Tyrone City Zoning Code
ARTICLE V
Special and Supplementary Regulations
§ 205-19 Intent.
This article lists specific controls over general aspects of land utilization that either further explain requirements of this chapter, provided additional requirements or are not included elsewhere in this chapter.
§ 205-20 Accessory buildings.
Accessory buildings shall meet the following requirements:
§ 205-21 Broadcast transmission facilities.
A.
Building-mounted broadcast transmission antennas shall not be located on any single-family or two-family dwelling.
B.
Building-mounted broadcast transmission antennas shall be permitted to exceed the height limitations of the applicable zoning district by not more than 20 feet. Broadcast transmission antennas co-located on existing permitted antennas shall not exceed the height established by Borough Council.
C.
Omnidirectional or whip antennas shall not exceed 20 feet in height and seven inches in diameter.
D.
Directional or panel broadcast transmission antennas shall not exceed five feet in height and three feet in width.
E.
Any applicant proposing broadcast transmission antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania registered professional engineer or architect certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
F.
Any applicant proposing broadcast transmission antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings to the Borough Council indicating how the antennas will be mounted on the structure.
G.
Any applicant proposing broadcast transmission antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and broadcast transmission equipment building can be accomplished.
H.
Broadcast transmission antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
I.
Broadcast transmission antennas shall not cause radio frequency interference with other broadcast transmission facilities located in the Borough.
J.
Broadcast transmission antennas shall be set back from any residence in an abutting zoning district a distance equal to the height of the tower plus 50 feet.
K.
A broadcast transmission equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure. Broadcast transmission equipment housed in underground vaults shall be exempt from setback requirements.
L.
The owner and/or operator of broadcast transmission antennas shall be licensed by the Federal Communications Commission to operate such antennas.
M.
The applicant shall supply documentation to the Borough documenting the need for the broadcast transmission facilities and efforts to secure co-location; a visual impact assessment and neighborhood impact assessment of the proposed facilities; and scale drawings showing the proposed placement, spacing, construction and/or modification of the broadcast transmission antennas and related facilities.
N.
As conditions to issuance of the permit, applicants for broadcast transmission facilities shall be required to supply the following:
(1)
Financial security in the amount of $100,000 shall be placed with the Borough to assure compliance with the provisions of this chapter. The form of security shall be subject to the Borough's approval and shall be maintained until the removal of the facility.
(2)
Public liability insurance for personal injuries, death and property damage in the amount of $2,000,000 per occurrence. The Borough shall be listed as an additional insured, and the policy shall contain an endorsement that gives the Borough a thirty-day notice prior to policy cancellation. A copy of said policy shall be delivered to the Borough upon issuance.
(3)
All documentation applicable to the facility including its operation and any enforcement/activities by other agencies.
§ 205-22 Building height exceptions.
The following are exceptions to the height requirements of the districts:
A.
Height regulations of this chapter shall not apply to water towers, church spires, belfries, antennas, chimneys, architectural ornament, or appurtenances placed above the roof level not intended for human occupancy, although certain height regulations may be in other Borough ordinances.
§ 205-23 Building yard exceptions.
No structure or part of a structure shall be erected within or shall project into any required yard setback except the following:
A.
Overhanging eaves, gutters, cornices or solar energy collector not exceeding two feet in width;
B.
Arbors, trellises, garden sheds, flagpoles, unroofed steps, unroofed patios, awnings, movable canopies, walls and fences;
C.
Unenclosed fire escapes that extend no more than six feet into any required yard area; and
D.
Ramps and other access aids and appurtenances required to assure ADA access and/or access by persons with mobility limitations.
§ 205-24 Clubs, lodges and fraternal organizations.
In districts where permitted, these uses are restricted to those not conducted primarily for gain, although a dining room may be operated for the benefit of club members; providing that no sign advertising the sale of food or beverages will be permitted. Buildings or structures hereafter erected or converted for such uses are subject to all applicable regulations for the zoning district in which it is located.
§ 205-25 Environmental performance standards.
Tyrone Borough may require safeguards to assure compliance with the certain environmental standards for nonresidential development. When required, the applicant shall demonstrate that adequate provisions will be made to reduce and minimize any objectionable elements related to this section. Upon request of the Borough, the owner shall furnish or obtain proof at his own expense that he is in compliance with the following environmental standards:
A.
Air management.
(1)
The burning of tires, plastic, or any toxic substance is not permitted.
(2)
No gases, vapors or fumes shall be emitted which are harmful to persons, property, animals, or vegetation.
(3)
No radioactive vapors or gases shall be emitted.
(4)
No objectionable odors other than agricultural in origin shall be detectable beyond the property boundaries.
B.
Solid waste management. No storage of waste materials on a lot shall be permitted in excess of 30 days. All waste materials awaiting transport shall be kept in enclosed containers and be screened from view.
D.
Lighting and heat.
(1)
All lighting shall be shielded and not cause a glare beyond the lot boundary.
(2)
Any operation producing heat shall prevent any effect from the heat beyond the property lines.
(3)
No flashing or oscillating lights shall be permitted.
(4)
Lighting that by reason of intensity, color, location or movement of its beam that may interfere with or abrogate public safety shall not be permitted.
E.
Groundwater supplies. No use shall endanger groundwater levels and quality nor adversely affect groundwater supplies of nearby properties.
§ 205-26 Group homes.
Group homes are facilities intended to accommodate certain persons (Article III, Terminology) and are allowed as a permitted use in R-2 and a special exception in R-1 Districts, subject to the following requirements:
A.
The number of persons living in such a group home shall not exceed two persons per bedroom and shall include at least one on-site support staff member who shall not be included in the maximum number.
B.
All group home structures should have the appearance of single family or other traditionally residential structures.
C.
All group homes shall meet the minimum yard, setback and lot width requirements in the applicable zoning district.
D.
A group home must be sponsored and operated by a group, organization or corporation licensed by either the county or the state. Proof of licensing shall be submitted with applications for the group home use. Proof of compliance with all applicable county or state regulations shall be furnished to the Zoning Officer.
E.
No group home shall be located within a one-half-mile radius of any other group home.
§ 205-27 Habitable floor area.
The minimum habitable floor area of any dwelling unit hereafter established shall conform with the International Property Maintenance Code, which provides for the following minimums for differing types of floor space:
Minimum Area (square feet) | ||||
|---|---|---|---|---|
Space | 1-2 occupants | 3-5 occupants | 6+ occupants | |
Living room/area* | No requirements | 120 | 150 | |
Dining room/area* | No requirements | 80 | 100 | |
Bedrooms: | ||||
First person | 70 | 70 | 70 | |
Each additional person | 50 | 50 | 50 | |
NOTE: | |
|---|---|
* | Combined living/dining areas shall comply with the total of each as per table. |
§ 205-28 Home occupations.
Home occupations not meeting the definition of a no-impact home-based business are special exception uses in the R-1 and R-2 Districts, subject to the following requirements:
A.
The home occupation shall be carried on only by residents of the dwelling and/or no more than one employee other than the residents of dwelling. Additional nonresident employees may be approved as part of the special exception.
B.
The character or external appearance of the dwelling unit or accessory structure must be consistent with the zoning district. No display of products may be shown so as to be visible from outside.
C.
A nameplate not larger than two square feet in area shall be permitted, and cannot be animated or illuminated by direct light.
D.
Not more than 35% of the gross floor area of a dwelling unit may be devoted to a home occupation.
E.
The use will not involve any waste product other than domestic sewerage or municipal waste.
F.
The use is clearly an incidental and secondary use of a residential dwelling unit.
G.
The use does not require mechanical equipment other than that customarily used for domestic or hobby purposes.
H.
The use requires shipments or deliveries by the U.S. Postal Service or commercial parcel services customarily associated with deliveries and shipments in residential areas.
I.
The use will not be one that creates dust, heat, glare, smoke, vibration, audible noise, or odors outside the building.
§ 205-29 Existing lots of record.
In the case of a lot of record held in single and separate ownership at the effective date for Chapter 205 of the Code of Tyrone Borough, the following apply:
A.
For lots not meeting the minimum area for the district, buildings for permitted uses may be constructed and those for special exceptions and conditional uses may be constructed after approval in accordance with Section VI.
§ 205-30 Junkyards.
Within the I-M District, junkyards meeting the definition of this chapter shall be permitted as a permitted use, subject to the following requirements:
A.
The deposit or storage for more than 120 days of two or more motor vehicles not having valid inspection stickers issued by the Pennsylvania Department of Transportation, excluding farm vehicles, or of two or more wrecked or broken vehicles, or the major parts of two or more such vehicles, shall be deemed to make the lot a junkyard.
B.
No material shall be placed in any junkyard in such a manner that is capable of being transferred out of the junkyard by wind, water, or other natural causes.
C.
The boundaries of any junkyard shall at all times be clearly delineated by a closed fence.
D.
All paper, rags, cloth and other fibers, and activities involving the same, other than loading and unloading, shall be kept within fully enclosed buildings.
E.
The land area used for junkyard purposes shall not be less than one acre and shall not be exposed to public view from any public street or road by virtue of its location on a hillside or location on a plateau below street level.
F.
Screening of the junkyard from neighboring land uses shall, as a minimum, require the following:
(1)
The junkyard shall be entirely enclosed by a closed fence at least eight feet by no more than 10 feet high constructed of approved fencing material with access only through solid gates. Such fence or wall shall be kept in good repair. A brick wall, stockade fence or a chain link fence with opaque insets that shields the view of the property will meet this requirement.
(2)
The contents of such a junkyard shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed.
(3)
The fence or wall shall be situated no closer to any street or property line than 25 feet.
G.
All materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects, or other vermin. When necessary, this shall be accomplished by enclosure in containers, raising of materials above the ground, separation of types of material, preventing the collection of stagnant water, extermination procedures, or other means.
H.
No burning shall be carried on in any junkyard. Fire shall be prevented and hazards avoided by organization and segregation of stored materials, with particular attention to the separation of combustibles from other materials and enclosure of combustibles where necessary by the provision of adequate aisles at least 15 feet for escape and firefighting, and by other necessary measures.
§ 205-31 Mobile home parks.
Mobile home parks are permitted as a conditional use in the R-2 District, subject to the following provisions:
A.
General standards.
(1)
A notice shall be placed on the land development plan stating that it shall be the responsibility of the mobile home park owner to maintain all park facilities, including private streets, sewage disposal facilities, and areas designated as open space.
(2)
The minimum width of any mobile home lot shall be not less than 75 feet. The minimum length of any mobile home lot shall be not less than 120 feet or equal to the overall length of any mobile home located on the lot plus 30 feet, whichever length is greater. The maximum number of mobile home lots per acre shall be four.
(3)
Construction and related standards associated with design, foundation systems, skirting and perimeter enclosures, footings and foundations, pier construction/height anchorage installation and ties/materials installation governing the placement of units in a mobile home park shall conform with the requirements of the International Residential Code.
(4)
A minimum of two off-street parking spaces per each mobile home lot within the development shall be provided within 200 feet of the lot to be served.
B.
Setbacks, buffer strips, and screening requirements.
(1)
All mobile homes, auxiliary park buildings and other park structures shall be located at least 40 feet from the mobile home park boundary lines. The minimum buffer strip may be reduced to 25 feet if a suitable perimeter screening of plantings of fencing is provided and approved by the Zoning Hearing Board.
(2)
Mobile homes shall be located at least 50 feet from any auxiliary park buildings and any repair, maintenance or storage areas of buildings.
C.
Design standards.
(1)
A mobile home park shall have a gross area of a least five contiguous acres of land suitable for development.
(2)
The developer shall provide a minimum of 10% of the gross area of the mobile home park for recreational/open space.
(3)
Access to mobile home lots within the development shall be provided via an internal street designed and constructed in accordance with the standards of Chapter 174, Subdivision of Land.
(a)
The state highway system includes all public streets and highways maintained by the Pennsylvania Department of Transportation.
(b)
The municipal street system includes all public streets and roads maintained by Tyrone Borough. Developers proposing public dedication of streets within the mobile home park shall submit road design and construction plans which meet the minimum specifications of the Borough as part of the plan submission process. A deed, which dedicates the land to be used as a public street to the municipality, shall be recorded with the final plan.
(c)
Private streets include all streets or roads not dedicated, accepted, and maintained for public use. Private streets may be permitted where the following conditions can be met:
[1]
A survey of the center line of the private right-of-way shall be shown on the plot plans along with a notation identifying the street and right-of-way as being private.
[2]
The subdivider shall provide a right-of-way use and maintenance agreement in each deed, lease, or conveyance prescribing a right-of-way width and location and setting forth an arrangement between the subdivider and buyer or lessee for maintenance of the private right-of-way.
[3]
Where an existing private right-of-way is proposed to provide access to a new subdivision, the subdivider shall provide a right-of-way use and maintenance agreement signed by all property owners using all the right-of-way if such an agreement has not been previously included in the existing deeds. This agreement shall be recorded with the final plan and prescribe a right-of-way width and location in accordance with the standards of this chapter and set forth arrangements for maintenance of the private right-of-way.
(4)
Mobile home parks shall be provided with water supply facilities designed and constructed in accordance with the standards of the Department of Environmental Protection and the following regulations.
(a)
The developer shall construct a system of water mains and connect with such public water supply system where a public water supply with sufficient capacity is available at plat boundary or within 1,000 feet of any section of the mobile home park.
(b)
If a public water supply system is not available under the conditions stated above, the developer shall provide individual or community wells to serve the mobile home park that shall be approved by the Department of Environmental Protection.
(c)
All public water systems shall be laid wherever possible in the planting strip on the higher side of the street and constructed in accordance with the standards of the authority, utility company, Department of Environmental Protection or municipal department operating such water mains.
(5)
Mobile home parks shall be provided with sanitary sewer facilities designed and constructed in accordance with the standards of the Department of Environmental Protection and the following regulations.
(a)
The developer shall construct a sanitary sewer system and connect with such sewer main and provide lateral connections for each lot where a public sanitary sewer main is available at plat boundary or within 1,000 feet of any section of the mobile home park.
(b)
All sanitary sewers shall be constructed and installed according to the standards of the authority or municipal department operating such sewers. Stormwater shall not be permitted to enter sanitary sewers.
(c)
All phases of construction, including excavation, trench, pipe size, grade, backfill and manholes shall be in accordance with approved construction drawings, Department of Environmental Protection requirements, and inspected by the Borough Engineer, his authorized representative, authority or health officer during the entire construction period.
(6)
All phases of construction, including minimum size line, excavation, trench, type pipe, backfill hydrants, tees and valves shall be in accordance with approved construction drawings, Department of Environmental Protection's standards and inspected by the Borough Engineer, his authorized representative or the authority or agency representative of the utility company during the entire construction period.
§ 205-32 Obstructions.
A.
On a corner lot, no structure shall be erected or enlarged, and no vegetation shall be planted or maintained which may cause visual obstruction to motorists on any public road.
B.
Clear sight triangles shall be provided at all street intersections. Within such triangles, no object shall be permitted which obscures vision above the height of 30 inches and below 10 feet, measured from the center-line grade of intersecting streets. Such triangles shall be established from a distance of 50 feet from the point of intersection of the center lines of local and collector streets. For all intersections with arterial, triangles shall be established in accordance with the current edition of Geometric Design of Highways and Streets, by the American Association of State Highways and Transportation Officials (AASHTO) that takes factors such as vertical grade, speed limit, number of travel lanes and other factors of the intersecting arterial into account.
§ 205-33 Off-street parking, traffic control and loading.
A.
To minimize traffic congestion and hazard, control road access and encourage orderly development of street frontage, the following regulations shall apply:
(1)
Every building erected or altered shall be on a lot adjacent to a public road or have access to a public road via an approved private road/driveway.
(2)
Each use with less than 100 feet of road frontage shall not have more than one ingress and egress lane to such road. No use with 100 feet or more of road frontage shall have more than two accessways to any one road for each 300 feet of road frontage. A common access point for two or more uses is encouraged, where practical, to minimize vehicular access points along roads classified other than local roads.
(3)
All driveways to any public road shall be located a minimum of 40 feet from any intersection of road center lines.
(4)
Provision shall be made for safe and efficient ingress and egress to and from public roads, without undue congestion or interference with normal traffic flow. The developer shall be responsible for the design and construction, and the costs thereof, of any necessary traffic control device and/or highway modifications required by the county, Borough or the Pennsylvania Department of Transportation.
(5)
The maximum width of driveway entrances and exits onto a public road, measured at the road line and within the road right-of-way, shall be 14 feet for one-way driveways and 28 feet for two-way driveways. The radius of the edge of the driveway apron shall not exceed 25 feet.
B.
The following internal circulation regulations shall apply to multiple-family residential, commercial and industrial uses, unless otherwise specified:
(1)
Design of access aisles and drives:
(a)
Internal drives and service areas shall be designed to prevent blockage of vehicles entering or leaving the site. Drives may be one-way or two-way. Egress to the road shall be in a forward direction.
(b)
Accessways, parking areas and loading areas shall have clearly defined parking bays and circulation designated by markings, curbs, and/or landscaped islands, so that patrons shall not impede traffic as a result of any confusion as to location of entrances and exits.
(c)
All interior drives and accessways shall be paved with an approved all-weather cohesive and dust-free surface, and shall be graded, properly drained and maintained in a good condition. Interior drives shall have a maximum grade of 8%.
(d)
Minimum interior drive cartway widths (with no abutting parking):
Two Lane | One Lane | ||
|---|---|---|---|
Use | Two-Way Drives (feet) | One-Way Drive (feet) | |
Multifamily residential | 20 | 12 | |
Commercial/office | 22 | 12 | |
Industrial | 26 | 15 |
(e)
Common or shared access driveways to parking and loading areas are permitted and encouraged, provided landowners submit an agreement of maintenance responsibility.
(2)
Landscaping requirements. At least 5% of the land area of a required parking lot shall be landscaped, comprising perimeter and/or interior areas.
(a)
Perimeter landscaping shall include a landscaped strip at least five feet wide along the boundary of the parking lot, with one shade tree per 40 lineal feet and one shrub per three lineal feet of frontage, or compliance with § 205-34 if applicable.
(b)
Interior landscaping shall include islands and/or peninsulas within the parking area, each having a minimum of 18 square feet, with shade trees and shrubs prepared at the discretion of the developer.
(3)
Fire lane easements. Any use or building located more than 600 feet from a road shall provide a dedicated fire lane easement consisting of an unobstructed right-of-way width of 30 feet.
C.
Loading and unloading requirements in connection with any use, building or structure which requires the receipt or distribution of materials by trucks or similar vehicles, there shall be provided a sufficient number of off-street loading and unloading berths in accordance with the following requirements:
(1)
Location. Loading and unloading areas shall not be located between the front building setback line and street line, and loading facilities shall be screened in accordance with § 205-34.
(2)
Space allowed. Space allowed to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements of any off-street parking facilities or portions thereof.
(3)
Loading and unloading space shall be at least 10 feet wide, 25 feet in length with 14 feet of vertical clearance, and shall have an adequate maneuvering area.
(4)
Surface. Loading and unloading areas shall have an all-weather cohesive and dust-free surface.
(5)
Minimum requirements. Each new use shall provide the following:
Use | Gross Floor Area (square feet) | Minimum No. Spaces | |
|---|---|---|---|
Commercial and industrial | Under 8,000 | 1 | |
8,000 to 40,000 | 2 | ||
40,001 to 250,000 | 3 | ||
Each additional 200,000 | 1 | ||
Offices and multifamily housing | Under 100,000 | 1 | |
100,000 to 300,000 | 2 | ||
Over 300,000 | 3 |
D.
Off-street parking requirements are subject to the following:
(1)
Off-street parking facilities shall be provided whenever a building is constructed or a new use is established in an existing building, or an existing building or its use is changed.
(2)
Off-street parking facilities existing at the effective date of this chapter shall not be reduced to an amount less than that required under this chapter for a similar new building or use.
(4)
Location.
(a)
All parking spaces shall be on the same lot as the principal building except herein described. Parking spaces may be located within a structure or in the open.
(b)
The parking spaces may be located elsewhere than on the same lot when authorized by the Zoning Hearing Board, subject to some portion of the off-street parking area being within 300 feet of an entrance regularly used by patrons.
(c)
For all residential dwellings, the parking spaces shall be within 100 feet of the dwelling unit they serve.
(d)
Parking areas requiring direct access to a municipal street shall require a curb cut approved by the Borough, while those having direct access to a state highway shall be subject to PennDOT highway occupancy requirements.
(5)
Size and design of parking lot.
(a)
In the layout of parking lots, minimum parking stall dimensions shall be 20 feet in length and nine feet in width.
(c)
Parking lots for commercial and residential uses shall be illuminated at night.
(d)
Parking lots shall have an all-weather cohesive and dust-free surface.
(e)
Parking lots shall have a minimum slope of 1% and a maximum slope of 5%. Stormwater runoff shall not be directed across pedestrian walkways or other lots.
E.
Handicapped parking. This subsection shall apply to projects where parking is provided including commercial, industrial, office, institutional, multifamily residential and educational uses.
(1)
The number and location of handicapped accessible parking spaces shall conform to the requirements of the International Building Code. Specific numbers of spaces from this Code are as follows:
Total Parking Spaces Required for Use | Required Minimum Accessible Spaces | |
|---|---|---|
1 to 25 | 1 | |
26 to 50 | 2 | |
51 to 75 | 3 | |
76 to 100 | 4 | |
101 to 150 | 5 | |
151 to 200 | 6 | |
201 to 300 | 7 | |
301 to 400 | 8 | |
401 to 500 | 9 | |
501 to 1,000 | 2% of total | |
More than 1,000 | 20 plus 1/each 100 over 1,000 |
(2)
Dimensions and design standards for handicapped-accessible spaces/access aisles shall conform with the requirements of the International Code Council (ICC) and American National Standards Institute (ANSI), as per ICC/ANSI A117.1-1998 (Chapter 5), as periodically amended and updated. The minimum width of car/van parking spaces shall be 96 inches and shall have an adjacent access aisle with dimensions as outlined in the referenced ICC/ANSI publication.
F.
Specific parking requirements for various uses in each district shall be as follows:
Use | Parking Space Requirement | |
|---|---|---|
Banks and financial | 1 space per 300 square feet of gross floor area plus 3 space reservoir area at each drive-in window and/or ATM | |
Barber and beauty shops | 2 spaces per shop plus 1 1/2 spaces per chair | |
Day-care facilities | 1 space per employee | |
Doctor/dental office | 4 spaces per doctor/dentist, plus 1 space per employee | |
Eating and drinking establishments | 1 parking space for every 2 1/2 seats for patron use and 1 space for each employee per shift | |
Eating establishment, drive-in | 1 space for every 50 square feet of gross floor area and 1 space for each employee per shift, plus 3 space stacking area at each drive-in window | |
Educational facilities | 3 space per classroom plus 1 space per employee (in addition to spaces for auditoriums above) | |
Furniture store | 1 space per 1,000 square feet of gross floor area | |
Golf courses/ranges | 1 space per 4 holes/stalls and 1 space per employee | |
Home occupations | 2 spaces in addition to the residential parking requirement | |
Hospital/clinic | 3 spaces per bed | |
Houses of worship/auditorium/assembly halls/theaters | 1 space for every 4 seats | |
Indoor recreation/health clubs | 1 space for every 100 square feet of gross floor area | |
Industrial uses | 1.5 spaces for every 2 employees on the largest shift plus 5 for visitors | |
Motels, hotels, bed-and-breakfasts and guest homes | 1 space for each unit and 1 space for each employee on the largest shift | |
Nursing/personal care home | 1 space for every three beds plus 1 space per employee on the largest shift | |
Office buildings and professional offices (not medical/dental) | 1 space for each 300 square feet of floor area | |
Parks and outdoor recreation | 1 space for every 4 persons of design capacity | |
Residential | Single/two-family: 2 spaces per dwelling unit Multifamily/conversion apartments: 1.5 per dwelling unit | |
Retail/commercial (not otherwise classified) | 1 space per 300 square feet of gross floor area used for sales purposes | |
Self-service storage | 1 space per 2,000 square feet of gross floor area | |
Service stations and vehicle repair | 2 spaces per repair bay and 1 space per employee | |
Shopping centers/malls | 1 space for each 350 square feet of floor space used for sales purpose | |
Social halls, private clubs and fraternal organizations | 1 space per 200 square feet of gross square feet | |
Supermarkets and food stores | 1 space for every 200 square feet of gross floor area used for sales purposes |
§ 205-34 Screening requirements.
It is the intent of the screening provisions to provide visual and auditory separation between potentially incongruous land uses. It is a further intent of the following provisions to provide flexibility to the developer or property owner to create effective concealment through performance design requirements below.
A.
Screening.
(1)
Screening requirements shall be applicable under the following circumstances:
(a)
A proposed nonresidential use abuts an existing residential use or residential district.
(b)
A proposed multifamily residential building abuts an existing single-family residential use or district;
(d)
Any other instance where screening is required by this chapter, or deemed necessary by the Borough Council or the Zoning Hearing Board in relation to conditional uses or special exceptions.
(2)
Screening is not required if the features to be screened are set back 300 feet or more from the lot line along which screening would otherwise be required.
B.
In addition to the Zoning District boundary areas described above, the following land development features shall be screened on the lot for which development is proposed:
C.
Site and district requirements.
(1)
For screening of features, screening may be located anywhere on the lot provided it effectively shields the features to be screened.
(2)
For a zoning district buffer, screening shall be located at the lot perimeter representing the zoning district boundary.
(3)
Screening may be interrupted for necessary driveways to the street, provided a gap in the screening does not exceed 30 feet.
D.
Effective screening may be accomplished through the use of one or more of the following methods:
(1)
Placement of features to be screened behind an existing or proposed landform or berm.
(2)
Use of existing or proposed 90% opaque architectural barriers such as walls, fences and buildings.
(3)
Use of existing woody vegetation masses such as hedges, woodlands and hedgerows, provided they are preserved intact during construction on the site.
(4)
Proposed woody vegetation plantings such as trees and shrubs.
E.
Buffer/screen width.
(1)
Buffer/screen width located between divergent land uses shall be in response to the degree of land use conflict. The width shall be as follows:
(a)
A minimum buffer of 10 feet width of existing or newly planted trees is required where any proposed commercial and/or industrial uses abut the existing residential dwellings/district, or when a multifamily residential use abuts an R-1 use/district.
(b)
A planted buffer of 15 feet width is required between any other incongruous land uses so deemed by the Borough Council or Zoning Hearing Board, as applicable for the specific conditional or special exception use.
(2)
To meet the above screening requirements in part or in whole, existing wood lots and hedgerows should be utilized, if they exist.
F.
The following design standards shall guide the design of the buffer:
(1)
For areas requiring a screen width of 10 feet or more, a tree plantation or a combination of trees and shrubs is required.
(2)
Where trees are proposed for screening, at least one tree that normally achieves a height greater than 30 feet shall be planted for every 20 linear feet of distance required to be screened. Any resulting fraction of this division shall be rounded up to the next whole number. Location of the required trees is flexible.
(3)
Where proposed shrubs are used, the maximum distance between plant centers shall be eight feet.
(4)
At a minimum, screening shall be of sufficient height and density to constitute a continuous opaque screen in summer months to a height of six feet within a period of three years of planting.
(5)
Proposed trees and shrubs shall be healthy, typical of their species, have normal growth habits with well-developed branches and vigorous root systems.
G.
The following performance standards affect the design and requirement of screening:
(1)
The developer is encouraged to consider placing improvements on the land in a manner that would lessen the extent and cost of required screening. Examples of sensitive design include the following:
(2)
To assure compliance with screening requirements, the applicant shall provide a screening plan to enable the Borough to access whether proposed screening will create an effective buffer at necessary points. The screening plan shall be drawn to scale and proposed plants shall be indicated, including type, quantity, size at planting time, and spacing, and may include any one of the following:
H.
The following maintenance requirements apply to all screening/buffering:
(1)
Any tree or shrub planted for screening purposes that dies shall be replaced.
(2)
Any fence, wall or other architectural method utilized for screening shall be maintained in a structurally sound condition.
(3)
Any landform or existing vegetation mass approved for screening shall not be altered or otherwise developed, except for usual maintenance.
(4)
The owner shall be responsible for continual maintenance of the screening. A note on the application or site plans shall indicate this, and be signed by the applicant.
§ 205-35 Sexually oriented businesses.
Sexually oriented businesses may be permitted by special exception in the H-C Highway Commercial District, subject to the procedural requirements of Article VI of this chapter and the requirements of Chapter 58, Adult Entertainment. Applications for special exceptions for a sexually oriented business shall specifically address the following land use standards and criteria for review by the Zoning Hearing Board:
A.
The building or structure of such use shall be located not less than 1,000 feet from any existing residential use or district; public or private pre-elementary, elementary or high school; church or house of worship; day-care center or nursery school; recreation facility; businesses primarily serving or catering to persons under 18 years of age; and public library or any other religious, institutional, or educational use.
B.
No such use shall be located within 1,000 feet of a similar adult entertainment use.
C.
No materials sold within shall be visible from any window, door, or exterior of the building.
D.
No person under the age of 18 years of age shall be permitted within an adult commercial store or sold any adult entertainment material.
E.
Signage shall be limited to one attached sign no larger than 12 square feet. Signage may be lighted by a covered and recessed fixture located at the top or base of the sign.
§ 205-36 Sign regulations.
A.
General requirements. The following regulations shall apply to all zoning districts:
(1)
Permits to construct, install and maintain signs shall be obtained from the Zoning Officer, and shall be in accordance with the requirements of the respective zoning district.
(2)
Signs may be erected and maintained only when in compliance with the provisions of this chapter and all other ordinances and regulations relating to the erection, alteration, or maintenance of signs.
(3)
Signs shall not contain moving mechanical parts or use flashing or intermittent illumination. The source of light shall be steady and stationary.
(4)
No sign shall be placed in a position, or have illumination that it will cause any danger or distraction to pedestrians or vehicular traffic.
(5)
Floodlighting of any sign shall be arranged so that the source of light is not visible nor glare is detected from any property line or vehicular access, and that only the sign is illuminated.
(6)
No sign other than official traffic signs shall be mounted within the right-of-way lines of any street.
(7)
Every sign must be constructed of durable material and be kept in good condition. Any sign that is allowed to become dilapidated shall be removed by the owner, or upon failure of the owner to do so, by the Borough at the expense of the owner or lessee.
(8)
No sign shall be erected or located as to prevent free ingress to or egress from any window, door, fire escape, sidewalk or driveway.
(9)
No sign shall be erected which emits smoke, visible vapors or particles, sound or odor.
(10)
No sign shall be erected which uses an artificial light source or reflecting device which may be mistaken for a traffic signal.
(11)
No sign shall be erected containing information that implies that a property may be used for any purpose not permitted under the provisions of this chapter.
(12)
The distance from ground level to the highest part of any freestanding sign shall not exceed eight feet in residential districts.
(13)
Signs shall not project above the maximum building height permitted in any district in which they are located.
(14)
Signs necessary for the identification, operation, and protection of public utilities, may be erected within the street right-of-way when authorized by the Zoning Officer for a special purpose and for a specified time.
(15)
All signs erected within the right-of-way of a state highway shall be in accordance with the regulations of Pennsylvania Department of Transportation.
B.
Signs in the R-1 and R-2 Districts are subject to the following requirements:
(1)
Official traffic signs.
(2)
Identification signs, bulletin or announcement boards for schools, churches, hospitals, or similar institutions, for similar permitted uses, approved special exception uses and approved conditional uses, with the exception of home occupations:
(3)
Home occupations may have an identification sign indicating the name, profession, or activity of the occupant of a dwelling, provided:
(a)
The area of any one side of any such sign shall not exceed two square feet.
(b)
One such sign shall be permitted for each permitted use or dwelling.
(c)
A sign indicating the permitted home occupation use shall be erected on the property where that use exists.
(d)
The sign shall not be illuminated or animated.
(4)
Real estate signs, including signs advertising the rental or sale of premises, provided that:
(a)
The area on any one side of any such sign shall not exceed six square feet.
(b)
A sign shall be located on the property to which it refers.
(c)
Such signs shall be removed within seven days upon the closing of the premises.
(d)
Not more than one such sign shall be placed on any one street frontage.
(7)
Signs necessary for the identification and protection of public utility corporation facilities, provided that the area of one side of such sign shall not exceed four square feet.
(8)
Signs within a residential subdivision to direct persons to a rental office or sample unit within that subdivision provided that the area on one side of any such sign shall not exceed two square feet.
(9)
Trespassing signs and signs indicating the private nature of the premises. The area of any one side of such signs shall not exceed two square feet and the signs shall be placed at intervals of not less than 100 feet along any street frontage.
(10)
Sign denoting the name of a subdivision or development, provided that:
C.
Signs in the T-C, H-C and I-M Districts are subject to the following:
(2)
Commercial/industrial business signs, provided that:
(a)
The total area on one side of all business signs placed on or facing any one street frontage of any one premises shall not exceed one square foot for every on lineal foot in lot frontage up to a maximum as follows:
(b)
In the case of a building or tract of land housing more than one use, one permanent directory or identifying sign for the building or tract may be erected. The sign area on one side shall not exceed that identified in the table of Maximum Square Footage Allowed in Subsection D. In addition, for each use located within that building, or on the same lot, one wall-mounted sign shall be permitted. The area of such sign shall not exceed that identified in the table of Maximum Square Footage Allowed in Subsection D.
(c)
No more than two separate signs shall face any one street frontage for any one use.
(4)
Billboards may be allowed as a special exception in the I-M District, provided that:
(a)
Billboards shall be located no closer than within 1,000 feet of another billboard.
(b)
Billboards shall be a minimum of 50 feet from all side and rear property lines.
(c)
All billboards shall be set back at least 50 feet from any road right-of-way lines.
(d)
All billboards shall be set back at least 100 feet from any existing residential dwelling.
(e)
Billboards shall not obstruct the view of motorists on adjoining roads, or the view of adjoining commercial or industrial uses, which depend upon visibility for identification.
(f)
Billboards shall not exceed an overall size of 300 square feet, nor exceed 25 feet in height.
(5)
Marquee/awning signs are allowed in the T-C and H-C Districts, subject to the following.
(a)
Such sign may be painted on or attached flat against the surface of the marquee, but may not extend or project beyond the marquee or be attached to the underside thereof.
(b)
Letters or symbols on such sign shall not exceed 16 inches in height.
(c)
The bottom of such sign shall have a minimum clearance of 10 feet above the sidewalk.
(6)
Projecting signs are allowed in the T-C and H-C Districts, subject to the following.
(a)
No sign(s) shall project beyond four feet from the building or structure to which it is attached.
(b)
All projecting signs shall allow a minimum nine-foot clearance from finish grade.
(c)
All signs overhanging any public right-of-way (including sidewalks) shall be covered by a liability insurance policy with a company authorized to conduct business in the Commonwealth of Pennsylvania.
(7)
Shopping, office or commercial center signs. Occupants of a shopping office or commercial center, mall or complex are permitted one on-premises identification sign in addition to the common sign identifying the occupants of such a center or complex. Said common sign identifying the occupants of such a center or complex is the shopping, office, or commercial center sign.
(8)
Wall signs. No wall sign shall project more than 10 inches from the building surface, nor extend beyond the ends of the wall to which it is attached.
(9)
Window signs. The total area of any window sign shall not exceed 30% of the total glass area of that window and such sign shall advertise only on-premises use, activity, goods, services or products.
D.
The following table delineates the maximum of each sign type allowed in the T-C, T-C and I-M Districts:
Maximum Square Footage Allowed | |||||
|---|---|---|---|---|---|
Type of Sign | T-C District | H-C District | I-M District | ||
Freestanding | 32 | 50 | 200 | ||
Marquee/awning | 1 square feet per lineal foot frontage | 2 square feet per lineal foot frontage | Not permitted | ||
Billboard | Not permitted | Not permitted | 300 | ||
Projecting | 12 | 18 | 18 | ||
Shopping center | |||||
Directory | 20 | 40 | 40 | ||
Individual/wall | 10 | 20 | 40 | ||
Wall | 1 square feet per lineal foot frontage | 2 square feet per lineal foot frontage | 4 square feet per lineal foot frontage | ||
Window | 25% of glass area | 25% of glass area | 25% of glass area | ||
Total maximum of all types | 50 | 100 | Unlimited | ||
E.
Existing signs at the time of the passage of this chapter are subject to the following:
(1)
Existing signs may be continued provided that all such signs shall conform to the general requirements as set forth in Subsection A of this section.
(2)
Any sign existing at the time of the passage of this chapter that does not conform with the regulations of the district in which such sign is located shall be considered a nonconforming use and may continue in such use in its present location until replacement or rebuilding becomes necessary and/or ordered by the Borough, at which time a sign permit will be required and the sign brought into conformity with this chapter.
§ 205-37 Swimming pools.
Private swimming pools are permitted as accessory uses subject to the following land use requirements, in addition to swimming pool regulations of the Borough of Tyrone:
A.
The pool shall be intended and shall be used solely for the enjoyment of the occupants and their guests of the principal use of the property.
B.
The pool shall be located in either the rear or side yard of the property.
C.
All pools shall have a fence barrier of at least four feet for aboveground and five feet for in-ground pools and be maintained in structurally sound condition.
§ 205-38 Vehicle service stations.
Automobile repair garage, including paint spraying and body and fender work, shall be permitted in the H-C District and by conditional use in the T-C District, subject to the following requirements:
A.
All automobile parts, tires, equipment, refuse, and similar articles shall be stored within a building or an area enclosed by a solid wall or fence of six feet in height. Stored vehicles, parts, equipment, etc. in an area enclosed by a solid wall or fence, parts, etc. shall not extend above the height of the wall or fence.
B.
All repair and paintwork shall be performed within an enclosed building.
C.
Storage of junked vehicles shall conform with the requirements of Chapter 188, Vehicles, Abandoned and Junked.
D.
Fuel pumps, lubricating devices and other dispensing devices shall be located no closer than 25 feet from any public right-of-way.
§ 205-39 Walls and fences.
Walls and fences are exempt from setback requirements. All solid walls and fences shall not exceed six feet in height, with the exception of the following: