Oakdale City Zoning Code
ARTICLE III
General Regulations
§ 375-14 Nonconforming uses.
The following provisions shall apply to all nonconforming uses:
A.
A nonconforming use may be continued but may not be extended, expanded or changed unless to a conforming use, except as permitted by the Zoning Hearing Board in accordance with the provisions of this chapter.
B.
Any nonconforming structure damaged by fire, flood, explosion, or other casualty may be reconstructed and used as before if such reconstruction is performed within 12 months of such casualty and if the restored structure has no greater coverage and contains no greater cubic content than before such casualty.
C.
In the event that any nonconforming use, conducted in a structure or otherwise, ceases, for whatever reason, for a period of one year or is abandoned for any period, such nonconforming use shall not be resumed.
§ 375-15 Private swimming pools.
A private swimming pool shall be permitted as an accessory use to any permitted residential use, provided:
§ 375-16 Off-street parking.
A.
Off-street parking spaces shall be provided in accordance with the specifications in this section in any district except the B-1 Business District whenever any new use is established or existing use is enlarged.
[Amended 6-2-2022 by Ord. No. 2022-2; 11-6-2024 by Ord. No. 2024-9]
Use | Parking Spaces Required |
|---|---|
R-1 District | 1 per dwelling unit |
R-2 District – single-family dwelling | 1 per dwelling unit |
R-2 District – all other dwelling types | 2 per dwelling unit |
Multiple-family dwellings | 2 per dwelling unit |
Church and school | 1 per 6 seats in principal assembly room |
Private club or lodge | 1 per 4 members |
Theater | 1 per 4 seats |
Hospitals and rest homes | 1 per 3 beds and 1 for each 2 employees on the maximum working shift |
Professional offices, business services, wholesale houses, and medical clinics | 1 for every 250 square feet of floor space |
Personal service establishments | 1 for each 100 square feet of floor space |
Bowling alleys | 5 for each alley |
Recreational assembly places, e.g., dance halls, night clubs, funeral homes | 1 for each 100 square feet of floor space |
Industrial | 1 for each 2 employees on the maximum working shift |
Group day-care center or day care, child | 1 per 300 square feet net floor area |
Bank/financial institution | 1 per 300 square feet net floor area and 1 per employee on peak shift |
Convenience store | 1 per 300 square feet net floor area and 1 per employee on peak shift |
Gas/fuel station | 1 per 300 square feet net floor area and 1 per employee on peak shift |
Micro-brewery | 1 per 75 square feet net floor area and 1 per employee on peak shift |
Micro-distillery | 1 per 75 square feet net floor area and 1 per employee on peak shift |
Restaurant | 1 per 75 square feet net floor area and 1 per employee on peak shift |
Restaurant, neighborhood | 1 per 50 square feet net floor area and 1 per employee on peak shift |
Retail store | 1 per 250 square feet net floor area and 1 per employee on peak shift |
Retail store, neighborhood | 1 per 250 square feet net floor area and 1 per employee on peak shift |
Self-storage facility | 1 per 100 storage units and 1 per employee on peak shift |
Service station | 3 per bay and 1 per employee on peak shift |
Tavern or bar | 1 per 75 square feet net floor area and 1 per employee on peak shift |
Winery | 1 per 75 square feet net floor area and 1 per employee on peak shift |
B.
Parking space may be located on a lot other than that containing the principal use with the approval of the Zoning Hearing Board provided a written agreement, approved by the Borough Solicitor, shall be filed with the application for a zoning certificate.
C.
Any off-street parking lot for more than five vehicles shall be graded for proper drainage and surfaced so as to provide a durable and dustless surface.
D.
Any lighting used to illuminate any off-street parking lot shall be so arranged as to reflect the light away from adjoining premises in any "R" district.
§ 375-17 Planned unit business and industrial projects.
[Amended 11-6-2024 by Ord. No. 2024-9]
A.
Planned unit business and industrial projects may be permitted if the planned unit project meets the requirements of this section. After the unit plan is approved, all development, construction, and use shall be in accordance with that plan, unless a new planned unit project plan is submitted to and approved by the Zoning Hearing Board as required by this chapter. Any development contrary to the approved unit plan shall constitute a violation of this chapter.
B.
The area of the land to be developed shall not be less than five acres.
C.
Properties adjacent to the unit plan shall not be adversely affected.
D.
The average density of dwelling units per acre shall not be higher than that permitted in the district in which the plan is located.
E.
The use of the land shall not differ substantially from the uses permitted in the district in which the plan is located, except that limited business facilities, intended to serve only the planned unit project area and fully integrated into the design of the project, may be considered.
F.
The unit plan shall be consistent with the purpose of this chapter.
G.
The unit plan shall be reviewed, and recommendations made, by the Borough Council to determine if the proposed project is consistent with the Borough Comprehensive Plan and in the best welfare of the Borough.
§ 375-18 Temporary structures.
A.
Temporary structures used in conjunction with construction work shall be permitted only during the period that the construction work is in progress.
B.
Permits for temporary structures shall be issued for a six-month period. Residing in basement or foundation structures before the completion of the total structure shall not be permitted.
§ 375-19 Signs.
No sign, billboard, or exterior graphic display shall be permitted in any district except as herein provided.
A.
In any district, a sign not exceeding one square foot 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.
B.
A bulletin board not exceeding 24 square feet is permitted in connection with any church, school or similar public building.
C.
Business signs shall be permitted in connection with any legal business or industry when located on the same premises and if they meet the following requirements:
(1)
Signs shall not contain information or advertising for any product not sold on the premises.
(2)
Signs shall not have an aggregate surface size greater than five square feet for each foot of width of the principal structure on the premises.
(3)
Signs shall not project over public rights-of-way.
(4)
Signs shall not be illuminated in any manner which causes undue distraction, confusion or hazard to vehicular traffic.
§ 375-20 Home occupations.
Any home occupation, such as an art studio, dressmaking, teaching, or the professional office of a physician, dentist, lawyer, engineer, architect or accountant, shall be permitted as an accessory use if it complies with the requirements of this section. A home occupation shall not be interpreted to include barbershops and beauty parlors, commercial stables and kennels, real estate offices, or restaurants.
A.
The home occupation shall be carried on by a member of the family residing in the dwelling unit with not more than one employee who is not part of the family.
B.
The home occupation shall be carried on wholly within the principal or accessory structures.
C.
Exterior displays or signs other than those permitted under § 375-19, exterior storage of materials, and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted.
D.
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced.
E.
Articles not produced on the premises shall not be sold on the premises.
§ 375-20.1 Chickens.
[Added 3-14-2019 by Ord. No. 2019-1]
The keeping of chickens shall be allowed as an accessory use by permit, in all residential districts, R-1 and R-2, of the Borough, subject to the specific standards and criteria set forth below:
A.
The keeping of chickens shall be allowed by right as an accessory use by permit, in all residential districts of the Borough (R-1 and R-2), subject to the standards in this section.
B.
Any person wishing to engage in this accessory use by permit shall submit an application for zoning/accessory use permit to the Zoning Officer for review and approval, with the fee for same to be established by resolution of Oakdale Borough Council. Approval shall be subject to the following standards:
(1)
For the first 5,000 square feet of any property, up to three chickens are allowed. An additional chicken is permitted for every additional 2,000 square feet. A maximum number of 10 chickens may be kept at once on a parcel.
(2)
No person shall keep or maintain a rooster.
(3)
The chickens must be housed in a chicken coop located in the backyard only, a minimum of 10 feet from any property line. The minimum coop size shall be three square feet per chicken.
(4)
An outside run shall be attached to the coop, at least 10 feet from any property line, and sufficiently contain the chickens.
(5)
All feed, water and other items for keeping chickens shall be secured to prevent rats, mice, or other vectors from infesting.
(6)
Chicken feces must be properly collected, stored, and disposed of in a manner that prevents malodorous smells, nuisances, or other hazards. (Chicken manure may be composted and added to gardens or yards if done without creating malodorous smells, nuisances, or other hazards.)
(7)
The selling of chickens or chicken products for commercial purposes is prohibited.
(8)
Slaughtering and butchering is prohibited.
(9)
No chickens shall be kept in townhouse communities, apartment communities, or mobile home parks.
(10)
No chickens shall be kept on any lot smaller than 2,500 square feet.
§ 375-20.2 Homeowners' association requirements.
[Added 11-6-2024 by Ord. No. 2024-9]
A.
Homeowners' association (HOA) establishment.
(1)
An HOA organization shall be established by the developer for the ownership, operation, and maintenance of common open space, recreational facilities, stormwater management facilities, utilities, and other such amenities of common interest and ownership in all residential developments and mixed-use developments that feature a residential component.
(a)
If no common open space, utilities, and other such amenities of common interest and ownership are to be provided, an HOA is not required.
(2)
The landowner or developer shall provide the Borough with the legal framework for the HOA, indicating its bylaws and methods for maintaining common open space and/or amenities, which shall be reviewed by the Borough Solicitor and found acceptable to the Borough. HOAs shall exist in perpetuity, or for however long is required to operate and maintain common open space, recreational facilities, stormwater management facilities, utilities, and other such amenities of common interest and ownership.
(a)
The members of the HOA shall share equitably the costs of maintaining all property and/or amenities maintained by the HOA. If a member fails to pay his pro rata share, then a lien against an individual property may be made in accordance with the provisions for same in the bylaws of the organization.
(b)
The HOA shall be responsible for maintenance of insurance and taxes on all common open space, recreational facilities, stormwater management facilities, utilities, and other such amenities of common interest and ownership.
(c)
The HOA shall have or hire adequate staff to administer common facilities and maintain the open space to the satisfaction of the Borough.
(d)
The HOA shall have the authority and ability to promptly correct hazardous conditions in the open space.
(e)
The HOA shall provide annual updates to the Borough on changes in the composition or membership of its Board and changes to any of its maintenance agreements, contracts, or ability to maintain said development, its grounds, and any open space.
(3)
The HOA shall be organized by the developer and operate with financial subsidization by the developer, before the sale of any lots within the development.
(4)
Membership in the HOA shall be mandatory for all purchasers of dwelling units therein and their successors. The conditions and timing of transferring control of the HOA from the developer to the homeowners shall be identified.
B.
Operation and maintenance of amenities.
(1)
All amenities in a development shall be owned, managed, operated, and maintained by a private entity, such as an individual, corporation, or HOA, including walkways, sidewalks, parks, open spaces, parking lots, gutters, curbs, waterlines, stormwater management facilities, landscaping, street trees, lighting, traffic control devices, and other facilities for which plans and specifications must comply with the minimum requirements of this chapter, the SALDO, and/or conditions attached to the granting of approval or conditional use approval, unless dedicated to the Borough or otherwise outlined in the developer's agreements.
(2)
Maintenance of all sidewalks and streetlights installed as part of the development, whether located on common open space or individual lots, shall be the responsibility of the HOA.
§ 375-20.3 Exterior finishes.
[Added 11-6-2024 by Ord. No. 2024-9]
The exterior finish of the building, whether finished face brick, wood veneer, siding, or any other finished facing materials approved by the Zoning Officer, shall come down the building to within six inches of finished grade. Plain masonry block or poured concrete shall not be considered a finished product; nor shall either of these construction surfaces be considered as a finished product if painted, unless specified as a specific architectural exterior treatment by a design professional.
§ 375-20.4 Bicycle racks.
[Added 11-6-2024 by Ord. No. 2024-9]
Bicycle racks shall be installed and maintained at each nonresidential building or multifamily residential building, using concrete footing. The bicycle racks shall be black in color. Bicycle racks are not required for new single-family dwelling units.
§ 375-20.5 Street trees.
[Added 11-6-2024 by Ord. No. 2024-9]
Street trees shall be provided, in addition to any other required landscaping, in all nonresidential developments or multifamily residential developments in accordance with the following standards:
A.
Street trees shall be provided along the entire length of the right-of-way of all public and private streets, except for alleys. Street trees shall be provided on both sides of streets internal to the development, and on the development side of the street for streets external to the development.
B.
Street trees shall be located within the right-of-way, or if unable to be located with the right-of-way, shall be located within five feet of the right-of-way. If not planted within the right-of-way, a restrictive covenant shall be placed in the deed for the property prohibiting removal of the trees by the property owner.
C.
Street trees shall be located so as not to interfere with the maintenance of utilities, required sight distances and visibility of street and traffic signs.
D.
The tree species chosen shall be approved by the Borough Engineer and appropriate to the location of the development. Factors such as microclimate, soils, habit of growth, salt, air pollution and disease tolerance, proximity of sidewalks and overhead utility lines, and social conditions (likelihood of soil compaction, vandalism, damage by dogs, deer, etc.) shall be considered. Tree species shall be selected that do not have root structures that may damage adjacent sidewalks or utilities.
E.
Street trees shall have the following minimum calipers at the time of planting:
(1)
Large trees, defined as those trees whose height will ultimately exceed 40 feet, shall have a minimum caliper of 2.5 inches to 3.0 inches DBH.
(2)
Medium trees, defined as those trees with an ultimate height of 25 feet to 40 feet, shall have a minimum caliper of 2.0 inches to 2.5 inches DBH.
(3)
Small trees, defined as those trees whose ultimate height will not exceed 25 feet, shall have a minimum caliper of 1.5 inches to 2.0 inches DBH.
F.
Street trees shall be spaced with regard to the ultimate spread of the fully developed canopy. Spacing requirements are as follows:
G.
Tree grates and/or permanent fencing may be required to protect new street trees in areas of dense development or high use.
H.
Mature trees, woodlands or other significant vegetation which remains undisturbed adjacent to the street right-of-way may be used in place of or in conjunction with the requirements of this section.
I.
Pervious pavement shall be utilized where necessary to provide water infiltration to support tree growth.
J.
All maintenance, care, and upkeep of street trees shall be the responsibility of the HOA, property owner, and/or developer.
§ 375-20.6 Pedestrian connections.
[Added 11-6-2024 by Ord. No. 2024-9]
A.
Streets, sidewalks, trails, and footpaths shall be integrated into the existing Borough systems to the maximum extent possible.
B.
Sidewalks shall be provided along the frontage of all existing and proposed public and private streets, except alleys and access drives, located adjacent to and within the proposed development.
C.
Sidewalks shall be a minimum of five feet wide.
D.
ADA-compliant curb ramps and crosswalks shall be provided at each intersection corner and driveways other than those classified as "minimum use" per PennDOT. Curb ramps shall be installed in accordance with PennDOT Standards for Roadway Construction, Publication 72M (RC-67M), latest edition, and applicable ADA standards.
§ 375-20.7 Cluster mailbox units.
[Added 11-6-2024 by Ord. No. 2024-9]
If centralized mail delivery is required by the United States Postal Service (USPS), cluster mailbox units (CBUs) shall be provided within proposed developments. CBUs shall be designed such that same are centrally located to serve the development, while providing safe and efficient access for pedestrians and motor vehicles in the vicinity of the CBU. Provisions for off-street and/or on-street parking, and ADA-compliant accessibility, shall be considered when locating the CBUs. CBUs shall be located within privately owned open space, or on private property within an access easement in favor of a community homeowners' association. CBUs shall be in the style, color and location approved by the Borough Council, subject to the design standards specified in the Borough Construction Standards, and in accordance with USPS approved specifications.
§ 375-20.8 Private streets.
[Added 11-6-2024 by Ord. No. 2024-9]
A.
Private streets shall meet all the design standards for public streets as required by the Subdivision and Land Development Ordinance (Chapter 315). The developer shall provide a private road access and maintenance agreement, in a form acceptable to the Borough Solicitor, which shall, at a minimum, set forth the following:
(1)
The access rights over the private street to each lot utilizing the private street.
(2)
The street shall be constructed and maintained in accordance with the design standards and specifications of this chapter.
(3)
The method of assessing maintenance and repair costs.
(4)
The conditions for any dedication of the private street to a public entity.
B.
This access and maintenance agreement shall be recorded with the Allegheny County Department of Real Estate after recording of the final land development plan. Reference to this recorded access and maintenance agreement shall be provided in the deeds of the lots having use of the private street.