South Fayette Township
City Zoning Code
City Zoning Code
ARTICLE XVI
Supplemental Regulations
§ 240-96 Applicability.
§ 240-97 Performance standards.
All permitted uses, conditional uses and uses by special exception in all districts shall comply with the requirements of this section. In order to determine whether a proposed use will conform to the requirements of this chapter, the Board of Commissioners or Zoning Hearing Board may require a qualified consultant to testify, whose cost for services shall be borne by the applicant.
A.
Fire protection. Fire prevention and fire-fighting equipment acceptable to the Board 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 disturbance. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
C.
Noise. No operation or activity shall cause or create noise in excess of the sound levels prescribed below:
(1)
Residential districts. At no point beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 60 dBA for more than four hours during a twenty-four-hour equivalent period.
(2)
Commercial/Washington Pike Overlay and planned economic development districts: At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 65 dBA for more than eight hours during a twenty-four-hour equivalent period.
(3)
Industrial districts. At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 75 dBA for more than eight hours during a twenty-four-hour equivalent period.
(4)
Where two or more zoning districts in which different noise levels are prescribed share a common boundary, the most restrictive noise level standards shall govern.
(5)
The following uses or activities shall be exempted from the noise regulations:
(6)
In addition to the above regulations, all uses and activities within the Township shall conform to all applicable county, state and federal regulations. Whenever the regulations contained herein are at variance with any other lawfully adopted rules or requirements, the more restrictive shall govern.
D.
Vibrations. Vibrations detectable without instruments on neighboring property in any zoning district shall be prohibited.
E.
Odors. No use shall emit odorous gas or other odorous matter in such quantities as to be offensive at any point on or beyond the lot lines. The guide for determining such quantities shall be the fifty-percent response level of Table I (Odor Thresholds in Air), "Research on Chemical Odors: Part I — Odor Thresholds for 53 Commercial Chemicals," October, 1968, Manufacturing Chemists Association, Inc., Washington, D.C.
F.
Smoke, ash, dust, fumes, vapors and gases. There shall be no emission at any point for longer than five minutes in any hour of visible gray or other color smoke, ash, dust, fumes, vapors or gases with a shade darker than No. 3 on the Standard Ringlemann Chart issued by the U.S. Bureau of Mines; nor shall there be any emission at any point from any source which can cause damage to health, to animals or vegetation or other forms of property or which can cause excessive soiling at any point.
G.
Glare. All lighting devices shall be designed with shields, reflectors or refractor panels which direct and cut off light at a cutoff angle that is less than 60°. (See illustration in Appendix B.[1]) In no case shall there be spillover lighting on any adjacent residential property in excess of 0.2 footcandle.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
H.
Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties.
I.
Water pollution. Water pollution shall be subject to the standards established by the Pennsylvania Department of Environmental Protection (PA DEP).
J.
Determination of compliance with performance standards. During the review of an application for zoning approval, the applicant may be required to submit data and evidence documenting that the proposed activity, facility or use will comply with the provisions of this section. In reviewing such documentation, the Township may seek the assistance of any public agency having jurisdiction or interest in the particular issues and the Township may seek advice from a qualified technical expert. All costs of the expert's review and report shall be paid by the applicant. A negative report by the technical expert and the applicant's refusal or inability to make alterations to ensure compliance with this section shall be a basis for denying approval of the application.
K.
Continuing enforcement.
(1)
The Zoning Officer shall investigate any purported violation of the performance standards and, subject to the approval of the Board of Commissioners, 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 accused of the violation if the facility or use is found to be in violation. If the facility or use is found to be in compliance with the performance standards, said costs shall be borne by the Township.
(2)
If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance with § 240-141 of this chapter and 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 certificate of occupancy for the facility or use.
§ 240-98 Buffer areas and landscaping.
A.
Buffer areas described. Buffer areas, as defined by this chapter and required by § 240-98B, shall meet all of the following criteria. (See Appendix C for illustrations of buffer areas.)
(1)
Buffer Area A shall contain two rows of plantings. Each row shall consist of a mixture of thirty-percent deciduous and seventy-percent evergreen plantings spaced within the row a minimum of 15 feet apart, measured from the vertical center lines of adjacent trees. The two rows shall be staggered in a manner which shall result in adjacent trees on two different rows being no more than 10 feet apart, measured from the vertical center lines of the trees. The depth of Buffer Area A shall be 35 feet as measured from the property line.
(2)
Buffer Area B shall contain one row of plantings which shall consist of a mixture of thirty-percent deciduous and seventy-percent evergreen spaced within the row a minimum of 10 feet apart, measured from the vertical center lines of adjacent trees. The depth of Buffer Area B shall be 25 feet as measured from the property line.
(3)
Buffer Area C shall be comprised of a continuous, compact evergreen hedge or line of evergreen trees that will grow together when mature and that are a minimum of six feet in height at the time of planting. The depth of Buffer Area C shall be 15 feet as measured from the property line.
(4)
None of the required plantings shall encroach across any property line. All plantings shall be located so that, at maturity, all parts of the tree shall be a minimum of 2 1/2 feet from any public street right-of-way or any property line which constitutes the exterior boundary of the buffer area.
(5)
In the event that existing vegetation and/or existing topography provides screening which is adequate to meet the intent of the required buffer area to screen the buildings, activities and parking areas from adjoining residential properties, the Board of Commissioners, upon recommendation by the Planning Commission, may determine that the existing topography and/or vegetation constitutes all or part of the required buffer area. If such a determination is made, the applicant may be required to record a conservation easement of the depth specified by the Board of Commissioners to guarantee that the existing topography and/or vegetation will not be disturbed or removed from the approved buffer area.
(6)
In the event that a public street right-of-way, dedicated and accepted by the Township separates the two dissimilar uses specified, the buffer area shall not be required.
(7)
Openings for driveways shall be permitted to cross a required buffer area. Plantings in required buffer areas shall be located so as to not obstruct visibility for traffic entering or leaving the site and shall be subject to the clear sight triangle requirements of § 240-99D of this chapter.
(8)
No structures or uses shall be permitted in the required buffer area, other than fences, active or passive recreation facilities and stormwater management facilities, provided the structures or uses do not interfere with the required plantings in the buffer area and provided all plantings are located outside any stormwater management structure. Structures or uses not permitted within the required buffer area include, but are not limited to, buildings, accessory structures, parking spaces, access drives and lighting devices.
B.
Buffer areas required. Buffer Areas A, B and C listed in Subsection A above shall be required under the following circumstances:
(1)
Buffer Area A. Buffer Area A shall be required:
(a)
Along all property lines where any development in the C-2, PED, I-P or I-1 District adjoins property in an R-1, R-2, R-3 or R-4 District.
(b)
Where the express standards and criteria for a conditional use or use by special exception in § 240-95 of this chapter specify that Buffer Area A is required.
(c)
Along all property lines along the perimeter of an open space design option adjoining property in an R-1, R-2, R-3 or R-4 District and along the perimeter of an open space design option fronting on an arterial or collector street.
(d)
Along all property lines where multifamily dwellings adjoin property in an R-1, R-2, R-3 or R-4 District.
(2)
Buffer Area B.
(a)
Along all property lines where any development in the Washington Pike Overlay or in the C-1 District or any proposed nonresidential development in an R-4 District adjoins property in an R-1, R-2, R-3 or R-4 District.
(b)
Where the express standards and criteria for a conditional use or use by special exception in § 240-95 of this chapter specify that Buffer Area B is required.
(c)
Along all side and rear property lines between two lots in the PED District when the adjoining lots contain dissimilar uses such as residential adjacent to nonresidential or commercial adjacent to industrial or educational adjacent to residential, commercial or industrial.
(3)
Buffer Area C.
(a)
Where the express standards and criteria for a conditional use or use by special exception in § 240-95 of this chapter specify that Buffer Area C is required.
(b)
Along all property lines along the perimeter of an open space design option adjoining property in a C-1, C-2, PED, WPO, I-1 or I-P District and along all property lines within an open space design option separating single-family dwellings from two-family, triplex, fourplex, townhouse or garden apartment dwellings in the plan.
(c)
On developed nonresidential properties in the Washington Pike Overlay or in the R-4, C-1 or C-2 District where existing conditions such as building location and existing paving of the parking lot make it impossible to meet the requirements for Buffer Area B along a property line which adjoins property in the R-1, R-2 or R-3 District or an existing single-family dwelling in the R-4 District or Washington Pike Overlay.
D.
Existing structures in buffer areas. In instances where an existing structure is located within any required buffer area, the buffer area may be reduced, provided the buffer area is not less than the minimum distance between the existing structure and the property line. This reduced buffer area width shall apply only to the side of the existing structure which encroaches on the required buffer area. The required buffer area, as determined by Subsection B, shall apply on all other sides of the existing structure.
E.
Existing trees in buffer areas.
(1)
Where trees already exist within the required buffer area, these trees shall remain undisturbed, except that diseased or dead material may be removed. If it is determined that some healthy trees must be removed in conjunction with development, a written request to remove such trees must be submitted to the Township, along with an explanation detailing the rationale for the request. These trees shall not be removed until the Township has given written authorization permitting said removal. This permission will not be unreasonably denied; however, those who violate this section shall be subject to the maximum penalties authorized by this chapter.
(2)
When any trees, regardless of their physical condition, are removed, they shall be replaced by trees suitable to the environment. (See Appendix D for a suggested list of plant materials.[1]) All such replacement planting shall be in accordance with accepted conservation practices.
[1]
Editor's Note: Appendix D is included at the end of this chapter.
F.
Size of trees in required buffer areas.
(1)
Any existing trees within the required buffer area which are a minimum of four inches in diameter at a point one foot above the ground shall be preserved and shall count as a required tree within the buffer area. At no point, however, shall any existing trees and required trees be separated at a distance greater than the distance specified in the required buffer area.
(2)
All trees required to be planted within the buffer area shall be a minimum of two inches in diameter at a point one foot above the ground measured along the trunk of the planted tree, which tree shall be planted in accordance with accepted conservation practices. All required trees shall be a minimum of six feet in height at time of planting measured from the ground adjacent to the planted tree to the top of the tree.
G.
Responsibility for maintenance. It shall be the responsibility of the landowner or lessee to assure the continued growth of all required landscaping and/or to replace the same in the event of frost, vandalism, disease or other reasons for the discontinued growth of the required trees, shrubs and bushes.
H.
Stormwater management facilities in buffer areas. Stormwater management facilities and structures may be maintained within a buffer area, but the existence of such facilities or structures shall not be a basis for a failure to meet the planting requirements.
I.
Landscaping of open areas. All yard areas not utilized for parking facilities, driveways, gardens, the planting of trees or shrubs, flower, vegetable or herb beds or similar uses shall be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be interpreted to be within two weeks after construction activities are completed, unless those activities are completed between a November 1 through April 1 time period. In such case, the required sodding or seeding shall occur by April 15.
J.
Additional landscaping specifications. Landscaping shall be provided in accordance with the following specifications:
(1)
Planting required in buffer areas as outlined in § 240-98B shall not be substituted for any required planting mandated in this section.
(2)
A landscaping plan, with detailed drawings, shall be submitted with the final application for approval of the land development plan required by the Township Subdivision and Land Development Ordinance[2] and this landscaping plan shall contain and show the following information:
(a)
All required buffer areas with proposed plantings (identifying each proposed tree, bush or shrub) drawn to scale and identifying the height and width of any proposed mounds.
(b)
All required planting independent of any buffer area requirements (identifying each tree, bush, shrub, the use of sod or seeding, etc.) drawn to scale.
(d)
Any existing trees or vegetation which are to be preserved, accurately identifying their relative location.
(e)
Any existing trees or vegetation which will be removed, accurately identifying their relative location.
(3)
Parking areas shall be landscaped in accordance with the following requirements:
(a)
In the event that a parking area containing 20 or more spaces is not already separated from property in an R Residential Zoning District by a buffer area, then Buffer Area C, as defined by § 240-98A shall be provided along any property line where the parking area adjoins property in an R Residential Zoning District.
(b)
In parking areas containing 100 or more spaces, one tree for every 20 parking spaces shall be provided within the interior of the paved parking area. A minimum of 5% of the parking area shall be landscaped and the required trees shall be located within that landscaped area.
(c)
In a planned shopping center, the area in the front yard between the street right-of-way and the parking area shall be landscaped with an earthen mound that is a minimum of three feet in height and a mix of landscaping materials from the list of suggested plant materials in Appendix D[3], including ground cover, trees and shrubs. The location of these landscaping materials shall not obstruct visibility for traffic entering or leaving the site and shall comply with the clear sight triangle requirements of § 240-99D.
[3]
Editor's Note: Appendix D is included at the end of this chapter.
(4)
In any nonresidential development, deciduous trees shall be planted in accordance with the following schedule. These trees shall be in addition to the trees provided in any required buffer area or parking area:
Building Footprint (square feet) | Requirement | |
|---|---|---|
1,000 - 30,000 | 1 tree for each 1,000 square feet of building footprint | |
30,001 - 75,000 | A minimum of 30 trees plus 1 tree for each 3,000 square feet of building footprint in excess of 30,000 square feet. | |
Over 75,000 | A minimum of 45 trees plus 1 tree for each 5,000 square feet of building footprint over 75,000 square feet. | |
The required trees shall be planted in clusters on the site and shall be distributed throughout the site to enhance the open space on the site. The final location of the plantings shall be subject to approval by the Township depending on the size of the site, the magnitude of the required buffer area and the amount of paving and building coverage proposed. | ||
(5)
In any development which contains multifamily dwellings, deciduous trees shall be planted in accordance with the following schedule. These trees shall be in addition to the trees provided in any required Buffer Area or parking area:
Number of Dwellings | Required Trees | |
|---|---|---|
First 25 dwelling units | 1 tree for each dwelling unit | |
26 - 100 dwelling units | 25 trees plus 1 tree for each 2 dwellings unit in excess of 25 dwelling units | |
101 - 200 dwelling units | 62 trees plus 1 tree for each 3 dwelling units in excess of 100 dwelling units | |
201 + dwelling units | 95 trees plus 1 tree for each 4 dwelling units in excess of 200 dwelling units | |
The required trees shall be planted as front yard trees or may be clustered in groups around the dwelling units and shall not be located within any public street right-of-way. | ||
(6)
All trees which are required to be planted as per the regulations of this Subsection J shall be a minimum of two inches in diameter at a point one foot above the ground at the time of planting measured along the the trunk of the planted tree, which tree shall be planted in accordance with accepted conservation practices.
(7)
In conjunction with the development of property for any use, the applicant shall show that the removal of any trees or natural vegetation is necessary for the imminent and orderly development of the property. Imminent development shall be considered to be development which is reasonably expected to commence, and for which there are realistic plans to commence, on a minimum eight-hours-per-day, forty-hours-per-week basis (utilizing a five-day-on, two-day-off, standard workweek basis) within 30 days of the removal of trees or vegetation and for which a land development plan and landscaping plan have been submitted and approved by the Township.
(8)
Any existing trees which are not disturbed and are not located within a required buffer area and are a minimum of four inches in diameter at a point one foot above the ground shall count towards the required number of trees to be planted outside of the buffer area.
(9)
Following the completion of construction in any zoning district, all yard areas, including those on single-family lots, not utilized for structures, driveways, planting strips or parking facilities shall be seeded, sodded or landscaped within a reasonable period of time. The phrase "reasonable period of time" shall be interpreted to be within two weeks after construction activities are completed, unless those activities are completed between November 1 through April 1 time period. In such cases, the required seeding or sodding shall occur by April 15.
K.
Posting of bond for landscaping. A maintenance bond in the form of cash, certified check or letter of credit shall be posted with the Township in the amount of 15% of the total cost of landscaping shown on the approved landscaping plan for a period of 18 months from the date of installation of the landscaping materials. The maintenance bond shall guarantee replacement of the required landscaping materials during the term of the bond.
§ 240-99 Special yard requirements.
In addition to the yard requirements specified in each zoning district, the following yard requirements shall apply in all zoning districts to the applicable circumstances described below:
A.
Corner lots. Corner lots shall provide front yards on each street frontage. The remaining two yards shall constitute side yards. On through lots, a front yard shall be provided along the street frontage on which the principal structure faces; the yard along the opposite street frontage shall be a rear yard; all other yards shall be side yards.
C.
Accessory structures. In all zoning districts the following regulations shall apply to accessory structures:
(1)
Private swimming pools, hot tubs or saunas accessory to a dwelling.
(a)
Swimming pools, hot tubs or saunas accessory to a dwelling shall be located at least 10 feet from any property line. Swimming pools shall not be permitted in the front yard.
(b)
All newly constructed swimming pools shall be fenced and secured in accordance with the requirements of the International Code Conference (ICC) Building Code. All existing swimming pools and hot tubs shall be maintained in accordance with Chapter 195 of the Code of the Township.
(c)
All hot tubs shall be covered and the cover shall be locked when the hot tub is not in use. All saunas shall be locked when not in use.
(d)
For aboveground pools, the Zoning Officer may require a topographic plan to determine compliance with the fencing requirements around the entire perimeter of the pool if there are differences in elevation above the adjacent ground level at various points around the perimeter of the pool.
(e)
All private swimming pools, hot tubs and saunas accessory to a dwelling may be subject to annual inspection to determine continuing compliance with these requirements.
(2)
Private sports courts accessory to a dwelling. Sports courts accessory to a dwelling shall be located only in a side or rear yard and shall be no closer to the side or rear property line than 20 feet. Lighting of the sports court shall not be permitted. All sports courts shall be enclosed by a fence which is a minimum of 10 feet in height and a maximum of 12 feet in height and which shall contain openings equal to 50% or more of the surface area of the fence. The area of the sports court shall not exceed 50% of the total area of the rear yard.
(3)
Fences and walls.
(a)
Fences on farms, as defined herein, shall be exempt from the requirements to obtain a permit and shall not be subject to any limitations on type, location or height.
(b)
In R Residential Zoning Districts, fences and walls no greater than six feet in height shall be permitted in the required rear or side yards, provided they are located at least one foot off the property lines.
(c)
In R Residential Zoning Districts, fences and walls which contain openings equal to at least 75% of the surface area of the fence and which are not more than four feet in height shall be permitted in the required front yard, provided they are decorative and do not enclose the entire front yard.
(d)
In R Residential Zoning Districts, fences shall be located at least one foot from any property line and the finished side of the fence shall face the adjoining property.
(e)
In the Washington Pike Overlay and in the C-1 and C-2, Commercial and PED, Planned Economic Development Districts, the maximum height of a fence or wall shall be eight feet.
(f)
In the I-P and I-1, Industrial Districts, the maximum height of a fence or wall shall be 10 feet.
(4)
Fences, walls and buffer areas. All walls, fences and buffer areas or landscaping material shall be located so as to not obstruct pedestrian access, visibility for traffic on adjacent streets or traffic entering or leaving the property or adjacent properties and shall comply with the clear sight triangle required by § 240-99D.
(5)
Satellite dish antennas. Satellite dish antennas, for personal use by private citizens, not including communications antennas, as defined by this chapter, shall be permitted as an accessory use subject to the following requirements:
(a)
Satellite dish antennas that have a diameter of one meter or less shall be exempt from these regulations.
(b)
In the case of satellite dish antennas greater than one meter in diameter, only one satellite dish antenna shall be permitted on a residential lot. In all zoning districts, satellite dish antennas shall not be permitted in front yards. In R Residential Zoning Districts, the maximum diameter of any satellite dish antenna installed on any lot or on any roof or above any building shall be 12 feet.
(c)
In zoning districts other than R Residential Zoning Districts, the maximum diameter of any satellite dish antenna installed on any lot or on any roof or above any building shall not exceed 20 feet.
(d)
In all zoning districts, the maximum height of any freestanding satellite dish antenna shall be 20 feet.
(e)
In all zoning districts, no part of any satellite dish antenna shall be located closer than 10 feet to any property line.
(6)
Radio or television antennas. A radio or television antenna for personal use by private citizens shall be permitted as an accessory use, subject to the following requirements, except as these provisions may be superceded by any applicable Federal Communications Commission (FCC) ruling:
(a)
A radio or television antenna structure may be mounted on a roof or installed in a rear yard only, provided that no such structure shall be located within 20 feet of any property line.
(b)
The maximum height for such structure shall not exceed that otherwise allowed in the zoning district in which it is located by more than 20 feet. If placed on a roof, any antenna exceeding eight feet shall be mounted with guide wires.
(c)
Any such structure shall comply with applicable airport zoning and Federal Communications Commission regulations.
(d)
Radio or television antenna structures located on the ground shall be screened from adjacent properties by evergreen trees or other suitable material, as approved by the Township.
(7)
Canopies and similar structures. Canopies and similar permanent freestanding roofed structures without walls shall be permitted to cover outdoor seasonal display and sales areas or fuel-dispensing areas accessory to authorized uses in the C-1 and C-2 Commercial Districts, provided that:
(a)
Such structure shall not be attached to the principal building;
(b)
Such structure shall be located at least 10 feet from any property line or street right-of-way;
(c)
Such structure shall not be enclosed; and
(d)
Such structure shall be removed immediately, once the principal use or the use of the accessory structure is discontinued.
(9)
Residential accessory storage structures and detached garages.
[Amended 2-16-2009 by Ord. No. 1-2009]
(a)
Location of detached garage or storage structure.
[1]
R1, R2 and R3 Districts. No detached garage or storage structure accessory to a dwelling shall be located in the minimum required front yard. Detached garages and storage structures accessory to a dwelling shall be located at least 10 feet from any side or rear property line if the floor area of the structure is 900 square feet or less. If the floor area of the structure is more than 900 square feet, the structure shall be located at least 15 feet from any side or rear yard.
[2]
R4 District. No detached garage or storage structure accessory to a dwelling shall be located in the minimum required front yard. Detached garages and storage structures accessory to a dwelling shall be located at least five feet from any side or rear property line, regardless of the floor area.
(b)
In the R-1, R-2, R-3 and R-4 Districts, the maximum floor area of any detached garage or residential accessory storage structure shall be related to the size of the residential lot, in accordance with the following:
Size of Lot (square feet) | Maximum Floor Area of All Accessory Structures (total square feet) | |
|---|---|---|
Up to 20,000 | 900 | |
20,001 to 40,000 | 1,000 | |
40,001 to 5 acres | 1,200 | |
Over 5 acres | Unlimited |
The sum of all principal and accessory structures on the lot shall not exceed the maximum allowable lot coverage for the district in which the lot is located. | ||
(10)
Structures accessory to nonresidential structures and buildings.
(b)
Structures accessory to nonresidential buildings or structures shall not be located within any required buffer area.
(c)
Where a buffer area is not required, all structures accessory to nonresidential buildings or structures shall be located at least 10 feet from the rear property line and at least 20 feet from the side property lines.
(11)
Distance from principal building. All accessory storage structures and garages shall be located at least 10 feet from any principal building, except that a detached garage accessory to a dwelling may be connected to the dwelling by contiguous side walls, breezeways or similar connections and the distance between the dwelling and the connected garage may be less than 10 feet.
D.
Visibility at intersections. No object, including without limitation fences, landscaping rocks, hedges, trees and other plantings, buildings, structures, walls, signs and motor vehicles, exceeding a height of three feet as measured from the lowest elevation of the center line of any abutting street shall be temporarily or permanently placed, erected, installed or parked within the clear sight triangle required at the intersection of two streets or the intersection of a nonresidential driveway with a public street. The required clear sight triangle is illustrated in Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
§ 240-100 Permitted projections into required yards.
The following shall be permitted to project into any required yard in any Zoning District:
A.
Typical architectural features, including but not limited to bay windows, window sills, chimneys, cornices and eaves, shall be permitted to project into required yards no more than 18 inches.
B.
Decks and their stairs, stoops and unenclosed porches without enclosed habitable foundation and without a roof shall be permitted to project into required front and side yards no more than three feet and shall be no closer to the rear property line than 20 feet. Porches that have a roof or that are enclosed or have enclosed habitable foundations shall be subject to the yard requirements for the principal structure.
C.
Steps attached to the principal building and open fire escapes shall be permitted to project into required yards no more than three feet.
§ 240-101 Height exceptions.
The height limitations of this chapter shall not apply to the following structures: church spires, chimneys, elevator bulkheads and other mechanical equipment which is part of the principal structure, conveyors, flagpoles, silos, standpipes, elevated water tanks, derricks, public utility structures and other structures not intended for human habitation which do not exceed the height limitations of the zoning district by more than 15 feet.
§ 240-102 Drive-through facilities.
All businesses which propose drive-through facilities, as defined by this chapter, as accessory uses or principal uses shall meet all of the following requirements:
A.
Drive-through facilities proposed on parcels within a planned shopping center shall have access only from the interior circulation system within the planned shopping center site. All other properties shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
B.
In addition to the parking spaces required for the principal use, a minimum of five standing spaces in one lane, with a total length of 100 feet in direct line with each window or stall, shall be provided for vehicles to wait in line. The standing space shall not interfere with the use of any required parking spaces and shall not inhibit the free flow of traffic on the property. The standing spaces shall be designed so that waiting vehicles shall not stand in any right-of-way or overflow onto adjacent properties, streets or berms.
C.
Entrances, exits and standing spaces shall be adequately indicated with pavement markings and/or directional signs.
D.
Parking areas and circulation patterns shall be adequately striped and marked to facilitate traffic circulation on the property.
§ 240-103 Agriculture.
In the R-1 and R-2 Districts, agricultural activities, including greenhouses, stables and animal husbandry, where authorized by this chapter, shall be subject to the following requirements:
A.
Storage of manure, odor- or dust-producing substances shall be located at least 200 feet from any property line.
B.
Any building used for the keeping, raising or feeding of livestock and poultry shall be located at least 200 feet from any street line and from any adjacent landowner's well or dwelling and not less than 100 feet from the landowner's well or property line.
C.
Animal shelters shall be located no closer than 200 feet to any property line.
D.
Commercial greenhouse heating plants shall be at least 100 feet from any property line. The retail sales area for a greenhouse shall not exceed 1,200 square feet. The growing area shall not be considered sales area.
E.
The minimum lot area for a private stable shall be five acres. On properties that are 10 acres or less, the minimum lot area required for each horse or pony shall be one acre per animal. For farms over 10 acres, there shall be no minimum lot area per horse.
F.
No stable shall be located within 200 feet of any property line or occupied dwelling, other than the stable owner's dwelling.
G.
All grazing and pasture areas shall be adequately fenced.
H.
Agricultural sales shall only be permitted when authorized by the Zoning Hearing Board as a use by special exception in accordance with the express standards and criteria of § 240-95A(48).
I.
Seasonal activities such as hay rides, spring and fall festivals and similar activities related to the farm shall be subject to all applicable requirements of § 240-95A(42) for retail establishments, provided adequate parking is provided in a temporary parking area based on the ratio specified in § 240-112C for "all other uses."
§ 240-104 Storage.
A.
Outdoor storage in commercial and industrial districts.
(1)
Storage and display of materials outside a completely enclosed structure shall not be permitted, except for nurseries, garden supply, building supply, custom crafting and similar businesses which require outside storage of products offered for sale. In the case of nurseries, garden supply, building supply, custom crafting and similar businesses, outside display and storage areas shall be completely enclosed by a security fence and shall be screened by an opaque fence or hedge which is at least six feet in height.
(2)
In the I-P and I-1 Districts, any material or equipment stored outside an enclosed building shall be incidental to the principal use of the lot and shall be stored to the rear of the building or an alternative location which screens the storage area from public view from the street or adjacent residential property located at similar elevations within 500 feet of the property. If existing buildings do not screen the storage area from public view from the street or adjacent residential property located at similar elevations within 500 feet of the property, the area shall be screened by a hedge or opaque fence at least six feet in height.
B.
Refuse collection and waste disposal. All organic rubbish and discarded materials shall be placed in tight verminproof containers on the property and shall be secured in side or rear yards screened from public view by means of a solid-face fence or wall at least six feet in height. Containers shall be emptied not less frequently than once a week. On properties where food is served in paper containers, covered waste receptacles shall be conspicuously located on the premises for use by patrons. The management shall be responsible for maintaining the property free of litter.
C.
Storage of recreational vehicles.
(1)
The parking or storage of recreational vehicles shall not be permitted in any front yard in any R Residential Zoning District. Recreational vehicles with a current license or registration and valid inspection sticker may be parked or stored in the side or rear yard of property in any R Residential Zoning District from Memorial Day to Labor Day. Permanent parking or storage of recreational vehicles on property in any R Residential Zoning District for periods prior to Memorial Day or after Labor Day shall not be permitted.
[Amended 2-8-2023 by Ord. No. 1-2023]
(2)
At no time shall any parked or stored recreational vehicle be occupied or used as a dwelling.
D.
Parking of commercial vehicles and equipment. Commercial vehicles and equipment, including trucks in excess of one-ton capacity, tandems, tractor-trailers, tractors or other commercial or construction or cargo-moving vehicles or equipment, shall not, under any conditions, be stored outside a completely enclosed building or parked outside overnight between the hours of 10:00 p.m. and 7:00 a.m. in any R Residential District, other than on construction sites for an approved subdivision, on sites for which a valid grading, zoning or building permit is in effect, or on farms which are being used for agriculture, as defined by this chapter.
E.
Equipment storage yards in the I-1 District. No repair of vehicles shall be permitted outside a completely enclosed building. All operations shall comply with the performance standards of § 240-97 of this chapter. If the site is located within 500 feet of an existing dwelling, engines shall not be started or kept running before 6:30 a.m. or after 8:00 p.m.
§ 240-105 Forestry.
Forestry, as defined herein, shall be conducted in accordance with the following provisions:
A.
All operations shall be located at least 300 feet from any existing dwelling.
B.
All operations shall be discontinued between 7:00 p.m. and 7:00 a.m. provided further that such operations shall not take place during any hours on Sundays or legal bank holidays.
C.
Routes to be used by the hauling trucks shall be approved by the Township and the operator shall demonstrate that there shall be no negative impact on Township roads from the proposed operation.
D.
A performance bond shall be posted in favor of and in the amount required by the Township to guarantee restoration of Township roads used as hauling routes.
E.
The operator shall be responsible for cleaning dirt and debris from public streets daily during the operation.
F.
The applicant shall submit a copy of the state and/or county permit for hauling on state and/or county roads.
G.
The applicant shall supply the Township with the name of an on-site contact person.
H.
The applicant shall show compliance with the following laws and regulations of the commonwealth, and all necessary permits shall be maintained during the operation.
I.
A logging plan prepared and sealed by a registered surveyor shall be submitted, which shows, at a minimum:
(1)
The design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings;
(2)
The design, construction and maintenance of water-control measures and structures such as culverts, broad-based dips, filter strips and water bars;
(3)
The design, construction and maintenance of stream and wetland crossings, if any;
(4)
The general boundaries of the proposed operation in relation to Township and state or county roads, including any accesses to those roads;
(5)
The site location, including boundaries of the property and boundaries of the proposed harvest area;
(6)
Significant topographic features;
(7)
The location of all earth-disturbance activities, such as roads, landings and water-control measures and structures;
(8)
The location of all crossings of waters of the commonwealth.
J.
Felling or skidding on or across any public street is prohibited without the express written consent of the Township, Allegheny County or the Pennsylvania Department of Transportation (PennDOT), whichever is responsible for maintenance of the street.
K.
No tops of trees or debris shall be left within 25 feet of any public street or any private road providing access to adjoining residential property.
L.
All tops of trees and debris within 50 feet of a public street or residential property line shall be cut to a maximum of four feet above the adjacent ground level.
M.
No tops of trees or debris shall be left on any adjoining property or across any property line without the consent of the adjoining owner.
N.
Upon completion of the forestry operation, haul roads shall be restored to their original condition.
§ 240-106 No-impact home-based business.
No-impact home-based businesses, as defined herein, shall comply with the following:
A.
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E.
No on-site parking of commercially identified vehicles shall be permitted.
F.
The business activity shall not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
G.
The business activity shall not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
H.
The business activity shall be conducted only within the dwelling and shall not occupy more than 25% of the habitable floor area of the dwelling.
I.
The business shall not involve any illegal activity.
§ 240-107 Gas wells.
No gas well shall be located within 300 feet of a dwelling, nor shall any dwelling be located within 300 feet of a gas well.
§ 240-108 Easements and rights-of-way.
No fence or other temporary or permanent accessory or principal structure shall be constructed in any utility easement, easement for access or public or private street right-of-way.
§ 240-109 Garage sales and temporary auto sales.
A.
Garage sales, yard sales, estate sales or household sales may be conducted on the premises of a residential dwelling by the owner or tenant in any R Residential Zoning District, provided all of the following criteria are met:
(1)
The duration of any sale shall not exceed three consecutive days.
(2)
Sales shall not be held more than four times during any calendar year.
(3)
Items to be sold shall be restricted to the personal property of the owner or tenant of the premises and shall not include any items taken on consignment or acquired off the premises for the sole purpose of resale.
(4)
There shall be no display of items available for sale on any sidewalk or within any public street right-of-way.
(5)
Items displayed for sale shall not be in public view for more than 24 hours prior to and/or following the designated sale period.
B.
Temporary sale of motor vehicles may be conducted on the premises of a residential dwelling by the owner or tenant in any R Residential Zoning District, provided all of the following criteria are met:
(1)
No more than one motor vehicle shall be displayed for sale at any time.
(2)
No more than three motor vehicles shall be offered for sale during any calendar year.
(3)
Advertising information, including "for sale" signs, descriptions, contact references and price shall not exceed a cumulative total of four square feet in surface area.
(4)
No illumination of the motor vehicle or advertising information shall be permitted.
(5)
No display of motor vehicles shall be permitted on any sidewalk or in any public street right-of-way.
(6)
The owner or tenant of the premises shall not be licensed by the commonwealth to sell motor vehicles, nor shall the owner or tenant offer any motor vehicle for sale on his or her premises on behalf of any person holding such license.
§ 240-109.1 Business park master plan.
[Added 3-19-2007 by Ord. No. 4-2007]
A.
Master plan parcels shall be planned as integral areas and controlled by a master plan for the entire parcel. The master plan shall be adopted before subdivision of the parcel or resale of any portions of the parcel. The master plan shall be designed and reviewed according to the provisions of the Township's Subdivision and Land Development Regulations.[1] Development of the parcel shall not proceed without approval of the master plan by the Planning Commission and the Board of Commissioners.
B.
Individual development sites within an approved master plan. Within a development plan, there may be individual development sites that consist of a single building or cluster of buildings. Such sites may be developed individually after subdivision of the parcel or as part of a comprehensive development of the entire parcel. Both subdivision and development of such sites must conform to the adopted master plan for the parcel and the standards contained in both the Zoning Ordinance and the Subdivision and Land Development Regulations.
C.
The application for conditional use approval shall include an illustrative site plan for the entire development site indicating the location of the following components (if applicable): 1) business park; 2) open space design option; 3) golf course; 4) retirement community; and 5) open space. The illustrative site plan shall also indicate the availability of utilities and layout of streets and proposed lots within each component; however, the illustrative site plan shall not be required to meet the standards prescribed by the Subdivision and Land Development Ordinance for an application for preliminary approval, provided there is a sufficient basis to evaluate the feasibility of the proposed development, the interrelationship among the components and the potential traffic and environmental impacts of the proposed development.
D.
Once conditional use approval is granted to the park master plan, an application for preliminary and final approval of a major subdivision shall be submitted in accordance with the Township Subdivision and Land Development Ordinance to record the lots shown in the illustrative site plan in one or more phases.
E.
Once conditional use approval is granted to the layout of streets, lots and planned development components in the business park, the permitted principal and accessory uses authorized within the approved planned development components may be established on the recorded lots within the approved business park subject only to land development plan approval as required by the Township Subdivision and Land Development Ordinance.
(1)
Any substantive change in the layout of streets, lots or planned development components within an approved planned business park shall be subject to submission of a revised conditional use application and conditional use approval of the revised planned business park.
F.
After conditional use approval of the illustrative site plan that includes an open space design option component, the open space design option shall be subject to the development standards and approval procedure specified in Article XIV.
G.
The application for conditional use approval shall include a traffic impact study prepared in accordance with the requirements of Township Ordinance No. 4 of 2001, as now or hereafter amended. [2]
(1)
The Board of Commissioners shall determine whether the design of the proposed major street network shall provide safe and efficient flow of traffic through the site, prevent congestion, accommodate peak traffic demands without hazard or great delay and provide accessibility for emergency vehicles.
H.
The illustrative site plan shall be accompanied by evidence that the site can be serviced by public water and sewer systems.
I.
Where two or more planned development components are proposed in a planned business park, the applicant shall demonstrate that adjacent uses are compatible and that appropriate landscaped areas and other buffers, including earthen mounding, differences in elevation, distances between dissimilar uses or intervening common open spaces, have been provided.
(1)
The applicant shall demonstrate that the proposed planned development components are compatible with adjacent land uses outside the planned business park site.
J.
Nonresidential uses within a business park site shall maintain a perimeter setback of 200 feet from any adjacent R Residential Zoning District.
(1)
Buffer area A, as defined by § 240-98A, shall be provided in the perimeter setback wherever buildings or parking areas adjoin residential use or R Residential Zoning District classification. The buffer area shall be installed for a distance along the property line that is equivalent to the length of the building or parking area it is intended to buffer plus an additional 100 lineal feet beyond the building or parking area in both directions.
K.
A minimum of 35% of the gross site area shall be reserved and maintained as public or private open space.
L.
Specific design guidelines for a business park master plan.
(1)
Site development shall provide visual protection around the entire perimeter of the proposed development.
(a)
Buffer area A, as defined in § 240-98A of this chapter, shall be provided along all property lines on the perimeter of a business park plan adjoining an R-1, R-2, R-3 or R-4 District.
(b)
Buffer area C, as defined in § 240-98A of this chapter, shall be provided along all other property lines on the perimeter of a business park plan.
(2)
Under the business park plan, no minimum lot area is prescribed; rather, the following lot area and yard regulations shall apply to any principal structure or any other building; at the time of conditional use application, the applicant shall indicate for each permitted use, including potential accessory uses, the limits of the building envelope within which compliance with these provisions is feasible:
(3)
Minimum separation between buildings, except accessory buildings, at any point shall not be less than the following. Minimum setbacks shall be established using the table below.
Minimum Setbacks Considering Building Height | ||||||
|---|---|---|---|---|---|---|
1-Story (feet) | 2-Story (feet) | 3-Story (feet) | 4-Story (feet) | 5-Story (feet) | 6-Story (feet) | |
Side-Side | 25 | 35 | 45 | 55 | 65 | 75 |
Side-Front | 50 | 55 | 60 | 65 | 70 | 75 |
Side-Rear | 50 | 55 | 60 | 65 | 70 | 75 |
Front-Front | 65 | 70 | 75 | 80 | 85 | 90 |
Front-Rear | 85 | 95 | 100 | 105 | 110 | 120 |
Rear-Rear | 85 | 95 | 100 | 105 | 110 | 120 |
(4)
Architectural design. It is not the intention of the Township to govern specific architectural design nor to link conditional use approval to any specific architectural design criteria.
(a)
Applicant shall provide drawings illustrating the general character of the intended exterior design of all structures other than single-family detached dwellings to be built on lands developed in accordance with this article.
(b)
Where the Commissioners determine that architectural design as presented by the applicant is an essential means by which the proposed development complies with the objectives of this article, the Commissioners may require, as a condition of approval, establishment of appropriate means to guarantee general adherence to the intended architectural character.
(c)
All utilities shall be placed underground (except for existing major transmission lines). Public lighting shall be included in all business park planning and shall be color-balanced lighting, such lighting as provided by metal halide lamps. Light levels should provide for safety and security, should be enhance the building and site design, and should not create glare for neighboring properties or streets. The number, location and appearance of light fixtures should be compatible with building design.
(d)
Internal relationships between individual units of the planned business park development shall be designed so as to provide a well-landscaped harmonious development, with compatible materials, building elements, and signage throughout the development.
(e)
Sidewalks shall be installed to promote pedestrian access to common areas, parking areas, commercial areas. The application shall submit a sidewalk plan along with the master plan during conditional use application.
(f)
The site plan shall be designed to minimize points of access to the public street. Shared driveways shall be utilized where feasible and cross-easements shall be dedicated for common access, where necessary.
(g)
Site lighting, if proposed, shall be designed with cutoff luminaries with a maximum cutoff angle of 60º. (See illustration in Appendix B.[3]) The maximum illumination at any property line adjoining property in any R Residential Zoning District shall be 0.2 footcandle.
[3]
Editor's Note: Appendix B is included at the end of this chapter.