A written application for conditional use approval is submitted to the Borough Zoning Officer not less than 20 working days prior to the regular meeting of the Planning Commission. The application shall indicate the section or sections of this chapter of the Code of Vandergrift Borough under which the conditional use approval is sought and shall state the grounds upon which it is requested. The application shall include the following:

A written recommendation is received from the Planning Commission or a minimum of 30 days has passed from the date of the Planning Commission meeting at which the application is first considered for approval.

At least one public hearing is held by the Borough Council pursuant to appropriate public notice.

In considering an application for conditional use approval, the Borough Council may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this chapter. A violation of such conditions and safeguards, when made part of the terms and conditions under which the conditional use approval is granted, shall be deemed a violation of this chapter.

A drug and alcohol treatment facility; a methadone treatment facility; an apartment or cluster home development.

For any and all applications which propose a ten-percent or greater increase in the square footage of an existing gross floor area in any C-1 or C-3 or I District structure.

Where a traffic study is required, it shall be prepared by a qualified traffic engineer detailing the nature and extent of trip generation expected to result from the proposed development or expansion, based upon the rates and methodology contained in the current edition of the Manual of the Institute of Transportation Engineers. The report shall include current and projected capacities and levels of all streets and intersections within 1,000 feet of the site proposed for development and recommendations for improvements to streets and/or traffic control devices within the site or immediately adjacent to the site.

A methadone treatment facility (as defined in § 500-6) may be operated in the I District, subject to a conditional use approval; however, within said I District a methadone treatment facility shall not be established or operated within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meeting house or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.

The provisions of this subsection shall apply whether or not an occupancy permit or certificate of use has been issued to the owner or operator of a methadone treatment facility for a location that is within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meeting house or other actual place of regularly stated religious worship established by the proposed methadone treatment facility.

Notwithstanding the requirements of this subsection, a methadone treatment facility may be established and operated closer than 500 feet to an existing school, public playground, public park, residential housing area, child-care facility, church, meeting house or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility if, by majority vote, the governing body for Vandergrift Borough in which the proposed methadone treatment facility is to be located votes in favor of the issuance of an occupancy permit or certificate of use for said facility at such location. At least 14 days prior to the governing body of a municipality voting on whether to approve the issuance of an occupancy permit or certificate of use for a methadone treatment facility at a location that is closer than 500 feet to an existing school, public playground, public park, residential housing area, child-care facility, church, meeting house or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility, one or more public hearings regarding the proposed methadone treatment facility location shall be held within the municipality following public notice in a newspaper of general circulation on at least one occasion not less than two days prior to the scheduled public hearing and not more than 14 days prior to the public hearing. All owners of real property located within 500 feet of the proposed location shall be provided written notice of said public hearing at least 10 days prior to said public hearing occurring.

A traffic study, as that term is defined in § 500-6 of this chapter shall be required for review of the application of the applicant requesting the placement of a methadone treatment facility in Vandergrift Borough.

Hours of operation. The hours of operation for a methadone treatment facility shall be limited to 10:00 a.m. to 6:00 p.m., Monday through Friday, prevailing time.

Revocation of occupancy permits. The Zoning Officer shall revoke an occupancy permit if he or she determines that a permittee or an employee of the permittee has:

A drug and alcohol treatment facility (as defined in § 500-6) may be operated in the I District, subject to a conditional use approval; however, within said I District a drug and alcohol treatment facility shall not be established or operated within 1,000 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meeting house or other actual place of regularly stated religious worship established prior to the proposed drug and alcohol treatment facility.

The provisions of this subsection shall apply whether or not an occupancy permit or certificate of use has been issued to the owner or operator of a drug and alcohol treatment facility for a location that is within 1,000 of an existing school, public playground, public park, residential housing area, child-care facility, church, meeting house or other actual place of regularly stated religious worship established by the proposed drug and alcohol treatment facility.

Notwithstanding the requirements of this subsection, a drug and alcohol treatment facility may be established and operated closer than 1,000 feet to an existing school, public playground, public park, residential housing area, child-care facility, church, meeting house or other actual place of regularly stated religious worship established prior to the proposed drug and alcohol treatment facility if, by majority vote, the governing body for Vandergrift Borough in which the proposed drug and alcohol treatment facility is to be located votes in favor of the issuance of an occupancy permit or certificate of use for said facility at such location. At least 14 days prior to the governing body of a municipality voting on whether to approve the issuance of an occupancy permit or certificate of use for a drug and alcohol treatment facility at a location that is closer than 1,000 feet to an existing school, public playground, public park, residential housing area, child-care facility, church, meeting house or other actual place of regularly stated religious worship established prior to the proposed drug and alcohol treatment facility, one or more public hearings regarding the proposed drug and alcohol treatment facility location shall be held within the municipality following public notice in a newspaper of general circulation on at least one occasion not less than two days prior to the scheduled public hearing and not more than 14 days prior to the public hearing. All owners of real property located within 1,000 feet of the proposed location shall be provided written notice of said public hearing at least 10 days prior to said public hearing occurring.

A traffic study, as that term is defined in § 500-6 of this chapter, shall be required for review of the application of the applicant requesting the placement of a drug and alcohol treatment facility in Vandergrift Borough.

Hours of operation. The hours of operation for a drug and alcohol treatment facility shall be limited to 10:00 a.m. to 6:00 p.m., Monday through Friday, prevailing time.

Revocation of occupancy permits. The Zoning Officer shall revoke an occupancy permit if he or she determines that a permittee or an employee of the permittee has:

The provisions of this section do not apply to faith-based, nonprofit or similar counseling-only type services that do not involve the prescription of, distribution of, or application of any drug or drugs, medication of any type, or any material or materials other than materials related to counseling in the form of reading materials to any person or persons seeking to utilize the counseling service.

A lot legally recorded prior to the adoption of this chapter and containing less area and/or having less frontage on a public street than required as a minimum for the zone district in which the lot is located may be developed for any use permitted in the zone district without application for a variance, provided:

In the event a lot with inadequate area or frontage abuts other lots in the same ownership, the lots shall be combined to create properties that are more conforming in area or frontage than the original lots to equal or exceed the minimum requirements for area and/or frontage in the zone district.

Not more than one single-family or two-family dwelling may be constructed on an undivided lot, except for the following, and no apartment dwelling may be constructed in an accessory building.

One or more dwelling buildings may occupy the same property in a cluster residential development plan or a plan of attached single-family dwellings or garden apartments (see § 500-23).

Lots recorded before the adoption of this chapter and containing two or more single-family detached or two-family detached dwellings may be subdivided to place each building on its own lot, even though nonconforming lots are created, provided each lot will abut a street whose right-of-way width is at least 25 feet.

When a vacant lot occurs between two lots containing structures within 25 feet of the vacant lot and forward of the front setback line, construction on the vacant lot may be set back from the street the average of the setbacks of the structures on either side of the vacant lot.

When a vacant lot occurs adjacent to a lot containing a structure within 25 feet of the vacant lot and forward of the front setback line, construction on the vacant lot may be set back from the street the average of the structure on the adjacent lot and 25 feet.

Chimneys, canopies, one-story bay windows, open porches and balconies, provided they are no more than eight feet in width, and fire escapes, cornices, eaves and gutters may extend not more than two feet into a required yard area.

In a front or rear yard or a side yard abutting a public street, an open porch or patio may be erected that extends not more than 10 feet into the required yard area but is no closer than five feet from any lot boundary line. Such porch or patio shall never be permanently covered or enclosed and shall not be above the level of the first floor of the building to which it is attached.

Driveways, parking areas, walkways, steps, fences, walls and landscaping may occupy required yard areas. However, unless a written agreement exists between adjacent property owners allowing driveways, parking areas, walks, steps or walls to be placed along the common lot line, such features shall be held back at least one foot from the lot line.

Fences, hedges or walls placed along a lot line or within two feet of such line shall be no higher above ground level than six feet, or no higher than the horizontal distance between the lot line and any principal residential building on the adjacent lot, whichever is less. Any fence, hedge or wall forward of the front setback line on a lot shall not exceed four feet in height and, if a fence or wall, shall be at least 50% open when viewed in elevation.

On lots used for commercial, industrial or public purposes a security fence not higher than 10 feet above grade may be erected along any property line, provided the portion in excess of six feet in height is of an open metal-mesh type. Whenever a commercial or industrial business stores materials out of doors on a lot that abuts or is directly across the street from a residentially used or zoned lot, such materials shall be enclosed along the street or lot line behind a solid-faced fence not less than four nor more than six feet in height.

Such devices shall be considered an accessory use.

No such dish shall be located between the principal building on a lot and an abutting street unless the owner can demonstrate to the Zoning Officer, based on a written statement from the supplier, that no other location on the lot will provide effective satellite reception.

Such dishes shall be screened from adjacent residential properties by an evergreen hedge or solid fence, provided clear sight lines to the satellite are not compromised.

Open-mesh-type dishes painted to blend with surrounding landscaping and/or buildings will be preferred, particularly where screening and rear yard location are not possible.

Dishes shall be installed by the manufacturer or his representative so as to be securely anchored in the ground and shall not be mounted on the roof of any residential building.

Each parking space in a parking lot shall contain at least 170 square feet of area and be at least 9 1/2 feet in width, exclusive of access lanes.

The minimum dimensions, including access lane, across a double-loaded parking aisle with parking spaces at right angles to the access lane shall be at least 58 feet and, for a single-loaded aisle, at least 40 feet.

Where parking spaces form a 45° angle with the access lane, the dimension across a double-loaded aisle shall be at least 52 feet and, across a single-loaded aisle, 30 feet.

A parking aisle includes the access lane and the parking space to which the lane provides access. A double-loaded aisle denotes parking spaces on both sides of the access lane.

Required parking may be placed on lots adjacent to or nearby the use to be served, provided the parking lot is in the same ownership as the lot containing the use and bound by deed restrictions for parking, or a long-term lease guarantees the parking will be available for the life of the use. Any nonresidential use may be served by parking that is not more than 500 feet from a boundary of the lot containing the use. Any residential use may be served by parking that is not more than 200 feet away from a boundary of the lot containing the use.

In the commercial district, a developer may subtract from the number of parking spaces he is required to provide 15% of the off-street public and commercial parking spaces within 500 feet of his property, plus any on-street spaces that are immediately adjacent to his property on the same side of the street.

Any commercial, public or semipublic use whose hours of operation are limited to Sundays, holidays and/or evenings may include off-street parking in public lots or private lots guaranteed by lease for the life of the use to be served towards the required number of off-street spaces, provided at least part of such lot or lots are within 500 feet of the main entrance of the use to be served.

When several uses share the same property, the parking required for each use shall be added together to determine the total number of spaces needed.

Parking lots or areas serving any commercial, industrial, public or semipublic use or any residential development where more than two dwelling units share the same parking area shall be surfaced with at least 1 1/2 inches of binding and wearing courses of an asphaltic mix meeting current State Department of Transportation specifications over at least four inches of well-compacted and choked base course of crushed limestone.

Parking lots or areas shall be sloped not less than 1/2% nor more than 6% toward an acceptable storm drainage system. When the edge of a parking lot slopes downhill and parking spaces are arranged at right angles to the slope, stop bars or a curb shall be provided along the edge.

Surfaced parking spaces shall be marked off in white or yellow paint with lines at least five inches wide.

Where a parking lot or area designed to accommodate five or more vehicles is located adjacent to a residentially zoned lot or a lot occupied by a residence, the parking area shall be screened along the common lot line by a dense evergreen hedge, maintained at a height of not less than four feet or more than six feet in height. In lieu of a hedge, earth mounding, natural changes of grade or an opaque-surfaced fence not less than four nor more than six feet in height may be approved by the Zoning Officer.

No parking lot shall be permitted in the front yard area of any lot in a residential zone district.

Parking lots and access drives serving them shall be separated by at least four feet from residential buildings, and such areas between any lot or drive and a building landscaped and maintained. The only exception shall be access drives to garages under residential buildings.

Parking lots shall be sloped to assure that drainage is towards storm inlets within or along the edge of the lot and not onto adjacent streets or over adjacent properties, unless a recorded easement is available for such drainage.

Lighting of parking lots or areas shall be directed away from any adjacent residential properties and from drivers on abutting streets. Lighting levels shall be the minimum to provide safety and security, and the light sources shall not be visible from adjacent properties or streets.

Residential uses:

Public and semipublic uses:

Commercial uses:

Industrial uses:

Except for time-and-temperature indicators, no animated signs, no signs illuminated by a flashing, pulsating or intermittent source, and no signs lighted in such manner as to create clear conditions on adjacent property or on an adjacent sidewalk or street shall be permitted.

No sign shall be placed upon the roof of a building or to project above the top or beyond the end of a building wall. Ground signs may not be placed closer than 15 feet to an adjacent street or highway right-of-way line in the Commercial District and the Industrial District. In all other cases, the sign shall meet the required setback.

Signs in excess of 30 square feet in area as well as their structural supports shall be made of noncombustible materials, meaning those materials which will not ignite or deform at temperatures below 1,250° F.

The computation of sign area shall be as follows:

Projecting signs shall be created from the lightest weight materials available to create the message desired on the signage. Every sign shall be designed and anchored to withstand a steady, horizontal wind pressure of at least 100 miles per hour, regardless of the direction of air movement, and the weight of the sign shall be subject to strict review by the Code Officer and subject to certification by a professional engineer to indicate that the load, the method of anchoring, the product used for anchorage, the product used to support the load and all issues associated with the weight of every sign, especially signs designated as projecting signs, internally illuminated signs or indirectly illuminated signs which are created to hang over a pedestrian sidewalk or traffic way, shall be of such standards and materials as to maintain all of the requirements of this chapter and to protect the public health, safety and welfare of pedestrians or vehicular traffic. It shall be the duty of the Code Officer to interpret any such design information submitted by a professional engineer, and if it lacks the substantial information necessary to permit the Code Officer to reasonably issue a permit based upon the information presented, the same shall be rejected, and the Code Officer shall have the duty and obligation to seek any and all necessary information, assurances and certificates of the professional engineer necessary to protect the public health, safety and welfare with regard to any signage issues identified in this provision.

No sign shall be located so as to block doors, fire escapes, operable windows or access to them, nor shall a sign be attached to a fire escape. No sign shall, by reason of location or message, create traffic confusion or any traffic hazard by obstructing any sight distances or by generally confusing motorists.

Where glass panels on any sign exceed three square feet in area, they shall be wired glass or shatterproof glass; otherwise glass areas shall be a minimum of one-quarter-inch-thick safety glass.

The sign shall be located only on the property containing the use identified by the sign, except in the case of billboards.

A permit issued by the Zoning Officer shall be required before any sign may be erected, except for those listed in § 500-20C(5) below.

Sign permit applications shall contain the following information provided by the applicant:

The cost of sign permits shall be established by resolution of Council. A permit shall be required for the replacement, enlargement or moving of a sign but not for the repair of an existing sign.

Garage, yard or porch sale signs shall be placed only on the property where the sale is occurring. Such signs shall not exceed five square feet in area, shall not be in place more than three days while the sale is in progress, and shall not be approved more than four times in any calendar year on the same property. Sales shall only be of household items and not of goods purchased for the purpose of resale on the premises.

The following types of signs shall not require permits for erection:

The following types of signs shall require permits but no fees:

Property identification sign, limited to name and address of occupants and/or name and nature of home occupation conducted in the dwelling, such sign not more than two square feet in area for each face.

Temporary sign indicating property for sale, rental or lease, identifying the broker's or owner's name, address and phone number and nature of proposed transaction, such sign not greater than 16 square feet in area for each face, and placed upon the property being offered.

Signs identifying a public or semipublic institution and activities carried on by the institution, such sign not greater than 16 square feet in area, each face.

Temporary sign identifying designers or contractors employed on the property, such sign not exceeding 16 square feet for each face, limited to one sign per designer or contractor and to be removed upon completion of the work.

Memorial tablet erected by a public or nonprofit organization; traffic or other governmental signs authorized and/or erected by a public body.

Signs may be applied flat to the principal structure on the property, attached to a private lamppost or fence or to a pole in the ground. Only one sign may be permitted on a property, except that if the property abuts two streets, one sign on each street may be approved.

No sign shall extend to more than 12 feet in height, measured from the topmost part of the sign to the ground level below.

No sign shall be lighted except signs identifying public or semipublic institutions, provided such lighting is from an indirect, hidden source.

Permitted types of signs:

Size of signs.

No earth movement shall be permitted except to implement a development for which a building permit has been issued or to construct public improvements.

Graded slopes shall not exceed one-foot vertical rise for each two feet of horizontal run except that, in excavations of land surfaces that have laid dormant for at least two years, a slope of one-foot vertical rise for each 1 1/2 feet of horizontal run shall be permitted. Steeper slopes may be allowed in areas where, in the written opinion of a registered professional engineer, soil and subsoil conditions are such as to allow a slope up to a maximum grade determined by the engineer without endangering adjacent properties or streets. His report shall bear his seal.

Slopes created by filling shall be keyed in to undisturbed ground and shall be compacted in twelve-inch layers. The tops and toes of slopes shall be provided with graded swales parallel with the face of the slope to divert stormwater.

No grading shall occur within one foot of any property boundary except as is needed for driveway or sidewalk entrances or to meet grades on adjacent properties.

Retaining walls, designed by a registered professional engineer who shall supervise construction, may be built up to a property line, provided a guard rail at least 30 inches high along the entire length of the wall is installed.

Graded areas not covered by buildings or paved surfaces shall be planted with erosion-resisting grasses or ground cover immediately after the completion of grading. Graded areas shall be protected from construction activity, covered with straw and contained along their lower elevations by hay bales until the planting has secured the slope.

A system of storm drain pipes, inlets and surface drainage swales shall be provided as part of any development to ensure the unimpeded but controlled flow of natural watercourses crossing or abutting the development site. All areas of any development shall be graded if necessary to assure positive drainage of stormwater.

Stormwater shall be controlled on the property upon which it originates. It shall be directed to the Borough's storm drainage system and shall not be permitted to flow over a neighboring property or street in a concentrated flow.

In the case of major developments involving large building and/or paved areas, the Borough Council may require the developer to have a site drainage plan prepared by a registered professional engineer to assure that the public drainage system will not be overloaded. Such plan may require that stormwater be retained on the property for gradual release to the storm sewer or to a surface drainage swale.

In no case shall sewage other than that from storm runoff be permitted to enter a storm drainage system.

The boundaries of the property described by bearings and distances;

The location of adjacent streets indicating street curbs and street width, as well as existing and/or proposed curb cuts entering the property;

The location of existing structures to remain and proposed buildings, showing distances to property lines; height and use of each building;

Arrangement of off-street parking on the property, indicating the number of spaces and location of each space and access lanes, as well as truck servicing areas, if provided;

Proposed areas of grading on the site, indicating steepness of slopes and means to collect and dispose of stormwater;

Proposed landscaping of the site, indicating also pedestrian walks, retaining walls, fences and other features;

Use of land on properties adjacent to and directly across the street from the property to be developed.

To minimize earth movement and disturbance of steep slope areas, natural drainage patterns, and ground and woods cover;

To minimize the length of access streets and public utilities;

To assure permanent open space within and surrounding the development;

To encourage innovative design and greater freedom in the arrangement and type of residential buildings than would be allowed by a conventional plan.

A cluster residential development is a special exception use in any of the residential zone districts. Single-family detached dwelling lots may be proposed in the R-1 and R-2 Zone Districts, and single-family attached dwellings (townhouses) or garden apartments may be proposed in the R-3 and R-4 Zone Districts.

Single-family detached dwellings shall be on their own lots, which may be less in area and/or frontage than required for conventional development in the zone district. However, the nearest wall of one dwelling shall be no closer than 20 feet to the closest wall of an adjacent dwelling, and the dwelling shall not cover more than 25% of the lot area. Each lot shall abut an existing public street or one created in the plan.

Single-family attached dwellings may be on their own lots. Such dwellings shall be not less than 16 feet in width between the centers of party walls, and the average width within a group of attached dwellings shall be not less than 18 feet. An attached dwelling on its own lot shall occupy not more than 40% of the lot area, and the total number of dwellings in an attached group shall not exceed eight in number.

Dwelling buildings in a cluster plan shall be set back from the property lines of the original development tract and from all existing streets or streets created in the plan by at least 25 feet.

Within a plan of attached single-family dwellings and/or garden apartment buildings, any wall containing at least 1/2 the exterior wall area of any dwelling unit shall be separated by at least 50 feet from a neighboring building wall with the same characteristics. Where building walls are at an angle to each other, the average distance between them, measured at right angles from either wall, shall be not less than 50 feet, and the minimum distance shall be not less than 40 feet. End walls of adjacent buildings, when such walls contain less than 1/2 the exterior wall area of any dwelling unit, shall be separated by at least 20 feet.

The overall density within a cluster development plan, excluding public streets created in the plan, shall be not less than the following:

A homeowners' association shall be required if any or all lots or dwelling units in a plan are to be sold and land and/or facilities for the use and benefit of the residents of the plan remain as the responsibility of the lot and/or dwelling owners. The text of the rules and regulations establishing and governing the association shall be reviewed and found acceptable by the Borough Solicitor as providing adequate safeguards for both the Borough and the plan residents.

Membership in the association shall be a mandatory condition of purchasing a dwelling. Voting power shall be based on one vote per owned dwelling or lot, vested in the owner. However a positive vote by a majority of those voting at a meeting or by mail ballot shall be sufficient for passage of a motion, provided at least 50% of the total membership participates.

All land not to be developed for housing or sold for development shall be recorded as "common open space" on the recorded plan and shall be described as separate land parcels: The common open space shall be conveyed to the association. The developer shall be responsible for his share of maintenance, taxes and insurance costs based on the lots or dwellings he still owns at any time.

The association shall levy and collect assessments sufficient to maintain the common open space, pay taxes and insurance on it and cover administrative costs. The association shall maintain access drives, parking areas, walkways, landscaping, storm drain facilities in the common open space and other improvements that may be constructed. Borough Council may require the association to establish an escrow fund payable to the Borough to guarantee maintenance of the common open space.

Such mobile homes shall meet all the dimensional requirements of this chapter for single-family detached dwellings in the R-2 Zone District.

Mobile homes shall be supported directly upon at least two masonry piers or a peripheral masonry foundation extending at least three feet below grade and providing stable bearing for the home. The area between the bottom of the home and the ground below shall be ventilated but completely enclosed by a masonry skirting.

Mobile homes shall be placed on their foundation and skirted not later than 30 days after arrival on the property.

Mobile homes shall be securely held to their foundations by built-in or exterior tie-downs at each corner of the home. Each mobile home brought into the Borough after the date of this chapter shall comply with the National Manufactured Housing Construction and Safety Standards Act, as amended.

No mobile home shall be occupied until the Zoning Officer verifies that it has been connected to public sewer and water lines.

No mobile home lacking toilet and washing facilities or cooking and food storage facilities, or any of these, shall be permitted, nor shall any self-propelled vehicle or travel trailer be used for residential purposes for a period exceeding 14 days.

It shall be unlawful for a mobile home to be removed from the Borough until all taxes owed the Borough and the School District on the property or by the residents of the mobile home have been paid in full, as verified by the Tax Collector.

Any mobile home park developed or expanded after the adoption of this chapter shall have been approved by the Pennsylvania Department of Environmental Protection and Westmoreland County prior to the lease of any lease lots in the park.

All standards contained in Subsection A above shall be complied with, except that a mobile home in a park may be placed on a concrete pad at least four inches thick rather than a foundation. If this option is selected, the area between the floor of the mobile home and the ground below shall be enclosed by a metal, vinyl or masonry skirting.

Development standards: