Port Allegany City Zoning Code
ARTICLE IV
Supplemental Regulations
§ 100-15 Signs.
[Amended 7-5-2010 by Ord. No. 443]
The purpose of these sign regulations is to control the use of signs in terms of number, type, size and location, to encourage aesthetically pleasing design and to enable the fair and consistent enforcement of these sign regulations. A sign may be erected, placed, established, painted, created or maintained in the Borough only in conformance with the standards, procedures, exemptions and other requirements of this chapter. No sign shall be erected that impedes visibility or traffic safety. Signs hereinafter are permitted:
A.
R-1, R-2, R-LB, MHP and AC Districts.
(1)
Temporary signs such as signs advertising for sale, rental or development of property; temporary signs indicating the location and direction of premises and not exceeding four square feet in area; and temporary signs erected by churches, schools, civic organizations or other similar institutions, provided that the area of the sign does not exceed 32 square feet in area, for other than real estate signs. All temporary signs shall not be erected or displayed more than 180 days in any one calendar year, unless a new permit is issued.
(2)
Permanent announcement signs designating professional offices such as those of a surgeon, attorney, engineer, architect or similar professional person, provided that such signs do not exceed 32 square feet in area; and permanent signs erected by churches, schools, civic organizations or other similar institutions, provided that the area of the sign does not exceed 32 square feet.
(3)
Signs shall be located a minimum distance of 12 feet from the street cartway and in no event within the right-of-way.
(4)
Signs advertising the sale of products at roadside stands are permitted if they do not exceed 32 square feet in total area and are located on the premises of the owner-operator or resident of the stand. Such signs are to be considered temporary signs.
(5)
In addition to the other requirements of this section, every sign referred to herein must be removed within 30 days after the circumstances leading to its erection no longer apply.
(6)
A permanent identification sign for a mobile home park shall be permitted in accordance with the other requirements of this subsection.
B.
CC and HC Districts.
(1)
The use of signs similar to traffic control devices is prohibited.
(2)
In addition to the other requirements of this section, every sign referred to herein must be constructed of durable materials, kept in repair and not allowed to become dilapidated. Each sign shall be removed within 30 days after the circumstances leading to its erection no longer apply.
(3)
In the CC District, all signs must be below the sills of second story windows. The exception shall be signs painted upon second story windows.
(4)
In the HC District, permitted signs shall relate to the use conducted on the property and shall not exceed 22 feet in height above ground when freestanding or over 30 feet when attached to the structure.
(5)
In the HC District, signs shall be located a minimum distance of 15 feet from the street cartway and in no event within the right-of-way.
C.
Outdoor billboard advertising.
(1)
There shall be a:
(a)
Minimum of 250 feet between structures.
(b)
Maximum area of 250 square feet, per advertisement.
(c)
Maximum of two advertisement facings per location.
(d)
Minimum of one off-street parking space.
(e)
Maximum height of 22 feet above the road grade, measured at the center line of the road. Facings shall not be stacked.
(2)
The use of billboards with intermittent lighting or billboards similar to traffic control devices is prohibited.
(3)
In addition to the other requirements of this section, every billboard must be constructed of durable materials, kept in repair and not allowed to become dilapidated. Each billboard shall be removed within 60 days of when the circumstances leading to its erection no longer apply.
§ 100-16 Off-street parking requirements.
B.
Increase in intensity of use of a structure and/or land. The intensity of use of a structure and/or land shall not be increased through the addition of dwelling units, rooming units, gross floor area or other units of measurement prescribed, unless accessory parking facilities shall be provided in accordance with the following schedules.[2]
[2]
Editor's Note: Table 10, Parking Requirements, is located at the end of this chapter.
C.
Change in use of structure and/or land. An existing use of a structure and/or land shall not be changed to a new use, unless parking facilities shall be provided as required in the following schedules for such new use.[3] However, if such use of a structure and/or land was established prior to the effective date of this chapter, additional parking and/or loading facilities shall be required only in the amount by which the requirements for the new use would exceed those for the existing use, if the latter were subject to the following schedule and space requirements.
[3]
Editor's Note: Table 10, Parking Requirements, is located at the end of this chapter.
D.
Size of parking spaces. Parking spaces shall not be less than nine feet wide and 20 feet long.
E.
Required parking spaces for each use.
(1)
The parking requirements may be waived in the CC District only when the Borough Council has determined that appropriate parking is available through the provision of public parking facilities.
(2)
Location of required parking facilities. The parking spaces required for the use listed in the above schedule[4] shall be on the same lot as the use they are intended to serve, except that the Zoning Officer may permit the parking spaces to be on any lot wholly within 300 feet of the building if he or she determines it is impractical to provide space on the same lot with the building. In such cases where the required spaces are provided off the site, such spaces shall be in the same ownership as the use to which they are accessory or be public parking spaces. Where parking spaces are provided on a separate lot of the same ownership, said lot shall be subject to deed restrictions filed in an office of record, binding the owner and his heirs and/or assigns to maintain the required number of spaces available throughout the life of such space and shall conform to all regulations of the district in which they are located.
[4]
Editor's Note: Table 10, Parking Requirements, is located at the end of this chapter.
F.
Use of required parking by another use. Any part of the parking and/or facilities required for any use for the purpose of complying with the regulations of the Zoning Ordinance shall not be included as part of a parking facility similarly required for another use unless the type of use indicated that the periods of usage shall not be simultaneous with each other as determined by the Zoning Officer.
G.
Use of yards for driveways and parking. Yard areas may contain permitted driveways and turnaround areas and may also include off-street parking spaces.
H.
Encroachment and reduction. A required parking space shall not be encroached upon by a structure, storage or any other use, nor shall the number of spaces be reduced.
I.
Off-street parking for uses not specifically mentioned. For any use not specifically mentioned in the previous sections, the requirements of off-street parking are the same as for a similar use that is specifically mentioned, as shall be determined by the Zoning Officer.
§ 100-17 Supplementary lot and yard regulations.
A.
Number of principal structures on a lot. Not more than one principal structure shall be located on a lot, except in the HC, I, MHP and AC Districts.
B.
Subdivision of lot. No lot shall be subdivided, if by such action the Zoning Ordinance would be violated.
C.
Determination of yards and minimum distance to lot lines on irregularly shaped lots. On an irregularly shaped lot, no point of a building shall be located closer to a lot line than the minimum yard or setback distance.
D.
Projection into and occupancy of yards or other open sources. The following building attachments shall be permitted to project into and/or occupy required yards or other open spaces:
(1)
Steps, stoops, window sills, similar architectural features, rain leader and/or chimneys, provided that they shall not project more than four feet beyond the face of the wall.
(2)
Exterior stairways, balconies, fire escapes or other required means of egress, provided that they shall not project more than five feet beyond the face of the wall.
E.
Porches, carports and similar attached accessory structures. Whether open or enclosed, they shall be located in compliance with minimum yard and setback requirements.
F.
Visibility at intersections. On a corner lot or at a driveway intersection in any district, no structure, sign, solid fence or wall, hedge or other planting shall be erected, placed or maintained at a height of more than 30 inches above the curbline within the triangle formed by the street lines and a straight line joining said street lines at points which are 30 feet distance from the point of intersection. Additionally, no installation of activities described above shall be permitted to obscure vehicular visibility as determined by PaDOT Form 408 specifications.
§ 100-18 Supplementary height regulations.
The maximum height limitation of this section shall not apply to the following principal structures: a church, college, farm structure (other than a farm dwelling), hospital, radio or television tower or a public utility structure which is a permitted use and is located in any zoning district, provided that it shall conform to the setback and yard requirements of the district where it is located, plus one additional foot horizontally for each foot over 40 feet in height.
A.
The following appurtenances attached to or part of a principal or accessory structure: a church, spire, belfry, cupola, dome, monument, smokestack, derrick, conveyor, flag pole, mast, antenna, aerial, roof tank, ventilating air conditioning and similar building service equipment, roof structure, chimney and/or parapet wall, provided that it shall be set back in conformance with the setback and yard requirements, plus one-foot horizontally for each foot in which it exceeds 40 feet in height above ground level. The principal or accessory structure to which it is attached may conform to setback and yard requirements with no additional setback, provided that the principal or accessory structure conforms to the height limitations of the districts.
B.
Existing designed structures. The vertical extension of a structure existing at the effective date of the Zoning Ordinance may be erected to such height as the original drawings of said building indicated, provided that the building was actually designed and constructed to carry the additional stories necessary for such height.
§ 100-19 Nonconforming uses and structures.
Within the districts established by this chapter or amendment that may later be adopted, there exist lots, structures and uses of land and structures which were lawful before this chapter was passed or amended, but which would be prohibited under the terms of this chapter or future amendment. It is the intent of this chapter to permit these nonconformities to continue until they are removed. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. Nonconformities may be enlarged and expanded only by approval of the Board. A nonconforming use of a structure, a nonconforming use of land or nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment of additional signs to a building or the placement of additional signs or display devices on the land outside the building or by the addition of other uses, if such additions are of a nature which would be prohibited generally in the district involved. Nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on. Actual construction is defined to include the placing of construction materials in permanent position and fastened in a permanent manner and demolition, elimination and removal of an existing structure in connection with such construction, provided that the actual construction work shall be diligently carried on until the completion of the building involved.
A.
Nonconforming uses of land. Where, at the effective date of adoption or amendment of this chapter, a lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
(1)
No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
(2)
No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel not occupied by such use at the effective date of adoption or amendment of this chapter.
(3)
If any such nonconforming use of land ceases for any reason for a period of more than 12 consecutive months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
B.
Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reasons of restrictions on area, lot cover, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful subject to the following provisions:
(1)
A structure may be enlarged or altered in a reasonable amount only as approved by the Board.
(2)
Should such structure be destroyed by any means to an extent of more than 50% of the replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter unless a variance is granted by the Board.
(3)
Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after moved.
C.
Nonconforming use of structures. If a lawful use of a structure, or of a structure and premises in combination, exists at the effective date of adoption or amendment of this chapter that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1)
An existing structure devoted to a use permitted by this chapter in the district in which it is located may be enlarged, extended, constructed, reconstructed or structurally altered to any reasonable amount upon granting of a variance by the Board.
(2)
Any nonconforming use may be extended throughout any parts of a building which were clearly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
(3)
If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use, provided that the Board, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board may require appropriate conditions and safeguards in accord with the provisions of this chapter.
(4)
Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.
(5)
When a nonconforming use of a structure, or structures and premises in combination, is discontinued or abandoned for 12 consecutive months, the structure and premises in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(6)
Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(7)
Where a structure containing a nonconforming use is destroyed in whole or in part by fire, flood, explosion or other casualty, if reconstructed it may be used as before, provided that such reconstruction is undertaken within 12 months of such casualty and provided that the restored structure shall not exceed the height and bounds of the original structure.
D.
Repairs and maintenance.
(1)
On any building, devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing without the requirement of a permit.
(2)
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official.
§ 100-20 Performance standards.
No use of land or structure in any district shall involve any element, or cause any condition, that may be dangerous, injurious or noxious to any other property or person in the borough. Furthermore, every use of land or structure in any district must observe the following performance standards:
A.
Fire protection. Fire-protection and fire-fighting equipment acceptable to the Bureau of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
B.
Electrical disturbances. No activity shall cause electrical disturbances adversely affecting radio, television or other communication equipment in the neighboring area. For the purposes of these regulations, such interference shall be defined as electromagnetic disturbances which are generated by the use of electrical equipment other than planned and intentional sources of electromagnetic receptors of quality and proper design. All intentional sources of electromagnetic energy (such as radios, radar equipment, etc.) shall demonstrably comply with appropriate regulation of the Federal Communications Commission.
C.
Smoke. The maximum amount of smoke emissions permitted shall be determined by the use of the Standard Ringleman Chart issued by the United States Bureau of Mines. No smoke darker than No. 2 will be allowed.
D.
Odors. In any district, except the Industrial District, no malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.
E.
Air pollution. No pollution of air by fly-ash, dust, vapors or other substances shall be permitted which is harmful to health or to animals, vegetation or other property.
F.
Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.
G.
Erosion. No erosion by wind or water shall be permitted if such erosion carries objectionable substances onto neighboring properties.
H.
Water pollution. The discharge of all wastewater shall be in accordance with the standards of the Pennsylvania Department of Environmental Protection (DEP) and/or the borough and shall comply with any and all applicable regulations of the United States. Surface water discharge shall be acceptable under the provisions of Pennsylvania Act 537 and other state and borough regulations, as the same may be amended from time to time.
I.
Vibration. No vibration shall be produced which is transmitted through the ground and is discernible, without the aid of instruments, at any point beyond the lot line.
J.
Radioactive material. Any use or handling of radioactive material shall comply with all regulations of the Atomic Energy Commission (United States), and any applicable regulations of the Pennsylvania Department of Environmental Protection (DEP). The developer shall clearly demonstrate compliance with such regulations.
K.
Illumination. All exterior lighting shall be provided in accordance with the standards of the Illuminating Engineers Society of America.
§ 100-21 Minimum floor area.
The minimum floor area for any single-family dwelling shall be 750 square feet, except in the CC District. [Refer to § 100-14T(2).]