Saxonburg City Zoning Code
PART 6
GENERAL PROVISIONS OFF-STREET PARKING, LOADING AREA SIGNS, PERFORMANCE STANDARDS AND DESIGN STANDARDS
§ 27-61 Intent.
[Ord. 366, 2/5/1992, Art. VI, § 6.00]
Provisions of this Part are of general application to the several districts described in Part 4. It is the intent of this Part to set down provisions for off-street parking and loading areas, to prevent congestion in the street, regulate the size and location of signs, promote and protect property values and to provide for the health, safety and welfare of the citizenry.
§ 27-62 Parking Requirements.
[Ord. 366, 2/5/1992, Art. VI, § 6.01; as amended by Ord. 392, 9/3/1997, § 1; by Ord. 416, 1/5/2004, § 4; and by Ord. 437, 5/6/2009]
Each off-street parking space shall be a minimum of 10 feet wide and 20 feet long and shall have a total area of not less than 200 square feet exclusive of driveways or aisles. The gross parking area required including driveways and aisles shall be 300 square feet per vehicle. If the required parking space for a one- or two-family dwelling is not provided in a covered garage, then such space shall be not less than 200 square feet, and shall be so located and/or constructed that it may later be covered by a garage structure in accordance with the provisions of this chapter and the Borough Building Code.
A.
Location. Off-street parking facilities shall be located as hereinafter specified. Where a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking facility to the nearest point of the building that such facility is required to serve.
(1)
For one- and two-family dwellings. Parking areas shall be on the same lot with the building they are required to serve.
(2)
For multiple dwellings. Parking areas shall not be located more than 100 feet away.
(3)
For hospitals, sanitariums, nursing homes, retirement communities, rooming and boarding houses: Parking areas shall not be located more than 300 feet away.
(4)
For uses other than those specified above: Parking areas shall not be located more than 500 feet away.
B.
Expansion and Enlargement. Whenever any building is enlarged in height or in lot coverage, off-street parking shall be provided for said expansion or enlargement in accordance with the requirements of the schedule contained in Subsection (H), below; provided, however, that no additional parking spaces shall be required for the enlargement or expansion where the number of parking spaces required for such expansion or enlargement is less than 10% of the parking specified in the schedule for the building. Nothing in this provision shall be construed to require an increase in the number of off-street parking spaces required for the portion of such building existing at the time of passage of this chapter.
C.
Trailers or vehicles of any kind without a current license plate; without a current valid state inspection sticker; or inoperable shall be housed/parked in a completely enclosed building, except in an approved junkyard.
D.
In residential zoning districts, no vehicle in excess of 9,000 pounds gross vehicle weight (GVW) shall be parked on any lot and no more than one commercial vehicle 9,000 pounds GVW or less shall be parked on any lot at any one time.
E.
Nonconforming Uses. Nothing in this chapter shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities to serve any existing use of land or buildings provided that all regulations herein governing the location, design and operation of such facilities are adhered to.
F.
Surfacing. All driveways and open off-street parking areas, except those accessory to single-family and two-family dwellings, shall be improved with six-inch base, with asphalt, tar and chips, concrete or other similar dustless surface material of adequate thickness to support the weight of fully-loaded vehicles which customarily park or travel on it. All driveways or open off-street parking spaces serving single-family and two-family dwellings may be of alternative dust-free surfaces. Parking areas shall be completed prior to occupancy of the building for which the parking is provided.
G.
Mixed Use Occupancies. In the case of mixed uses, the total requirements for the various uses shall be computed separately. Shared use of off-street parking facilities for mixed uses may be approved if it is demonstrated that the hours of operation at the uses do not coincide.
H.
Table of Minimum Standards. Required parking spaces shall be provided in conformance with the following table. Where alternative standards prevail, stricter provisions shall apply. Where the computation results in a fraction of a parking space, any fraction shall be counted as one parking space.
Table of Minimum Standards | |
|---|---|
Use | Spaces Required |
Single-Family, Two family or multifamily Dwellings | 2 per dwelling unit |
Boarding/lodging houses | 1 per unit |
Nursing homes and personal care boarding homes | 1 per 3 beds plus 1 per maximum number of staff on duty |
Group care facility or transitional dwelling | 1 for each resident authorized to operate a vehicle plus 1 for each staff |
Retirement community | 1 per dwelling unit |
Day-care center | 1 space for each staff person plus a minimum of 4 spaces for visitors |
Motels and hotels | 1 per sleeping room plus 1 per maximum number of employees on duty plus 1 for each 80 square feet of ballroom, lounge or restaurant area |
Hospitals | 1-1/2 spaces per bed plus 1 for each physician and employee on peak shift |
Theaters | 1 per 3 seats |
Churches, auditoriums and similar enclosed places of assembly | 1 per 3 seats or 80 lineal inches of pew or 40 square feet of gross floor area used for assembly purposes whichever requires the greater number of spaces |
Stadium, sports arenas and similar open assemblies | 1 per 4 seats and/or 1 per 100 square feet of assembly space without fixed seats, whichever is greater |
Bowling alleys | 5 per alley |
Swimming pools, public, private or commercial | space per 50 square feet of surface water area |
Other recreational facilities | 4 spaces for each tennis court and 10 spaces for each playing field or other active area such as playground, basketball court, etc. |
Private clubs | 1 for every 3 members |
Medical and dental clinics | 1 per 400 square feet of gross floor area |
Banks, business and professional offices with on-site customer service | 1 per 400 square feet of gross floor area |
Offices not providing customer service | 1 per 4 employees or 1 per 500 square feet of gross floor area |
Funeral homes | 1 per 40 square feet of gross floor area used for assembly |
Warehouse, storage & wholesale business and freight terminals | 2 per 3 employees on a maximum work shift |
Furniture, appliance, hardware, clothing, shoe, personal service stores | 1 per 600 square feet of gross floor area |
Food and beverage places: | |
If less than 4,000 square feet of floor area | 1 per 200 square feet of gross floor area |
If over 4,000 square feet of floor area | 20 plus 1 per 100 square feet of floor area in excess of 4,000 square feet |
Drive-in facilities and on-site farm sales | 5 per 100 square feet of gross floor area |
Motor vehicle, machinery plumbing, heating, ventilating, building supplies, stores and services | 1 per 1,000 square feet of gross floor area, or 1 per 3 employees |
Other retail: | |
If less than 5,000 square feet of floor area | 1 per 300 square feet of gross floor area |
If more than 5,000 square feet of floor area | 1 per 250 square feet of gross floor area accessible to the public plus 1.5 spaces per 1,000 square feet of other floor area |
Manufacturing uses, research testing and processing, assembling, all industries | 1 per employee on the maximum shift, but not less than 1 per each 800 square feet of gross floor area |
Libraries and museums | 1 per 250 square feet of gross floor area |
Schools, elementary and private or parochial | 1 per each employee & each faculty member |
Schools, high, public, private or parochial | 1 per 50 students plus 1 per each employee and each faculty member |
Reception hall | 1 per 25% of the maximum occupancy as defined by the Pennsylvania Department of Labor and Industry Occupancy Permit |
(9)
Plans. The plan or the proposed parking area shall be submitted to the Zoning Officer at the time of the application for the building for which the parking area is required. Said plan shall clearly indicate the proposed development, including location, size, shape, design, curb cut, lighting, landscaping, construction details and other features and appurtenances required. All traffic control devices such as parking stripes, and other developments, shall be installed and completed as shown on the approved plan. This plan shall be approved by the Zoning Officer by a signature and date of approval. A copy shall be returned to the applicant and a copy shall be filed with the building permit application.
(10)
If minimum parking requirements cannot be met for any use which does not require overnight parking, a variance may be requested.
§ 27-63 Loading Area Requirements.
[Ord. 366, 2/5/1992]
Each off-street loading space shall measure not less than 30 feet by 12 feet and shall have an unobstructed height of 14 feet eight inches and shall be made permanently available for such purposes, and shall be hard-surfaced, improved and maintained.
Table of Minimum Standards |
|---|
Required loading spaces shall be in conformance with the following table: |
Department stores, freight terminals, hospitals, industrial or manufacturing establishments, retail or wholesale stores or storage warehouses, or any similar use which has, or intends to have a gross floor area of 10,000 square feet or more, shall provide truck loading or unloading berths: |
Square feet or aggregate gross floor area | Required number of berths |
|---|---|
Under 10,000 | None |
10,000 to 15,999 | 1 |
18,000 to 39,999 | 2 |
40,000 to 66,000 | 3 |
For each additional 16,000 | 1 additional |
Auditoriums, convention or exhibit halls, sports arenas, hotels, office buildings, restaurants or similar use which have, or intend to have a gross floor area or 40,000 square feet or more, shall provide truck loading or unloading berths: |
Square feet or aggregate gross floor area | Required number of berths |
|---|---|
Under 40,000 | None |
40,000 to 59,999 | 1 |
80,000 to 99,9G9 | 2 |
100,000 to 180,000 | 3 |
For each additional 80,000 | 1 additional |
§ 27-64 Signs.
[Ord. 366, 2/5/1992, Art. VI, § 6.03]
1.
Classes of Signs. Signs are classified by physical attributes into the following categories.
A.
Freestanding. A sign supported on a foundation or by one or more uprights, poles or braces permanently affixed to the ground and not attached to any building or other structure, including:
(1)
Pole Sign. A freestanding sign which is supported by one or more poles, uprights or braces and which has a minimum clearance between the bottom edge of the sign and the adjacent ground level, as specified by this chapter.
(2)
Ground Sign. A freestanding sign which is affixed to the ground by means of a permanent foundation and which provides a maximum clearance of 18 inches between the bottom edge of the sign and the adjacent ground level.
B.
Wall. A sign attached to and erected parallel to the face of any outside wall of a building, projecting outward no more than six inches from the wall of the building.
C.
Bulletin. A type of changeable copy sign constructed to allow letters or symbols to be changed periodically such as those used by churches and schools to announce events.
D.
Roof Sign. A sign erected and maintained upon or above the roof of any building which projects no more than six feet above the roof.
E.
Overhanging. A sign, other than a wall sign, affixed to a building or wall whose leading edge extends beyond such building or wall more than six inches.
F.
Billboard. Any sign, as defined herein, which advertises an establishment, person, activity, product or service which is unrelated to or not available on the premises where the sign is located.
G.
Changeable Copy. A sign that is designed so that characters, letters or illustrations can be changed or rearranged without altering the face or surface of the sign.
H.
Indirectly Illuminated. A sign which is lighted means of lamps or lighting devices external to, and reflected on, the sign, which lighting is stationary and constant in intensity and color at all times and which is shielded so that the illumination is concentrated on the face of the sign and there is no spillover of illumination or glare beyond the face of the sign.
I.
Internally Illuminated. A sign which is lighted by means of lamps or lighting devices internal to the sign, which lighting is either behind the face of the sign is an integral part of the sign structure and the advertising effect.
J.
Off-Premises Directional. A sign erected by a governmental agency which directs and/or instructs vehicular or pedestrian traffic relative to the location of a public building or use or a semipublic building or use such as a church, school, park, municipal building, or similar use and which is located in a public street right-of-way with the permission of the owner of the right-of-way or on premises other than the premises where said building or use is located with the permission of the owner. Off-premises directional signs shall not include billboards, as defined herein, or any other off-premises sign which contains information regarding any commercial or business use.
2.
Types of Signs. Signs are categorized by use, function or purpose into the following types:
A.
Residential Identification. A sign containing only the name and address of the occupant of the premises.
B.
Home Occupation or Home Office Identification. A sign containing only the name and address of the occupant of the premises and their occupation. No logos or other advertising shall be permitted.
C.
Residential Plan Identification Sign. A permanent wall or freestanding ground sign containing only the name and address of a plan of subdivision or a multifamily building or development.
D.
Real Estate. A temporary sign advertising the sale or rental of premises. The signs may also bear the works "sold," "sale pending" or "rented" across their face.
E.
Development. A temporary sign erected during the period of construction and/or development of a property by the contractor and developer or their agent.
F.
Construction. A temporary sign announcing the name of contractors, mechanics or artisans engaged in performing work on the premises.
G.
Notification. Signs bearing legal and/or property notices such as: no trespassing, private property, no turnaround, safety zone, no hunting and similar messages and signs posted by a governmental agency for traffic control or the safety of the general public.
H.
On-premises Directional. A sign which directs and/or instructs vehicular or pedestrian traffic relative to parking areas, proper exits, loading areas, entrance points and similar information on the premises on which it is located.
I.
Political Sign. A temporary sign which indicates the name, cause or affiliation of anyone seeking public office or which refers to an issue concerning which a public election is scheduled to be held.
J.
Agricultural Sales. A temporary sign permitted in connection with any operating farm used only to announce the sale of seasonal products raised on the premises.
K.
Business Identification Sign. A sign which contains the name, address and goods, services, facilities or events available on the premises.
L.
Temporary Special Event Display. A banner, flag, pennant or similar display, constructed of durable material and affixed to the wall of a building erected for a period of less than 60 days whose sole purpose is to advertise a grand opening or other special event.
3.
General Regulations. The following regulations shall apply to signs in all zoning districts.
A.
Restricted Signs. The following signs shall not be permitted in any zoning district:
(1)
"A-Frame" or sandwich board signs;
(2)
Portable or wheeled Signs;
(3)
Banners and pennants, other than temporary special event displays authorized by this chapter;
(4)
Moving or flashing signs, except for that portion of a permitted sign which indicates time or temperature;
(5)
Signs on trees, utility poles or official traffic control devices or signs;
(6)
Signs which imitate traffic control devices;
(7)
Signs painted on malls or chimneys of a building or on fences or walls;
(8)
Roof signs, as defined herein; and
(9)
Signs on or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property or private property, other than temporarily for overnight storage on the site of a business or for maintenance, repair, loading, unloading or rendering a service at any location, which are visible from the public right-of-way and where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property.
B.
Lots with Multiple Street Frontage. In all zoning districts, lots fronting on more than one street shall be permitted to have one sign which is authorized per lot on each street frontage.
C.
Temporary Signs. In all zoning districts where authorized by § 27-94(D), real estate, construction and development signs shall be considered temporary signs which shall be removed within 30 days of the completion of sales or construction.
D.
Notification Signs. In all zoning districts, the number, location and size of legal notification in accordance with the laws of the commonwealth. In all zoning districts, legal notification signs posted on private property by property owners such as "no trespassing," "no hunting" and the like shall be limited to a surface area not exceeding two square feet. The placement and maximum number of signs permitted along road frontages shall be one sign for every 100 feet of road frontage.
E.
Location. All signs shall be located on the premises of the establishment, person, activity, product or service to which they refer, unless approved as a billboard or off-premises directional sign in accordance with the requirements of this chapter.
F.
Visibility. No sign shall be located in such a position that it will cause a hazard by obstructing visibility for traffic on a street or obscuring a traffic signal or other traffic control device. No sign, other than official traffic signs, shall hang over or be erected within the right-of-way of any street.
G.
Illumination. Illumination, when authorized by this chapter, shall be directed upon the sign face and not towards adjoining properties or streets. Flashing or oscillating signs shall not be permitted. Lighting shall be stationary and constant in intensity and color at all times. The intensity of any source of illumination of any sign, whether indirect or internal, shall be controlled so as to not create glare and to be compatible with the intensity of ambient light and illumination on surrounding properties.
H.
Maintenance and Inspection. All signs must be constructed of a durable material and maintained in good condition. Any sign found to be in an unsafe condition upon inspection shall be declared to be a public nuisance and the Zoning Officer shall give notice to the owner in writing to repair or remove the sign within 10 days. Upon failure of the owner to comply, the Borough shall remove the sign at the owner's expense.
I.
Removal of Signs. Whenever any business is discontinued or vacated, all signs relating to the discontinued or vacated business shall be removed within 30 days of the vacation or discontinuance of the business. Upon failure of the owner to comply, the Borough shall remove the sign at the owner's expense.
J.
Permits Required. No permit shall be required for the following types of signs as described in § 27-64(2), above: notification, real estate, residential identification, political and construction signs. Permits for all other signs authorized by § 27-64(4) through § 27-64(6) shall be required. The Zoning Officer shall issue the required permits upon submission of an application which complies with all applicable provisions of this chapter and payment of the required fee established from time to time by resolution of Borough Council.
4.
Signs Authorized in All Zoning Districts. The following signs are authorized in all zoning districts:
A.
One bulletin sign which is nonilluminated or indirectly or internally illuminated and which does not exceed 24 square feet in surface area, shall be permitted in connection with any church, school, library or similar public or semipublic building.
B.
One nonilluminated temporary real estate sign or development sign advertising the sale or lease of the property on which the sign is located shall be permitted provided the surface area of the sign shall not exceed six square feet in any residential zoning district or 32 square feet in any other zoning district. Such signs shall be removed within 30 days of the sale, lease, or completion of development of the property.
C.
One nonilluminated temporary construction sign announcing the names of contractors, mechanics or artisans engaged in performing work on the premises shall be permitted on a lot, provided the sign shall not exceed 12 square feet in area and shall be removed immediately upon completion of the work.
D.
One nonilluminated temporary special event display sign, as defined by this chapter, shall be permitted to be erected over a public right-of-way or on the face of a public building, church or building housing a nonprofit organization, provided that the area of the signs shall not exceed 40 square feet and provided the sign is displayed for a period no longer than 15 days and is removed within five days following the event that it is erected to promote. No such temporary special event display sign shall be permitted to be erected over a public right-of-way without permission from Borough Council.
E.
One nonilluminated home occupation or home office identification sign shall be permitted for an approved home occupation, provided that the surface area of the sign does not exceed one square feet and the sign shall contain only the name and occupation of the resident and shall not contain any logo or other advertising.
F.
Nonilluminated temporary political signs erected during a political campaign shall be permitted, provided that they are not of a type restricted by § 27-64(3) of this chapter and provided that the surface area of such signs shall not exceed six square feet and the signs shall be removed within five days after the election for which they were erected.
5.
Signs Authorized in Agricultural and Residential Zoning Districts. The following signs shall be permitted in all agricultural and residential zoning districts:
A.
One nonilluminated or indirectly illuminated permanent wall or freestanding ground residential plan identification sign containing only the street address and/or name of a residential subdivision plan or multifamily building or development which shall not exceed 12 square feet in area. A sign identifying the name of a residential subdivision may be affixed to a freestanding decorative wall, rather than to a building wall, provided that the decorative wall meets all applicable ordinance requirements and does not obstruct visibility for traffic entering or leaving the plan.
B.
One nonilluminated or indirectly illuminated wall or freestanding ground identification sign for any nonresidential use, other than a home occupation, authorized as a conditional use or use by special exception in an agricultural or residential zoning district which shall not exceed 12 square feet in area.
C.
One nonilluminated or indirectly illuminated wall or freestanding ground business identification sign for a lawfully maintained nonconforming use in an Agricultural or residential zoning district which shall not exceed 12 square feet in area.
6.
Signs Authorized in Commercial and Industrial Districts. The following signs shall be permitted in all C and M zoning districts:
A.
Temporary Special Event Display. Temporary special event displays, as defined by this chapter, shall be permitted provided that:
(1)
No more than two signs or banners shall be permitted on any establishment at any one time;
(2)
The temporary special event display signs shall be securely attached to the building or to the supporting structure of a freestanding pole business identification sign;
(3)
Temporary special event display signs shall be displayed for a period not exceeding 30 days, either consecutively or cumulatively, in any twelve-month period;
(4)
The aggregate surface area of all temporary special event display signs shall not exceed 40 square feet per establishment. In the event that there is more than one establishment on a site, the maximum aggregate surface area of all temporary special event display signs on the site at any one time shall not exceed 100 square feet;
(5)
Portable signs shall not be considered temporary special event display signs; and
(6)
Temporary special event display signs shall be nonilluminated.
B.
Directional Signs. On lots with areas less than one acre, a maximum of four nonilluminated or indirectly illuminated directional signs, each of which shall not exceed four square feet in area, shall be permitted. On lots with areas of one acre or more, a maximum of six nonilluminated or indirectly illuminated directional signs, each of which shall not exceed four square feet in area, shall be permitted on the first acre. For each additional acre or fraction thereof over one acre, two additional directional signs shall be permitted.
C.
Changeable Copy Signs. In addition to the authorized business identification signs, one nonilluminated or internally illuminated changeable copy sign shall be permitted per lot, regardless of the number of businesses on the lot, which shall not exceed 30 square feet in area and which shall be permanently affixed to the wall of the building or to the supporting structure of an authorized freestanding sign on the lot.
D.
Business Identification Signs.
(1)
Wall Signs. Each business establishment shall be permitted to have wall signs which may be illuminated or nonilluminated. The aggregate area of all wall signs shall not exceed two square feet for each lineal foot of width of the front wall of the building, or portion of the building, occupied by the business.
(2)
Ground Signs. In addition to the wall signs, one freestanding ground sign shall be permitted per lot, regardless of the number of businesses on the lot, provided that:
(a)
No freestanding pole sign exists or is proposed to be erected on the lot.
(b)
The maximum surface area of the ground sign shall not exceed 24 square feet.
(c)
The height and location of the sign shall be designed so as to not interfere with visibility for vehicular traffic entering or leaving the lot or traveling on any street.
(d)
Ground signs shall be nonilluminated or indirectly illuminated only. Internally illuminated ground signs shall not be permitted.
(3)
Pole Signs. In addition to the authorized wall signs, one freestanding pole sign shall be permitted per lot, regardless of the number of businesses on the lot, provided that:
(a)
No freestanding ground sign exists or is proposed to be erected on the lot.
(b)
The pole sign shall be nonilluminated, indirectly illuminated or internally illuminated.
(c)
The maximum height of the top of the pole sign shall be 20 feet;
(d)
The minimum height of the bottom edge of the sign shall be eight feet;
(e)
The maximum size of the freestanding pole sign shall not exceed 64 square feet and neither dimension of such sign shall be less than six feet; and
(f)
No portion of any sign shall project over any public right-of-way.
(4)
Overhanging Signs. Overhanging signs shall be permitted only in place of a wall sign in the C-1, Central Business, District. Overhanging signs shall include marquees, awnings or similar structures, if they are used for business identification. The maximum surface area of an overhanging sign shall be 24 square feet.
(5)
Billboards. Billboards shall be permitted only when granted by the Zoning Hearing Board as a use by special exception in the M District, subject to the express standards and criteria of § 27-53(2)(8) of this chapter.
§ 27-65 Performance Standards.
[Ord. 366, 2/5/1992, Art. VI, § 6.04]
1.
The following performance standards shall apply to all uses authorized in the C-1, Central Business, District; C-2, Convenience Commercial, District; and M, Manufacturing, District. The performance standards shall apply also to those conditional uses and uses by special exception where the express standards and criteria specifically reference this section.
2.
As part of an application for zoning approval, the applicant shall be required to provide qualified expert testimony regarding compliance with these performance standards. The cost of services for qualified expert consultants shall be paid by the applicant.
A.
Fire Hazards and Protection. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire fighting and fire suppression equipment acceptable to the Board of Fire Underwriters and shall be readily available when any activity involving the handling of storage of flammable or explosive materials is carried on.
B.
Radioactivity or Electrical Disturbances. No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.
C.
Noise. Noise which is determined to be objectionable because of volume or frequency shall be muffled or otherwise controlled, except for fire sirens and related apparatus used solely for public safety purposes. Noise in excess of 90 decibels as measured on a decibel or sound level meter of standard quality and design operated on the A-weighting scale at a distance of 25 feet from any property line of the property on which the noise source is located shall not be permitted.
D.
Vibration. No vibration shall be permitted which is discernible without instruments on any adjoining lot or property, except that the temporary vibration as a result of construction activity shall be permitted.
E.
Smoke. The maximum amount of smoke emission permitted shall be determined by use of the Standard Ringlemann Chart issued by the United States Bureau of Mines. No smoke of a shade darker than No. 2 will be allowed.
F.
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. This shall not apply to any form of fertilizer on property where agriculture is a permitted use.
G.
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 or which can cause soiling of property.
H.
Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.
I.
Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties.
J.
Water Pollution. The method for discharging liquid and solid wastes to public sewers, drains, or watercourses, shall be acceptable under the provisions of the Pennsylvania Sewage Facilities Act, Act 537 of 1988, as same may be amended from time to time and all applicable Borough ordinances.
K.
Continuing Compliance. The Zoning Officer shall investigate any alleged violation of these performance standards and, subject to the approval by Borough Council, may employ qualified technical experts to assist in the determination of a violation. Costs of the services of such experts shall be paid by the owner or operator of the facility or use alleged to be in violation, if the facility or use is found to be in violation. If the facility or use is found to be in compliance with these performance standards, said costs shall be borne by the Borough. If the facility or use is found to be in violation of these performance standards, the owner or operator shall be given written notice of the violation in accordance with § 27-113 of this chapter and shall be given a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this chapter and shall result in the revocation of the occupancy permit for the facility or use until such corrections are made.
§ 27-66 Design Standards.
[Ord. 366, 2/5/1992, Art. VI, § 6.05]
The following additional regulations shall apply in all zoning districts.
1.
Screening and Landscaping. Any portion of a lot which is not used for buildings, other structures, loading or parking spaces, sidewalks or storage areas shall be planted with an all-season ground cover and shall be landscaped with trees and shrubs in accordance with a landscape plan submitted with an application for zoning approval. In all zoning districts, not less than 10% of the lot area shall be covered with vegetative material. For changes in nonconforming uses in residential zoning districts, for nonresidential uses authorized by conditional use in residential zoning districts and for all uses in the C-1 and M Districts, a buffer area, as defined by this chapter, shall be provided along all property lines adjoining residential use or zoning district classification. In the A-1, C-1 and C-2 Districts, the required buffer area shall be at least five feet in depth measured from the property line. In the M District, the required buffer area shall be at least 10 feet in depth measured from the property line.
2.
Grading and Slope Controls.
A.
Disturbance of Natural Drainage Courses. No cutting, fill or other disturbance of land and natural vegetation is permissible within 100 feet of the center line of natural drainage courses, except as authorized by a variance granted by the Zoning Hearing Board in cases of physical hardship in accordance with the standards of § 27-77 of this chapter.
B.
Protection of Steep Slopes. Slopes in excess of 40% shall not be disturbed by grading, construction or removal of vegetation, other than the removal of dead or diseased trees or other vegetation, except that any area within a public or private right-of-way or easement may be disturbed to provide necessary public services.
C.
Seeding or Sodding of Cleared Areas. All lands, regardless of their slope, from which structures or natural cover have been removed or otherwise destroyed, shall be appropriately graded and seeded or sodded within a reasonable time of such clearance activity. The phrase "a reasonable time" shall be interpreted to be within two weeks during the growing season and shall be rigidly applied to construction activities in order to minimize erosion. When clearance activities are undertaken between November 1 and April 1, the required seeding or sodding shall be accomplished within two weeks of April 1st.
3.
Vehicular Access. Plans for commercial and industrial development shall be designed to minimize the points of access to arterial and collector roads. The site of any development which contains two or more buildings shall be designed to encourage the use of common driveways and shared parking and loading areas within the site to control access to arterial or collector roads. Ingress, egress and internal traffic circulation on the site shall be designed to minimize congestion and ensure safety and to provide accessibility to all buildings for fire-fighting equipment and emergency vehicles.
4.
Storage. Except for nurseries, garden supply, building supply, contractor's yards and similar businesses which require outside storage of materials, display and storage of materials outside a completely enclosed structure shall not be permitted for a period of more than 48 hours in the C-1 and C-2 Districts. In the case of nurseries, garden supply, building supply, contractor's yards and similar businesses, outside display and storage areas shall be completely enclosed by a security fence and shall be screened from public view from the street or any residential property by evergreen plantings, walls or opaque fencing which is at least six feet in height.
A.
In the M District, any material or equipment stored outside an enclosed building shall be incidental to the principal use of the lot and shall be stored in the rear of the building or an alternative location which screens the storage area from public view from the street. Storage areas which are visible from any residential property shall be screened by evergreen plantings, walls or opaque fencing which is at least six feet in height.
B.
In all districts, all organic rubbish and discarded materials shall be contained in tight, vermin-proof containers which shall be screened from public view by an opaque fence, wall or hedge which is at least six feet in height.
C.
Any establishment which furnishes carts or mobile baskets as an adjunct to shopping, shall provide definite areas within the required parking areas on the lot for the storage of the carts. Each designated storage area shall be clearly marked for the storage of shopping carts.