The regulations contained in this Article are intended to apply to all zoning districts, uses, structures or lots except as otherwise provided in this Ordinance.

502.1

Mixed Uses: Land, buildings and structures shall be designed and used only for authorized uses within respective zoning districts. Except where specifically authorized by this Ordinance, multiple uses of land, buildings or structures are prohibited in residential districts.

502.2

Dwelling in a Basement: No dwelling unit or units shall be contained in a basement or cellar which does not have 50% or more of its average height above grade level.

502.3

Clear Sight Distances at Intersections: A clear sight triangle, as defined by this Ordinance, must be maintained at all intersections of public and/or private streets and driveways in all zoning districts. Required sight distances along intersecting streets/driveways shall be in accordance with the current applicable PennDOT standards.

502.4

Exotic Animals: Exotic animals such as lions, tigers, bears, large or poisonous snakes, alligators and similar animals shall not be permitted in any zoning district.

503.1

Permit and Maintenance Requirements: A zoning certificate must be obtained from the Zoning Officer for any new, expanded or altered accessory use or structure. The owner is responsible for maintaining the accessory use/structure in safe condition in accordance with all applicable regulations. If the Zoning Officer finds that an accessory structure is not being used for its intended purpose or not being maintained, the Zoning Officer shall give written notice to the owner, in accordance with section 908.1, to repair or remove it.

503.2

Permitted Accessory Uses: A permitted accessory use must comply with the definition of "accessory use" contained in Article 2 of this Ordinance. Examples of permitted uses are:

1.

Garage, carport, shed or building for domestic storage, but not exterior storage of a boat, trailer, camper or similar recreational vehicle.

2.

Child's playhouse, garden house, gazebo and private greenhouse.

3.

Swimming pool (residential), tennis court or similar private recreational facility.

4.

Civil defense shelter for not more than two families.

5.

Home occupations, as regulated herein.

6.

Fences, as regulated herein.

7.

Off-street parking and loading areas, as regulated herein.

8.

Signs, as regulated herein.

9.

Radio, television or satellite dish antenna, as regulated herein.

10.

Storage of merchandise normally carried in stock on the same lot with a permitted retail, service or office use, unless such storage is excluded by the district regulations.

11.

Storage of goods used in or produced by manufacturing activities, on the same lot or parcel of ground with such activities unless such storage is excluded by the district regulations.

12.

Employee restaurants and cafeterias when located in a permitted business or manufacturing building.

503.3

Use Limitations.

1.

All accessory structures and uses shall comply with the use limitations applicable in the zoning district in which they are located.

2.

No accessory structure shall be used for dwelling purposes.

3.

No accessory structure shall be constructed and occupied on any lot prior to the time of the completion of the construction of the principal structure to which it is accessory.

4.

None of the following shall be permitted as an accessory use:

a.

Outdoor storage or overnight parking in a residential district of trucks, buses or other vehicles exceeding 7,000 pounds in gross vehicle weight or designated as Class III or above by the Pennsylvania Motor Vehicle Code, excluding a recreational vehicle as defined by this ordinance.

b.

Outdoor storage of equipment, supplies or other materials in all zoning districts, except as specifically permitted by the applicable zoning district regulations.

5.

No accessory structure shall exceed 15 feet in height unless another height is specified by this Ordinance.

503.4

Location of Accessory Uses: Unless otherwise stipulated by this Ordinance, the following standards shall apply:

1.

Residential Districts.

a.

Front Yard: Accessory uses, with the exception of permitted signs and fences, shall not be located in the required front yard of any zoning lot.

b.

Side and Rear Yards: Accessory uses are permitted, provided they are no closer than 5 feet of any lot line.

2.

Business and Manufacturing Districts.

a.

Front Yard: In addition to permitted signs and fences, off-street parking (but not loading) areas are permitted in a required front yard. The minimum parking area in a M-1 district must maintain a minimum five-foot, landscaped setback from the street right-of-way or sidewalk line.

b.

Side and Rear Yards: Accessory uses are permitted. If the yard abuts a residential district, the accessory use must maintain a minimum three-foot setback, screened in accordance with section 504.4 of this Ordinance.

3.

All Zoning Districts.

a.

No part of any accessory structure shall be located closer than 10 feet to any principal structure, unless it is attached to or forms a part of such principal structure. No accessory structure shall be located closer than 3 feet to another accessory structure on an abutting property.

b.

Accessory structure and uses shall otherwise comply with the bulk regulations applicable in the district in which they are located.

Unless otherwise stipulated, the following standards shall apply:

504.1

Permit and Maintenance Requirements: A zoning certificate must be obtained from the Zoning Officer for the erection of any fence, wall or screen. The property owner shall be responsible for the continuing maintenance of any fence wall or screen.

If a fence, wall or screen is not maintained in a safe condition and in accordance with local regulations, the Zoning Officer shall give written notice to owner, in accordance with Section 908.1, to repair, replace or remove it.

504.2

Placement, Materials, Height.

1.

Fences, walls, hedges or other planted screens may be erected in any yard subject to following height restrictions:

a.

Located in a front yard: Four (4) -foot maximum.

b.

Located in a side yard: Eight (8) -foot maximum.

c.

Located in a rear yard: Eight (8) -foot maximum, except that there shall be no maximum applied to hedges or planted screens (e.g., trees) located along the rear property line.

d.

Located in any yard in an M-1 district; 12-foot maximum.

2.

Fences, screens or walls up to 10 feet in height may be erected in any yard of a public school, public recreational facility or public building, provided that they are constructed of a chain link material and approved by the Planning Commission.

3.

A retaining wall may be erected along any property line or in any yard where it is required to prevent a landslide or other hazardous conditions.

4.

A fence or screen cannot be erected in a public or dedicated right-of-way.

5.

Fences located along a property boundary shall be set back at least 6 inches from the property line except by written agreement of the property owners filed with the zoning hearing board.

504.3

General Requirements.

1.

Authorized fences and screens whether publicly or privately owned, shall not obstruct the clear sight distances at street intersections; a clear sight triangle, in accordance with Section 502.3, shall be maintained.

2.

Fences shall not contain barbs or similar types of injurious materials, unless specifically approved by the Greene County Planning Commission for security reasons.

3.

The finished side of the fence or wall shall always face the abutting properties or street.

504.4

Screening for Business, Manufacturing, Industrial Uses.

Wherever this Ordinance requires screening of a commercial or industrial use, or portion thereof, the following standards shall apply:

1.

A planted screen shall be of sufficient density and type of planting material to provide a year-round visual barrier, within two growing seasons of planting. The minimum height shall be five (5) feet, but additional height may be required where it is necessary to achieve adequate visual screening of the use.

2.

Screening of off-street parking and loading areas shall be in accordance with section 5-506 of this Ordinance.

3.

Water towers, storage tanks, processing equipment, fans, cooling towers, vents, and other structures or equipment that rise above the roof line, other than a radio, television or satellite dish antenna, shall be effectively shielded from view of any abutting public or private street by an architecturally sound method.

505.1

General Design and Construction Standards.

All signs shall be designed, constructed, and maintained in accordance with the following standards:

1.

All signs shall comply with applicable provisions of the Uniform Construction Code.

2.

Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this Ordinance, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.

3.

All signs shall be maintained in good structural conditions, in compliance with all building and electrical codes, and in conformance with this code, at all times.

505.2

Signs Permitted.

Upon the adoption of this Ordinance, it shall be unlawful and a violation of this Ordinance for any person to erect, construct, paint, alter, relocate, reconstruct, display, or maintain or cause to be erected, constructed, displayed or maintained within the Borough any sign (except as defined in Section 505.4) without first having obtained a permit from the Zoning Officer.

1.

Residential Districts (R-1, R-2, and R-3).

a.

For home occupations: one (1) non-illuminated wall sign not exceeding three (3) square feet in size.

b.

For single-family subdivisions and multifamily complexes, including mobile home parks, one (1) monument sign per street frontage, not to exceed twenty (20) square feet in sign area per sign or six (6) feet in height.

c.

For permitted nonresidential, including churches and synagogues, one (1) free-standing monument sign not to exceed twenty (20) square feet in sign area or five (5) feet in height and one (1) wall sign (with or without border) not larger than six (6) square feet.

2.

Non-Residential Districts (B-1, M-1, U-1 and U-2).

Within this district the intent of sign regulation is to ensure the visual compatibility with the scale and character of the surrounding architecture. The signage must also be readable by pedestrians and people in slow-moving vehicles.

a.

Types of Signs:

(i)

Wall Signs (with or without border) as large as one (1) square feet[foot] per two (2) linear feet of building frontage or a maximum of twenty-five (25) square feet, whichever is less.

(ii)

Free-Standing Signs only for establishments that are set back from the property line by twenty-five (25) feet or more, except as noted below.

(a)

Monument Signs as large as fifteen (15) square feet in sign area with a height maximum of five (5) feet from the ground (including the base) to the top of the sign. The sign must be set back ten (10) feet or more from the property line.

(b)

Pole Signs as large as ten (10) sq. ft. in sign area, with a height maximum of ten (10) ft. from the ground to the top of the sign. The sign must be set back ten (10) feet or more from the property line.

(iii)

Projecting Signs shall be two (2) -foot by three (3) -foot in size.

(iv)

Window Signs no more than seventy-five (75%) percent of the total window area of the principal facade. Lettering can be up to eight (8) inches high and must be see through.

(v)

Wind sign consisting of one or more banners, flags, pennants, ribbons, spinners, streamers, or captive balloons, or other objects or material fastened in such a manner as to move upon being subjected to pressure by wind affixed to structure or supported so as not to compromise pedestrians, vehicles, or other traffic.

(vi)

Digital Signs and Electronically Changing Message Signs meeting the following requirements:

(a)

Location.

(1).

Only one digital or electronic sign shall be permitted on any one property, and no digital or electronic sign shall be permitted on a property that already has an existing or proposed manual or mechanical changeable-copy sign.

(2).

All digital/electronic signs shall have a minimum thirty-foot setback from residential property lines.

(b)

Messages.

(1).

All messages, images, or displays on a digital sign or electronically changing message sign shall remain unchanged for a minimum of 10 seconds; except signs with a changeable sign area of less than 30 square feet in a commercial district may change a minimum interval of every six seconds.

(2).

The time interval used to change from one complete message, image or display to the next complete message, image or display shall be a maximum of one second.

(3).

There shall be no appearance of a visual dissolve or fading, in which any part of one message, image or display appears simultaneously with any part of a second message, image or display.

(4).

There shall be no appearance of flashing or sudden bursts of light and no appearance of video motion, animation, movement or flow of the message, image or display.

(5).

The intensity and contrast of light levels shall remain constant throughout the sign face.

(6).

Each digital sign or electronically changing message sign shall be equipped with automatic day/night dimming software, to reduce the illumination intensity of the sign from the time of the business closing to 7:00 a.m.

(7).

Public Service Announcements: The owner of every message center sign shall coordinate with the local authorities to display, when appropriate, emergency information important to the traveling public, including, but not limited to, AMBER ALERTS™ or alerts concerning terrorist attacks or natural disasters. Emergency information messages shall remain in the advertising rotation according to the protocols of the agency that issues the information.

b.

Number: Each property may not display more than three (3) signs. Each business site may display only one (1) free-standing sign, which is included in the three permitted signs.

c.

Materials: Signs (except awnings) shall be made of wood or metal. If plywood is to be used, it must have exceptionally smooth and weather resistant surfaces.

3.

Temporary Signs.

a.

Construction.

(1)

One (1) non-illuminated temporary Construction Sign announcing the names of contractors, mechanics or artisans engaged in performing work on the premises shall be permitted on a lot, provided the sign shall not exceed twelve (12) square feet. Such sign shall be removed immediately upon completion of the work.

b.

Portable Sign.

(1)

The sign must be within fifteen (15) feet of the front door of the place of business.

(2)

Each storefront is allowed one sign and in no case shall a storefront be allowed more than one sign.

(3)

The location of the sign must not block or restrict passageway along the sidewalk to less than four feet in width, block the ingress/egress to any building, interfere with vehicular traffic flow, or block required parking spaces.

(4)

The sign is limited to a maximum area of ten (10) square feet and a maximum height of four (4) feet.

(5)

The sign must be adequately weighted and shall not be illuminated, animated, or electrically powered in any way. Signs must be made of durable materials designed to withstand exterior conditions.

(6)

The sign is allowed only during the sign owner's business hours and must be moved inside when the business is not open.

(7)

All signs must be located on an adjacent sidewalk.

c.

Real Estate Sign.

(1)

One (1) non-illuminated temporary Real Estate Sign shall be permitted on each lot provided the sign shall not exceed six (6) square feet when located in any Residential Zoning District and shall not exceed twenty (20) square feet in any other Zoning District. Such sign shall be removed within thirty (30) days of the sale or rental of the property on which it is located.

(2)

One (1) non-illuminated temporary real estate open house sign shall be permitted on each lot provided the sign shall not exceed four (4) square feet and shall not be displayed more than two (2) hours prior to the open house and shall be removed within two (2) hours after the open house concludes.

d.

Special Event Display.

(1)

One (1) non-illuminated Special Event Display Sign, as defined by this Ordinance, shall be permitted to be erected, provided that the area of the sign shall not exceed fifteen (15) square feet and provided the sign is displayed for a period no longer than fifteen (15) days prior to the event and is removed immediately following the event.

4.

Illumination Requirements Applicable to All Districts.

a.

The illumination from any sign may not cause any reflection or glare upon a public street, highway, sidewalk, or adjacent property.

b.

Directly illuminated signs of any nature in R-1, R-2, R-3, U-1, and U-2 Districts are prohibited.

c.

Exposed lighting sources such as bulbs, tubes, and the like are prohibited. All external sources of illumination must be hidden from view by shrubbery or some other permitted material.

d.

With the exception of B-1 and B-2 Districts, no exterior signs on any building or premises shall be illuminated after 12:00 midnight, except on those places of business which shall remain open after midnight, and they shall be extinguished at the time of closing such business.

505.3

Sign Classifications: Prohibited.

1.

All signs not expressly permitted under this Ordinance or exempt from regulation hereunder in accordance with this Ordinance are prohibited in the Borough. Such signs include, but are not limited to:

a.

Any sign attached to any tree, utility pole or painted upon or otherwise directly affixed to any rock, ledge or other natural feature.

b.

No sign shall be erected:

(1)

In the public right-of-way, except for those placed by an authorized governmental agency;

(2)

At any location where, by reason of position, shape, wording or color, it interferes with or obstructs the view of pedestrian or vehicular traffic;

(3)

Which may be confused with any authorized traffic sign, signal or device;

(4)

Above the roof line;

(5)

Which is closer than twenty (20) feet to a side lot line except in the case of (1) a wall sign, or (2) a corner lot where a setback may be reduced to ten (10) feet from public ways;

(6)

Which projects from a building over a public way with the bottom of the sign less than eight (8) feet vertically above the ground. The sign owner must provide to the municipality proof of liability insurance naming the municipality as the insured party for any sign projecting over a public way;

(7)

Any outdoor sign which advertises, identifies or pertains to any activity no longer in existence shall be removed by its owner or persons otherwise responsible within thirty (30) days from the time the activity ceases. Political signs must be removed within three (3) days after the election advertised. This provision does not apply to seasonal activities during the periods in which such businesses are closed.

(8)

Signs employing neon, mercury vapor, low pressure and high pressure sodium, and metal halide lighting, except those handed out by Waynesburg Prosperous and Beautiful.

(9)

Signs on a vehicle not regularly used in the conduct of the business advertised on the vehicle.

(10)

Signs placed on bus shelters, bus benches, or waste receptacles.

(11)

Signs posted or painted on roofs, dormers, and balconies.

(12)

Off-premises signs.

505.4

Sign Classifications: Exempted.

1.

The following signs do not require permits or fee payment but must meet the other requirements of the Ordinance:

a.

Traffic control signs;

b.

Traffic flow informational signs to nonprofit and first responder facility.

c.

Building addresses, family name signs, decorative flags, no trespassing and similar signs;

d.

Signs on vehicles regularly and customarily used to transport persons or property for the business;

e.

Directional signs set by governmental bodies;

f.

Political signs (4 sq. ft. or less);

g.

The flags of any nation, state, town, military or service organization (15 sq. ft. or less);

h.

Temporary signs;

I.

Safety control signs.

506.1

General Provisions. Off-street parking spaces shall be provided in accordance with the specifications in this Section in any Zoning District whenever any new use is established, or for the new portion whenever any existing use is enlarged.

1.

An off-street parking space shall have minimum rectangular dimensions of not less than nine feet (9') in width and eighteen (18) feet in length, exclusive of driveways, aisles and other circulation areas.

2.

Driveways and traffic aisles between two (2) rows of off-street parking spaces shall be of a width not less than twenty-four (24) feet, except for one-way aisles for angle parking which shall be no less than twenty (20) feet in width.

3.

Off-street parking areas for more than five (5) vehicles and access drives leading to the parking area shall be graded for proper drainage and paved with concrete, bituminous asphalt or bituminous seal coat. The developer/property owner shall provide assurance that in the event that development occurs at a time of year which makes it impossible to pave, paving will occur as soon as weather permits.

a.

Off-street parking areas which are used for the storage of vehicles and are not accessible to the general public shall be graded for proper drainage and finished with an all-weather surface such as gravel or slag which has been properly graded, choked and compacted.

4.

Any lighting devices used to illuminate any off-street parking lot shall be so arranged as to reflect the light away from all adjoining properties.

5.

Off-street parking spaces shall not be located any closer than five (5) feet to the right-of-way line of a public or private roadway. The area between the right-of-way and off-street parking spaces shall be seeded and planted with shrubbery, and trees, or other landscaped barrier which will prevent the shining of lights from the parking area onto the roadway.

a.

When the setback requirement in this Subsection is in conflict with the provisions of this Ordinance or any other ordinance regulating land development, the greater distance shall apply.

6.

When two (2) or more uses are located within the same building or structure, or when two (2) or more uses are located in more than one (1) building on one property, off-street parking spaces equal in number to the sum of the separate requirements for each use shall be provided.

7.

Handicapped parking shall be provided at a ratio as determined by the latest version of the ADA Accessibility Guidelines. Handicapped spaces shall have minimum dimensions of twelve (12) feet in width and nineteen (19) feet in length and shall be located the shortest possible distance to an accessible entrance to the building. These spaces shall be conspicuously posted.

8.

When the determination of parking spaces required for a use results in a fraction of a space, any fraction shall be counted as one (1) space.

9.

Off-street parking for more than five vehicles shall include interior landscaping of at least ten square feet per car and one tree (min. 4 feet high) per five vehicles. It is the responsibility of the owner/applicant to assure the continued growth of all required landscaping and replace all dead growth.

10.

Buffer yards, when required, shall contain a row of planting comprised of a mixture of deciduous (30%) and evergreen (70%) trees spaced ten feet apart measured from the center line of the tree.

11.

Off-street parking shall be provided in accordance with the ratios specified in Table 5.3, Parking Requirements for the various categories of uses. Properties located in the Downtown Parking Overlay District shall not be subject to the parking requirements in Table 5.3 (see section 3-315).

a.

If the property owner cannot provide the required number of spaces onsite, the owner may be allowed to use adjacent or nearby lots if proof is shown of a cross agreement, lease of dedicated parking, staggered hours of usage or another suitable agreement.

Table 5.3. Parking Requirements

12.

The Greene County Planning Commission may approve a plan for providing all or some of the required off street parking spaces on a lot within the any District if the proposed use complies with Table 5.4, Parking Exemptions or provides a plan for providing all or some of the required off-street parking spaces, that cannot be provided on site, through cross agreements, leasing of dedicated parking, staggered hours of usage or another suitable arrangement.

Table 5.4. Parking Exemptions

506.2

Required Parking for Multiple Use: In the event a number of different uses are proposed within the same structure, the applicant may present to the Greene County Planning Commission a written analysis prepared by a professional traffic engineer or consultant. The contemplated use will not necessitate the total cumulative parking spaces authorized by this chapter. Upon review of such a written document, the required number of parking spaces may be adjusted.

506.3

Off-street Loading: Off-street loading shall be provided in accordance with the specifications in this section in any non-residential Zoning District wherever any new use is established, or as to the new portion, wherever any existing use is enlarged. The phrase "off-street loading" shall include both "loading" and "unloading."

506.4

Off-street loading spaces in conjunction with warehousing or other industrial uses shall have minimum rectangular dimensions of twelve (12) feet in width and fifty-five (55) feet in length. Off-street loading spaces in conjunction with offices, retail or service uses shall have minimum rectangular dimensions of twelve (12) feet in width and thirty (30) feet in length.

506.5

Loading spaces shall be provided in accordance with Table 5.5, Loading Spaces.

Table 5.5. Loading Spaces

^* Service shall include hotels, motels, restaurants, eating and drinking establishments.

506.6

Off-street loading spaces shall be located in areas which will not impede traffic on public streets. At no time may loading vehicles obstruct traffic on a public thoroughfare.

506.7

Performance Standards: All uses shall comply with the requirements of this Section. Compliance shall be determined by the Zoning Officer with respect to Permitted Uses and by the Zoning Hearing Board with respect to Special Exceptions. In order to determine whether a proposed use will conform to the requirements of this Ordinance, the Borough may obtain a qualified consultant's report, whose cost for services shall be borne by the applicant.

507.1

A permit may be issued for a temporary building which is incidental to the development and erection of buildings or structures, provided that the permit shall not allow the use of such a temporary building for a period of more than 12 months from the date of such permit.

507.2

A permit may be issued for temporary tents or shelters that are erected for special events, provided that the permit shall not allow the use of such a temporary tent or shelter for a period of more than ten days from the date of such permit.

507.3

Temporary outdoor storage of merchandise of a seasonal nature shall be permitted by permit if the following are met:

1.

It does not occupy buffer areas, parking spaces, driveways, or interferes with traffic flow;

2.

It does not damage or obscure landscaping;

3.

It leaves a clear pedestrian path of six (6) feet;

4.

It does not obstruct visibility;

5.

It does not constitute a structure;

6.

No display of cars for sale (excluding auto dealers) shall occur on commercial property.

508.1

Outdoor storage shall be an accessory use to commercial or industrial properties and shall be subject to the following:

1.

Outdoor storage of man-made products shall be screened from view of public rights-of-way and adjacent residential uses.

2.

Outdoor storage facilities for fuel (with the exception of firewood) and raw materials shall be enclosed with an approved safety fence compatible with the architectural and landscaping style employed on the lot. In addition to a fence, bulk storage tanks shall be enclosed by a moat or berm to contain potential spillage.

3.

All organic refuse or garbage shall be stored in tight, vermin-proof containers.

4.

No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above ground, except the following:

a.

Tanks or drums of fuel connected directly with and located and operated on the same lot as the energy devices or heating appliances they serve.

b.

Tanks or drums for storage of not more than three hundred (300) gallons of fuel oil (other than that used for home heating) or gasoline or diesel fuel, provided such tanks are located no closer than twenty-five (25) feet to any building or lot line of fifty (50) feet from any right-of-way line.

5.

No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse, or otherwise render such a stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.