Oakmont City Zoning Code
ARTICLE VII
General Regulations
§ 205-701 Lighting.
[Amended 2-18-2019 by Ord. No. O5-2019]
A.
All exterior lighting or illumination by any means, whether by electric or otherwise, is to be located and directed and of such an intensity so as not to create a hazardous condition or damage to the person or property of others or interfere with or restrict the lawful use and enjoyment by others of property in the Borough. Any illumination or lighting which is of such intensity or so directed or so located as to cause a hazardous condition or danger to the person or property of others or interfere with and restrict the lawful use and enjoyment of property in the Borough by others is hereby declared to be a public nuisance.
C.
Any landowner adding, replacing, redirecting or otherwise changing outside lighting fixtures shall submit a photometrics plan to measure the light impact of the exterior lighting improvements, unless exempted herein. The photometrics plan shall describe the maximum illumination values and average illumination value required herein as part of the submission.
(1)
The following activities shall not require submission of a photometric plan:
(a)
Adding, replacing, redirecting or otherwise changing outside lighting fixtures on a building or a premises that contains no more than two dwelling units, provided that such activities must comply with the otherwise applicable requirements of this section.
(2)
The photometric plan shall be provided in such numbers and such format as the Borough Zoning Officer may direct.
D.
Low-voltage and light-emitting diode (LED) lighting systems are encouraged.
E.
Two lighting zones and the applicable zoning district as well as the respective illumination levels for each lighting zone are as follows. If the applicant can demonstrate that an equivalent result can be produced through a proposed alternative lighting solution, Borough Council may grant approval to said photometrics plan.
(1)
Lighting Zone 1 - Residential and Mixed Use Zoning Districts (R-1, R-2, R-3, MXD, MXD-2).
(a)
There shall be a maximum illumination value of 0.10 horizontal and vertical footcandle at all lot lines when measured three feet above the ground surface.
(b)
The maximum on-site illumination value shall be three footcandles and the average on-site illumination value shall be less than or equal to one footcandle when measured three feet above the ground surface.
(c)
No more than 5% of the fixture's lumens shall be emitted at a ninety-degree angle or greater when measured from a line perpendicular at when measured from a point vertically the lowest point at which the fixture's lumens reflect.
(d)
Lights on motion sensors shall not be triggered by movement or activity located off the property on which the light is located.
(2)
Lighting Zone 2 - all other zoning districts.
(a)
There shall be a maximum illumination value of 0.20 horizontal and vertical footcandle at all lot lines when measured three feet above the ground surface.
(b)
The maximum on-site illumination value shall be 5.0 footcandles and the average on-site illumination value shall be less than or equal to 1.5 footcandles when measured three feet above the ground surface.
(c)
No more than 10% of the fixture's lumens shall be emitted at a ninety-degree angle or greater from nadir.
F.
All outdoor lighting shall be designed, installed, located and maintained so that glare onto adjacent lots or streets shall be minimized and all direct illumination kept within the boundaries of the lot.
G.
Installations producing disabling glare shall not be permitted within the Borough.
H.
Any glare on a lot shall not exceed a rating of three on the DeBoer Scale.
I.
Approval. Prior to the issuance of a certificate of occupancy as per § 205-1603, the landowner shall demonstrate that lighting installed on the site is consistent with any related lighting plan(s) submitted to and approved by Borough Council. A third-party expert, as mutually accepted by the Borough, Borough Engineer and landowner, shall conduct a lighting study and prepare a report of results to ensure that lighting on the site aligns with any previously submitted and approved lighting plan. If said lighting study and report cannot demonstrate consistency with any approved plan, issuance of a certificate of occupancy shall be denied.
§ 205-702 Landscaping.
A.
Purpose. The provision to install and maintain landscaping is part of this chapter in order to make structures and sites more compatible with other adjacent uses; achieve the breaking up of large masses of parking; and encourage preservation of large and attractive trees by giving credit for otherwise required landscaping and grading. (See also § 205-705, Tree removal.) Note: These requirements are to incorporate provisions of the Shade Trees Ordinance No. 1632[1] and in no way lessen or infringe on the duties and functions of the Shade Tree Commission concerning the planting, health, safety and care of all trees, evergreens and shrubs within the right-of-way of any public street, highway, lane or alley within the Borough of Oakmont.
B.
Applicability of landscape requirements. These provisions shall be applicable to every conditional use or special exception, excluding freestanding single-family houses and duplexes, with respect to which a zoning compliance or a building permit for any new structure or enlargement of any existing structure is hereafter required or for which conditional use or special exception approval is sought.
C.
Required planting screens. Except in Districts R-1, R-2 and R-3, wherever any parking lot, trash collection, outdoor storage, merchandising or service area lies adjacent to a common line with any R-1, R-2 or R-3 Zoning District, a planting screen of sufficient length to obstruct or partially obstruct the view thereof from the adjoining district shall be required, except where the view is blocked by change in grade or other natural or man-made features. Where, because of intense shade or soil conditions, the planting screen cannot be expected to thrive, a wooden fence or masonry wall may be substituted.
D.
Planting screen specifications. All planting screens required by this chapter shall consist of plants at least 30 inches high when planted and maintained in a healthy condition and so pruned as to provide maximum opacity from the ground to a height of five feet at maturity. The proposed plantings can be expected to thrive and provide screening that will create no nuisance or hazard.
E.
Required tree planting. In every zoning district, not including single-family lots as a permitted use or planned residential development, each new required area of landscaped open space shall contain at least one tree for every 1,200 square feet of such space or fraction thereof. All trees required by this chapter, except those within the rights-of-way of all public streets, highways, lanes or alleys, are subject to provisions of Borough of Oakmont Shade Trees Ordinance No. 1632,[2] shall be at least 12 to 15 feet high when planted and shall be maintained in a healthy condition. A landscape plan shall be subject to site plan approval. Credit shall be given for preservation of existing trees with same caliper or greater.
F.
Parking lot planting. Where the provision of off-street parking for vehicles is required, there shall be landscaped open spaces around the perimeter of the lot or lots to provide for required screening and tree planting. See also Shade Trees Ordinance No. 1632.[3] One deciduous tree (caliper of 1 1/2 inches to two inches) or evergreen tree (eight feet to 10 feet high) shall be planted for each 10 spaces provided for off-street parking. The required trees may be part of required screening or in addition to screening and may be planted throughout the open landscaped areas of the site. In lieu of required planting screen, a landscaped earth berm at least three feet in height with a minimum of three-on-one slopes may be installed.
G.
Time of completion. All tree plantings and planting screens required or recommended by this chapter or the Shade Tree Commission, when applicable, shall be installed prior to occupancy or commencement of use. Where compliance with the preceding sentence is not possible because of the season of the year, the Zoning Officer may grant an appropriate planting delay. Any certificate of occupancy may be revoked, after 30 days' written notice to the person assessed for taxes on the affected lot and to the occupant, whenever planting screens or required tree plantings are not maintained as required in this chapter. Credit shall be given for preservation of existing trees with same caliper or greater.
§ 205-703 Oakmont Boulevard Project.
A.
The overall goals and objectives of the Oakmont Boulevard Project, undertaken as a gift from the Oakmont Garden Club in 1989 and accepted by Council, are incorporated as part of this chapter and are specifically to be evaluated when new projects in the Central Corridor District are presented for review and approval. The summarized goals and objectives are as follows:
(1)
That all planning activities and improvements be reviewed and approved with the intent of adding both to the visual (architectural) quality and economic stability of the business corridor.
(2)
That there be a major concern for traffic safety and flow. This chapter proposes that studies by professional traffic engineers should be required when a use is deemed to burden existing traffic flow.
(3)
That the planning process, through preserving and improving the long-range image of the business corridor, will continue to make the Borough of Oakmont an attractive community for all its residents.
B.
These goals and objectives can only be achieved through strict zoning control over site plan review, signage, architectural design, parking and vehicular circulation, landscaping, screening and buffering from adjacent uses and adherence to all applicable provisions of this chapter. Particular attention shall be given to street tree planting, streetlighting, roadway improvements, sidewalk construction and other corridor improvements stressed in the Oakmont Boulevard Project and the Borough of Oakmont Shade Trees Ordinance No. 1632[1] and Chapters 8 and 10 of the Code of the Borough of Oakmont.
§ 205-704 Dead-end streets and landlocking properties.
When a public or private street terminates at the property line of an adjacent undeveloped property, a turnaround shall be provided in accordance with Borough specifications and requirements.
§ 205-705 Tree removal.
The following requirements and considerations relate to the control of tree removal on all property proposed for new development within the Borough of Oakmont except those planting areas within the rights-of-way of all public streets, highways, lanes or alleys which are subject to the provisions of the Borough of Oakmont Shade Trees Ordinance No. 1632[1] and the review and approval of the Shade Tree Commission. (See also § 205-702, Landscaping, and Article X, Plan Review.)
A.
Up to 40% of trees may be removed for any development with no tree replacement required.
B.
Up to 60% of trees may be removed for any development with tree replacement required as follows:
(1)
One-inch caliper of new tree shall be planted for every four-inch caliper of existing tree removed.
(2)
The species replacement of deciduous tree shall be a choice of oaks, maples, honey locust, beech, ornamental fruit trees or special trees approved by the Oakmont Shade Tree Commission. Each tree shall be no less than 1 1/2 inches in caliper.
(3)
The species replacement of evergreen tree shall be a choice of white pine, Colorado spruce, Norway spruce and hemlock of no less than eight feet to 10 feet in height.
C.
A site plan showing all trees over four-inch caliper is required for submittal to the Planning Commission as part of the review procedure. The site plan shall designate trees for removal and location of replacement trees.
D.
Replacement of trees cannot be used to meet other landscape requirements for street trees and buffer planting.
§ 205-706 Boats, motor homes, campers, boat/travel trailers and other general utility trailers.
No speed boats, cabin cruisers, inboard motor boats, house boats and their trailers, travel trailer or hard top or canvas top pop-up camper or other general utility trailers shall be maintained or parked in any residential district within the Borough of Oakmont outside an enclosed building in excess of three continuous weeks; provided, however, that a building contractor may park a travel trailer on a building site for use as an office or storage shed only. Continuity of a single period shall not be considered broken or terminated unless said vehicle involved shall have been removed from the Borough or stored in accordance with this section for a period of at least three weeks outside an enclosed building. Any travel trailer and accompanying equipment so used by a building contractor shall be promptly removed upon completion of construction.
§ 205-707 Sidewalks.
§ 205-708 Control of stormwater runoff from existing development.
All land/homeowners, when installing or improving driveways, parking areas, adding structural additions or making other improvements, shall control stormwater runoff to prevent indiscriminate flow of water onto adjacent developed properties. Discharge of water shall be into natural drainage channels (on or off site) or into the municipal storm system when they are the natural area of discharge for stormwater and when normal erosion control measures are followed. All local, county and state requirements for stormwater management shall be applicable.
§ 205-709 Pornography.
See existing Ordinance No. 06-81, Ch. 136, Obscenity and Pornography.
§ 205-710 Display or manufacture of arms.
The display or manufacture of arms for sale or the operation of gun shops is not permitted in any residential zoning district within the Borough of Oakmont.
§ 205-711 Open air parking.
Unless otherwise specified by this chapter, in all residential districts, no parking shall be permitted in front and side yards. In the Commercial and Industrial Districts, parking is permitted in front and side yards as long as a five-foot setback/buffer strip (measured from property line) is provided for screening or landscaping.
§ 205-712 Storage facilities.
Storage of any merchandise other than explosives or inflammables; garbage, offal or dead animals; rags or junk; petroleum or other bulk liquid hydrocarbons in excess of an amount necessary for use on the premises, except that of fuel storage tanks for a motor vehicle service station, may be permitted in the C, I and LI Districts.
§ 205-713 Temporary structures.
A.
A temporary structure, shall be determined to be for a use which is permitted in the zoning district. Said structure shall not be a permanent use. Temporary structures may include but are not limited to a kiosk, tent, accessory recreational structure, shed or trailer that is temporarily used for construction purposes. Such structures shall not disturb or impair traffic ingress/egress, the clear sight triangle at intersections of driveways and streets or the intersection of streets and fire lanes and shall be authorized, in writing, by the owner of the lot(s).
B.
A temporary structure may be permitted on private property, for a period of one day to 45 days. An extension of time may be requested by the landowner and/or developer in writing to the Zoning Officer, provided the purpose for which the temporary structure has been permitted is still actively being used. In no case shall more than two forty-five-day extensions be permitted.
D.
A temporary structure which is proposed in the C, I, LI, MXD, or MXD-2 Zoning Districts shall not alter the movement of traffic or parking arrangement of cars in a designated parking lot.