Upland City Zoning Code
ARTICLE XVIII
General Regulations
§ 185-1800 Purpose.
The purpose of this article is to identify certain regulations and standards that are generally either common to all zoning districts or applicable to more than one district.
§ 185-1801 Overall requirements.
A.
No building or structure, or part thereof, shall hereafter be erected, constructed or altered, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of this chapter.
B.
Every principal building shall hereafter be built on a lot with frontage on a public or private street.
C.
No lot or premises shall hereafter be subdivided or reduced in area or size in any manner so as to violate the provisions of this chapter and the most recently adopted version of the Delaware County Subdivision and Land Development Ordinance.
§ 185-1802 Projections into required yards.
A.
No principal building or part thereof shall be erected within, or shall project into, any required yard in any district, except for unenclosed porches, decks, one-story bay windows, eaves, chimneys, balconies, fire escapes, buttresses, cornices or steps, and none of these, except unenclosed decks, shall encroach more than three feet into the required yard. However, unenclosed decks may extend into required rear yards in residential districts.
§ 185-1803 Visibility at corner lots.
A.
On any corner lot, no wall, fence or other structure shall be erected or maintained, and no hedge, tree, shrub or other growth shall be planted, grown or maintained, which may cause danger to vehicular traffic by obscuring the view or in any other way be a source of danger.
B.
Where a lot is located at the intersection of two streets, no obstruction of any kind whatsoever of a height greater than 24 inches from the grade level of the adjacent street shall be maintained or permitted within a sight triangle, the legs of which shall be 15 feet measured from the intersection of the right-of-way lines at the corner.
C.
The Borough shall have the right to declare any obstruction to vision within the line of the sight triangle to be a safety hazard and shall direct the owner of the property to have it removed. If the owner fails to do so within 30 days after written notice, the Borough shall remove the obstruction and bill the owner and lien the property for the expense involved.
§ 185-1804 Accessory structures.
A.
No accessory structures may be placed in the front of the principal building.
B.
On corner lots, accessory structures shall be placed no closer to the side street than the principal building.
C.
Except for fences, there shall be a distance of not less than three feet between an accessory structure and a side or rear lot line.
D.
An accessory structure shall not exceed 15 feet in height.
F.
No storage building shall exceed 200 square feet with a maximum height of 15 feet.
G.
Accessory structures shall not be used for permanent or temporary human habitation.
§ 185-1805 Decks.
Decks shall be permitted in all zoning districts, provided that the Building Inspector issues a building permit.
A.
The deck shall be placed not less than one foot from the party wall of a twin or row dwelling or building for access and maintenance purposes.
B.
Prior to constructing a deck or porch, a sketch plan shall be provided and a permit obtained from the Building Inspector.
C.
In an area where motor vehicles may park or drive, decks or porches shall have support posts constructed of concrete-filled steel columns which shall be at least four inches wide and are fastened into footings not less than six inches wide.
D.
After a building permit is issued for a deck or porch, no change in plans regarding setbacks, dimensions or heights is permissible without first receiving written permission from the Building Inspector.
E.
All materials used in the construction of a deck or porch shall comply with the requirements of the most recently adopted version of the Pennsylvania Uniform Construction Code.
§ 185-1806 Fences and walls.
A.
No fence or wall may be erected over four feet in height under all of the following conditions:
(1)
In the front of any dwelling. The front is described as the corner of the surface of the building (not including porches or additions) that faces the street that the property is addressed to, to the property line that borders that street. In cases where the front corner of the dwelling as described above is less than 20 feet from the property line, there must be a twenty-foot offset from that property line in a residential district.
(2)
On any other part of a property (side or rear) that is not at least 20 feet offset in distance from that dwelling's property line that borders any public street or public property in a residential district.
(3)
On any other part of a property (side or rear) bordering any alley that is not offset by at least five feet from the property line that borders that alley, in a residential district.
B.
No fence or wall may be erected over six feet in height on any residential property.
C.
No fence or wall may be erected over eight feet in height in a business/industrial district or land occupied by an institution.
D.
Any request in exception of the above limitations must receive special permission of the Borough Council.
E.
Fences and walls must be installed so that any exposed support structure, post, pole or frame faces inward and away from the sight of any adjoining lot or property and must be properly maintained and waterproof.
F.
Shared fences along properties shall be placed on the property lines separating the two properties. Where there is no shared fence, fences shall be placed one foot from the property line.
G.
No barbed-wire, razor-wire or similar fence shall be permitted in the Borough, unless the applicant demonstrates a clear and compelling need for security prior to obtaining a building permit.
H.
Owners of structures with barbed- or razor-wire or similar fencing must remove said fencing within one year of the effective date of this chapter, unless the owner can demonstrate a clear and compelling security need to the Building Code Official for erecting and maintaining such fence.
I.
Fences shall always be installed so the finished side faces toward the outside of a property.
J.
Hedges and other plantings, whether or not they constitute a fence, shall be trimmed so as not to grow out over sidewalks, streets, or adjoining properties.
K.
Before erecting a fence, a sketch plan of the proposed fence must be submitted and a permit from the Building Inspector obtained. Prior to the erection of a wall, an engineered plan of the proposed wall shall be submitted and a permit obtained from the Building Code Official.
§ 185-1807 Private, noncommercial swimming pools.
A.
Swimming pools, as defined in Article II, in residential districts shall be considered accessory structures.
B.
A private swimming pool shall not be permitted in the front yard, and no pool on a corner lot shall be placed closer to the side street than the principal building.
C.
Swimming pools, where permitted, must be located at least six feet from a principal building and not less than four feet from any property line. In-ground swimming pools or any pool above two feet in height shall be at least 10 feet from a principal building.
D.
The swimming pool or the yard on which it is located shall be surrounded by a fence that shall be not less than four feet high. If there is a gate in the fence, it shall be of the self-closing variety and shall be kept locked at all times when the pool is unattended.
E.
No swimming pool shall be located under electrical lines or over existing utility lines.
F.
Swimming pools shall comply with all other applicable regulations of all Borough codes.
G.
A permit must be obtained from the Building Inspector prior to the construction, assembly, or installation of a pool.
§ 185-1808 Lighting.
A.
Apartments and multifamily dwellings and nonresidential buildings shall be properly lit to National Electrical Code standards to assure safe driving conditions at night as well as security and safety of residents and patrons. All lighting shall be designed to protect neighboring properties from glare.
B.
All driveways and off-street parking areas for commercial and institutional uses must be adequately lit to assure safe driving and maneuvering conditions at night as well as security and safety for residents and patrons.
C.
The maximum height of light poles shall be 25 feet in the IND Industrial District, MCD Medical Campus District and WFMU Waterfront Mixed Use District and 20 feet in all other districts.
§ 185-1809 Satellite antennas.
The following provisions shall regulate satellite antennas. In this section, the word "antenna" or "antennas" refers to satellite antennas.
A.
Satellite antennas shall be permitted in all zoning districts.
B.
The maximum diameter of satellite antennas shall not exceed 24 inches.
C.
All satellite antennas shall be adequately grounded to prevent against a direct strike of lightning.
D.
The installation of antennas shall be in accordance with all applicable local, state or federal codes and regulations.
E.
Satellite antennas shall be located so as to minimize the visual impact on adjacent properties.
F.
In the GC General Commercial District, satellite antennas shall not be located on the front wall of any structure and preferably on the roof.
§ 185-1810 Refuse.
A.
Unless specifically stated otherwise for a particular district, all refuse shall be placed in closed, verminproof containers.
B.
In the case of multifamily dwellings and nonresidential buildings, all refuse receptacles shall be effectively screened from the view of residents and from public streets and sidewalks by means of fence, wall and plantings. All such receptacles shall be placed on the property responsible for the refuse.
C.
Temporary dumpsters shall be permitted in all districts for a period not to exceed 90 days, provided that a permit is obtained from the Borough as per the requirements of § 185-2303C, relating to permits for the placement of temporary structures or uses. A maximum of two temporary permits may be obtained per calendar year.
§ 185-1811 Religious use.
A.
Churches, synagogues, mosques and other religious uses, including rectories, classrooms for instruction, or similar customary religious activities, shall be permitted by right in the INS Institutional District and as a special exception in the R-1 and R-2 Districts, subject to the following regulations:
Standard | Size | |
|---|---|---|
Lot area | 1/4 acre, minimum | |
Front yard | 15 feet | |
Side yards | 15 feet | |
Rear yard | 15 feet | |
Building coverage | 55%, maximum | |
Impervious surface | 75%, maximum | |
Height | 35 feet, maximum |
§ 185-1812 No-impact home-based businesses.
A.
No-impact home-based businesses shall be permitted as an accessory use in the R-1, R-2, and R-3 Residential Districts.
B.
The business activity shall be compatible with the residential use of the property.
C.
The business shall have no employees other than family members residing in the dwelling.
D.
There shall be no display or sale of retail goods and no stockpiling of inventory.
E.
The business may not use any process or equipment that creates noise, vibration, glare, fumes, odors or electrical or electronic interference with radio and television signals.
F.
The business may not discharge any solid waste or sewage discharge that is not normally associated with residential use.
G.
The business may not occupy more than 25% of the gross floor area of the residence.
H.
There shall be no outside appearance to the business.
§ 185-1813 Family day-care homes.
Family day-care homes, as defined in Article II, shall be permitted by right in the R-1 and R-2 Residential Districts and by special exception in the INS Institutional District, subject to the following requirements:
A.
Family day-care homes must comply with all current and applicable regulations of the State Department of Public Welfare (DPW), any other applicable state and local building and firesafety codes and the applicable provisions of this chapter.
B.
The facility must hold an approved and currently valid registration certificate from the DPW.
C.
The operator of the facility will allow the Building Code Official or other appropriate official to enter the property at reasonable times for inspection for compliance with the provisions of this section of the Zoning Code and other applicable municipal and state ordinances and regulations.
D.
The area for pickup and discharge of children must be free from traffic hazards. Where such an area cannot be provided on site, the applicant must demonstrate that a safe pickup and discharge area can be provided and used within 250 feet of the property line of the proposed facility.
E.
Any outdoor play area for children must be enclosed with a fence which shall be at least four feet high and which shall extend to the ground so as to prevent children from crawling underneath said fence.
F.
Any addition or improvement to the facility shall preserve the building's appearance and exterior design, including landscaping and screening, so that it shall be compatible and consistent with the surrounding residential character. The facility also shall have no sign that is inconsistent with the residential character of the neighborhood. Sign regulations applying to family day-care homes shall be those for a home occupation, as indicated in § 185-1706A(4).
G.
Outdoor play activities shall be limited to the hours between 8:00 a.m. and sunset, as defined by the National Weather Service.
H.
No portion of the facility shall be located within 300 feet from any potentially hazardous land use or activity which could pose a threat to the safety and welfare of the children, staff and other occupants at the facility. Hazardous land uses or activities include, but shall not be limited to, gasoline service stations, heavy industrial operations, storage of flammable or high-pressure underground pipelines or tanks, truck or rail loading areas, etc.
§ 185-1814 Community residence facilities (group and family-based).
Family-based community residence facilities shall be permitted by right in the R-1 and R-2 Residential Districts. Group-based community residence facilities shall be permitted by right in the INS Institutional District only.
A.
Each facility must receive all pertinent approvals and/or licenses from the appropriate state agencies prior to final approval of the application.
B.
No facility shall be located within 400 feet of an existing facility, as measured from the property lines.
C.
There must be an on-site supervisor on a continuous twenty-four-hour basis by individuals possessing the proper qualifications for their position.
D.
Any alterations or additions to the exterior of a family-based facility shall be compatible with the existing structure and in keeping with the neighborhood character, excluding required safety modifications.
F.
All other applicable requirements of the Zoning Code, Building Code, Fire Code and all other applicable Borough codes and state regulations and statutes shall be met.
G.
All community residence facilities shall be available for reasonable periodic inspections by the appropriate Borough representative and other parties holding jurisdiction.
H.
The operator of the facility must register annually with the Borough Manager and provide the following information:
§ 185-1815 Recycling facilities.
Three types of recycling facilities are permitted in the Borough: small collection facilities, standard collection facilities and processing facilities. Small collection facilities shall be permitted as an accessory use on public land only in R-1, R-2, and R-3 Residential Districts and as an accessory use in all INS Institutional and IND Industrial Districts. Standard collection facilities shall be permitted by right in the IND Industrial District. Recycling processing facilities shall be permitted by right in the IND Industrial District.
A.
No collection or processing facility shall be located less than 30 feet from a public street to ensure safety.
(1)
Small collection facilities may be placed on surplus parking spaces.
(2)
Parking for recycling facilities shall be provided in accordance with the applicable provisions of Article XVI.
(3)
Standard collection and processing facilities shall be placed not less than 150 feet from a residential property.
(4)
Trash and debris on site shall be cleaned up on a daily basis.
(5)
The name and phone number of the business or person responsible for the operation and maintenance of the collection facility will be displayed on the containers.
(6)
Overnight collection areas shall be adequately lighted, well kept and secure from unauthorized entry.
(7)
Collection facilities and processing facilities shall provide sufficient room to accommodate customers and business traffic.
(8)
Collection facilities and processing facilities will operate in an enclosed building or be screened as required in § 185-1205A, whichever applies.
(9)
Certification and permits shall be obtained as required from the appropriate local, state or federal agencies.
§ 185-1816 Screening.
A.
A planted visual screen, as defined in Article II, shall be provided and maintained under the following circumstances. In case of conflict between a regulation in this article and that in any individual district, the regulation in the individual district shall prevail.
(1)
When a commercial, industrial, or municipal use is developed or improved adjacent to an existing residential use or district.
(2)
When a commercial, industrial, or municipal use is improved/expanded in the direction of an existing residential use or district.
(3)
When a multifamily or townhouse development is proposed to abut an existing single-family dwelling.
(4)
Any other instance where screening is required by this chapter, by the Borough or by the Zoning Hearing Board.
B.
Screening shall comply with the following requirements:
(1)
The planted visual screen shall consist of species indigenous to the area so as to provide a year-round visual barrier.
(2)
Such screens shall incorporate earthen mounds or berms, where possible, to improve sound as well as visual buffering.
(3)
Trees shall have at least a two-and-one-half-inch caliper when planted, and no trees shall be placed closer than five feet to the property line.
(4)
Placement of screening material shall not obscure sight lines at intersections.
(5)
All mechanical equipment not enclosed in a structure shall be fully and completely screened and landscaped in a manner compatible with the style of the buildings on the site.
C.
Upon a recommendation of the Planning Commission, an opaque privacy fence or wall may be substituted for the planted screen required above. Such alternate screening must be constructed and placed so as to clearly provide an effective visual barrier.
§ 185-1817 Landscaping.
A.
General regulations.
(1)
Any part or portion of a site which is not used for buildings or other structures, loading and parking spaces, aisles, sidewalks and designated storage areas shall be planted and maintained with grass and landscaping. Maximum advantage shall be taken of existing trees and shrubs in landscaping.
(2)
All landscaped planting areas shall be planted with grass seed, sod or other ground cover and shall be maintained and kept clean of all debris, rubbish, weeds and tall grass; provided, however, that if such land is naturally wooded, it may continue in its natural state.
(3)
Unless otherwise specified, landscaped planting areas may be part of the required front, side and rear yards.
(4)
Except for single-family and two-family dwellings, any part or portion of a site which is not used for loading and parking spaces, aisles, sidewalks and designated storage areas shall be landscaped according to an overall plan prepared and approved as part of the development plan or shall be left in its natural state. A replacement program for nonsurviving plant material should be included.
B.
Landscaping plans.
(1)
Landscaping shall be installed and maintained in accordance with a landscape plan prepared by a registered landscape architect and approved by the Borough Council. The landscape plan shall depict all proposed plantings which relate to, complement, screen or accentuate buildings, roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards and other site features.
(2)
The landscaping plan shall be coordinated with the development plan and shall show the location, type, size, height and other characteristics of the proposed landscaping.
(3)
The plan shall be accompanied by or shall include information regarding the continued maintenance of plantings indicating that all plantings will be replaced, if damaged, diseased or dead, in locations shown on the approved plan.
C.
Specific requirements.
(1)
Landscaping shall be provided as required in this section in the case of new construction or expansion of a building or structure.
(2)
No fewer than three evergreen and/or deciduous shrubs shall be planted for every 24 feet of building and/or lot frontage, as required below:
Zoning District or Use | Minimum Landscape Requirements | |
|---|---|---|
Planned residential development | 6-foot-wide landscaped planted areas along frontage on principal roads | |
Institutional District | 6-foot-wide landscaped planted areas along principal roads adjacent to at least 2 sides of a principal building | |
Commercial District | 3-foot-wide landscaped planted areas along the principal road frontage | |
Mixed Use District | 1 tree or 2 shrubs (which may be placed in a planter) for every 15 feet of building width at the front of the building | |
Industrial District | 3-foot-wide landscaped planted area in front of the principal building | |
Parking areas | See Article XVI |
§ 185-1818 Funeral home or mortuary.
A funeral home or mortuary shall be permitted only by right in the GC General Commercial District, subject to the following regulations:
A.
The site shall be located so as to have one property line abutting a major or secondary thoroughfare.
B.
Adequate points of access shall be provided to and from any major or secondary thoroughfare.
C.
No building shall be located within 30 feet of a residential district.
§ 185-1819 Child-care facilities.
A.
The following general provisions apply to each of the three defined types of child day-care facilities. In addition, each type of child day-care facility shall comply with the specific individual regulations for each type of facility.
(1)
Applicability.
(a)
The provisions of this section pertain to day-care service for children by caregivers in:
(b)
Subject to Article II, Sections 8A, 8B, and 8C, of the Department of Public Welfare (DPW) Social Services Manual Regulations, day-care service for children shall include out-of-home child day-care service for part of a twenty-four-hour day for children under 16 years of age by caregivers, excluding care provided by relatives. Day-care service for children shall not include babysitting or day-care furnished in places of worship during religious services.
(2)
Family day-care homes, as defined in Article II, must hold an approved and currently valid DPW registration certificate. Group day-care homes and day-care centers, as defined in Article II, must hold an approved and currently valid DPW license. In addition, all child day-care facilities shall comply with all current DPW regulations, including those standards governing adequate indoor space, accessible outdoor play space, and any applicable state or local building and firesafety codes.
(3)
Each operator of a newly established child day-care facility shall notify the Borough in writing at least 15 days prior to the initiation of such use, for the purpose of allowing the Borough to establish a record of new land use. Already existing licensed or registered facilities shall be required to notify the Borough of their operation in writing at least 60 days after enactment of this section. In addition, the operator of any facility must certify compliance with all aspects of this section and all other applicable municipal requirements.
(a)
Family day-care homes must provide proof of an approved DPW registration certificate at the time of initial notification to the Borough and must show proof of the registration renewal every two years. At such time that a family day-care home wishes to expand its operation to the level of a group day-care home, the operator of the facility shall notify the Borough in writing at least 15 days prior to the expansion of the use and provide proof that all requirements for licensure by the DPW have been met. The operator must also satisfactorily demonstrate that the facility meets the standards for group day-care homes established in Subsection C below.
(b)
Group day-care homes and day-care centers must provide proof of an approved and currently valid DPW license at the time of initial notification to the Borough and must provide proof of annual license renewal.
(4)
The operator of a family day-care home, group day-care home, or day-care center will allow appropriate representatives of the Borough to enter the property at reasonable times to inspect such use for compliance with the requirements of this section and all other applicable municipal and state ordinances.
(5)
No portion of a child-care facility shall be located within 300 feet of any potentially hazardous land use or activity which could pose a threat to the safety and welfare of the children, staff, and other occupants at the facility. Hazardous land uses or activities include, but shall not be limited to, gasoline service stations, heavy industrial operations, storage of flammable or high-pressure underground pipelines, truck or rail loading areas, etc.
(6)
Outside play shall be limited to the hours between 8:00 a.m. and 8:00 p.m.
(7)
An outdoor play area, as required by DPW regulations, shall be provided for any proposed child day-care facility.
(a)
An on-site, outdoor, structured play area or areas of high outdoor activity shall be located in yard areas which provide adequate separation, safety, and protection from adjoining uses, properties, and roadways. Whenever possible, the on-site outdoor play area shall not be located in the front yard. The outdoor play area should be located immediately adjacent to the child-care facility.
(b)
In accordance with DPW standards, a child day-care facility may utilize off-site play areas in lieu of or as a supplement to an on-site play area. These standards permit the use of off-site play areas which are located within a one-half-mile distance of the facility, measured from the property line of the facility. When the use of an off-site play area is proposed, the applicant shall inform the municipality about the means of transportation that will be used to access the off-site play area. For reasons of safety, when children will be walked to an off-site play area, the route to the off-site play area shall not involve the crossing of avenues or state roads. Pedestrian access on sidewalks or improved walkways shall be required.
(8)
Any addition or improvement to an existing residential structure or property for purposes of child day care shall preserve its residential character. The scale, bulk, height, and roof pitch of any addition and the building materials used shall be compatible with the existing structure. Any improvements to the structure shall be in compliance with all other applicable municipal regulations relating to building and/or zoning permits.
(9)
Any proposed child day-care facility which will generate 100 or more new trips during the morning or evening peak hour shall be required to conduct a traffic impact study.
(a)
The purpose of the traffic impact study is to provide the local Planning Commission and governing body with adequate information and data to properly assess the impact of the proposed facility on the surrounding road and street network, as well as on streets and roads providing immediate access to the proposed development.
(b)
The need for capital improvements to the existing transportation network which will be needed to accommodate the additional traffic generated by the proposed facility.
(c)
Traffic and/or pedestrian safety issues which may arise from the proposed facility.
(10)
Day-care facilities shall not be permitted in multifamily dwellings and apartments.
B.
Family day-care homes. Any proposed family day-care home shall comply with the following standards in addition to the general provisions for all types of child day-care facilities in Subsection A above:
(1)
One on-site dropoff space for clients shall be provided. An existing driveway or common parking lot space may be used as the dropoff area if it can be demonstrated that there is sufficient space available in the driveway that is not otherwise occupied or committed to safely accommodate a parked vehicle. If a driveway is used for the dropoff area and the proposed use fronts on an arterial or major collector street, an on-site turnaround area shall be provided so that vehicles can exit the site driving forward. In cases where the existing driveway cannot function as a dropoff area, an on-site dropoff space shall be provided. The dropoff area shall conform to the municipal dimensional standards for residential parking spaces.
(a)
In cases where the dropoff area cannot be accommodated on the site, the applicant shall demonstrate that there is on-street parking or some other available parking area located within 250 feet of the property line of the proposed facility.
(b)
The required dropoff area may be waived by the municipality if the applicant can demonstrate that the clients of the family day-care home will walk to the facility, thereby eliminating the need for the additional parking space.
(2)
If there are unsafe areas, such as open drainage ditches, wells, holes, heavy street traffic, etc., in or near an outdoor play area, there shall be fencing to restrict children from these areas. Natural or physical barriers, such as hedgerows, walls, or dense vegetation, may be used in place of fencing so long as such barriers functionally restrict children from unsafe areas.
(3)
The applicant shall demonstrate that the children in the family day-care home can safely, quickly, and easily vacate the premises in case of emergency.
(4)
The hours of operation shall be limited to between 6:30 a.m. and 8:00 p.m.
(5)
The applicant shall provide the name and address of adjacent apartment dwellers to allow the municipality to notify such individuals of the proposed use. Adjacent apartments shall be considered all apartments located within 10 feet from any wall, floor, or ceiling of the proposed use.
C.
Group day-care homes. Any proposed group day-care home shall comply with the following standards in addition to the general provisions for all types of child day-care facilities in Subsection A above:
(1)
Minimum distance between facilities.
(a)
In order to avoid a concentration of individual group day-care homes in residential neighborhoods, group day-care homes shall be located a minimum of 300 feet from each other, as measured from the respective property lines. This dispersion requirement shall not apply in cases where a proposed group day-care home is located within 300 feet of a school facility or church which provides child-care services.
(b)
The above requirement may be waived if the applicant provides a petition signed by 2/3 of the residents within 300 feet of the proposed facility stating that the residents do not object to the proposed use.
(2)
Dropoff area.
(a)
A dropoff area shall be provided with sufficient area to allow the temporary parking of two vehicles. An existing driveway or common parking lot spaces may be used as the dropoff area if it can be demonstrated that there is sufficient space available in the driveway that is not otherwise occupied or committed to safely accommodate two parked vehicles. If a driveway is used for the dropoff area and the proposed use fronts on an avenue or state road, an on-site turnaround area shall be provided so that vehicles can exit the site driving forward. In cases where the existing driveway cannot function as a dropoff area, two new on-site dropoff spaces shall be provided. The dropoff area shall conform to the municipal dimensional standards for residential parking spaces.
(b)
In cases where the on-site dropoff area cannot be accommodated, the applicant shall demonstrate that there is on-street parking or some other available parking area located within 250 feet of the property line of the proposed facility.
(3)
In order to physically contain the activity of children in the outdoor play area, a minimum four-foot-high fence shall be erected along the perimeter of the outdoor play area. When applicable, the fence shall be located along property lines.
D.
Day-care centers. Any proposed day-care center shall comply with the following standards in addition to the general provisions for all types of child day-care facilities in Subsection A above:
(1)
A minimum of one safe dropoff space shall be provided for each 20 children that the facility is licensed to accommodate.
(a)
Whenever possible, the dropoff area shall be located immediately adjacent to the facility. The dropoff area should be designed in such a way that pedestrians do not cross vehicular traffic lanes in any parking area or driveway. The dropoff area may be designed either as a part of the on-site parking area or the required dropoff spaces may be designed as part of a driveway providing direct access to the facility.
(b)
When the dropoff area is incorporated into the on-site parking area, the parking spaces nearest to the facility shall be designated as dropoff spaces. When the dropoff area is incorporated into a driveway, the dropoff spaces shall be located within a vehicle turnaround area 12 feet in width exclusive of the driveway through traffic lane(s).
(2)
In order to physically contain the activity of children in the outside play area, a minimum four-foot-high fence shall be erected along the perimeter of the outside play area. When applicable, the fence may be located along property lines.
(3)
Play equipment in designated on-site play areas shall be located at least 10 feet from an abutting property line.
(4)
The proposed day-care center shall not be detrimental to the use, development, peaceful enjoyment, and economic value of the surrounding properties or the neighborhood.
(5)
The proposed day-care center shall be compatible with the existing character of the neighborhood.
§ 185-1820 Stormwater management.
The Borough's adopted Stormwater Management Ordinance, the latest adopted version of the Pennsylvania Uniform Construction Code (UCC) and all applicable state and federal regulations shall regulate all conditions and activities related to stormwater management in the Borough.
§ 185-1821 Fire protection.
Activities and conditions related to fire protection shall be regulated by the latest adopted version of the Pennsylvania Uniform Construction Code and all other applicable local, state and federal regulations.
§ 185-1822 Property maintenance.
The latest adopted version of the Pennsylvania Uniform Construction Code shall regulate conditions and activities related to property maintenance.
§ 185-1823 Licensing, inspection and eligibility requirements for rental units.
All rental units must comply with all applicable Borough codes.
§ 185-1824 Compatibility standards for unlisted uses.
In cases where the Zoning Hearing Board is to decide whether a proposed use that is not listed as a permitted use in this chapter is of the same general character as the listed uses, the Board shall make its determination by applying the standards listed below:
A.
Extent of processing, assembly, warehousing, shipping and distribution done on the premises of any dangerous, hazardous, toxic or explosive materials.
B.
The nature and location of storage and outdoor display of merchandise and the predominant items stored.
C.
The type, size and nature of buildings and structures supporting the use.
D.
The number of employees and customers in relation to business hours and employment shifts.
E.
The business hours the use is in operation or open for business, ranging from seven days a week, 24 hours a day, to several times a year, such as sport stadiums or fairgrounds.
F.
The transportation requirements for people and freight, by volume, type and characteristics of traffic generation to and from the site, trip purposes and whether trip purposes can be shared with other uses on the site.
G.
Parking characteristics, turnover and generation, ratio of the number of spaces required per unit area or activity and potential for shared parking with other uses.
H.
The tendency for attracting or repelling criminal activities to and from or on the premises.
I.
The amount and nature of nuisances generated on the premises, such as noise, smoke, odor, glare, vibration, radiation and fumes.
J.
Any special public utility requirements for the use, such as water supply, wastewater output, pretreatment of wastes and emissions recommended or required and any significant power structures and communications towers or facilities.
§ 185-1825 Design standards for new construction and redevelopment.
This section shall apply to structures constructed after this chapter is adopted and to new additions of 400 square feet or more.
A.
Unless stated otherwise, the following provisions shall apply to design considerations in the GC General Commercial District, INS Institutional District, and WFMU Waterfront Mixed Use District:
(1)
Buildings shall contain materials, windows, doors and architectural details that are generally compatible with those features in nearby and adjacent buildings.
(2)
Unscreened, flat, blank walls shall be avoided in order to provide a pleasant pedestrian experience whereby activities within a structure can be seen and connected to the adjacent sidewalk and/or a transit stop
(3)
At the front at street level of commercial, institutional, and mixed-use buildings, not less than 50% of the length and 25% of the wall surface must be in public entranceways, windows, or retail/service display windows.
(4)
The street facade of principal structures shall have at least one street-oriented entrance and contain the principal windows of the structure.
(5)
Utilities shall be placed underground in new developments.
(6)
Automobile entrances to the site shall be placed in such a way as to maximize safety and efficient traffic circulation and minimize impact on surrounding areas.
(7)
Along new public streets, new developments and redevelopment, including commercial, institutional, and mixed-use buildings, sidewalks or walkways not less than five feet wide shall be required in front of and/or adjacent to said street development or principal building.
(8)
Walkways that cross parking, loading or driveway areas must be clearly identifiable through the use of elevation changes, different paving materials, or other similar methods.
(9)
Pedestrian amenities, such as benches, public art, picnic areas, seating areas, fountains, planters, etc., shall be located in landscaped areas, open spaces, plazas, or along public streets.
(10)
Lighting shall be provided for in parking areas and pedestrian paths to ensure safety and convenience.
(11)
Where feasible, plazas shall be provided in developments greater than two acres in areas. Not less than one seating space for each 250 square feet of plaza area shall be provided.
(12)
Parking garages shall be served by pedestrian walkways and connected to the sidewalk/pedestrian system. These walkways shall be clearly marked and continuous in design.
B.
The following provisions shall apply to design considerations in the R-1, R-2, R-3 and PRD Districts:
(1)
New residential dwellings shall be generally consistent with the design of existing neighborhood dwellings.
(2)
Sidewalks shall be constructed along the frontage of all new residential buildings and new additions of 400 square feet or more.
(3)
Utilities shall be placed underground in new developments.
(4)
Stairs and ramps consistent with ADA standards shall be provided where necessary to provide a safe route between a dwelling and the street and sidewalk.
(5)
The street facade of principal structures should have at least one street-oriented entrance and contain the principal windows of the structure.