foundation piers built on concrete footers, the bottom of which shall be set at least three feet below finished grade.
D.
Manufactured homes shall be securely held to the foundation by tie-downs, which may be cast-in-place, concrete "dead-man" eyelets, imbedded in concrete screw augers or arrowhead anchors, placed, at a minimum, in each corner of the manufactured home. Each device shall be rated to sustain a minimum load of 4,800 pounds.
E.
The space between the floor of a manufactured home set on piers and the ground below shall be enclosed by a continuous metal skirting to match the exterior of the manufactured home. In addition, such space shall be ventilated.
F.
Manufactured homes shall be placed on required foundations and skirted within 30 days of arrival on the lot.
G.
No manufactured home shall be occupied until it has received a certificate of occupancy from the Zoning Officer. Such permit shall not be issued until the manufactured home has been connected to sanitary sewage disposal and water supply systems.
H.
Any enclosed additions to a manufactured home after its placement on the foundation, and not a part of the original construction, shall match the materials and colors of the original unit.
I.
No manufactured home shall be removed from the Township until all current and back Township and school district taxes have been paid in full. The property occupied by the manufactured home may be liened for any unpaid taxes, whether or not such property is owned by the occupants of the manufactured home.
§ 340-70 Landscaping and beautification.
[Amended 12-21-2009 by Ord. No. 810]
A.
Parking lot landscaping. All parking areas containing 15 or more spaces shall provide landscaping internal to the parking area in accordance with the requirements of Chapter 290, Subdivision and Land Development, of this Code for parking lot landscaping.
B.
Parking in front yards. Parking areas accessory to principal structures in the C Commercial District may be located in the required front yard, provided they are set back at least 10 feet from the public street right-of-way. The area between the right-of-way and the parking area shall be landscaped in accordance with the specifications of Chapter 290, Subdivision and Land Development, of this Code for landscaped strips in front yards. A larger front yard landscaped strip may be required to meet stormwater best management practices (BMP) in accordance with the requirements of Chapter 277, Stormwater Management.
C.
Front yard landscaped buffer area in industrial districts. When any new principal building or structure is proposed or any existing industrial building or use of land is proposed to be expanded on property in the I Industrial, IS Industrial Special and the IT Industrial Transition Districts, a front yard landscaped buffer area 20 feet in depth, as measured from the public street right-of-way, shall be provided and shall be landscaped in accordance with the specifications of Chapter 290, Subdivision and Land Development, of this Code. A larger front yard landscaped buffer area may be required to meet stormwater best management practices (BMP) in accordance with the requirements of Chapter 277, Stormwater Management, of this Code.
D.
Buffer areas. Whenever property in the Commercial, Industrial Transition, Industrial or Special Industrial Districts is subject to land development plan approval under Chapter 290, Subdivision and Land Development, of this Code, and the property adjoins a lot or lots in the Residential A or Residential B Zoning Districts or a lot or lots containing an existing single-family dwelling or two-family dwelling in any other zoning district, a buffer area, as defined by this chapter, shall be provided along all side and rear property lines adjoining property in the Residential A or Residential B Districts. The type of buffer area required shall be as follows:
(1)
Land development in a Commercial or Industrial Transition District adjoining property in a Residential A or Residential B District or a lot or lots containing an existing single-family dwelling or two-family dwelling in any other zoning district:
(2)
Land development in an Industrial or Special Industrial District adjoining property in a Residential A or Residential B District or a lot or lots containing an existing single-family dwelling or two-family dwelling in any other zoning district:
E.
Outdoor storage areas.
(1)
Any article or material stored in bulk outside a completely enclosed building as an accessory use or a principal use on a site devoted to commercial use shall not exceed six feet in height. Such storage areas shall be screened from view from the public street by a solid fence, masonry wall or compact evergreen hedge that is at least six feet in height. Any gate installed in the fence or wall shall be opaque.
(2)
Any article or material stored in bulk outside a completely enclosed building as an accessory use or a principal use on a site devoted to industrial use shall not exceed 35 feet in height. Such storage areas shall be screened from view from the public street by a solid fence, masonry wall or compact evergreen hedge that is at least eight feet in height.
F.
Dumpsters and refuse collection areas.
(1)
All refuse collection areas shall be located on the side or rear of the building(s). All dumpster/recycling enclosures shall be effectively designed to contain all the refuse generated on the site and deposited between collections. All materials used to construct the dumpster/recycling enclosure walls shall be similar to the materials used in the principal building.
(2)
In addition to the fencing required by § 340-68H(3)(c), all required dumpsters for trash and recycled items shall be completely screened from view from any Residential A or Residential B District or a lot or lots containing an existing single-family dwelling or two-family dwelling in any other zoning district and from any public or private street. The height of the required landscaping material shall be equal to the height of the dumpster or other collection facility.
§ 340-71 Unified shopping centers.
Over 50,000 square feet, subject to the recommendation of the Planning Commission, and compliance with the land development provisions of Chapter 290, Subdivision and Land Development.
A.
The site shall have frontage on and direct vehicular access to an arterial or collector street as defined by this chapter.
B.
The minimum site area required shall be five acres.
C.
Once the improvements are completed in an approved retail shopping center, lots within an approved and recorded retail shopping center may be sold and developed as independent entities for any authorized use in the district.
D.
Only the uses permitted by right or authorized as conditional uses or uses by special exception in the district in which the retail shopping center is located shall be permitted in the retail shopping center.
E.
The entire perimeter of a retail shopping center site shall be screened by the bufferyards specified by § 340-70 of this chapter to provide the separation required between the adjoining uses. Bufferyards shall not be required between uses within the site of the retail shopping center.
F.
The site plan shall be designed to minimize points of access to the public street. Shared driveways shall be utilized where feasible and cross-easements dedicated for common access, where necessary.
G.
The site shall be planned as a unit and uniform signage and landscaping and common parking and loading areas shall be proposed to promote efficiency and preserve a common design theme.
§ 340-72 Performance standards for light industry, corporate, administrative and business offices and research and development uses in commercial district.
[Added 10-13-2011 by Ord. No. 817]
Light industrial, corporate, administrative and business offices and research and development use is permitted in a commercial zoning district subject to the following standards:
A.
The property on which the use is conducted, which may consist of a lot or of abutting contiguous lots under common ownership, must be bordered on at least one side by property zoned Industrial Transition.
B.
The minimum acreage for such use shall be three acres, which may be on multiple contiguous lots.
C.
All light industry or research and development activities shall be conducted indoors. There shall be no outdoor storage of materials, equipment or supplies.
D.
Exterior doors opening directly into areas where light industry or research and development activities are conducted shall be closed during business hours (except for deliveries and other traffic in the ordinary course of business) so that all noise associated with such activities shall be muted to the outside.
E.
Where light industry use is conducted at least 10% of the building space on the lot or lots shall be used for general, corporate or administrative office use, or other permitted use in the commercial district.
F.
The buildings in which such uses are conducted shall be illuminated so as to minimize any light spillover to the adjoining properties. There shall be no light spillover at the property lines of adjoining residentially zoned properties.
G.
The site shall be planned as a unit and uniform signage and landscaping and common parking and loading areas shall be proposed to promote efficiency and to preserve a common design theme.
H.
There shall be no unloading of trucks, truck traffic, or deliveries on the side of any building used for light industry which abuts any residentially zoned district from 8:00 p.m. to 6:00 a.m. There shall be no unloading of trucks with more than two axles on the side of such building which abuts a residentially zoned district at any time.
I.
No vehicular maintenance shall be performed outdoors on the premises.
J.
No manufacturing or other activity shall be permitted which falls into the category of heavy industry, as defined in § 340-8 of this chapter.
K.
The exterior of any side of a building containing such uses shall incorporate foundation plantings along a minimum of 50% of the length of the facade facing abutting residentially zoned property to the extent that available space and growing conditions make such plantings feasible.
§ 340-73 Airport zoning.
[Added 3-8-2012 by Ord. No. 819]
A.
Purpose. The purpose of this section is to create airport zoning height regulations with respect to the Pittsburgh International Airport.
B. AIRPORT ELEVATION AIRPORT HAZARD AIRPORT HAZARD AREA APPROACH SURFACE (ZONE) CONICAL SURFACE (ZONE) DEPARTMENT FAA HEIGHT HORIZONTAL SURFACE (ZONE) LARGER THAN UTILITY RUNWAY NONPRECISION INSTRUMENT RUNWAY NONCONFORMING USE OBSTRUCTION PRECISION INSTRUMENT RUNWAY PRIMARY SURFACE (ZONE) RUNWAY STRUCTURE TRANSITIONAL SURFACE (ZONE) TREE UTILITY RUNWAY VISUAL RUNWAY
Definitions. The following words and phrases when used in this section shall have the meaning given to them in this subsection unless the context clearly indicates otherwise.
The highest point of an airport's usable landing area measured in feet above sea level. The airport elevation of the Pittsburgh International Airport is 1,204 feet above mean sea level.
Any structure or object, natural or man-made, or use of land which obstructs the airspace required for flight or aircraft in landing or taking off at an airport or is otherwise hazardous as defined in 14 CFR Part 77 and 74 Pa.C.S.A. § 5102.
Any area of land or water upon which an airport hazard might be established if not prevented as provided for in this chapter and the Act 164 of 1984[1] (Pennsylvania laws relating to aviation).
An imaginary surface longitudinally centered on the extended runway center line and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of the runway based on the planned approach. The inner edge of the approach surface is the same width as the primary surface and expands uniformly depending on the planned approach. The approach surface zone, as shown on Figure 1, is derived from the approach surface.[2]
An imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one foot vertically for a horizontal distance of 4,000 feet. The conical surface zone, as shown on Figure 1, is based on the conical surface.[3]
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department of Transportation.
For the purpose of determining the height limits in all zones set forth in this chapter, the datum shall be mean sea level elevation unless otherwise specified.
An imaginary plane 150 feet above the established airport elevation that is constructed by swinging arcs of various radii from the center of the end of the primary surface and then connecting the adjacent arc by tangent lines. The radius of each arc is based on the planned approach. The horizontal surface zone, as shown on Figure 1, is derived from the horizontal surface.[4]
A runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and jet-powered aircraft.
A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.
Any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this chapter or an amendment thereto.
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth by this chapter.
A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
An imaginary surface longitudinally centered on the runway, extending 200 feet beyond the end of paved runways or ending at each end of turf runways. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. The primary surface zone, as shown on Figure 1, is derived from the primary surface.[5]
A defined area of an airport prepared for landing and takeoff of aircraft along its length.
An object, including a mobile object, constructed or installed by man, including but without limitation buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.
An imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven feet horizontally to one foot vertically. The transitional surface zone, as shown on Figure 1, is derived from the transitional surface.[6]
Any object of natural growth.
A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight or less.
A runway intended solely for the operation of aircraft using visual approach procedures.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5911 et seq.
[2]
Editor's Note: Figure 1 is on file in the Township offices.
[3]
Editor's Note: Figure 1 is on file in the Township offices.
[4]
Editor's Note: Figure 1 is on file in the Township offices.
[5]
Editor's Note: Figure 1 is on file in the Township offices.
[6]
Editor's Note: Figure 1 is on file in the Township offices.
C.
Applicability.
(1)
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 of this section.[7]
(a)
Approach Surface Zone.
(b)
Conical Surface Zone.
(c)
Horizontal Surface Zone.
(d)
Primary Surface Zone.
(e)
Transitional Surface Zone.
[7]
Editor's Note: Figure 1 is on file in the Township offices.
D.
Permit applications. As regulated by Act 164[9] and defined by 14 CFR 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made), in the vicinity of the airport, shall first notify the Department's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department's BOA response must be included with this permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of air space, the permit request should be considered to be in compliance with the intent of this section. If the Department's BOA returns a determination of a penetration of air space, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in § 340-73E, Variance.
(1)
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.
(2)
No notice or review under this section is required for any of the following construction or alteration:
(a)
Any object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height, and would be located in the congested area of a city, town, or settlement where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation.
(b)
Any antenna structure of 20 feet or less in height except one that would increase the height of another antenna structure.
(c)
Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device, of a type approved by the Administrator, or an appropriate military service on military airports, the location and height of which is fixed by functional purpose.
(d)
Any construction or alteration for which notice is required by any other FAA regulation.
[9]
Editor's Note: See 74 Pa.C.S.A. § 5911 et seq.
E.
Variance.
(1)
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:
(a)
No objection. The subject construction is determined to not exceed obstruction standards and marking/lighting is not required to mitigate potential hazard. Under this determination a variance shall be granted.
(b)
Conditional determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in § 340-73H, Obstruction marking and lighting.
(c)
Objectionable. The proposed construction/alteration is determined to be a hazard and is thus objectionable. A variance shall be denied and the reasons for this determination shall be outlined to the applicant.
(2)
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.
F.
Use restrictions. Notwithstanding any other provisions of this chapter, no use shall be made of land or water within those portions of the Township lying within the areas illustrated on PIT Airspace Plan (Drawing 7b of 19 of the PIT Airport Master Plan, as amended), in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, create bird-strike hazards or otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft utilizing the Pittsburgh International Airport.
G.
Preexisting nonconforming uses. The regulations prescribed by this chapter shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter, or otherwise interfere with the continuance of a nonconforming use. No nonconforming use shall be structurally altered or permitted to grow higher so as to increase the nonconformity, and a nonconforming use, once substantially abated (subject to the underlying zoning ordinance,) may only be reestablished consistent with the provisions herein.
H.
Obstruction marking and lighting. Any permit or variance granted pursuant to the provisions of this chapter may be conditioned according to the conditional determination process described in § 340-73E to require the owner of the structure or object of natural growth in question to permit the municipality, at its own expense, or require the person requesting the permit or variance to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
I.
Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this section and any other regulation applicable to the same area, the more stringent limitation or requirement shall govern and prevail.