Pleasant Hills City Zoning Code
ARTICLE XVII
General Use Regulations
§ 374-71 Site plan approval.
[Amended 5-19-2025 by Ord. No. 1060]
All applications for development of a new use of a building, expansion of an existing structure, structural alteration or change of use of a building which is subject to more stringent area and bulk, parking and loading or other provisions of this chapter in the O-1, C-1, C-2, C-3, C-4 and M-1 Districts and all conditional uses in the R-2, R-3 and R-4 Districts shall be subject to the following requirements for site plan approval.
A.
Application. A site plan application or change of use application, both of which are on file at the Borough office, as well as a site development plan shall be submitted which is based on a survey of the property and which shows:
(1)
Area location map/plan showing the following items:
(2)
Feasibility of proposals for disposition of stormwater and sanitary waste.
(a)
For Change of Use applications, documentation relative to existing and proposed sanitary sewer flows should be provided. This may be in the form of existing water bills/usage and anticipated water usage based on similar uses.
(b)
If there is not an anticipated change of land cover/surfacing, a statement indicating same shall be provided. If there is an anticipated change of land cover with an application, the applicant must submit a stormwater management narrative/statement in accordance with Chapter 323, Stormwater Management.
(3)
Location and dimensions of yards and/or setback lines and evidence of compliance with other zoning requirements.
(4)
Traffic circulation on the site, ingress and egress to and from the site and layout of proposed parking areas and loading areas.
(a)
A parking tabulation of required number of parking stalls for the proposed use must be included in the application and/or on the site plan; parking tabulation must be in accordance with parking requirements of this Code.
(b)
For Change of Use applications, the application must include the required number of parking spaces for the existing use of the site as well as a tabulation of the required number of parking stalls for the proposed use; parking tabulation must be in accordance with parking requirements of this Code.
(5)
Landscaping plan, if applicable.
(6)
Dates of preparation and revision.
(7)
Evidence of preparation by an architect, landscape architect or engineer, with an appropriate seal.
B.
Approval.
(1)
The Planning Commission shall review the application at a public meeting and shall forward written comments pertaining thereto to Borough Council. Borough Council shall act on the application within 60 days of final action by the Planning Commission or, if the Planning Commission fails to act, within 120 days of submission of the application.
(2)
No building permits or occupancy permits shall be issued until after the site plan and other required elements of the application shall have been formally approved by Borough Council.
C.
Posting of surety.
(1)
Surety in a form acceptable to the Borough and in an amount equal to 10% of the total cost of site improvements as determined by the Borough Engineer shall be required to be posted for all projects in excess of $10,000. Upon satisfactory completion of the site improvements and inspection by the Borough, surety shall be returned to the applicant.
(2)
A maintenance bond in an amount determined by the Borough shall be required for a period of one year from the date of inspection and approval of site improvements to guarantee the replacement of landscaping materials, if necessary.
D.
Expiration of site plan approval. Site plan approval shall expire 12 months from the date that Council grants the approval, unless the applicant requests an extension, in writing, from Council prior to the expiration of site plan approval and Council is satisfied that there is reasonable cause for the delay in initiating the approved project.
E.
Exceptions to site plan approval may be granted by the Zoning Officer in cases of minor interior renovations, general maintenance and repair, use and occupancy of permitted accessory uses, provided that all such exceptions are in compliance with any and all other regulations or codes of the Borough of Pleasant Hills.
§ 374-72 Commercial use in dwellings restricted.
In order to preserve the residential character of neighborhoods within the Borough, no business, industry, profession or commercial enterprise other than a home occupation as authorized by this chapter shall be conducted in any dwelling in any of the R Residence Districts in the Borough.
§ 374-73 General fence requirements.
A.
A zoning permit is required for the installation of any fence. Application for a fence permit shall include:
B.
All posts, framing members and other fence elements used in constructing and supporting fences shall be placed on the side of the fence facing the property where the fence is installed.
C.
No fence shall be constructed in such a manner as to obstruct the view of pedestrians or motorists in the public right-of-way.
D.
No fence shall be constructed in such a manner as to result in sharp points, salvage ends or edges or any other condition that may be considered dangerous.
§ 374-74 Fence location requirements.
A.
No fence, other than an ornamental fence, shall be constructed beyond or forward of the front building line in any residential district and no closer than four feet from the pavement of the street. For purposes of this section, the front building line is the front edge of the residential structure which has been constructed on the lot. The front building line is determined by the foundation of the residential structure and is not extended by a porch or other addition to the front of the building line described herein.[1]
[Amended 6-16-2020 by Ord. No. 1029]
[1]
Editor's Note: See Appendix A, Fence Location, included as an attachment to this chapter.
B.
A functional fence, visual screening or ornamental fence may be constructed in the side or rear yards in any district.
[Amended 5-20-2013 by Ord. No. 957]
C.
A visual screening fence not more than six feet in height may be constructed in the rear and side yard in any residential district.
[Amended 5-20-2013 by Ord. No. 957]
D.
For purposes of this section, a "side yard" is defined as being measured from the front corner of the residence or dwelling to the rear property line.
[Amended 5-20-2013 by Ord. No. 957]
E.
A visual screening fence not more than 10 feet in height may be constructed in the side and rear yards of properties in the M-1 Manufacturing District.
F.
A security fence may be constructed in the rear yard of any property in an Industrial District and any property housing schools, parks, churches, and other recreational or other P-1 uses in Residential Districts.
§ 374-75 Line of sight obstructions.
On any lot, in any zoning district, no wall, fence or other structure shall be erected, or altered, and no hedge, tree, shrub, or other growth shall be maintained which may cause danger to traffic on a street by obstructing the view of persons using such street.
§ 374-76 Compliance of fences with state and federal provisions.
Fences, as required by state and federal regulations or statute dealing with the possession or storage of potentially hazardous materials, including but not limited to liquefied petroleum and propane gas, shall be permitted in type and dimension to comply with, but not to exceed the minimum state or federal regulation or statute.
§ 374-77 Noncommercial parking areas.
In any district, a noncommercial parking area may be used as an accessory use incident to the operation of a church, a public or parochial school, a library, or any Borough or public building, provided that such parking area shall have free access to a public street and the plans of such parking area shall have been approved by the Borough Engineer.
§ 374-78 Noncommercial swimming pools.
A noncommercial swimming pool may be constructed and maintained in a Residence R-1 or Residence R-2 District, provided that it is solely in the rear yard of any premises and that it is located no nearer than 10 feet to any lot line. Any swimming pool to be erected in any Residence R-1 or Residence R-2 District must also comply with any requirements contained in any ordinances of the Borough of Pleasant Hills relating to the construction and maintenance of swimming pools, including, without limitation, Chapter 326, Swimming Pools, of the Code of the Borough of Pleasant Hills.
§ 374-79 Air-conditioning units.
In all zoning districts, the following regulations shall apply to air-conditioning units, as defined by this chapter.
A.
Prior to the installation of any air-conditioning unit, or the replacement of air-conditioning units in a new location on the lot, other than a window unit designed to air condition a single room of a dwelling, a permit shall be obtained from the Borough Zoning Officer.
B.
An application shall be accompanied by detailed plans and specifications setting forth the location of the air-conditioning unit on either a survey of the property or a clear plot plan describing the distances from the property lines to the proposed air-conditioning unit.
C.
The following regulations shall apply to the placement of all air-conditioning units in the Borough of Pleasant Hills:
(1)
No air-conditioning unit shall be placed in the front yard of any residential or commercial property.
(2)
All air-conditioning units shall be placed in the side or rear yards of any residential property occupied by a single-family dwelling unit, provided that the air-conditioning unit is a minimum of five feet from any property line. All such units located in the side yard area shall be screened from view on the front and side locations.
(3)
All air-conditioning units shall be placed in the rear yard of any residential property occupied by a townhouse unit or two-family dwelling.
(4)
All air-conditioning units shall be placed in the rear yard or on a rooftop on a property occupied by a multifamily dwelling, commercial building or industrial building.
§ 374-80 Nonresidential exhaust fans.
All nonresidential exhaust fans, including but not limited to exhaust from kitchen hoods, furnaces, radon mitigation systems and other mechanical exhaust systems, shall be placed so that they face either the rear of the property or vertically.
§ 374-81 Outdoor display and sale of merchandise.
In the Commercial and Industrial Districts, except for those permitted uses such as garden nurseries, building supply establishments, vehicle sales agencies and other uses which customarily display and/or sell merchandise outdoors, there shall be no regular or permanent display or sale of merchandise outside a completely enclosed building. Temporary outdoor display or sale of merchandise by persons other than the owners or lessees of the principal buildings on the lot shall not be permitted.
§ 374-81.1 Christmas tree sales.
[Added 6-20-2005 by Ord. No. 845]
A.
Intent; location of sales.
(1)
The intent of this section is to establish regulations and procedures for the outdoor sale of Christmas trees and related holiday decorations.
(2)
The outdoor sale of Christmas trees described in this section may be conducted on any vacant lot or on such other land which, in the discretion of the Zoning Officer, shall be deemed sufficient, suitable or compatible within the C-2, C-3, C-4, M-1 or P-1 Zoning Districts of the Borough of Pleasant Hills.
B.
Violations.
(1)
It shall be a violation of this section for any person to store for sale or sell Christmas trees and related holiday decorations outdoors in the Borough of Pleasant Hills without having a permit.
(2)
It shall be a violation of this section for any owner to allow his property to be used for the storage for sale or sale of Christmas trees and related holiday decorations by any person who does not have a permit therefor.
(3)
The foregoing notwithstanding, no permit shall be required for the storage or sale of Christmas trees and related holiday decorations when conducted indoors in the normal course of business of any establishment for which a site plan has been approved and a certificate of occupancy has been granted; or indoor or outdoors in the normal course of business of any garden shop or nursery for which a site plan has been approved and a certificate of occupancy has been granted.
C.
Application process.
(1)
All applications for a permit for the outdoor storage and sale of Christmas trees and related holiday decorations shall be made to the Borough Zoning Officer. The application must be accompanied by a copy of a lease or written consent of the property owner it the applicant is not the record owner of the property.
(2)
All applications must include a copy of the seller's or property owner's certificate of insurance as proof of general liability insurance coverage.
(3)
A permit fee of $50 must be provided with the application. The applicant shall be entitled to a refund of $25 upon contacting the Zoning Officer upon completion of the sale and the Zoning Officer finds the location to be clean and returned to its prior condition. The twenty-five-dollar refund is contingent upon the Zoning Officer approving the refund based upon the findings of the Zoning Officer.
(4)
Permits shall commence on November 15 and shall terminate on December 30 of each year.
(5)
It shall be understood and agreed by any applicant for and/or any property owner for which a Christmas tree sale permit has been issued that said applicant and/or property owner shall release, indemnify and/or hold harmless the Borough of Pleasant Hills, its agents, officials, employees, officers or representatives from any and all liability arising out of the sale of the Christmas trees and holiday decorations. Said claims shall include, but not be limited to, any and all claims related to the sale and those claims involving the electrical and plumbing systems as well as any other type of claim for personal injury or property damage. The permit application shall specifically include this indemnification and release as a condition of receiving the permit.
§ 374-81.2 Defunct business sales.
[Added 7-20-2009 by Ord. No. 907]
A.
Permit required. It shall be unlawful for any person, partnership, association, corporation or any other entity conducting business in the Borough of Pleasant Hills to advertise or hold out by any means that any sale of goods, wares and merchandise is an insurance, bankruptcy, mortgage, insolvent, assignees, receivers, trustees, removal or close-out sale or sale of goods damaged by fire, smoke or water unless a license to conduct such sale is first obtained from the Zoning Officer of the Borough of Pleasant Hills.
B.
Applicable statute. All such entities described above shall satisfy the requirements of an Act of the General Assembly of the Commonwealth of Pennsylvania titled "An Act Regulating and Licensing All Sales at Retail When Such Sales Are Advertised as "Closing Out Sale," "Fire, Smoke or Water Damage Sale" or "Defunct Business Sale." Such businesses shall satisfy the terms of the Act, with exceptions, including but not limited to the requirements for the filing of inventory and bond, and providing for appeals and penalties. The requirements of the Act of July 31, 1963, P.L. 410, No. 217, are hereby adopted as if fully set forth in this section. A copy of the Act and any amendments thereto shall be available at the office of the Borough Zoning Officer.
C.
Application forms. Application forms for licenses shall be made available at the office of the Zoning Officer, 410 E. Bruceton Road, Pleasant Hills, PA 15236. A copy of the application form is attached hereto as Exhibit "A" and incorporated herein by reference.[1] The content of the application may be amended from time to time by the Zoning Officer.
[1]
Editor's Note: Exhibit "A" is attached to Ord. No. 907 and on file in the office of the Borough Secretary.
D.
Fees. Applicants for licenses shall pay a fee of $50 upon the granting of a license hereunder and a fee of $100 upon the renewal of any license granted hereunder pursuant to the provisions of Act No. 217, P.L. 410. The license fee shall hereafter be included in the document known as the Borough of Pleasant Hills Fee Resolution.
E.
Bond.
(1)
Applicants, before the granting of a license hereunder, shall be required to post a bond pursuant to the provisions of Act No. 217, P.L. 410, the amount of which shall be determined as follows:
(2)
Bond shall be payable to the Commonwealth of Pennsylvania, as required by Act 217, No. 410.
(3)
The amount of such bond shall be determined by the Act, as may be amended.
F.
Duration of license; renewals. Any license so granted as aforesaid shall be good for no more than a period of 30 consecutive calendar days and may be renewed for one additional period not exceeding 30 days, provided that a revised inventory is filed with each application for renewal of a license, showing the items listed on the original inventory remaining unsold and that no goods, wares, or merchandise not included in the original inventory is in stock.
G.
Revocation of license. After a license has been granted and it is established that the licensee has violated any provisions of this section, the license shall be subject to immediate revocation and further penalties as defined in this section.
H.
Amendments. The licensing fee and bond amounts set forth herein shall automatically reflect any subsequent amendments to the fee and bonding amounts as set forth in Act No. 217, P.L. 410, as may be amended. Therefore, the fees are subject to immediate adjustments consistent with the Act. To the extent any of the terms of this section are inconsistent with the terms of the Act of the Legislature, the terms of the Act shall control. However, the remaining terms of this section shall remain in full force and effect.
I.
Violations and penalties; right of appeal. Any person conducting or being responsible for any sale requiring a permit or license as set forth above, without first having obtained the permit or license, or any person making or being responsible for any misrepresentation in connection with the goods so offered for sale or sold, or continuing the same business at the same location after the expiration of a license issued for conducting any type of sale subject to this section shall, upon conviction thereof, be punishable by a fine of not less than $100 nor more than $300 and costs of such proceedings or, upon default of payment of such fines and costs, by imprisonment in the county jail for a term of not more than 30 days. Each day any sale is conducted in violation of this section shall be a separate violation of this section and therefore subject to cumulative penalties.
§ 374-81.3 Food truck regulations.
[Added 2-16-2020 by Ord. No. 1035]
A.
Definition of "food truck." A food truck, for purposes of this section, is defined as a mobile vehicle which is engaged in transient retail business. The terms and provisions hereof apply to a vehicle which temporarily parks or is stored upon an area open to the public within the Borough of Pleasant Hills to engage in the service, sale or distribution of food for individual portions served to the general public and such sales occur directly from the vehicle. Such vehicles are not limited to an actual truck, but also are considered to include trailers, carts or other enclosures which are hitched directly to a vehicle licensed to operate on the roadways in the Commonwealth of Pennsylvania and/ or transported to a location within the Borough, so long as such carts and trailers are utilized for the sale of food to the public. For purposes of this section, the sale of beer, wine and/ or any alcoholic beverages from a food truck is strictly prohibited.
B.
Permit requirements. It shall be unlawful for any person or entity to maintain or operate a food truck in the Borough of Pleasant Hills without first applying for and securing a permit from the Borough. Such permits shall be valid for no more than one calendar year and the amount of the fee for the permit shall be set by the Fee Resolution in effect for the year the Permit is issued.
C.
Permit application process. The issuance of a permit shall depend upon the completion of an application for the permit and the payment of the application fee. This fee is subject to change and shall be established in the Fee Resolution which is in existence at any given time. The application itself shall be submitted on a form provided by the Borough and shall include the following information or documents to be provided:
(1)
A valid certificate of insurance which names the Borough as an additional insured;
(2)
The name of the applicant; In the event the applicant is a business entity, the precise name of the business as registered with the Corporations Bureau of the Commonwealth of Pennsylvania;
(3)
Emergency contact information for the applicant, including primary phone number, cell phone number and email address;
(4)
A copy of the registration for the subject food truck, the license plate number and a copy of any and all state and county permits issued;
(5)
A copy of the operator's business license and tax identification number must be available and provided at the time the application is submitted;
(6)
A list of the types of goods to be sold and the proposed hours of operation;
(7)
Indemnification language as described herein; and
(8)
Such other information as may be amended from time to time.
D.
Prohibition of operation until permit is issued. No applicant shall engage in the operation of a food truck or vending of goods or food until such time as the application required by this section is processed, all fees have been paid and the permit is issued. The fee for the permit is subject to change and shall be set forth within the Fee Resolution adopted by the Borough and in place for any calendar year. The permit shall be valid for up to one year. The permit shall define the time period in which it is valid, and no permit shall be valid for more than one calendar year from the date upon which the permit is issued. Upon the expiration of the time period for the permit, the permit holder is required to submit a new application and obtain a valid permit in order to continue to operate a food truck business in the Borough of Pleasant Hills.
E.
Standards/regulations for the operation of food trucks. Any individual or entity who is issued a permit for the operation of a food truck within the Borough of Pleasant Hills shall only operate such food truck(s) in accordance with the following standards and provisions:
(1)
Food trucks shall be prohibited from being operated, or from conducting business within any property, street or location within the R-1, R-2, R-3, and R-4 Zoning Districts within the Borough of Pleasant Hills. Food trucks shall be able to operate within the P-1 Zoning District subject to the restrictions set forth below and as described herein. Food trucks shall also be permitted to operate within the 0-1, M-1, C-1, C-2, C-3 and C-4 Zoning Districts.
(2)
Vending may occur only between the hours of 7:00 a.m. and 10:00 p.m. In order to set up the business, food trucks may arrive and be parked beginning at 6:15 a.m. and they must be removed from the location at the end of the business day by 10:45 p.m.
(3)
Food trucks may not be parked on any street overnight and must be removed from the street at the end of the business day.
(4)
All required Allegheny County and/ or Commonwealth of Pennsylvania licenses and permits must be valid, in good standing, and posted in a visible location on or within the food truck at all times.
(5)
Each operator of the vehicle must have a valid driver's license at the time of operation.
(6)
The food truck must not be left unattended at any time when it is parked within the Borough of Pleasant Hills. The person(s) in charge of the operation must be physically present at all times the business is open.
(8)
Food trucks may only operate in a manner in which patrons are not exposed to the roadway and no patron of a food truck shall be required to stand on the street to be served.
(9)
No vending is permitted within 25 feet of a fire hydrant.
(10)
No vending is permitted on private property within any of the permitted zoning districts without the express written permission of the property owner.
(11)
Awnings and canopies associated with any food truck shall be at least seven feet above any public sidewalk.
(12)
The operation of the food truck shall be subject to any and all ordinances, resolutions and Code Book requirements of the Borough of Pleasant Hills, as may be amended from time to time and as set forth in the Code Book of the Borough of Pleasant Hills.
(13)
No tanks, generators or other equipment shall be placed within the public right-of-way nor shall any equipment which presents a tripping hazard be placed in an area where patrons walk. Each truck shall also be subject to inspection by the Borough Fire Marshal and the permit holder shall have an obligation to remediate any safety hazards the Fire Marshal identifies.
(14)
No wire or power cord shall be placed in a manner which constitutes a tripping hazard.
(15)
In addition to the above requirements for the annual permit, the applicant is required to inform the Zoning Officer of the dates and locations where the food truck will be conducting business in the Borough. This requirement exists to avoid a situation where a number of food trucks may be parked at one location at one time, and will provide an opportunity for the Zoning Officer to place reasonable limitations as a result of a lack of parking, etc. Notice of where the truck will operate must be provided to the Zoning Officer at least 48 hours prior to the food truck conducting business, and such notice may be provided by email to the Zoning Officer. In the event that other food truck operators have obtained a permit and have provided notice of their intention to conduct business at the same location and same time, restrictions may be put in place if parking or other concerns exist. The opportunity to conduct business in such locations will be provided on a first-come, first-served basis. The number of food trucks permitted at any specific venue shall be determined at the sole discretion of the Zoning Officer, and the determination of the Zoning Officer shall be final.
(16)
The sale of beer, wine or any alcoholic beverages from a food truck is strictly prohibited.
(17)
The number of food trucks that may be operated within the P-1 Civic Zoning District, within any given time, shall be limited to a maximum of two, and prior to operating within the P-1 Civic Zoning District, the operator of the food truck must first obtain a permit and permission from the Borough for a specific date, time and location.
(18)
When determining the food trucks that may be present in the P-1 Civic Zoning District at any given time, this determination will be made by the Zoning Officer and shall be based on the permit holder who first requested that specific date and time.
(19)
The Zoning Officer shall decide whether an exception shall be granted to the maximum number of Food Trucks to exceed two at any given time within the P-1 Civic Zoning District. Such exceptions may be granted if the Zoning Officer determines adequate space is available for parking and, if so, then the number may be increased, at the discretion of the Zoning Officer, for Borough events such as Community Day, Borough fund-raising events, such as for the Library, etc. In such cases, the maximum number of food trucks that may be present at any one time shall be limited to a total of eight food trucks. All exceptions shall be subject to the discretion of the Zoning Officer at any particular point in time. When deciding such exceptions, the Borough may take into account the number of permits that are issued at any particular time.
(20)
Food trucks which conduct business within the P-1 Civic Zoning District shall only do so during the days of Friday through Monday. Food trucks shall be prohibited from operation within the P-1 Civic Zoning District on Tuesdays, Wednesdays and Thursdays. The hours of operation shall be as defined above.
F.
Insurance requirements. Each applicant, as owner of the food truck, must obtain and maintain a general liability insurance policy protecting itself and naming the Borough as an additional insured from damages of any nature. Each applicant/owner, as a condition of the permit, is required to indemnify, defend and hold harmless the Borough of Pleasant Hills, all elected and appointed officials and employees of the Borough from any and all claims of any nature, including claims for personal injury, property damage, and/ or death arising out of the operation of the food truck and service of food. The general liability policy may not lapse at any time during the time the permit is issued and said policy shall have minimum coverage of $1,000,000 for bodily injury or death and $500,000 for property damage for any one claim. Each such policy must name the Borough as an additional insured and shall provide that any cancellation or reduction in coverage shall not be effective unless 30 days' prior written notice of the cancellation or reduction has been provided to the Borough of Pleasant Hills. Should coverage be allowed to lapse as a result of nonpayment of the premium or any other reason, the permit issued to the applicant shall be rendered null and void and the applicant shall indemnify the Borough for all claims arising out of the operation of the truck.
G.
Violation and penalty.
(1)
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of any zoning ordinance enacted under this act or prior enabling laws shall, upon being found liable therefor in a civil enforcement proceeding commenced by a municipality, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by a municipality as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of zoning ordinances shall be paid over to the municipality whose ordinance has been violated.
(2)
The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
(3)
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the municipality the right to commence any action for enforcement pursuant to this section.