Parkside City Zoning Code
ARTICLE XIV
General Regulations
§ 182-91 Purpose.
The purpose of this article is to identify certain regulations and standards that are generally either common to all zoning districts or applicable to more than one district.
§ 182-92 Overall requirements.
A.
No building or structure, or part thereof, shall hereafter be erected, constructed, or altered, and no new use or change shall be made or maintained of any building, structure, or land, or part thereof, except in conformity with the provisions of this chapter.
B.
Every principal building shall hereafter be built on a lot with frontage on a public or private street.
C.
No lot or premises shall hereafter be subdivided or reduced in area or size in any manner so as to violate the provisions of this chapter and the most recently adopted version of the Delaware County Subdivision and Land Development Ordinance.
§ 182-93 Projections into required yards.
A.
No principal building or part thereof shall be erected within, or shall project into, any required yard in any district, except for unenclosed porches, decks, one-story bay windows, eaves, chimneys, balconies, fire escapes, buttresses, cornices, or steps, and none of these, except unenclosed decks, shall encroach more than three feet into the required yard. However, unenclosed decks may extend into required rear yards in residential districts.
§ 182-94 Visibility at corner lots.
A.
On any corner lot, no wall, fence, or other structure shall be erected or maintained, and no hedge, tree, shrub, or other growth shall be planted, grown, or maintained which may cause danger to vehicular traffic by obscuring the view or in any other way be a source of danger.
B.
Where a lot is located at the intersection of two streets, no obstruction of any kind whatsoever of a height greater than 24 inches from the grade level of the adjacent street shall be maintained or permitted within a sight triangle, the legs of which shall be 15 feet measured from the intersection of the right-of-way lines at the corner.
C.
The Borough shall have the right to declare any obstruction to vision within the line of the sight triangle to be a safety hazard and shall direct the owner of the property to have it removed. If the owner fails to do so within 30 days after written notice, the Borough shall remove the obstruction and bill the owner and lien the property for the expense involved.
§ 182-95 Accessory structures.
A.
No accessory structures may be placed in the front of the principal building.
B.
Except for fences, there shall be a distance of not less than three feet between an accessory structure and a side or rear lot line.
C.
An accessory structure shall not exceed 15 feet in height.
E.
No storage building shall exceed 200 square feet with a maximum height of 15 feet.
F.
Accessory structures shall not be used for permanent or temporary human habitation.
§ 182-96 Accessory dwelling units.
A.
One accessory dwelling unit (ADU) is permitted on a lot of 4,000 square feet or larger in accordance with the following standards:
(1)
The property owner, which shall include title holders and contract purchasers, must occupy either the principal unit or the ADU as their permanent residence, but not both, and at no time receive rent for the owner-occupied unit.
(2)
Occupancy of the accessory or principal unit is limited to family members related by blood, marriage, or adoption, or persons providing nursing or domiciliary care of assistance to the owner in exchange for lodging.
(3)
The ADU shall be designed to harmonize with the appearance of the principal dwelling.
(4)
The ADU shall be located within the principal dwelling unit or in existing or new outbuildings (such as carriage houses, and garages).
(5)
The gross floor area of the ADU shall not exceed 900 square feet.
(7)
Issuance of permits for ADUs shall be contingent upon approval of the Building Code Official for appropriate sewage disposal systems.
§ 182-97 Decks.
Decks shall be permitted in all zoning districts, provided that the Zoning Officer issues a building permit.
A.
Prior to constructing a deck or porch, including a supporting structure, a sketch plan shall be provided and a building permit obtained from the Building Code Official and prior-approved by the Zoning Officer.
B.
After a building permit is issued for a deck or porch, no change in plans regarding setbacks, dimensions, or heights is permissible without first receiving written permission from the Zoning Officer.
§ 182-98 Fences and walls.
[Amended 3-27-2019 by Ord. No. 555; 2-21-2024 by Ord. No. 580]
A.
No fence, hedge, or wall (except a retaining wall) shall exceed the following height and shall be restricted in location where noted.
District or Use | Maximum Height |
|---|---|
Residential districts | 6 feet and located only in the side or rear yards, up to and not past the front building line |
Commercial districts | 6 feet and located only behind the front line of a principal building |
B.
Fences that exceed six feet in height shall have a surface area that is at least 50% open and not a solid, opaque surface.
C.
No barbed-wire, razor-wire, or similar fence shall be permitted in the Borough, unless the applicant demonstrated a clear and compelling need for security prior to obtaining a building permit.
D.
Owners of structures with barbed or razor wire or similar fencing must remove said fencing within one year of the effective date of this chapter unless the owner can demonstrate a clear and compelling security need to the Zoning Officer for erecting and maintaining such fence.
E.
Fences shall always be installed so the finished side faces toward the outside of the property.
F.
Hedges and other plantings, whether or not they constitute a fence, shall be trimmed so as not to grow out over sidewalks, streets, or adjoining properties.
G.
Before erecting a fence, a sketch plan of the proposed fence must be submitted and a permit from the Zoning Officer obtained. Prior to the erection of a wall, an engineered plan of the proposed wall shall be submitted and a permit obtained from the Zoning Officer.
§ 182-99 Private, noncommercial swimming pools.
A.
Swimming pools, as defined in Article II, in residential districts shall be considered accessory structures.
B.
A private swimming pool shall not be permitted in the front yard, and no pool on a corner lot shall be placed closer to the side street than the principal building.
C.
Swimming pools, where permitted, must be located at least six feet from a principal building and not less than four feet from any property line. In-ground swimming pools or any pool above two feet in height shall be at least 10 feet from a principal building.
D.
The swimming pool or the yard on which it is located shall be surrounded by a fence that shall be not less than four feet high. If there is a gate in the fence, it shall be of the self-closing variety and shall be kept locked at all times when the pool is unattended.
E.
No swimming pool shall be located under electrical lines or over existing utility lines.
F.
Swimming pools shall comply with all other applicable regulations of all Borough codes.
G.
A permit must be obtained from the Zoning Officer prior to the construction, assembly, or installation of a pool.
§ 182-100 Lighting.
A.
Apartments and multifamily dwellings and nonresidential buildings shall be properly lit to National Electric Code standards to assure safe driving conditions at night as well as security and safety of residents and patrons. All lighting shall be designed to protect neighboring properties from glare.
B.
All driveways and off-street parking areas for commercial and institutional uses must be adequately lit to assure safe driving and maneuvering conditions at night as well as the security and safety for residents and patrons.
C.
The maximum height of light poles shall be 20 feet all districts.
§ 182-101 Satellite antennas.
The following provisions shall regulate satellite antennas. In this section, the words "antenna" or "antennas" refer to satellite antennas.
A.
Satellite antennas shall be permitted in all zoning districts.
B.
The maximum diameter of satellite antennas shall not exceed 24 inches.
C.
All satellite antennas shall be adequately grounded to prevent against a direct strike of lightning.
D.
The installation of antennas shall be in accordance with all applicable local, state or federal codes and regulations.
E.
Satellite antennas shall be located so as to minimize the visual impact on adjacent properties. Where possible they shall be located in a side or rear yard.
F.
In the C-1 and C-2 Commercial Districts, satellite antennas shall not be located on the front wall of any structure and preferably on the roof.
§ 182-102 Refuse.
A.
Unless specifically stated otherwise for a particular district, all refuse shall be placed in closed, verminproof containers.
B.
In the case of multifamily dwellings and nonresidential buildings, all refuse receptacles shall be effectively screened from the view of residents and from public streets and sidewalks by means of fence, wall, and plantings. All such receptacles shall be placed on the property responsible for the refuse.
C.
Temporary dumpster(s) shall be permitted in all districts for a period not to exceed 90 days, provided that a permit is obtained from the Borough as per the requirements of § 182-150D relating to the permits for the placement of temporary structures or uses. A maximum of two temporary permits may be obtained per calendar year.
§ 182-103 No-impact home-based businesses.
A.
No-impact home-based businesses shall be permitted as an accessory use in the R-1, R-2, and RM Residential Districts.
B.
The business activity shall be compatible with the residential use of the property.
C.
The business shall have no employees other than family members residing in the dwelling.
D.
There shall be no display or sale of retail goods and no stockpiling of inventory.
E.
The business may not use any process or equipment that creates noise, vibration, glare, fumes, odors or electrical or electronic interference with radio and television signals.
F.
The business may not discharge any solid waste or sewage discharge that is not normally associated with residential use.
G.
The business may not occupy more than 25% of the gross floor area of the residence.
H.
There shall be no outside appearance to the business.
§ 182-104 Religious use.
A.
Churches, synagogues, mosques, and other places of worship, including accessory uses such as rectories or classrooms for instruction, shall be permitted by right in the C-1 and C-2 and as a special exception in the R-1 and R-2 Districts subject to the following regulations:
Standard | Size | |
|---|---|---|
Lot area | 1/4 acre, minimum | |
Front yard | 15 feet | |
Side yard | 15 feet | |
Rear yard | 15 feet | |
Building coverage | 55%, maximum | |
Impervious surface | 75%, maximum | |
Height | 35 feet, maximum |
§ 182-105 Funeral home or mortuary.
A funeral home or mortuary shall be permitted only by right in the C-2 Commercial District subject to the following regulations:
A.
The site shall be located so as to have one property line abutting a major or secondary thoroughfare.
B.
Adequate points of access shall be provided to and from any major or secondary thoroughfare.
C.
No building shall be located within 30 feet of a residential district.
§ 182-106 Recycling facilities.
One type of recycling facility is permitted in the Borough: small collection facilities. Small collection facilities shall be permitted as an accessory use on public land only in R-1, R-2, and RM Residential Districts.
A.
No collection facility shall be located less than 30 feet from a public street to ensure safety.
B.
Small collection facilities may be placed on surplus parking spaces.
C.
Parking for recycling facilities shall be provided in accordance with applicable provisions of Article XII.
D.
Trash and debris on site shall be cleaned up on a daily basis.
E.
The name and phone number of the business or person responsible for the operation and maintenance of the collection facility will be displayed on the containers.
F.
Overnight collection areas shall be adequately lighted, well kept and secure from unauthorized entry.
G.
Collection facilities shall provide sufficient room to accommodate customers and business traffic.
H.
Certification and permits shall be obtained as required from the appropriate local, state, or federal agencies.
§ 182-107 Screening.
A.
A planted visual screen, as defined in Article II, shall be provided and maintained under the following circumstances. In case of conflict between a regulation in this article and that in any individual district, the regulation in the individual district shall prevail.
(1)
When a commercial or municipal use is developed or improved adjacent to an existing residential use or district.
(2)
When a commercial or municipal use is improved/expanded in the direction of an existing residential use or district.
(3)
When a multifamily or townhouse development is proposed to abut an existing single-family dwelling.
(4)
Any other instance where screening is required by this chapter, by the Borough, or by the Zoning Hearing Board.
B.
Screening shall comply with the following requirements:
(1)
The planted visual screen shall consist of species indigenous to the area so as to provide a year-round visual barrier.
(2)
Such screens shall incorporate earthen mounds or berms, where possible, to improve sound as well as visual buffering.
(3)
Trees shall have at least a two-and-one-half-inch caliper when planted, shall be placed closer than five feet to the property line, and shall include both deciduous and evergreen species.
(4)
Placement of screening material shall not obscure sight lines at intersections.
(5)
All mechanical equipment not enclosed in a structure shall be fully and completely screened and landscaped in a manner compatible with the style of the buildings on the site.
C.
Upon a recommendation of the Planning Commission, an opaque privacy fence or wall may be substituted for the planted screen required above. Such alternate screening must be constructed and placed so as to clearly provide an effective visual barrier.
§ 182-108 Landscaping.
A.
General regulations.
(1)
Any part or portion of a site which is not used for buildings or other structures, loading and parking spaces, aisles, sidewalks, and designated storage areas shall be planted and maintained with grass and landscaping. Maximum advantage shall be taken of existing trees and shrubs in landscaping.
(2)
All landscaped planting areas shall be planted with grass seed, sod, or other ground cover and shall be maintained and kept clean of all debris, rubbish, weeds, and tall grass; provided, however, that if such land is naturally wooded, it may continue in its natural state.
(3)
Unless otherwise specified, landscaped planting areas may be part of the required front, side, and rear yards.
(4)
Except for single-family and two-family dwellings, any part or portion of a site which is not used for loading and parking spaces, aisles, sidewalks, and designated storage areas shall be landscaped according to an overall plan prepared and approved as part of the development plan or shall be left in its natural state. A replacement program for nonsurviving plant material should be included.
B.
Landscaping plans.
(1)
Except for single-family and two-family detached dwellings, landscaping shall be installed and maintained in accordance with a landscape plan prepared by a registered landscape architect and approved by the Borough Council. The landscape plan shall depict all proposed plantings which relate to, complement, screen, or accentuate buildings, roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards, and other site features.
(2)
The landscaping plan shall be coordinated with the development plan and shall show the location, type, size, height, and other characteristics of the proposed landscaping.
(3)
The plan shall be accompanied by, or shall include information regarding, the continued maintenance of plantings, indicating that all plantings will be replaced if damaged, diseased, or dead, in locations shown on the approved plan.
C.
Specific requirements.
(1)
Landscaping shall be provided as required in this section in the case of new construction or expansion of a building or structure.
(2)
No fewer than three evergreen and/or deciduous shrubs shall be planted for every 24 feet of building and/or lot frontage, as required below:
Zoning District or Use | Minimum Landscape Requirements | |
|---|---|---|
Commercial districts | 3 feet wide landscaped planted areas along principal road frontage | |
Parking areas | See Article XII |
§ 182-109 Stormwater management.
Chapter 157, Stormwater Management, of the Code of the Borough of Parkside, and all applicable state and federal regulations shall regulate all conditions and activities related to stormwater management in the Borough.
§ 182-110 Fire protection.
Activities and conditions related to fire protection shall be regulated by the latest adopted version of the Pennsylvania Uniform Construction Code[1] and all other applicable local, state, and federal regulations.
§ 182-111 Property maintenance.
§ 182-112 Licensing, inspection and eligibility requirements for rental units.
All rental units must comply with all applicable federal, state, and Borough codes.
§ 182-113 Compatibility standards for unlisted uses.
In cases where the Zoning Hearing Board is to decide whether a proposed use that is not listed as a permitted use in this chapter is of the same general character as the listed uses, the Board shall make its determination by applying the standards listed below:
A.
Extent of processing, assembly, warehousing, shipping and distribution done on the premises of any dangerous, hazardous, toxic or explosive materials.
B.
The nature and location of storage and outdoor display of merchandise and the predominant items stored.
C.
The type, size and nature of buildings and structures supporting the use.
D.
The number of employees and customers in relation to business hours and employment shifts.
E.
The business hours during which the use is in operation or open for business, ranging from seven days a week, 24 hours a day, to several times a year, such as sport stadiums or fairgrounds.
F.
The transportation requirements for people and freight, by volume, type, and characteristics of traffic generation to and from the site, trip purposes and whether trip purposes can be shared with other uses on the site.
G.
Parking characteristics, turnover and generation, ratio of the number of spaces required per unit area, or activity and potential for shared parking with other uses.
H.
The tendency for attracting or repelling criminal activities to and from or on the premises.
I.
The amount and nature of nuisances generated on the premises, such as noise, smoke, odor, glare, vibration, radiation, and fumes.
J.
Any special public utility requirements for the use, such as water supply, wastewater output, pretreatment of wastes and emissions recommended or required, and any significant power structures and communication towers or facilities.
§ 182-114 Design standards for new construction and redevelopment.
This section shall apply to structures constructed after this chapter is adopted and to new additions of 400 square feet or more:
A.
Unless stated otherwise, the following provisions shall apply to design considerations in the C-1 and C-2 Commercial Districts:
(1)
Buildings shall contain materials, windows, doors, and architectural details that are generally compatible with those features in nearby and adjacent buildings.
(2)
Unscreened, flat, blank walls shall be avoided in order to provide a pleasant pedestrian experience whereby activities within a structure can be seen and connected to the adjacent sidewalk and/or a transit stop.
(3)
At the front at street level of commercial and mixed-use buildings, not less than 50% of the length and 25% of the wall surface must be in public entranceways, windows, or retail/service display windows.
(4)
The street facade of principal structures shall have at least one street-oriented entrance and contain the principal windows of the structure.
(5)
Utilities shall be placed underground in new developments.
(6)
Automobile entrances to the site shall be placed in such a way as to maximize safety and efficient traffic circulation and minimize impact on surrounding areas.
(7)
Along new public streets, new developments and redevelopment, including commercial and mixed-use buildings, sidewalks, or walkways not less than five feet wide along state-owned roads and four feet wide along Borough-owned roads shall be required in front of and/or adjacent to said street development or principal building.
(8)
Where feasible, practical, and appropriate, the Borough will encourage the construction and use of sidewalks that meet the standards contained in the PennDOT Smart Transportation Guidebook.
(9)
Walkways that cross parking, loading, or driveway areas must be clearly identifiable through the use of elevation changes, different paving materials, or other similar methods.
(10)
Pedestrian amenities such as benches, public art, picnic areas, seating areas, fountains, planters, etc., shall be located in landscaped areas, open spaces, plazas, or along public streets.
(11)
Lighting shall be provided in parking areas and pedestrian paths to ensure safety and convenience.
(12)
Parking garages shall be served by pedestrian walkways and connected to the sidewalk/pedestrian system. These walkways shall be clearly marked and continuous in design.
B.
The following provisions shall apply to design considerations in the R-1, R-2, and RM Districts:
(1)
New residential dwellings shall be generally consistent with the design of existing neighborhood dwellings.
(2)
Sidewalks shall be constructed along the frontage of all new residential buildings and new additions of 400 square feet or more.
(3)
Utilities shall be placed underground in new developments.
(4)
Stairs and ramps consistent with ADA standards shall be provided where necessary to provide safe route between a dwelling and the street and sidewalk.
(5)
The street facade of principal structures should have at least one street-oriented entrance and contain the principal windows of the structure.