This Part 9 shall be applicable to all buildings, structures, uses and lots, regardless of zoning district.

   A.   No more than one principal use shall be permitted on a lot in a residential district, unless specifically permitted by this chapter. Where more than one principal use is allowed on a lot, the most restrictive requirement shall apply.

   B.   Off-street parking shall be required for the total of all uses on the lot, unless provided otherwise in this chapter.

   C.   A lot shall only be occupied by one dwelling unit unless the provisions of this chapter specifically allow two or more dwelling units. This provision shall not limit condominium ownership where the dwellings would be able to meet all of the same dimensional requirements as if fee simple lot lines would be drawn for non-condominium ownership.

   D.   An accessory building shall not be converted into a dwelling unit unless specifically allowed by this chapter.

   E.   A new principal building shall not be allowed if the lot only abuts an alley and not a street, unless the applicant proves to the Zoning Hearing Board as a special exception that no other reasonable use of the property is feasible.

   F.   Unless otherwise stated, each dwelling unit shall be limited to occupancy by one household, which shall meet the definition of one "family" in § 600-2202.

   A.   Occupancy of a principal commercial or industrial building or lot by more than one use is specifically allowed, provided that all other requirements of this chapter are satisfied. Each use within a multiple use building shall be required to apply for separate zoning permits. The parking requirements shall be met for each use, and the dimensional requirements for the most restricted use shall apply. This provision by itself shall not be used to allow outdoor vending.

   B.   If a building includes multiple indoor retail sales businesses, each retail sales business shall have its own pedestrian access onto a street, sidewalk or hallway, and shall be separated from other retail sales businesses by a wall, unless the use is specifically approved as a kiosk, farmer's market, flea market or antique mall. [Added 2-14-2011 by Ord. No. 8-2011]

See also Note 3 in the table of dimensional requirements for the R-3 District (§ 600-804A) and Note 1 in the table of dimensional requirements for the C-R District (§ 600-808A).

When a lot has frontage on a public street which is or will be subject to a widening of the right- of-way, all required dimensional requirements, restrictions and limitations shall be measured from the edge of the public or established ultimate right-of-way as specified on official County Geographic Information System records, or where not available in such source, in the City Topographical Survey or the City's adopted Official Map.

Emergency access shall be provided by way of paved streets, alleys, hard surface and/or marked stabilized turf driveways along at least three of four sides of all buildings that have a width or length exceeding 250 feet. No emergency access shall be located more than 200 feet from the building it services. If emergency access requirements are satisfied by constructing a sidewalk, such sidewalk shall be at least 10 feet wide and shall have a minimum radius of 50 feet at turns and intersections and be able to support an emergency vehicle.

A new lot shall be only be allowed if it will abut a public street, or a private street or parking court that the City approves as meeting such purpose after a review by the City Law Department and Department of Public Works. A new apartment building or commercial or industrial building shall not be constructed unless it is on a lot that is adjacent to such a street or approved parking court. An alley with a cartway width of less than 16 feet or a right-of-way width of less than 20 feet shall not, by itself, be used to meet the requirements of this section.

All areas fronting a public street shall be considered as front yards, with all uses, buildings or structures regulated accordingly. For corner lots, the rear yard will be considered the yard opposite the street address on the maps in the Department of Public Works office.

   A.   By administrative review of the Zoning Administrator, the front yard of a proposed building may be decreased in depth to the average alignment of a majority of existing buildings on the same block frontage (same side) located within 100 feet of the proposed building.

   B.   This subsection applies in place of the standard front yard setback requirements in certain cases in the R-3, C-C, C-N and C-R districts so that the front yard building setback is consistent with the average existing setback. This section shall only apply if more than 75% of the lots within the block frontage are occupied by a principal building. The required front yard building setback shall apply from a public street right-of-way for a new principal building. A majority of the front building wall and/or the front porch of such new building shall meet such required building setback. An area used for outdoor seating of a restaurant shall be considered the same as a front porch.

      (1)   The required front yard building setback shall be based upon the average setback of all existing principal buildings that are on the same side of the same block frontage of the street. The required front yard building setback shall not vary from the average setback by more than five feet to the front or to the back of the average setback.

         (a)   For example, if two lots on one side have existing five-foot setbacks, and two lots on the second side have existing fifteen-foot setbacks, the average shall be 10 feet. Therefore, if the average setback is 10 feet, the minimum front yard building setback for a new building shall be five feet and the maximum front yard building setback shall be 15 feet.

      (2)   If one existing building on another lot has a front setback that is more than 25 feet different in setback from the average of the other buildings, it shall not be considered in the average. A lot that is not occupied by a principal building shall not be considered in the average.

      (3)   If a lot includes more than one principal building, this provision shall apply to the building that is closest to the front. For a corner lot, this provision shall apply to the one street line that has the most principal buildings fronting upon it, and shall not require a smaller setback that is otherwise required along the second street line.

      (4)   If the Zoning Administrator determines that there is not an average front yard building setback, then the minimum front yard building setback shall apply.

      (5)   A larger setback may still be required if necessary to comply with City sight clearance regulations at an intersection.

   C.   An unenclosed stoop or steps may intrude into the front yard setback.

   D.   The removal or enclosure of a front porch shall need special exception approval. The Zoning Hearing Board shall consider whether the change would harm the character of the block, considering the presence of porches on other buildings within the block. The Board may place conditions upon the design of an enclosure or a replacement porch to maintain consistency with other buildings on the block. This requirement shall not apply in any of the following cases:

      (1)   If the porch removal or enclosure will require City approval under Chapter 295, Historic Districts;

      (2)   If the porch includes less than 20 square feet of floor area;

      (3)   If the porch covers historic architectural details of the facade and the porch was not original to the structure; or

      (4)   If the porch was added after 1950.

   A.   Porches, decks, patios and stoops that are open on all sides (except the side attached to a building) and which may have a roof or awning, may be placed in a required front yard and rear yard, provided they do not extend for a distance into more than one-third of the required front yard and/or rear yard area. In any case, such feature may intrude up to 10 feet into a front yard setback. A raised deck shall still meet side yard setbacks. An open or lattice-enclosed fire escape or fire-rated outside stairway may project into any yard not more than 50% of the distance from the building wall to the lot line. Drive-through canopies shall conform to § 600-1004 of this chapter.

   B.   An unenclosed ramp for wheelchairs shall be allowed to intrude into a required setback as is necessary to provide access to the building or facility. Where access is possible using a ramp to the side or rear of a building, such side or rear access shall be used instead of intruding into a required minimum front yard setback.

   C.   A standard chimney connected to the heating source and connected to the principal building may intrude up to three feet into a setback. An eave or similar overhang of a roof may intrude up to three feet into a setback.

The maximum structure height specified for each district shall not apply to: water towers, decorative clock or bell towers, steeples and religious symbols attached to places of worship, electrical transmission lines, elevator shafts, skylights, chimneys, heating/ventilation/air- conditioning equipment, industrial mechanical equipment areas that are not occupied by humans, or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy. However, all features shall still comply with the height regulations within the Airport Approach Zones. Wind turbines and telecommunications towers and antenna, where allowed, shall meet the applicable height limits for such uses, as opposed to the height limit of the district. See § 600-918 for solar collection devices.

   A.   Lighting (other than streetlights and natural sources) shall be shaded, shielded and directed to prevent the creation of glare or a light intensity that will be nuisance to residents, pedestrians or motorists.

   B.   Spillover. Between the hours of 10:00 p.m. and 6:00 a.m., a sign or other illumination utilized on private property shall not cause a spillover of light of an intensity in excess of 2.0 horizontal footcandles onto another lot that is not in common ownership. This maximum intensity shall be reduced to 1.0 horizontal footcandles between 10:00 p.m. and 7:00 a.m. on a principally residential lot in a residential zoning district. The spillover shall be measured at a height of five feet above grade. Overhead lighting of public recreational facilities, beyond what is necessary for security, shall not shine directly onto dwellings between 10:00 p.m. and 7:00 a.m.

   C.   Streetlighting exempted. This section shall not apply to:

      (1)   Streetlighting that is owned, financed or maintained by a public utility, the City or the state; or

      (2)   An individual porch light (not including a spot light).

   D.   Height of lights. No luminaire, spotlight or other light source that is within 200 feet of a lot line of an existing dwelling or approved residential lot shall be placed at a height exceeding 35 feet above the average surrounding ground level. This limitation shall not apply to:

      (1)   Lights needed for air safety;

      (2)   Lights intended solely to illuminate an architectural feature of a building;

      (3)   Lighting of outdoor public recreation facilities or stadiums; or

      (4)   Lighting of a wall-mounted sign that is allowed to be placed at a taller height.

   E.   Diffused. All light sources, including signs, shall be properly diffused as needed with a translucent or similar cover or shielded to prevent exposed bulbs from being directly visible from streets, public sidewalks, dwellings or adjacent lots. This provision shall not apply to LED lights or to bulbs of 25 or less watts.

   F.   Shielding. All light sources, including signs, shall be carefully directed and placed to prevent the lighting from creating a nuisance to reasonable persons in adjacent dwellings, and to prevent the lighting from shining into the eyes of passing motorists.

   G.   Flickering. Flashing, flickering or strobe lighting are prohibited, except for nonadvertising seasonal flashing lights between October 30 and January 10.

   H.   Gasoline sales canopies. Any canopy over gasoline pumps shall have light fixtures recessed into the canopy or screened by an extension around the bottom of the canopy so that lighting elements are not visible from another lot or street.

   I.   Lighting of horizontal surfaces. For the lighting of predominantly horizontal surfaces such as parking areas and vehicle sales areas, lighting fixtures shall be aimed downward and shall include full-cutoff measures as needed to properly direct the light and to meet the maximum spillover requirements of Subsection B and to prevent glare onto streets. The City may require that light fixtures for nonresidential uses be placed along the street and be aimed away from the street in a manner that also minimizes light shining onto residential lots, or that shielding and reflective devices be used with light fixtures to aim the light away from the dwellings.

   J.   Lighting of nonhorizontal surfaces. For lighting of predominantly nonhorizontal surfaces, such building walls and wall signs, lighting fixtures shall be fully shielded and shall be aimed so as to not project light: towards neighboring residences; past the object being illuminated; or skyward. Any lighting of a flag shall use a beam no wider than necessary to illuminate the flag. Any lighting of a new billboard should be attached to the top of the billboard and project downward.

   K.   Upward lighting and lasers. Spotlights shall not be directed upwards into the sky. Laser lights shall not be directed into the sky to attract attention to a business or activity. This subsection shall not apply to theaters, arenas or performing or visual arts centers in the C-C District, or as part of a City-sponsored special event.

   L.   Neon and similar lighting. The use of neon, argon and similar lighting shall be prohibited within residential districts for commercial advertising purposes if it is visible from a dwelling on another lot.

A minimum of one shade tree per newly constructed principal residential unit and/or business establishment shall be required, which shall meet species and planting requirements set forth by the City Shade Tree Commission and Chapter 515, Subdivision and Land Development. If a new principal commercial, industrial or institutional building is constructed, a minimum of one shade tree shall be required for each 50 feet of abutting street length. Such trees are not required to be evenly spaced. The location of the trees shall be subject to approval by the designated City staffperson, and do not necessarily need to be placed within a street right-of- way. If an application will be required by Chapter 515, Subdivision and Land Development, to provide similar tree planting, then the SALDO requirement shall apply in place of this chapter requirement.

In recognition that enabling statutes are not intended to give to municipalities authority to control the Commonwealth of Pennsylvania or its agents, and in recognition that the United States is supreme when it operates within its powers, and that neither a state nor its political subdivisions may interfere with it, the City hereby declares that this chapter shall yield to the use, height, bulk and area controls, and other such controls contained within this chapter, established by either the Commonwealth of Pennsylvania or the United States of America, when such controls are lawfully established pursuant to legislation governing urban renewal, consistent with a City-approved urban renewal plan. The City acknowledges that the strict enforcement of the regulations contained herein would, if those regulations were inconsistent with lawful urban renewal controls, constitute interference with the United States and/or the Commonwealth of Pennsylvania in the legitimate exercise of its/their constitutional duties.

   A.   This section shall extend to a redevelopment authority, where authorized by City Council and which is operating under authority granted to it by the Commonwealth of Pennsylvania.

   B.   In the event that there are no urban renewal parcel controls specified, the zoning district standards established in this chapter shall apply.

No use shall generate odors or dust that are offensive to persons of average sensitivities beyond the boundaries of the subject lot.

   A.   Site plans submitted to the City shall show the proposed location of any garbage (includes refuse) dumpsters. The Zoning Administrator may require that such proposed location be modified to provide compatibility with adjacent uses. [Amended 2-14-2011 by Ord. No. 8-2011]

   B.   Garbage dumpsters shall be surrounded on all sides by a solid fencing, wall, landscaping and compatible gate with a minimum height of five feet if the dumpster would be visible from a street or a residential lot. This section is not intended to regulate temporary dumpsters for construction or renovation debris, while a permit for the lot is active. This section shall also not regulate the use of a dumpster on a lot for up to 30 total days per calendar year.

   A.   No principal or accessory use its operations or activities shall generate a sound level exceeding the limits established in the table below, when measured at the specified locations:

 

 

Note: dBA means "A"-weighted decibel.

   B.   The maximum permissible sound level limits set forth in the above table shall not apply to any of the following noise sources:

      (1)   Sound needed to alert people about an emergency.

      (2)   Repair or installation of utilities or construction of structures, sidewalks or streets between the hours of 7:00 a.m. and 10:00 p.m., except for clearly emergency repairs which are not restricted by time.

      (3)   Lawnmowers, snowblowers, leaf blowers, and household power tools.

      (4)   Agricultural activities, livestock and other animals.

      (5)   Public celebrations specifically authorized by City Council or a county, state or federal government agency or body.

      (6)   Unamplified human voices.

      (7)   Routine ringing of bells and chimes by a place of worship or municipal clock.

      (8)   Vehicles lawfully operating on a public street, railroads and aircraft.

      (9)   Matters that are regulated by Chapter 387, Noise.

   A.   Areas of a balcony or the roof over a building or parking structure that are primarily covered by attractive vegetation and accessory walkways and are accessible to and usable by persons, and are designed to absorb significant runoff shall not count as impervious area for the purposes of calculating impervious coverage under this chapter. (See the City stormwater regulations 18  to determine whether these areas would be considered impervious for the purposes of the stormwater requirements.)

      (1)   However, in no case shall this incentive reduce the amount of ground level vegetative area to less than 5% of a lot in a commercial or industrial district, or 10% in an R-3 District or 25% in all other districts. [Amended 2-14-2011 by Ord. No. 8-2011]

   B.   Areas above underground parking that are covered by attractive vegetation and are accessible to and usable by persons, and are designed to absorb significant runoff, shall not count as building coverage for the purposes of calculating building coverage under this chapter.

   C.   For each 1,000 square feet of building floor area that achieves "certification" or a higher level under the Leadership in Energy and Environmental Design (LEED) Green Building Rating System, an additional 300 square feet of building coverage shall be allowed beyond the maximum building coverage requirement.

      (1)   If a building is approved to be certified as a condition of an incentive under this chapter and certification is not met after completion, then the applicant is required to make modifications to the project until such certification is received. The City may require that a LEED certified professional and the building owner provide written evidence during the construction process that the features are being installed that were part of the proposed certification.

      (2)   However, in no case shall this incentive reduce the amount of ground-level vegetative area to less than 5% of a lot in a commercial or industrial district, or 10% in an R-3 District or 25% in another district.

   D.   Solar collection devices may extend a maximum of 15 feet above the maximum height limit and are a permitted-by-right use in all districts. Solar collection devices serving signs may extend 10 feet above the maximum height of the sign.

   E.   If solar collection devices are installed above vehicle parking, such structures shall not be regulated as part of building coverage.