Penn Hills Township
City Zoning Code
City Zoning Code
CHAPTER 1278
Performance Standards
§ 1278.01 Application of Chapter.
[Ord. 2121, passed 11-9-1992]
The following regulations shall apply to all uses and use districts unless otherwise specified.
§ 1278.02 Off-Street Parking.
[Ord. 2121, passed 11-9-1992; Ord. 2420, passed 5-3-2004]
The number of off-street parking spaces (serving a building or use) existing on the effective date of this Zoning Code shall not be reduced below that required for a similar new building or new use by this Zoning Code, or further reduced if the number of spaces available is already less than required by this Zoning Code. Off-street parking spaces provided to comply with the terms of this Zoning Code shall not be subsequently reduced below the requirements of this Zoning Code. The granting and continued validity of a certificate of use, occupancy, and compliance, issued after the effective date of this Zoning Code, shall be conditional upon compliance with these parking requirements. Where the owner or operator of a use of land must satisfy the requirements for off-street parking by leasing spaces, he or she shall provide an executed copy of the lease agreement and shall provide a signed statement that the owner understands that an occupancy permit is subject to the continuance of such lease agreement or to the required parking spaces being otherwise provided.
(a)
General Provisions.
(1)
Computation. When calculation of the required amount of off-street parking results in a requirement of a fractional space, a fraction shall be counted as an entire parking space.
(2)
Size. A required off-street parking space shall be at least nine feet wide by 20 feet in length, exclusive of access drives, aisles or ramps.
(3)
Street Access. Each required off-street parking space shall open directly upon an aisle or drive of such design as to provide safe and efficient means of access to a street in a manner which will least interfere with traffic flow.
(4)
Surfacing. All driveways and open off-street parking spaces shall be surfaced with a bituminous or concrete surface, except those for single-family residences and properties in I-1 and I-2 Districts, which may be of alternative dust-free surfaces.
(5)
Lighting. All parking areas in B, M, and I Districts shall be suitably illuminated for night use. Any lighting used to illuminate off-street parking areas shall be directed away from Residential Districts or uses.
(6)
Handicapped Parking. An appropriate number of handicapped parking spaces must be provided. The number, design, and location of these spaces must be provided in conformance with Federal and State laws.
(b)
Collective Parking. Off-street parking for separate uses in B, M, and I Districts may be provided collectively only if the total of such off-street parking spaces shall be at least equal to the number of spaces required for the various uses if computed separately. Applicable regulations regarding parking space size, location and accessibility shall be complied with.
(c)
Location and Accessibility.
(1)
All required parking spaces for residential uses shall be located on the same lot as the dwelling served.
(2)
No off-street parking shall be located in required transitional yards.
(3)
All off-street parking shall be reasonably accessible to the uses served. In a B-1 and B-3 District, all required parking spaces shall be located within 250 feet (direct walking distance) of a main entrance to the use served. In B-2, M, and I Districts, all required parking spaces shall be located within 700 feet (direct walking distance) of a main entrance to the use served.
(4)
No motor vehicle repair work shall be permitted in conjunction with parking facilities in any district.
(5)
No vehicle, other than a recreation vehicle, whose registration gross weight is in excess of 11,000 pounds shall be permitted as an accessory use in any Residential District.
(6)
Commercial vehicles and vehicles not in running condition shall not be permitted within the public right-of-way, except commercial vehicles which are parked temporarily and otherwise in use for business purposes in conformance with this Zoning Code and other applicable legislation.
(d)
Required Number of Parking Spaces. The minimum number of parking spaces required for each type of use is as follows:
(1)
Retail store, office, or other general commercial use not specified below: The number of spaces shall be the total obtained using the following formula:
(2)
Any production, processing, cleaning, testing activity, or repair of materials, goods or products, and warehouses and storage buildings: one space for each 500 square feet of floor area.
(3)
Automobile service stations: one space for each service bay, plus one space for each employee, but in no case less than four employee spaces.
(4)
Bowling alleys: 10 spaces for each bowling lane.
(5)
Churches: one space for each six seats. Where patrons occupy benches or pews, each 24 inches of seating facilities shall be counted as one seat for the purpose of determining off-street parking requirements.
(6)
Educational institutions: one space for each employee, plus one space for each four students, based upon maximum employee, faculty and student attendance at one time.
(7)
Convention halls, dance halls meeting halls, skating rinks, sports arenas (other than those incidental to schools): one space for each two seats or 50% of capacity (in persons), whichever is greater.
(8)
Single-family dwellings: two spaces per dwelling unit.
(9)
Multifamily dwellings:
A.
Fifty units or less: two spaces per dwelling unit.
B.
Fifty-one units or more: 1.5 spaces per dwelling unit.
C.
Senior citizen housing: Notwithstanding any other provision of this Zoning Code, senior citizen housing shall require a minimum of one parking space for each two dwelling units. All parking spaces shall be on the same lot as the dwelling units.
(10)
Hospitals, nursing homes, convalescent homes: one space for each two employees, plus one space for each five beds.
(11)
Hotels, motels: one space for each lodging room, plus 25% of maximum seating capacity in restaurants, or lounges serving the general public.
(12)
Any establishment serving alcoholic beverages other than specified in Subsection (d)(11) hereof: the number of spaces equal to 35% of the maximum capacity (in persons). Capacity is the total of the number of seats plus one person for each four square feet of floor area in patron service area where stand-up service is provided.
(13)
Restaurants not serving alcoholic beverages: the number of spaces equal to 25% of seating capacity (in persons).
(14)
Libraries, museums: one space for each 500 square feet of floor area.
(15)
Medical or dental clinics: the number of spaces as determined by Subsection (a) hereof.
(16)
Private clubs and lodges: the number of spaces as determined by Subsection (a) hereof.
(17)
Theatres and auditoriums: one space for each four seats.
(19)
Other: For all uses which could not reasonably be placed in one of the above classifications, the required number of spaces shall be determined by the Planning Commission.
(e)
Parking Area Designs.
(1)
Concrete curbing shall be provided along the perimeter of parking areas to contain and control cars, direct surface drainage, and control erosion. Curbing may be eliminated or interrupted in approved areas to facilitate stormwater management design.
(2)
Line Markings shall be provided to separate parking stalls. Double three-inch-wide lines separated by 12 feet to 15 feet are suggested.
(3)
Parking lot gradients shall be maximum 5% cross slope, and maximum 7% longitudinal slope.
(4)
The following curb-to-curb widths shall be minimum requirements in parking areas:
A.
Ninety-degree parking/double-loaded, with cars free to overhang curbs, width curb-to-curb to be a minimum of 62 inches. Area behind curbs shall be clear of structures, trees or hedges for a minimum distance of four feet.
B.
Sixty-degree parking/double-loaded, with cars free to overhang curbs, width curb-to-curb to be a minimum of 58 inches. Area behind curbs shall be clear of structures, trees or hedges for a minimum distance of four feet.
C.
Forty-five-degree parking/double-loaded, with cars free to overhang curbs, width curb-to-curb to be 52 inches minimum.
(5)
All parking areas in areas in B and M Districts are to be paved bituminous or concrete surfaces. Alternative surfaces may be given consideration in I, R, and C Districts to facilitate proper stormwater management. (See the Subdivision Regulations.)
(6)
Parking areas are to be designed in such a way as to avoid the necessity of vehicles backing onto the street right-of-way in order to exit.
§ 1278.03 Off-Street Loading.
[Ord. 2121, passed 11-9-1992]
Off-street loading berths accessory to uses permitted in the various use districts shall be designed in accordance with the following regulations and any other applicable provision of this Zoning Code.
(a)
Location. All proposed loading berths shall be located on the same lot as the use served. No loading berths for vehicles over two tons capacity shall be closer than 30 feet to a Residential District or use unless completely enclosed by building walls, or a uniformly painted wall or fence, or any combination thereof, not less than six feet in height. No loading space shall be located within 30 feet of the nearest point of intersection of any two streets. No loading space shall be located in a required front or transitional yard. Any loading berth located in a required rear yard or side yard may be covered only by a weatherproof covering.
(b)
Size. Unless otherwise specified, a loading berth shall be at least 35 feet long and 10 feet wide, not including aisle and maneuvering space.
(c)
Access. Each off-street loading space shall be designed with appropriate means of vehicular access to a street in a manner which will least interfere with pedestrian and vehicular traffic.
(d)
Surfacing. All drives and loading berths shall be surfaced with a bituminous or concrete surface.
(e)
Repair and Service. No motor vehicle repair work or service shall be permitted in loading spaces.
(f)
Loading Space Not Applicable to Parking Space Requirements. Space allocated to off-street loading shall not be used to satisfy the requirements for off-street parking.
§ 1278.04 Number of Buildings on a Zoning Lot.
[Ord. 2121, passed 11-9-1992]
Only one principal residential structure shall be located on a zoning lot, except in a planned development or in an R-4, R-5, R-6 or R-7 Use District.
§ 1278.05 Accessory Buildings.
[Ord. 2121, passed 11-9-1992]
No permanent accessory building or structure shall be constructed on any lot prior to the time of construction of the principal structure to which it is necessary.
§ 1278.06 Space and Yards.
[Ord. 2121, passed 11-9-1992; Ord. 2420, passed 5-3-2004]
(a)
Continued Conformity with Bulk Regulations. The maintenance of yards, courts and other open space and minimum lot areas legally required for a building shall be a continuing obligation of the owners of a structure and the property on which it is located. No legally required yards, other open space or minimum lot areas shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space, or minimum lot area requirements for any other buildings.
(b)
Division of Zoning Lots. No zoning lot shall hereafter be divided into two or more zoning lots and no portion of any zoning lot shall be sold unless all zoning lots resulting from each subdivision or sale shall conform with all bulk regulations of the use district in which the property is located, and the requirements of the Subdivision and Land Development Ordinance.
(c)
Location of Required Open Space. All yards, courts and other open spaces shall be located on the same zoning lot as the structure or structures that constitute the use.
(d)
Required Yards and Existing Buildings. No yards, now or hereafter provided for a building existing on the enactment date of this Zoning Code, shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this Zoning Code for similar new construction.
(e)
Permitted Obstructions in Required Yards. The following shall not be considered to be prohibited obstructions when located in the specified required yards:
(1)
In all required yards. Recreation equipment, flag poles, window awnings, permitted open off-street parking space, outdoor lamp posts, one-story bay windows, cantilever floors, overhanging eaves and gutters projecting 18 inches or less into the yard.
(2)
A.
In required front yards. Walls, fences, or hedges not exceeding four feet in height, shrubs and trees, providing there is a substantially unobstructed view between four feet and 10 feet above ground level, open porches not more than one story or 14 feet in height, extending eight feet or less into the yard, provided no porch shall be constructed closer to the side lot than the required width of the side yard, enclosed vestibules not exceeding 25 square feet and not projecting more than five feet into the yard, and signs as permitted by other provisions of this Zoning Code.
Exception: On corner lots, properties with two or more front yards, the maximum height of fences, hedges, and shrubbery shall be three feet in height.
B.
In required side and rear yards, there are no limits on vegetation. Fences, walls, and retaining walls are limited to eight feet in height unless a permit is issued by the Department of Planning and Economic Development. The Department must determine that fences, walls, and retaining walls in excess of eight feet in height are not detrimental to adjacent properties and otherwise in compliance with local ordinances.
(3)
Outdoor Storage. Uses otherwise permitted may utilize property for outdoor storage in conformance with the following performance standards:
A.
All proposed outdoor storage must be completely screened from view from all surrounding property. Screening must be in the form of an opaque fence approved by the Penn Hills Planning Commission.
B.
No outdoor storage shall be permitted in required front and/or side yards.
D.
The Planning Commission may impose minimum and/or maximum height requirements for fencing depending upon the nature of materials to be stored and the conditions of surrounding property. The Planning Commission may impose location, size, and height requirements for fencing above and beyond other bulk and area regulations in this Zoning Code.
E.
The Planning Commission may impose other conditions as necessary to protect adjacent properties and/or control aesthetics.
The above standards shall not apply to single-family residences, and incidental sales of small retail goods, sidewalk sales, outdoor cafes, and similar outdoor activities. Such incidental sales are subject to the approval of the Department of Code Enforcement, providing they do not interfere with pedestrian or vehicular traffic, or otherwise present a detriment to adjacent uses.
(4)
Portable Storage Containers. Portable storage containers may only be used in compliance with this subsection.
[Added 1-17-2017 by Ord. No. 2017-2592]
A.
Definitions.
1. PORTABLE STORAGE CONTAINERS, PSC UNIT, OR PSCs
As used in this subsection, the following terms shall have the meanings indicated:
Any portable container, storage unit or other portable structure that is leased and used for the temporary storage of personal property relating to the residential premises on which it is located for the purpose of storing and/or moving household materials.
C.
Duration.
1.
PSC units may remain in place a maximum of 14 days from the date of placement.
2.
In the event the PSC unit is not going to be removed at the expiration of the fourteen-day period, the property owner shall submit a written extension request to the Department of Code Enforcement. Code Enforcement may, at its discretion, grant extension requests for good cause shown and demonstrated.
D.
Contents.
1.
PSCs shall be used for the temporary storage of personal property relating to the premises on which the unit is located only. No storage of any commercial or business-related items is permitted.
2.
Hazardous materials including flammable and biohazard substances shall not be stored in the containers.
E.
Location.
1.
PSC units must be placed on paved off-street surfaces.
2.
PSC units shall not be located in any setback areas, required open space, landscaped area, on any sidewalk or trail, or in any location that blocks or interferes with any vehicular and/or pedestrian circulation, and shall be located in accordance with all applicable building and fire code regulations for the purpose of ensuring safe ingress and egress to dwellings, access to utility shutoff valves, and for fire protection. Such containers shall also be subject to any applicable sight distance provisions.
F.
Number, Size and Condition.
1.
No more than one PSC unit may be placed on any residential property at one time.
2.
No PSC shall exceed a maximum size of eight feet by eight feet by 16 feet (124 square feet).
3.
All PSCs shall be in a condition free from rust, peeling paint and other forms of deterioration. The PCS unit shall be maintained so that it is rodent, vermin and insect-free.
(f)
Prohibited Obstructions. In all use districts, the accumulation of waste, used or second-hand materials, scrap materials, scrap metals, dismantled vehicles, paper, rags, tires, and construction materials are prohibited except where, in conjunction with a permitted use of land, a permit has been issued by the Code Enforcement Officer, or where such materials are being immediately used in the improvement or construction of an approved use or structure.
(g)
Temporary Buildings for Construction Purposes. Such buildings are permitted in all use districts for the duration of construction, or for two years, whichever is less. A building permit is required for such buildings.
§ 1278.07 Sidewalks.
[Ord. 2121, passed 11-9-1992]
(a)
Sidewalks shall be installed along the entire length of portions of the site which abut Municipal, County, or State rights-of-way unless expressly waived by the Planning Commission. Sidewalk waivers, if granted, shall be on a temporary basis until sidewalks are constructed on adjacent properties and only after the applicant has demonstrated just cause.
(b)
Sidewalks shall be installed along at least one side of all parking areas, entrance drives and streets providing for safe, pleasant, and efficient pedestrian circulation from all parking stalls to all entrances to structures.
(c)
At least one means of access to all public and commercial buildings shall be provided to accommodate handicapped individuals. Ramp gradient, requirement of railings and treatment of pavement surfacing shall comply with applicable requirements of the Pennsylvania Department of Labor and Industry.
(d)
Sidewalks adjacent to any public right-of-way are to be constructed in accordance with Chapter 1028 of these Codified Ordinances, including concrete curbing.
(e)
Internal sidewalks shall be of concrete, pre-cast blocks, terrazzo (textured surface only), brick, flagstone, rubblestone or blackstone.
§ 1278.08 Streets in Business, Industrial and Multifamily Residential Districts.
[Ord. 2121, passed 11-9-1992]
(a)
The location and design of entrance, service and delivery roads shall be in accordance with the Pennsylvania Department of Transportation guidelines for design of local roads and streets, the Penn Hills Standards for Construction and other applicable standards contained in this Zoning Code.
(b)
Concrete curbs shall be installed on sides of roads as required to contain vehicular traffic, protect pedestrians and reduce maintenance of adjacent seeded or planted areas. Curbing may be eliminated or interrupted in approved areas to facilitate stormwater management design.
(c)
Center line markings on roads and drives shall be installed to guide and control traffic flows.
(d)
Line markings shall be installed to define and control parallel parking on roads and drives.
(e)
All surface shall be paved with concrete or bituminous material.
§ 1278.09 Driveways in Single-Family Residential Districts.
[Ord. 2121, passed 11-9-1992]
(a)
A highway occupancy permit must be approved prior to the issuance of a building permit for a single-family home, the revision of an existing driveway, or the connection of a new driveway to a public or private street.
(b)
A landowner must obtain a highway occupancy permit from the Pennsylvania Department of Transportation for connection to a State road and from the Allegheny County Department of Permits for connection to a County road.
(c)
A landowner must obtain a highway occupancy permit to a local public or private street as follows:
(1)
The submission of a plot plan indicating the proposed driveway location together with an application for a building permit shall be deemed sufficient when a driveway is associated with the construction of a new home. The issuance of the building permit will also be deemed to be the issuance of the highway occupancy permit.
(2)
A landowner who desires to substantially modify an existing driveway, relocate or connect a new driveway shall submit a plot plan indicating the location and design features of the driveway to the Department of Code Enforcement together with an application for a highway occupancy permit.
(3)
The Department of Code Enforcement shall issue a highway occupancy permit upon a finding of compliance with the following standards:
A.
The proposed driveway location and design must provide for the safe movement of vehicles to and from the property.
B.
Whenever possible, the driveway must be designed to prevent vehicles from having to back up into the street.
C.
The driveway location and design must be in conformance with the Penn Hills Standards of Construction.
D.
The landowner is responsible for the protection of and necessary repairs to existing street pavement, curbs and sidewalks.
E.
The Department of Code Enforcement may impose necessary conditions to adequately safeguard public safety and adjacent properties.
(d)
None of the requirements of the section shall be construed to prevent the normal maintenance of a driveway, the pavement of a gravel driveway, or minor changes in the dimensions of an existing driveway, without a permit. The Department of Code Enforcement's primary interest is the design and configuration of the driveway as it intersects with the street. Under normal circumstances modifications to existing driveways that have no affect on the intersection will not require a permit.
§ 1278.10 Excavating, Grading and Site Preparation.
[Ord. 2121, passed 11-9-1992]
(b)
No changes shall be made in the contour of the land, and no grading, excavation, removal or destruction of the topsoil, trees of other vegetative cover of the land shall be commenced until such time as a plan for minimizing erosion and sedimentation has been processed with, and reviewed by, the Municipality, or there has been a determination by the Municipality that such plans are not necessary. Measures used to control erosion and reduce sedimentation shall, as a minimum, meet the standards and specifications of the Allegheny County Conservation District. The Engineer, or other officials as designated, shall insure compliance with the appropriate specifications, copies of which are available from the Conservation District or the Municipality of Penn Hills. The following measures are effective in minimizing erosion and sedimentation and shall be included where applicable in the control plan.
(1)
Stripping of vegetation, regrading or other development shall be done in such a way that will minimize erosion.
(2)
Development plans shall preserve salient natural features, keep cut/fill operations to a minimum, and insure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff.
(3)
Whenever feasible, natural vegetation shall be retained, protected and supplemented.
(4)
The disturbed area and the duration of soil exposure shall be kept to a practical minimum.
(5)
Disturbed soils shall be stabilized as quickly as practicable.
(6)
Temporary vegetation and/or mulching shall be used to protect exposed critical areas during development.
(7)
The permanent final vegetation and structural erosion control and drainage measures shall be installed as soon as practical in the development.
(8)
Provisions shall be made to effectively control runoff caused by changed soil and surface conditions before, during, and after construction. Where necessary, the rate of surface water runoff shall be structurally retarded.
(c)
Whenever sedimentation is caused by stripping vegetation, regrading, or other development, it shall be the responsibility of the person, corporation, or other entity causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses, and to repair any damage at his expense as quickly as possible.
(d)
Maintenance of all roads, streets, parking areas, drainage facilities and watercourses within any land development is the responsibility of the developer until formally accepted by the Municipality.
(e)
It is the responsibility of any person, corporation, or other entity performing any act on, or across, a communal stream, watercourse, or swale, or upon the flood plain or right-of-way thereof, to maintain as nearly as possible in its present state, the stream, watercourse, swale, flood plain or right-of-way during the pendency of the activity, and to return it to its original or equal condition after such activity is completed.
(f)
The maintenance of drainage facilities or watercourses originating and completely on private property is the responsibility of the owner to the point of open discharge at the property line or at a communal watercourse within the property.
(g)
No person, corporation, or other entity shall block, impede the flow of, alter, construct any structure, or deposit any material or thing, or commit any act which will affect normal or flood flow in any communal stream or watercourse, without having obtained prior approval from the Municipality or the State Department of Environmental Resources.
§ 1278.11 Storm Drainage.
[Ord. 2121, passed 11-9-1992]
(a)
All uses or lots in all zoning districts shall comply with the applicable requirements and standards for managing stormwater runoff in accordance with the Municipal Subdivision and Land Development Ordinance.
(b)
Agricultural activities, nurseries and forestry management operations, where permitted by this Zoning Code, shall be required to provide for the safe management of stormwater runoff in accordance with the requirements of the subdivision/land development ordinance. However, the submission and approval of a stormwater management plan shall be waived when:
(1)
Agricultural activities are operated in accordance with a conservation plan or erosion and sedimentation control plan approved by the Allegheny County Conservation District.
(2)
Forestry management operations are following Pennsylvania Department of Environmental Resources management practices contained in its publication, "Soil Erosion and Sedimentation Control Guidelines for Forestry," and are operating under an erosion and sedimentation control plan.
(c)
Strip mining, where permitted by this Zoning Code, shall have a plan for control of erosion and sedimentation and stormwater runoff which is approved by the Pennsylvania Department of Environmental Resources. If the strip mining operation is located within a watershed(s) for which a stormwater management plan has been approved in accordance with the requirements of the Storm Water Management Act, then the erosion/sedimentation plan and any permanent stormwater runoff controls shall be consistent with the standards and criteria of the watershed stormwater management plan. A copy of the State-approved erosion/sedimentation plan shall be filed with the Municipality prior to commencing mining operations.
(d)
Storm inlets and structures shall be designed to be adequate, safe, self-cleaning, and unobstructive, and shall be consistent with Penn Hills Standards for Construction.
(e)
Endwalls or discharge points shall be located to discharge into existing streams or watercourses with no damage to adjacent property. Design of endwalls is to be approved by the Municipal Engineer. Secure legal advice on discharge where private property may be violated.
§ 1278.12 Preservation of Vegetation.
[Ord. 2121, passed 11-9-1992]
(a)
Removal of Vegetation. No removal of trees, shrubbery, foliage, grass, or other natural growth shall be permitted, except in conformance with the provisions of this Zoning Code.
(b)
Clear-Cutting Prohibited. The cutting of trees and clearing of vegetation for the sole purpose of clearing land, not incidental to imminent development, is prohibited.
(c)
Land Development. No alteration of vegetation incidental to development shall be undertaken, except in conformance with this Zoning Code.
§ 1278.13 Landscaping.
[Ord. 2121, passed 11-9-1992; Ord. 2281, passed 10-7-1997]
(a)
General Requirements.
(1)
Planting shall complement and accentuate the best features of the building(s) and site.
(2)
Planting shall provide essential shade, effective cooling, sound and light control by screening and traffic control when required.
(3)
Planting shall be organized to minimize maintenance by:
A.
Selecting hedge and screen plants which tolerate clipping or shaping.
B.
Installing fences and screens located at the edge of paving, placed at least six inches inside outer edge of paving.
C.
Treating major slope and removed areas with crown vetch for a permanent, low-maintenance, attractive cover. Comply with the Subdivision and Land Development Ordinance.
(4)
It shall be the responsibility of the owner/applicant to assure the continued growth of all required landscaping and/or to replace the same in the event of frost, vandalism, or other reasons for discontinued growth.
(5)
All front and side yard areas shall be seeded.
(6)
All required deciduous trees shall be a minimum of two inches in caliper at a point one foot above the ground.
(7)
During the site plan review process, the Planning Department and/or the Planning Commission may impose additional landscaping requirements not normally required under this section, to provide for additional erosion control, buffer areas, or additional screening.
(b)
Residential Areas.
(1)
In addition to general requirements, at least two deciduous trees for each single-family dwelling unit and one deciduous tree for each multifamily dwelling unit shall be required. In single-family districts, the trees required by this subsection must be planted in the front yard area.
(2)
In multifamily districts, evergreen trees shall be required to be planted in all side and rear yard areas which abut any single-family residential zone. One evergreen tree shall be required for each ten-foot length of side yard and/or rear yard abutting a single-family residential zone. Evergreen trees shall be a minimum of three feet in height at the time of planting.
(3)
In multifamily districts, parking areas shall be divided every 90 feet, or 10 stalls, with a planting strip of three feet minimum width.
(c)
Business and Industrial Zones.
(1)
In addition to general requirements, at least one deciduous tree for each 300 square feet of floor area shall be required.
(2)
All transitional yards shall require a belt of landscaping at least five feet in width of massed plantings, which plantings shall consist of one deciduous tree for each 2,000 square feet of paved area, and one evergreen tree for each five-foot length of side yard and/or rear yard abutting a residential zone. Evergreen trees shall be a minimum of three feet in height at the time of planting.
(3)
Parking areas shall be divided every 15 stalls, or 135 feet, with planting strips of three feet minimum width, unless alternative plans are approved by the Planning Commission.
(4)
When abutting public rights-of-way, the exterior perimeters (property lines) of all parking areas shall be landscaped with a buffer strip of not less than three feet in width. These buffer strips shall include one tree for each 50 linear feet, or fraction thereof, of perimeter. Also, within these buffer strips, a hedge, decorative masonry wall, or other durable landscape barrier shall be installed in such a manner as to screen the parking area from the public right-of-way. If such barrier is of non-living material, its height, design, and location must be approved, and for each 10 linear feet of said barrier, the equivalent of two shrubs shall be planted between the barrier and the right-of-way. Said barrier is to be placed a minimum of three feet inside the property line. The remainder of the landscape strip shall be improved with grass, ground cover, shrubs, or other landscape treatment, excluding paving or sand.
(5)
Where parking areas abut property zoned for non-residential use, the requirements of Subsection (f)(4) hereof and this subsection shall be devoted to interior landscaping. Any perimeter landscaping provided in excess of that required by Subsection (f)(4) hereof and this subsection may be counted as part of the interior landscaping requirement.
(6)
An area, or combination of areas, equal to 10% of the total paved area, exclusive of perimeter landscape buffers required by Subsection (f)(4) and (5) hereof shall be devoted to interior landscaping. Any perimeter landscaping provided in excess of that required by Subsection (f)(4) and (5) hereof may be counted as part of the interior landscaping requirement.
(d)
R, C, B, M and I Districts. In addition to the previous requirements, uses in any R, C, B, M, or I District must comply with the following provisions:
(1)
All deciduous trees shall be supported by securely anchored guy wires.
(2)
Ground covers shall consist of the following materials: seed, sod or derivative organic material. Rock or gravel ground cover shall not be permitted except that large rocks may be used to accentuate a landscape feature or provide an oriental garden effect.
(3)
In any district or use, no person shall cut, destroy, cause to be destroyed, move, or remove six or more trees with a trunk diameter of six inches or more measured three feet from the ground, without first obtaining a written permit from the Code Enforcement Officer. The following requirements shall be met before a permit is issued:
A.
The applicant shall be the owner of the property or must be an agent of the owner.
B.
The applicant shall show that the proposed removal of natural growth is necessary for imminent development of the property, for agricultural purposes, or to improve the utility, appearance or safety of the property.
C.
Adequate provision for the disposition of increased surface water drainage shall be shown to be provided. Such additional surface water drainage shall be controlled so as to prevent any increased and undue burden on adjacent streets, public or private property.
D.
As a condition for approval of the removal of vegetation, the Code Enforcement Officer may require that suitable replacement trees be planted elsewhere on the site, if necessary, for environmental, health or safety purposes.
(e)
Telecommunication Tower Sites. Telecommunications tower sites shall be required to comply with the following landscaping requirements:
(1)
Landscaping and planting shall be provided for a depth of 10 feet along all public rights-of-way and all property lines abutting the telecommunications site.
(2)
Landscaping, consisting of trees and shrubs, shall be required at the perimeter of the security fence. Evergreen trees, of a minimum of six feet in height at the time of planting, shall be planted a minimum o 15 feet from each other, around the perimeter of the security fence.
(3)
Landscaping with approved shrubbery of not less than three feet in height at the time of planting shall also be provided within the interspersed areas of the evergreen trees around the perimeter of the security fence.
(4)
Landscaping, consisting of evergreen shrubs, a minimum of three feet tall shall be planted around the telecommunications facility building in planting strips of a minimum of five feet in depth.
(5)
Existing landscaping or vegetation that may be used for screening shall be preserved to the maximum extent possible.
§ 1278.14 Lighting.
[Ord. 2121, passed 11-9-1992]
(a)
All sidewalks, pedestrian walkways, steps and grade changes shall be suitably lighted at all times. Details of proposed lighting fixtures and supports, and the location thereof, shall be submitted as part of the site plan approval application.
(b)
All parking areas shall be lighted with said lighting so arranged as to reflect the light away from all abutting properties. Flood lights projected from buildings shall not be approved unless design specifications are submitted demonstrating that glare will not present a traffic problem or a nuisance to adjacent properties.
(c)
All lighting fixtures are to be installed with underground wiring.
(d)
Electrical service to all new structures shall be underground.
§ 1278.15 Noise.
[Ord. 2121, passed 11-9-1992]
Every use shall be operated so that noise shall be so muffled, or otherwise controlled, as not to become objectionable as a result of intermittence, beat frequency, impulse character (hammering, etc.), periodic character (humming, screeching, etc.), or shrillness.
§ 1278.16 Vibration.
[Ord. 2121, passed 11-9-1992]
Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments at property boundaries.
§ 1278.17 Air Pollution.
[Ord. 2121, passed 11-9-1992]
Regarding fly ash, dust, fumes, vapors, gases and other forms of air pollution, no emission which violates the Air Pollution Control Act, January 8, 1960, P.L. 2119, shall be permitted.
§ 1278.18 Heat, Glare, Radiation and Fumes.
[Ord. 2121, passed 11-9-1992]
Every use shall be so operated that it does not emit an obnoxious or dangerous degree of heat, glare, radiation or fumes beyond the property boundaries.
§ 1278.19 Odors.
[Ord. 2121, passed 11-9-1992]
No use shall emit an offensive odor as to be detectable from property boundaries.
§ 1278.20 Applicability of Other Regulations.
[Ord. 2121, passed 11-9-1992]
All uses of land are governed by applicable Municipal, County, State, and Federal regulations regarding the above activities as well as other activities (e.g., waste treatment and disposal, fire regulations, etc.).
§ 1278.21 Temporary Uses.
[Ord. 2121, passed 11-9-1992; amended 10-19-2020 by Ord. No. 2020-2674]
Temporary uses may be approved by the Planning Department, provided the following conditions are met:
(a)
The property owner must complete a written application form provided by the Municipality, together with an application fee in the amount equal to that required for an occupancy permit.
(b)
The proposed use must be temporary, not to exceed 30 continuous days. Temporary use permits may be renewed, provided a new application is made consistent with the requirements of this section.
(c)
Applicants are responsible for keeping the property free of rubbish and debris at all times, as well as the collection of all rubbish and debris on adjacent properties and rights-of-way generated by the temporary use.
(d)
The Department of Code Enforcement may apply any additional conditions deemed necessary to protect adjacent properties from adverse effects, or to prevent the creation of a public nuisance.
(e)
Temporary uses may not operate and sell products within 1,000 feet of a permanently placed retail vendor who would be in competition with the temporary use.
(f)
Temporary uses are limited to flea markets, Christmas tree sales, seasonal produce, roadside fruit stands and mobile food vendors.
(g)
Penn Hills community based nonprofit corporations and organizations may apply to the Director of Planning and Economic Development for an exemption from any of the restrictions regarding temporary uses. In the process of applying for an exemption, nonprofit corporations and organizations must supply sufficient evidence that a majority of the proceeds from the temporary use shall directly benefit the nonprofit organization.
(h)
The following regulations shall apply to mobile food vendors:
(1)
An applicant, upon submitting an application for a mobile food vendor permit, must also furnish copies of the food truck operator and/or owner's:
(2)
Vending shall only be permitted in business and industrial zoning districts within the Municipality of Penn Hills according to the existing Zoning Map of the Municipality of Penn Hills last revised February 17, 1997, and legal nonconforming business uses.
(3)
Vending shall only be permitted from food trucks located on private property with permission of the property owner.
(4)
All required Allegheny County issued licenses and permits must be valid and posted in a visible location on or within the food truck at all times.
(5)
A person in charge must be present at the food truck vending site at all times.
(6)
No vehicles, trailers, tanks, generators, awnings or other equipment shall be placed within the public right-of-way.
(7)
Temporary signs used as part of the food truck vending operation shall not exceed eight square feet and shall not block any sidewalks or impede any vehicular, biking or pedestrian traffic or paths.
(8)
A mobile food vending operation is subject to any and all applicable Municipality Code requirements or other relevant Penn Hills municipal ordinances, resolutions, or requirements.
(i)
The Department of Code Enforcement may revoke a temporary use permit at any time if it is determined that the use is not consistent with the requirements of this section.
§ 1278.22 Recreation and Open Spaces.
[Ord. 2121, passed 11-9-1992; Ord. 2420, passed 5-3-2004]
(a)
(1)
In General. For the following types of development, certain open space and recreational amenities must be provided above and beyond the front, side, rear and bulk and area requirements specified by this Zoning Code, as amended.
(2)
Recreation and open space are to be provided in accordance with the Subdivision and Land Development Regulations for major subdivisions.
(b)
Development Schedule. A plan and development schedule meeting the following requirements must be submitted with facilities suitable to serve the users of the planned structures:
(1)
The minimum size of any one recreational area shall be 10,000 square feet.
(2)
Five percent of the gross site area shall be developed for projects up to 10 acres.
(3)
Eight percent of the gross site area shall be developed for projects from 10 to 20 acres.
(4)
Ten percent of the gross site area shall be developed for projects over 20 acres.
Said facilities shall be located so as not to be detrimental to adjacent property owners by virtue of noise, light, glare, or any other objectionable features emanating therefrom.
§ 1278.23 Other Items to Be Considered During Review.
[Ord. 2121, passed 11-9-1992]
When applicable, the site plans should properly address the following items, which will be considered during the review process: