Port Allegany City Zoning Code
ARTICLE III
District Regulations
§ 100-8 Zoning Map.
A.
The boundaries of the districts are established as shown on the map entitled the "1997 Zoning Map of Port Allegany Borough," and called the "Zoning Map" in this chapter. The Zoning Map, including all the explanatory material on it, is made a part of this chapter. The Borough Secretary shall certify the Zoning Map as part of this chapter and keep it on file in her office.
B.
Any changes in district boundaries or other matter shown on the Zoning Map shall be promptly made on the map, with a signed statement substantially as follows:
On this seventh day of July, 1997, by action of the Borough Council, the following change was made on this map, in accordance with Ordinance No. 406: | |
ATTEST: | _________________________ President, Borough Council |
_________________________ Borough Secretary | |
C.
The ordinance making the change shall provide for its immediate entry upon the Zoning Map.
§ 100-9 Zoning districts.
The borough is divided into the districts set forth by this chapter and as shown by the district boundaries on the Zoning Map. The districts are:
A.
Residential districts. Districts designated for residential use are for dwellings and uses normally associated with residential neighborhoods. Such uses may include schools, churches and related activities. The specific purposes for each residential district are as follows:
(1)
R-1 — Single-Family Residential District: designed primarily for single-family dwellings and related uses.
(2)
R-2 — General Residential District: designed to accommodate single-, two-family and multifamily residences where utilities access and location warrant such development.
(3)
R-LB — Residential, Limited Business: designed to accommodate single-, two-family and multifamily residences, with limited compatible nonresidential development also permitted.
B.
Commercial districts. Districts designated to provide for needed commercial and related activities within the borough.
C.
I — Industrial District. This district is designed to allow space for existing and new development to support the borough's economic life. Development is expected to be of a quality that will be compatible with surrounding land use. This district is designated to accommodate manufacturing, office, distribution and similar kinds of industrial activity.
D.
MHP — Mobile Home Park District. This district is intended to create an environment in which the growth and development of mobile home parks may be encouraged in relationship to surrounding areas and development of the borough as a whole.
E.
AC — Agricultural/Conservation District. This district is designed to encourage agricultural and conservation activities while allowing space for compatible development which will not conflict with the intent of the district.
§ 100-10 District boundaries.
District boundaries that are shown between the lines of streets, streams and transportation rights-of-way shall be deemed to follow the center line. The location of streets shall not affect the locations of such district boundaries.
§ 100-11 Zoning district changes.
All approved changes to zoning districts shall be promptly recorded on the Zoning Map by the Zoning Officer.
§ 100-12 Permitted uses, conditional uses and special exceptions.
The permitted uses, conditional uses and special exceptions for each district are shown in the following tables,[1] and are considered principal uses unless clearly noted otherwise. Conditional uses may be granted or denied by the Borough Council, after public notice and hearing in accordance with the express standards and criteria of this chapter and after the review and recommendations of the Borough Planning Commission. In granting a conditional use, the Borough Council may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and the MPC. Special exceptions may be granted or denied by the Zoning Hearing Board in accordance with the express standards and criteria of this chapter. In granting a special exception, the Board may attach reasonable conditions and safeguards as it may deem necessary to implement the purpose of this chapter and the MPC and to protect the neighborhood.
[1]
Editor's Note: Said tables are located at the end of this chapter.
§ 100-13 Lot, yard and height requirements.
A.
The minimum lot area, minimum lot area per family, maximum lot coverage by buildings and structures, minimum depth of front yard, minimum depth of rear yard, side yard requirements, maximum height of structures and number of stores for each district shall be as specified in Table 9.[1]
[1]
Editor's Note: Table 9 is located at the end of this chapter.
B.
The minimum lot area, minimum lot area per family, maximum lot coverage by buildings and structures, minimum depth of front yard, minimum depth of rear yard, side yard requirements, maximum height of structures and number of stores within the MHP District shall be those as established in the McKean County Subdivision and Land Development Ordinance and cited as "Mobile Home Park Standards." Other uses permitted in the Mobile Home Park District shall comply with the lot and yard requirements as established in the R-2 District.
§ 100-14 Additional criteria.
The criteria for permitted uses, conditional uses and special exceptions are listed below. In addition to this, the Borough Council in granting conditional uses and the Zoning Hearing Board in granting special exceptions are charged with considering the effect that such proposed uses will have upon the immediate neighborhood. The preservation and integrity of existing development must be carefully weighed and given priority in each decision. In granting a conditional use or a special exception, the Borough Council or the Zoning Hearing Board (as the case may be) may attach reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of the MPC and this chapter.
A.
Churches, public and private schools, hospitals, nursing homes and personal care facilities.
(1)
The use shall provide all parking and loading/unloading requirements as required by this chapter. The design of parking and the ingress and egress of same shall be submitted for review. In this review, the borough shall consult with the police and the engineer for their recommendations. The purpose of such a review shall be to ensure that traffic entering and leaving facilities shall do so in a safe and efficient manner. In its review of parking lot design and street access, standard references, as produced by the American Planning Association and the Institute of Traffic Engineers, will be used.
(2)
The use shall be located on a lot of at least one acre.
(3)
The design and landscaping shall be compatible with and preserve the character of adjoining residential uses.
(4)
All parking and recreation/play areas which abut residential uses shall be screened.
(5)
Any outdoor lighting shall be designed to prevent glare to adjoining properties.
(6)
All required permits from federal or state agencies must be secured before a building permit is granted.
B.
Public utilities substations.
(1)
Public utilities substations shall be landscaped to represent a minimum intrusion upon the neighborhood.
(2)
Public utilities substations shall be enclosed by a security fence. Notwithstanding any other section of this chapter, the height of this fence shall be adequate to provide proper security for the installation (8 feet to 10 feet).
(3)
No outdoor storage shall be permitted.
(4)
Public utilities substation shall not interfere with the street plan of the borough.
C.
Cemeteries. The purpose of cemeteries is to provide a proper burial ground for persons. All uses and activities must be clearly and customarily incidental to this use.
(1)
Prior to the establishment or expansion of an existing cemetery, the owner shall file a site plan with the borough to demonstrate the design and layout of the proposed cemetery or cemetery expansion and specifically illustrate the proposed drainage of land, the internal circulation plan and the location of accessory building(s).
(2)
Connections to existing borough streets will be no closer than 50 feet to a street intersection, 15 feet to a fire hydrant and 30 feet to a driveway on the same side of the street and shall avoid streets or driveways opposite proposed means of ingress and egress.
(3)
The owner shall demonstrate compliance with applicable state laws.
(4)
All accessory uses must be clearly incidental and subordinate to the function of the cemetery.
D.
Personal and professional offices, medical and dental clinics.
(1)
All required parking, loading and unloading shall be contained entirely on lot, including sufficient maneuvering room so that vehicles will not back onto a public street. There shall be no parking in the front yard area.
(2)
All lighting shall be so arranged to prevent glare to adjoining properties.
(3)
Any parking area next to a residential use shall be screened (see screening).
(4)
Such uses shall only front upon paved streets with a cartway of at least 20 feet.
E.
Salvage yards. Salvage yards deal with scrap metal, junk cars and similar material. As such, they serve a valuable role in recycling. However, the potential for environmental problems does exist. Therefore, such uses shall:
F.
Car washes.
(1)
Car stacking. The entrance to the car wash shall be designed as to permit a waiting line of at least four cars. In no event shall cars be permitted to use public right-of-way while waiting to use the car wash facility.
(2)
All such facilities shall present a drainage plan to the borough for approval.
G.
Supply and contractor yards. Supply and contractor yards shall effectively screen the yards facing surrounding properties. Such screening shall be via fencing or screen planting.
H.
Heavy manufacturing. Heavy manufacturing shall be located where the emission of objectionable gases, fumes, smoke or dust will not be objectionable to established permitted uses nearby or is controlled by the installation of special equipment. Outside storage yards abutting or immediately across a street from any "R" district shall be screened. These uses shall meet all performance standards set forth in § 100-20.
I.
Funeral homes.
(1)
There shall be no receiving vault, preparation room or display of merchandise visible from outside the principal building.
J.
Home occupations. Home occupations are a potential intrusion upon residential areas and as such must meet all the requirements listed in this subsection:
(1)
Parking. In addition to providing the required parking spaces for residents of the dwelling units, off-street parking must be provided for customers in accordance with the criteria set forth by this chapter.
(2)
Employees. There shall be no employees who are not residents of the dwelling. Additionally, no other persons who are not residents of the dwelling shall be contracted to work in the dwelling.
(3)
Restrictions. No home occupations which would cause undue noise, traffic or other intrusion upon the neighborhood shall be allowed. Among the activities excluded shall be kennels, veterinary offices, restaurants, small motor repairs, automotive repairs, automotive body work and similar undertakings.
(4)
Home occupations may include, but are not limited to, art studios, music studios, professional services, dressmakers, barber shops and beauty shops.
(5)
The nature of the home occupation shall not change the outward characteristics of the home as a residential unit.
(6)
No more than 25%, in aggregate, of the home and accessory buildings may be used for a home occupation.
(7)
One sign, no larger than two square feet, may be used to announce the name or purpose of the home occupation. Such sign shall be wall mounted and attached to the home.
(8)
Home occupations shall not operate before 8:00 a.m. nor after 9:00 p.m.
(9)
Any retail sales shall consist primarily of items made on the premises. No more than 25% of the on-premises sales shall be from items not made on the premises.
K.
Gasoline service stations, automobile sales and services. Gasoline service stations, automobile sales and services shall be permitted subject to the following regulations:
[Amended 10-7-2019 by Ord. No. 479]
(1)
Any fuel pumps shall be at least 30 feet from the front lot line and at least 30 feet from a side lot line.
(2)
Any lot line abutting a residential district or residential use shall be screened using screen planting.
(3)
There shall be no outdoor storage of new or used parts, scrap parts, unlicensed vehicles, tires, vehicles which lack current Pennsylvania inspection stickers or parts of vehicles. The overnight parking of customer vehicles and the storage of DEP-approved trash containers shall be permitted.
(4)
For auto sales (new or used), the lot shall be at least 15,000 square feet in size with road frontage of at least 200 feet.
(5)
The storage of autos for display and sale shall be contained within lot boundaries and in no event in the road right-of-way nor within 15 feet of the nearest edge of the cartway.
L.
Personal care home, group care homes. The purpose of such homes is to provide residences for individuals in a home-like setting. Consequently, it is essential to maintain an exterior appearance that it is in harmony with surrounding residences. In addition, such uses shall meet the following conditions:
M.
Day-care centers. Day-care centers shall be allowed as a special exception, provided that the following criteria are met:
(1)
Any outdoor play area shall be effectively screened from abutting properties.
(2)
For all new construction, and where feasible for existing structures, circular driveways shall be provided to deliver and pick up children. These will be for the safety of the children and the protection of the neighborhood.
(3)
One parking space for each employee shall be required.
N.
Bed-and-breakfast. Such uses are intended to provide overnight or short-term accommodations for transient guests in a home-like atmosphere. These must meet the following regulations:
P.
Golf courses. Such uses fit into low-density residential settings; however, they can generate above-normal traffic and related activity. To protect surrounding properties the following requirements must be met:
(1)
A full plan of the proposed course must be presented.
(2)
All parking areas must be screened from surrounding uses, and the edge of all parking areas must be at least 20 feet from any property line.
(3)
All clubhouse facilities or other buildings for the use of the public or the members of the golf club must be at least 75 feet from any property line.
(4)
All outdoor lighting shall be designed so as to eliminate glare to surrounding properties.
Q.
Drive-in restaurants. This type of restaurant can be designed to serve both patrons who eat on site and those who pick up food/drinks for off-site consumption via a drive-through arrangement.
(1)
All parking areas shall be designed for easy ingress and egress. In no event shall autos be required to back onto a public right-of-way.
(2)
Drive-up windows shall be set back from the street with stacking room for at least six vehicles.
(3)
There shall be a clear delineation between drive-through facilities and parking/access facilities for on-site eating. Street access and traffic restrictions (i.e. "No Left Turns") shall be clearly marked using approved signage.
R.
Billboards. Billboards shall be permitted as a conditional use in the Industrial District (see also § 100-15), provided that:
(1)
Such sign shall not be placed within 150 feet of another.
(2)
Such sign shall not be placed within 250 feet of any residence, church, school or similar structure.
(3)
Such signs shall not be placed within 250 feet of any road intersection or at a curve or at any place where vehicular line of sight could be partially or completely obstructed.
(4)
A set-back of 50 feet is required.
(5)
Such signs shall not exceed 300 square feet in an area when viewed from its widest silhouette.
S.
Sanitary landfills. Sanitary landfills shall be permitted only in the AC District and as a conditional use. Plans for sanitary landfills shall be approved and controlled by the Pennsylvania Department of Environmental Protection (DEP), the laws and regulations of the commonwealth and appropriate laws and regulations of the United States of America. Operators of sanitary landfills shall file with the borough written proof that they have met all permit requirements of the state and/or federal government as they may apply to a specific development. Local requirements which must be met prior to permit approval by the Board include:
(1)
A buffer yard of 250 feet from all public rights-of-way and 400 feet from all dwellings, schools, churches, hospitals and similar residential uses.
(2)
An eight-foot high cyclone-type fence with panel weaving or similar solid fencing shall parallel all public rights-of-way and adjacent properties for purposes of preventing the passing of wind-blown litter.
(3)
Required barriers shall be at a minimum distance of 75 feet from all operations, and the area between the work area and barrier shall consist of a natural cover of vegetation or forestry. This strip shall not be of barren soil.
(4)
The landfill shall have no more than two access routes, unless the landfill property borders three or more public rights-of-way. In such event, approval by the borough will be necessary to secure an additional access route.
(5)
A bond will be filed with the borough, at an amount deemed necessary by the borough, to provide for protection of borough roads which may be used for access to this landfill.
(6)
The operator shall submit to the borough for approval a plan for the restoration of the landfill area which shall include anticipated future use of the restored land.
(7)
All such proposed use shall be on a lot of no less than 100 acres.
T.
Conversion dwellings. The purpose of conversion dwellings is to allow for the conversion of older, larger, single-family homes into multifamily units. In order to be allowed to convert from a single-family into a multifamily unit, the following criteria must be met:
(1)
All units must have separate kitchen and bathroom facilities as well as living/sleeping space.
(2)
Each unit shall have a minimum size of 450 square feet, exclusive of common spaces.
(3)
All required parking shall be accommodated on lot, and no parking in the front yard area between the street and the structure shall be permitted.
(4)
Conversion shall be limited to four dwelling units or fewer.
(5)
Disturbance of the original exterior shall be kept to a minimum. Construction of additional living space added to the present structure shall be prohibited.
V.
Second floor residences in Central Commercial District. Residential use is permitted with the following conditions:
(1)
Residential use is limited to at least a full floor higher than the first floor. The first floor is generally defined as the street level floor.
(2)
The minimum residential living space per dwelling unit shall be at least 400 square feet.
(3)
The residential unit shall meet all other requirements and regulations of the Department of Labor and Industry and the borough, prior to permit issuance.
W.
Uses permitted in zoning districts.
(2)
Accessory uses shall be permitted on the same lot with a principal use, provided that:
(a)
They are clearly incidental to, customary to and commonly associated with the operation of the principal use.
(b)
They are operated and maintained under the same ownership as the principal use, or by lessee or concessionaires thereof, and on the same lot or lots as the principal use.
(c)
They are conducted entirely within buildings or enclosures as provided in this chapter.
(d)
They do not include structures or structural features inconsistent with the principal use.
(3)
No use shall be permitted which off-site impacts or:
(a)
Creates, causes or contributes to objectionable noise, smoke, odor, dust, noxious gases, vibration, glare, heat, radiation, fire hazards, toxic or dangerous liquid or solid waste.
(b)
Involves the use or production of any hazardous nuclear substance, including but not limited to the production of hazardous nuclear radiation or waste that would be in violation of any federal or state environmental protection regulation.
X.
Fence standards. Fences shall be permitted in accordance with the following standards:
(1)
R-1, R-2, R-LB, MHP and CC Districts.
(a)
The front yard setback shall be at least eight feet from roadway cartways and 1/2 foot from any sidewalks.
(b)
Fences shall not be placed in public rights-of-way or easements.
(c)
Fences shall not be higher than four feet in the front yard, extending to the plane of the front of the house.
(d)
Fences shall not be higher than six feet on the side yards, extending from the plane of the front of the house to the rear yard fence. A rear yard fence shall not be higher than eight feet. Multiple frontage lots shall be treated as front yards.
(e)
No fence shall be installed which is constructed of barbs, electrically charged, continuous coil or single strand coil.
(2)
HC, I and AC Districts. All fences shall comply with the R-1, R-2, RLB, MHP and CC Districts' requirements, except as follows:
(a)
Fences shall not be higher than eight feet on all sides, including front, side and rear.
(b)
In the I and AC Districts, any fence which is not adjacent to an R-1, R-2, R-LB, MHP, CC or HC District may utilize fences constructed of barbs, electrically charged or single strand wire when such is made highly visible by color paint, color coating or color tagging.
Y.
R-LB. Residential, Limited Business District. The purpose of permitting retail sales in this district is to allow smaller retail operations designed to be compatible with residential uses.
(2)
All compressors shall be so enclosed as to baffle their sound from their surrounding uses.
(3)
All dumpster and/or garbage/trash storage areas shall be enclosed.
(4)
The total building size shall not exceed 2,500 square feet for permitted uses; larger sizes must be considered as a conditional use.
Z.
Chemical storage, sales and distribution, petroleum products, wholesale distributions. The sale and handling of chemical and petroleum products, especially in bulk quantities, represent a potential hazard to the community, therefore:
(1)
Such uses must present evidence that all required federal and state permits, licenses, etc., have been secured or are in the process of being secured. Specifically, the regulations of the Pennsylvania State Fire Marshall shall be followed. This includes approval of underground tank installation. The applicable standard(s) of the National Fire Protection Association Code shall also apply. A building permit will not be issued until all such permits are finalized.
(2)
Copies of plans showing any underground piping, storage facilities and related appurtenances as they involve chemical or petroleum products must be presented. Corrections must be made before a certificate of occupancy is issued.
(3)
No structure involving the use, storage or handling of chemical or petroleum products shall be within 25 feet of a residential use or district. In addition, all such uses shall conform to these regulations and other regulations of the borough.
(4)
For chemical operations, a list of substances to be handled at the development must be furnished.