Thornburg City Zoning Code
PART 14
SUPPLEMENTARY REGULATIONS
§ 27-1401 General.
[Ord. 378, 2/14/2005, § 1400]
The supplementary regulations in this chapter supplement the requirements of Parts 4 through 10 governing each Zoning District and shall apply to all uses in all Zoning Districts.
§ 27-1402 Performance Standards.
[Ord. 378, 2/14/2005, § 1401]
The following standards shall apply to all permitted uses, conditional uses and uses by special exception in all Zoning Districts. In order to determine whether a proposed conditional use or use by special exception will conform to the requirements of this chapter, the Planning Commission, Borough Council or the Zoning Hearing Board may require a qualified consultant whose credentials are acceptable to Council or the Board to testify, whose cost for services shall be borne by the applicant.
Fire Protection. Fire prevention and fighting equipment which conforms to the requirements of the NFPA and ICC (International Code Council) Fire Prevention Code shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
Electrical Disturbance. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
Noise. No operation or activity shall cause or create noise in excess of the sound levels prescribed below. The noise shall be measured on an "A-weighted" scale of a sound pressure level meter which conforms to the standards prescribed by the American National Standards Institute (ANSI), New York, New York, in "Specifications for Sound Level Meters," S1.4-1971 or latest revised edition.
Residential Districts. At no point beyond the boundary of any lot within these Zoning 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 between 7:00 a.m. and dusk nor shall the exterior noise level exceed 60 dBA for any length of time between dusk and 7:00 a.m.
Industrial Districts. At no point on or beyond the boundary of any lot within these Zoning 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 four hours during any twenty-four-hour period.
Boundaries Between Districts. 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.
Violations. Any violation of the above Subparagraph 1C(1), (2) or (3) shall be a violation of this chapter and shall be subject to the enforcement remedies and penalty provisions of this chapter; however, other intermittent noises, except those exempted by Subparagraph 1C(5) below, may be determined to be a nuisance by the Zoning Officer and shall be subject to penalties and enforcement remedies for a public nuisance.
Exemptions. The following uses or activities shall be exempted from the noise regulations:
Noises emanating from construction or maintenance activities between 8:00 a.m. and 6:00 p.m.
Noises caused by safety signals, warning devices and other emergency related activities or uses.
Noises emanating from public or private recreational uses between 7:00 a.m. and dusk.
Noises emanating from the delivery of public services such as street maintenance or snow removal.
Other Applicable Standards. In addition to the above regulations, all uses and activities within the Borough 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.
Vibrations. Vibrations detectable without instruments on neighboring property in any Zoning District shall be prohibited, except for temporary vibrations associated with construction or maintenance activities between 8:00 a.m. and 6:00 p.m.
Odors. No malodorous gas or matter shall be permitted which is discernible on any adjacent lot or property. There shall be no emission of any malodorous gas or matter which violates the regulations of the Allegheny County Health Department.
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 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.
Lighting and Glare.
No direct or sky-reflected glare, whether from floodlights or from high temperature processes shall be visible from adjacent public streets or adjacent lots when viewed by a person standing on ground level. For the purposes of interpreting this subsection, glare shall be defined as direct or indirect light from any source which exceeds 0.2 footcandle on any adjacent property.
In all Zoning Districts, all lighting devices located within 100 feet of a property line adjacent to residential use or zoning classification shall be designed with shields, reflectors or refractor panels which direct and cut off light at a cutoff angle which is less than 60°. Cutoff angle is defined as the angle formed by a line drawn from the direction of the light rays at the light source and a line perpendicular to the ground from the light source above which no light is emitted. (See Illustration in Appendix 27-C.)
Erosion. No erosion by wind, water or other source shall be permitted which will carry objectionable substances onto neighboring properties. All activities shall be subject to the requirements of the Allegheny County Soil Conservation Service and shall be governed by any permits issued by that agency.
Water Pollution. Water pollution shall be subject to the standards established by the Pennsylvania Department of Environmental Protection (DEP).
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 Borough may seek the assistance of any public agency having jurisdiction or interest in the particular issues and the Borough 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.
Continuing Enforcement.
The Zoning Officer shall investigate any purported violation of the performance standards and, subject to the approval of 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 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 Borough.
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 § 27-1704B 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 occupancy permit for the facility or use.
§ 27-1403 Screening and Landscaping.
[Ord. 378, 2/14/2005, § 1402]
Buffer Areas Required.
Buffer areas shall not be required along property lines which adjoin a public street right-of-way.
Buffer Area A shall be required for development in the I-1 Zoning District along all property lines adjacent to an "R," "P" or "S" Zoning District when construction of any new building or structure is proposed.
Buffer Area B shall be required for development in the R-2 Zoning District along all property lines adjacent to an "R," "P" or "S" Zoning District when the construction of any new building or structure is proposed.
Buffer Areas A, B or C shall also be required for any conditional use or use by special exception when the express standards and criteria for the specific use specify a requirement to provide one of these buffer areas.
Buffer Areas Defined. Buffer areas required by Subsection 1 above are defined as follows and are illustrated in Appendix 27-C:
Buffer Area A shall be a minimum of 35 feet in depth measured from the property line and shall be comprised of two rows of plantings which are a mixture of 30% deciduous and 70% evergreen trees spaced within the rows 10 feet apart, measured from the vertical centerlines of adjacent trees. In addition to the above-noted required trees, a continuous row of low-level evergreen shrubs or hedges shall be planted, or earthen mounding shall be constructed in the buffer area which shall be a minimum of three feet in height to provide a year-round visual screen capable of acting as a barrier to light beams emanating from the headlights of passenger cars.
Buffer Area B shall be a minimum of 25 feet in depth measured from the property line and shall be comprised of one row of plantings which are a mixture of 30% deciduous and 70% evergreen trees spaced within the row 10 feet apart, measured from the vertical centerlines of adjacent trees. In addition to the above-noted required trees, a continuous row of low-level evergreen shrubs or hedges shall be planted, or earthen mounding shall be constructed in the buffer area which shall be a minimum of three feet in height to provide a year round visual screen capable of acting as a barrier to light beams emanating from the headlights of passenger cars.
Buffer Area C shall be a minimum of 10 feet in depth measured from the property line and shall be comprised of a continuous, compact evergreen hedge or line of evergreen trees that will grow together when mature which are a minimum of six feet in height at the time of planting. On lots which cannot reasonably provide the required buffer area, a six-foot high screening fence, as defined by this chapter, may be approved by Borough Council, upon recommendation of the Planning Commission, during the review of the land development plan.
Conflict Between Buffer Area and Yard Requirements. When the width of a required buffer area is in conflict with the minimum yard requirements of Parts 4 through 10, the greater distance shall apply. The buffer area planting requirement shall be adhered to regardless of what the yard requirement is.
Existing Structures in Buffer Areas. In instances where an existing structure houses the principal use of the property, and is located within any required buffer area, a buffer area of not less than the minimum distance from the existing structure to the property line shall be required. This reduced buffer area width shall apply only to the yard area which the existing structure encroaches upon. If the existing structure is located within the required buffer area on one side of the building, the required buffer area as determined by Subsection 1 shall apply on all other yard areas. All planting requirements shall be adhered to regardless of the buffer area width.
Existing Trees in Buffer Areas.
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 shall be submitted to the Borough, along with an explanation detailing the rationale for the request. These trees shall not be removed until the Borough has given written authorization permitting their removal. This permission shall not be unreasonably denied; however, those who violate this subsection shall be subject to the maximum penalties authorized by this chapter.
When any trees, regardless of their physical condition, are removed, they shall be replaced by trees suitable to the environment. All such replacement planting shall be in accordance with accepted conservation practices.
Where existing trees within the required buffer area are substituted for required plantings, the existing trees shall be protected by a conservation easement to guarantee that they will not be disturbed or removed from the approved buffer area, unless they are replaced by the required plantings.
Size of Trees in Required Buffer Areas.
Any existing trees within the required buffer area which are a minimum of two 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.
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.
Responsibility for Maintenance. It shall be the responsibility of the owner/applicant 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.
Stormwater Management Facilities in Buffer Areas. When required by the Borough, stormwater management facilities and structures may be located within a buffer area; however, the existence of such facilities or structures shall not be a basis for a failure to meet the planting requirements in the buffer area.
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 must be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be interpreted to be within 30 days 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 must occur by May 1.
Landscaping Specifications. Landscaping shall be provided in accordance with the following specifications:
Planting required in buffer areas as outlined in Subsection 2 shall not be substituted for any required planting mandated in this paragraph.
A landscaping plan, with detailed drawings, prepared by a registered landscape architect, shall be submitted with the final application for land development plan approval and this landscaping plan shall contain and show the following information:
All required buffer areas with proposed plantings (identifying each proposed tree, bush or shrub by type and size) drawn to scale and identifying the height and width of any proposed mounds.
All required planting independent of any buffer area requirements (identifying each tree, bush, shrub by type and size, the use of sod or seeding, etc.) drawn to scale.
Any existing trees or vegetation which are to be preserved, accurately identifying type, size and their relative location.
Any existing trees or vegetation which will be removed, accurately identifying their type, size and relative location.
For multi-family dwellings, at least one deciduous tree shall be planted for each four dwelling units or portion thereof.
For nonresidential buildings, at least one deciduous tree shall be planted for each 2,000 square feet of gross floor area of the building.
All trees which are required to be planted as per the regulations of this paragraph 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 trunk of the planted tree which tree shall be planted in accordance with accepted conservation practices.
Landscaping of open parking areas shall be provided in accordance with Subsection 9 of this section.
All areas not utilized for structures, driveways, planting strips or parking facilities must be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be given the same interpretation given that phrase as it is used in Subsection 9 of this section.
Posting of Bond for Landscaping. A maintenance bond in the form of cash, certified check or letter of credit shall be posted with the Borough in the amount of 15% of the total cost of landscaping shown on the approved landscaping plan or $15,000, whichever is less, for a period of two years 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.
§ 27-1404 Special Yard Requirements.
[Ord. 378, 2/14/2005, § 1403]
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:
Corner Lots. Corner lots shall provide front yards on each street frontage. The remaining two yards shall constitute side yards.
Accessory Uses and Structures. In all Zoning Districts the following regulations shall apply to accessory structures:
Private Swimming Pools Accessory to a Dwelling.
Swimming pools accessory to a dwelling and all structures appurtenant thereto, shall be located at least 10 feet from any property line. Swimming pools shall not be permitted in the front yard. Swimming pools shall not occupy more than 30% of the rear yard area, as defined by this chapter.
All in-ground swimming pools and the equipment necessary for maintaining the pool shall be completely enclosed by a fence which is four feet in height and which has a self-closing, self-latching gate. The dwelling may constitute a part of the required enclosure.
Above-ground swimming pools, the top of which is at least four feet above the adjacent ground level on the entire perimeter and which have removable or retractable steps, shall not be required to be fenced, if the steps are removed or retracted when the pool is not in use. All other above-ground pools shall be fenced in accordance with the requirements for in- ground swimming pools.
Private Tennis Courts Accessory to a Dwelling. Tennis courts accessory to a dwelling shall not be permitted in the front yard and shall be located at least 20 feet from any side or rear property line. Lighting of the tennis courts shall not be permitted. All tennis 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. Tennis courts shall not occupy more than 30% of the rear yard area as defined by this chapter.
Fences.
In all Zoning Districts, the finished side of the fence shall face the street or adjacent property. All fences shall be constructed at least one inch from the property line, provided no two fences are constructed along a common property line.
In "S" Conservancy and "R" Residential Districts, fences no greater than six feet in height shall be permitted in the required side or rear yard.
In "S" Conservancy and "R" Residential Districts, fences shall not be permitted in the front yard.
In "I" Industrial Zoning Districts, the maximum height of a fence shall be 10 feet. Fences shall be located in side or rear yards only.
In any Zoning District, fences accessory to schools, parks and playgrounds shall be no more than 10 feet in height and shall contain openings equal to at least 75% of the surface area of the fence.
Satellite Dish Antennas.
One satellite dish antenna with a diameter of 24 inches or less shall be permitted on a lot in the "S" or "R" Districts.
Satellite dish antennas in excess of one meter in diameter may be located on the roof of any building located in any "I" Industrial District, provided the maximum diameter shall not exceed six feet and the maximum height shall not exceed 10 feet above the roof line when positioned vertically. The height above the roof line shall be measured from the highest point of the roof for flat roofs, the deck line for mansard roofs and the mean height between eaves and ridge for gable, hip or gambrel roofs.
Radio or Television Antennas.
Any radio or television antenna which is licensed by the Federal Communications Commission (FCC) for personal use by private citizens shall be permitted as an accessory use, subject to the following regulations:
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 closer than 10 feet to any property line and shall be located a minimum of 30 feet from any principal building on adjacent properties.
The maximum height for any such freestanding structure shall not exceed 45 feet. Any roof-mounted antenna shall not exceed 10 feet above the roof line as measured from the highest point on the roof for flat roofs, the deck line for mansard roofs or the mean height between the eaves and ridge for gable, hip and gambrel roofs. Any roof-mounted antenna shall be certified by a structural engineer that the antenna will not exceed the structural capacity of the building and will withstand wind loads of up to 100 mph.
Air Conditioning Condensers, Heat Exchangers and Heat Pumps.
In "S" Conservancy and "R" Residential Zoning Districts, air conditioning condensers, heat exchangers and heat pumps shall be located in the rear yard. Such equipment shall not be located in any required front or side yard, unless location of the equipment in the rear yard would be detrimental to the efficient operation of the system and the equipment may be located in a required front or side yard, provided it shall not encroach into the required front yard by more than 10 feet and shall be located at least three feet from any side property line and the installation shall be adequately screened from view from the street and adjacent residential properties.
In the "I" Industrial Zoning Districts, roof-top air conditioners and other mechanicals shall be screened from view from the street and adjacent residential properties.
Private Garages and Carports.
Detached private garages and carports accessory to a single- family dwelling may be located in the side or rear yard or in the case of property fronting on an alley, in the front yard facing the alley, provided that a detached private garage or enclosed carport or partially enclosed carport shall not be located closer than three feet to the side or rear property line or front property line adjacent to an alley. A detached private garage or carport shall not occupy more than 30% of the rear yard area, as defined by this chapter.
Shared garages in joint ownership with party walls along property lines shall be permitted, provided each space is served by a paved driveway in separate ownership or an easement or other agreement for a shared driveway is recorded with the deed. Shared garages shall be located at least three feet from the rear property line and shall not occupy more than 30% of the rear yard area, as defined by this chapter.
All Other Accessory Structures. All other accessory structures including, but not limited to, storage sheds, gazebos, playhouses, decks, patios and porches, shall not be permitted in the minimum required front yard or minimum required side yards, except as may be permitted by § 27-1405, and shall be located at least three feet from the rear lot line.
Visibility at Intersections. No object, including, but not limited to, fences, 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 centerline of any abutting street, shall be temporarily or permanently placed, erected, installed or parked within the clear sight triangle required on a corner lot. The required clear sight triangle on a corner lot shall be determined as follows:
The street lines abutting the corner lot shall form the legs of the clear sight triangle. Each of the legs shall extend a distance of 30 feet from the point of intersection of the street right-of-way lines abutting the corner lot. The hypotenuse of the clear sight triangle shall be formed by drawing a straight line joining the legs at their farthest point from the vortex of the triangle.
An illustration of the Clear Sight Triangle appears in Appendix 27-B.
§ 27-1405 Permitted Projections Into Required Yards.
[Ord. 378, 2/14/2005, § 1404]
The following shall be permitted to project into any required yard in any Zoning District as follows:
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 24 inches.
Decks and their stairs and unenclosed porches without enclosed habitable foundation and without a roof shall be permitted to project into the required front yard no more than three feet and shall be no closer to the rear property line than 20 feet.
Steps and stoops attached to the principal building and open fire escapes shall be permitted to project into required front, side and rear yards no more than 36 inches.
Open fire escapes shall be permitted to project into required front, side and rear yards no more than 36 inches.
Home gardening may be conducted in any required side, rear or front yard.
§ 27-1406 Height Exceptions.
[Ord. 378, 2/14/2005, § 1405]
The height limitations of this chapter shall not apply to the following structures: church spires and belfries, chimneys, domes, commercial radio and television towers, elevator bulk heads 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 20 feet.
§ 27-1407 Temporary Construction Trailers.
[Ord. 378, 2/14/2005, § 1406]
Temporary construction trailers shall be permitted in the I-1 Zoning District subject to the following conditions:
Temporary construction trailers shall be permitted only during the period that the construction work is in progress.
A permit for the temporary structure or use shall be obtained from the Zoning Officer prior to the commencement of construction and shall be renewed every six months.
Temporary construction trailers shall be located on the lot on which the construction is progressing and shall not be located within 25 feet of any property line adjacent to residential use.
Temporary construction trailers shall be used only as temporary field offices and for storage of incidental equipment and supplies and shall not be used for any dwelling use.
No combustible materials shall be stored in temporary construction trailers or sheds.
§ 27-1408 Minimum Floor Area Per Dwelling Unit.
[Ord. 378, 2/14/2005, § 1407]
Each new dwelling unit shall have a minimum gross floor area (excluding the area in a garage, basement or attic) per dwelling unit as indicated below:
§ 27-1409 Storage.
[Ord. 378, 2/14/2005, § 1408; as amended by Ord. 394, 6/11/2012, § I.G]
Outdoor Storage in Commercial Districts.
Except for nurseries, garden supply, building supply, automotive service station and similar businesses which require outside storage of materials, storage and display of materials outside a completely enclosed structure shall not be permitted. In the case of nurseries, garden supply, building supply 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. All other commercial activities shall take place within a completely enclosed building.
Temporary display and sales on the site of an existing commercial business shall be subject to the requirements of § 27-1304M of this chapter.
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 or hedge which is at least six feet in height.
Storage of Recreational Vehicles.
The parking and storage of recreational vehicles shall be prohibited within the right-of-way of any public street or alley and within the front yards of any lot. Recreational vehicles shall be parked in a completely enclosed building or in a location where they are not visible from the public street.
At no time shall such parked or stored vehicle be occupied or used as a dwelling.
Storage of Commercial and Construction Equipment. Commercial and construction equipment or vehicles including, without limitation, trucks with a gross vehicle weight (GVW) of 10,000 pounds or greater, tractors of 40 horsepower or larger, tandems, tractor-trailers, cargo-moving equipment and construction or equipment vehicles, shall not be stored or parked temporarily or permanently in any "S" Conservancy, "P" Public or "R" Residential District, excluding any vehicle or equipment stored on a site for work being performed on the property under a valid building or grading permit or being performed by public works or public utilities crews.
Storage of Refuse. Outdoor storage of garbage, rubbish, trash, refuse, junk, or discarded articles is prohibited in every Zoning District, except that garbage and rubbish stored in appropriate containers originating from and stored upon lots is permitted, provided, that such garbage and rubbish is stored and removed in conformance with Ord. 367 and is removed from the premises not less than as often as required by the Borough. All areas of storage shall be screened from public view.
§ 27-1410 Land Development Plan Approval.
[Ord. 378, 2/14/2005, § 1409]
If required by the Borough Subdivision and Land Development Ordinance [Chapter 22], approval of a land development plan shall be required for nonresidential uses involving construction of a new principal building or an addition to an existing building or change of use resulting in an increase in the area of the lot covered by the building and/or paving.
§ 27-1411 Engineering Report.
[Ord. 378, 2/14/2005, § 1410]
Where evidence exists from available soils maps and reports of slide-prone soils or other hazardous soil conditions, at the time of application for a building permit for a principal building, there shall be submitted a report of a qualified soils engineer analyzing the land to be developed and precautions recommended, if any, to be considered in the design of the development to mitigate landslides, erosion and sedimentation, stormwater runoff and other impacts on adjacent properties, as well as the stability of finished slopes and special foundation design, if warranted.
§ 27-1412 No-Impact Home-Based Business.
[Ord. 378, 2/14/2005, § 1411]
Where authorized by this chapter, no-impact home-based businesses shall comply with the following:
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
The business shall employ no employees other than family members residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.
There shall be no outside appearance of a business use including, but not limited to, parking, signs or lights.
No on-site parking of commercially identified vehicles shall be permitted.
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.
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.
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.
The business shall not involve any illegal activity.
§ 27-1413 Airport Zoning.
[Ord. 378, 2/14/2005; as added by Ord. 393, 6/11/2012, § I]
Purpose. The purpose of this section is to create airport zoning height regulations with respect to the Pittsburgh International Airport.
Definitions. The following words and phrases when used in this section shall have the meaning given to them in this section unless the context clearly indicates otherwise:
The highest point of an airport's usable landing area measured in feet above sea level. The airport elevation of the Pittsburgh International Airport is 1,204 feet above mean sea level.
Any structure or object, natural or man-made, or use of land which obstructs the airspace required for flight or aircraft in landing or taking off at an airport or is otherwise hazardous as defined in 14 CFR Part 77 and 74 Pa.Cons. Stat. § 5102.
Any area of land or water upon which an airport hazard might be established if not prevented as provided for in this section and the Act 164 of 1984, (Pennsylvania Laws Relating to Aviation).
An imaginary surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of the runway based on the planned approach. The inner edge of the approach surface is the same width as the primary surface and expands uniformly depending on the planned approach. The approach surface zone, as shown on Figure 27-14-1, is derived from the approach surface.
An imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one foot vertically for a horizontal distance of 4,000 feet. The conical surface zone, as shown on Figure 27-14-1, is based on the conical surface.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department of Transportation.
For the purpose of determining the height limits in all zones set forth in this section, the datum shall be mean sea level elevation unless otherwise specified.
An imaginary plane 150 feet above the established airport elevation that is constructed by swinging arcs of various radii from the center of the end of the primary surface and then connecting the adjacent arc by tangent lines. The radius of each arc is based on the planned approach. The horizontal surface zone, as shown on Figure 27-14-1, is derived from the horizontal surface.
A runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft.
A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned.
Any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this section or an amendment thereto.
Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth by this section.
A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precisions approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
An imaginary surface longitudinally centered on the runway, extending 200 feet beyond the end of paved runways or ending at each end of turf runways. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The primary surface zone, as shown on Figure 27-14-1, is derived from the primary surface.
A defined area of an airport prepared for landing and takeoff of aircraft along its length.
An object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.
An imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven feet horizontally to one foot vertically. The transitional surface zone, as shown on Figure 27-14-1, is derived from the transitional surface.
Any object of natural growth.
A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less.
A runway intended solely for the operation of aircraft using visual approach procedures.
Applicability. The regulations in this section shall apply to uses and structures located within areas illustrated on the Pittsburgh International Airport (PIT) Airspace Plan (Drawing 7c of 19 of the PIT Airport Master Plan, as amended), which PIT Airspace Plan is incorporated hereby by reference, which include the following zones as described in Figure 27-14-1 of this section.
Permit Applications. As regulated by Act 164 and defined by 14 Code of Federal Regulations Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made), in the vicinity of the airport, shall first notify the Department's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department's BOA response must be included with this permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered to be in compliance with the intent of this section. If the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in Subsection 5, "Variance."
No permit is required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure.
No notice or review under this section is required for any of the following construction or alteration:
Any object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height, and would be located in the congested area of a city, town, or settlement where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation.
Any antenna structure of 20 feet or less in height except one that would increase the height of another antenna structure.
Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device, of a type approved by the Administrator, or an appropriate military service on military airports, the location and height of which is fixed by functional purpose.
Any construction or alteration for which notice is required by any other FAA regulation.
Variance. Any request for a variance shall include documentation in compliance with 14 Code of Federal Regulations Part 77 Subpart B (FAA Form 7460-1 as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the FAA and the Department's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:
No objection. The subject construction is determined to not exceed obstruction standards and marking/lighting is not required to mitigate potential hazard. Under this determination a variance shall be granted.
Conditional Determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in Subsection 8, "Obstruction Marking and Lighting."
Objectionable. The proposed construction/alteration is determined to be a hazard and is thus objectionable. A variance shall be denied and the reasons for this determination shall be outlined to the applicant.
Such requests for variances shall be granted where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the intent of this section. |
Use Restrictions. Notwithstanding any other provisions of this section, no use shall be made of land or water within those portions of the Borough lying within the areas illustrated on PIT Airspace Plan (Drawing 7c of 19 of the PIT Airport Master Plan, as amended), in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft utilizing the Pittsburgh International Airport.
Pre-existing Nonconforming Uses. The regulations prescribed by this section shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this section, or otherwise interfere with the continuance of a nonconforming use. No nonconforming use shall be structurally altered or permitted to grow higher, so as to increase the nonconformity, and a nonconforming use, once substantially abated (subject to the underlying zoning ordinance,) may only be reestablished consistent with the provisions herein.
Obstruction Marking and Lighting. Any permit or variance granted pursuant to the provisions of this section may be conditioned according to the conditional determination process described in Subsection 5 to require the owner of the structure or object of natural growth in question to permit the municipality, at its own expense, or require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
Conflicting Regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this section and any other regulation applicable to the same area, the more stringent limitation or requirement shall govern and prevail.