West Mifflin City Zoning Code
ARTICLE X
Criteria and Supplemental Regulations for Certain Uses
The uses in this section shall be subject to the following express criteria and minimum standards whether permitted by right, as a conditional use or as a special exception. Use-specific requirements related to parking appear in Article VI, and use-specific requirements related to signage appear in Article XIV. |
§ 290-63 Adult-oriented use.
A.
All adult entertainment establishments shall be stand-alone uses situated on a lot having a minimum area of one acre.
B.
Location.
(1)
No permit will be issued for any adult entertainment establishment which intends to be located within the below-listed distances of such institutional or residential property lines:
(a)
Any other adult-oriented establishment, whether such use is situated in West Mifflin or otherwise: 500 feet.
(b)
Public or private pre-elementary, elementary, or secondary school property: 800 feet.
(c)
Public library: 600 feet.
(d)
Child day care or nursery school: 800 feet.
(e)
Public playground or park: 800 feet.
(f)
Child-oriented business: 800 feet.
(g)
Commercial recreation uses: 600 feet.
(h)
Residential uses or zones: 600 feet.
(i)
Public transit stop: 250 feet.
(2)
Measurement shall be from the closest point on one lot to the closest point on the other lot.
C.
No such establishment shall be open for or permit access to any person under the age of 18 years.
D.
The establishment shall include a double-door entrance, with inner door area containing a notice of no less than four square feet that those choosing to enter will be potentially exposed to obscene matters or materials.
E.
An adult-oriented establishment may be open for business only Monday through Saturday from 9:00 a.m. to 12:00 midnight, prevailing time. No adult-oriented establishment shall be open at any time on Sunday or on a legal holiday as set forth in the Act of May 31, 1893, P.L. 188, § 1, as amended, 44 P.S. § 11.
F.
No materials or merchandise of any kind offered for sale, rent, lease, or loan or for view upon the premises of an adult-oriented establishment shall be exhibited or displayed outside of a building or structure.
G.
Signs shall contain only the name of the business and the words "adult entertainment" or other term of like import.
H.
This section may be found to apply to any uses not contemplated by this subject and subject to conditional use approval.
§ 290-64 Assisted living residence.
A.
The assisted living residence shall meet all licensing requirements of the Commonwealth of Pennsylvania Department of Public Welfare.
B.
The facility shall have direct access to a state or county highway.
C.
The assisted living residence shall be the sole occupant of the lot.
D.
A minimum lot size of two acres shall be required.
E.
The maximum percentage of the lot covered by buildings shall be 20%.
F.
The maximum impervious surface ratio shall be 50%.
G.
Front yard shall be 50 feet minimum.
H.
Side yards shall be 50 feet minimum.
I.
Rear yard shall be 50 feet minimum.
J.
Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.
K.
Parking areas shall be screened from view of neighboring houses or those directly across the street from the lot.
L.
Buildings shall be set back from one another, and residential occupancy shall be in conformance with this chapter.
§ 290-65 Automobile service garage (with or without gasoline sales).
A.
Vehicles left outdoors after business hours shall be limited to those awaiting service or pickup within 48 hours.
B.
No vehicle that fits the definition of "junked vehicle," as defined in this chapter, shall be parked outside the building.
C.
Any business engaged in towing service shall dispose of any vehicles that fit the definition of "junked vehicle" or "abandoned vehicle," as defined in this chapter, within 24 hours, unless they are stored inside a building.
D.
The maximum lot area for an automobile services establishment shall be 20,000 square feet.
E.
An automobile service station shall have direct ingress/egress to an arterial road, as defined by this chapter, or shall have a point of ingress/egress from a public or private street within the lot of a shopping center.
F.
All authorized repair and service work, car washing and lubrication shall be conducted within a completely enclosed building.
G.
All automobile parts and accessories, dismantled vehicles and similar materials shall be stored within a completely enclosed building.
H.
All fuel, oil and other flammable substances shall be stored at least 25 feet from any lot line.
§ 290-66 Automobile sales.
A.
The business shall include a permanent building on the lot for office, display and repair use of not less than 1,000 square feet floor area.
B.
Areas of the lot displaying vehicles for sale and for customer parking shall be paved with an all-weather surface, and such areas shall be set back at least 15 feet from adjacent street curbs or edges of road pavements.
C.
Displayed or parked vehicles and sign posts or other posts shall not be located closer than 10 feet to the curb or paved edge of an adjacent street or such further distance as may be necessary to create maximum sight distance lines for motorists entering and leaving the lot.
D.
Automobile sales uses shall not employ outdoor loudspeaker paging systems.
E.
All repair work shall be done entirely within an enclosed building, vehicular access to which shall be oriented away from the street across the front of the lot, and screened by a hedge or fence if facing adjacent residential lots.
F.
External lighting shall be reduced in intensity by 50% at the close of each business day. Lighting of the lot using strings of bare bulbs shall not be permitted.
G.
Areas of lot not occupied by buildings or paved shall be landscaped and maintained.
H.
All vehicles for sale must be operable and road-worthy.
§ 290-67 Bed-and-breakfast.
A.
No more than one ground sign shall be permitted on the lot. The maximum permitted sign area shall be 20 square feet.
B.
Service of meals shall be limited to breakfast only to overnight guests of the facility.
C.
The owner and/or manager of the facility shall reside therein.
D.
An overnight guest shall not occupy the facility for more than 14 consecutive nights in a thirty-day period.
E.
In addition to the parking required for the dwelling, one parking space shall be provided for each guest room offered to overnight guests.
§ 290-68 Billboard; electronic changeable copy billboard.
A.
Billboard.
(1)
Location. Required spacing shall be measured from a point perpendicular to the structure along the front lot line parallel to the center line of the roadway to which the billboard is oriented.
(a)
The minimum front, side and rear yard requirements applying to a principal use as set forth within the zoning district in which the billboard is to be located shall apply to each billboard structure.
(b)
A billboard shall be considered a structure and shall be included in the calculation of maximum lot coverage. The maximum lot coverage calculation shall be cumulative, including the billboard and any other structures and buildings on the same lot therewith.
(c)
No billboard shall be erected in such a manner as to block the view from the road or street of any existing business identification sign or residential or nonresidential structure or to limit or reduce the light and ventilation requirements regulated by Borough provisions for building construction and fire prevention.
(d)
No billboard shall be constructed within the clear sight triangle of the public street or road on which it is situated and shall not in any case obstruct or impede traffic safety.
(e)
Billboards shall maintain a lateral minimum spacing of 750 feet between billboard structures. Required spacing shall be measured from a point perpendicular to the centermost point of the billboard structure along the front lot line parallel to the center line of the roadway to which the billboard is oriented.
(f)
Billboards may not be mounted on the roof, wall or other part of a building or any other structure.
(2)
Size and height. A billboard shall have a maximum allowable gross surface area of 750 square feet per sign face. A billboard shall have a maximum of two sign faces per billboard structure.
(a)
The billboard structure may have sign faces placed back-to-back or in a V-shaped configuration on a single billboard structure.
(b)
A billboard face shall be independently supported and have vertical supports of metal which are galvanized or otherwise treated to prevent rust and corrosion.
(c)
The one vertical support shall be capable of enabling the entire sign face to be able to withstand a minimum sixty-mile-per-hour wind load.
(d)
The entire base of the billboard structure shall be permanently landscaped with suitable shrubbery and/or bushes of minimum height of three feet placed in such manner as to screen the foundation of the structure.
(e)
Landscaping shall be maintained by the billboard owner in an attractive and healthy manner in accordance with accepted conservation practices.
(f)
Permanent landscaping shall form a base and/or backdrop to the billboard when practical in the opinion of the Zoning Officer.
(g)
No bare earth cuts are permitted on a hillside.
(h)
All earth cuts or fills are to be permanently seeded or planted.
(i)
An off-premises sign with display lighting shall be constructed so that it does not glare upon adjoining property and shall not exceed a maximum footcandle of 1.5 upon the adjoining property.
(j)
Display lighting shall not operate between 12:00 midnight and 5:00 a.m., prevailing local time. All lighting shall be in accordance with the provisions of this chapter.
(k)
No billboard structure, sign face or display lighting shall move, flash or emit noise. No display lighting shall cause distractions, confusion, nuisance or hazard to traffic, aircraft or other properties.
(l)
The use of colored lighting is not permitted.
(3)
Maintenance.
(a)
A billboard structure shall be entirely painted every three years.
(b)
Every 10 years, the owner of the billboard shall have a structural inspection made of the billboard by an engineer or an architect and shall provide to the Borough a certificate from the engineer or architect certifying that the billboard is structurally sound.
(c)
Annual inspections of the billboard shall be conducted by the Borough to determine compliance with the provisions of this chapter.
(d)
Billboards found to be in violation of this chapter shall be brought into compliance or shall be removed within 30 days upon proper notification by the Borough. Failure to comply shall be a violation of this chapter.
(e)
Billboards using removable paper or other materials shall be maintained in such condition as to eliminate loose or frayed material protruding or hanging from the structure.
(4)
Permits. Prior to submission of an application for a building permit, the applicant for a billboard use shall obtain and submit with the application approvals from the County of Allegheny and the Pennsylvania Department of Transportation (PennDOT).
(5)
Application fees. Said application shall be accompanied by an application fee in an amount equal to that set by resolution of the Borough Council.
B.
Electronic changeable copy billboard.
(1)
Electronic changeable copy billboards shall be programmed so that the message or image on the sign changes no more often than once every five seconds.
(2)
There shall be no effects of movement, blinking, animation, scrolling, flashing, or similar effects in the individual images.
(3)
Changes of image shall be instantaneous as seen by the human eye and shall not use blinking, fading, scrolling, shading, dissolving, or similar effects as part of the change.
(4)
Any illumination intensity or contrast of light level shall remain constant.
(5)
Location. Required spacing shall be measured from a point perpendicular to the structure along the front lot line parallel to the center line of the roadway to which the electronic changeable copy billboard is oriented.
(a)
The minimum front, side and rear yard requirements applying to a principal use as set forth within the zoning district in which the electronic changeable copy billboard is to be located shall apply to each electronic changeable copy billboard structure.
(b)
An electronic changeable copy billboard shall be considered a structure and shall be included in the calculation of maximum lot coverage. The maximum lot coverage calculation shall be cumulative, including the electronic changeable copy billboard and any other structures and buildings on the same lot therewith.
(c)
No electronic changeable copy billboard shall be erected in such a manner as to block the view from the road or street of any existing business identification sign or residential or nonresidential structure or to limit or reduce the light and ventilation requirements regulated by Borough provisions for building construction and fire prevention.
(d)
No electronic changeable copy billboard shall be constructed within the clear sight triangle of the public street or road on which it is situated and shall not in any case obstruct or impede traffic safety.
(e)
Electronic changeable copy billboards shall maintain a lateral minimum spacing of 1,000 feet between electronic changeable copy billboard structures or billboards. Required spacing shall be measured from a point perpendicular to the centermost point of the electronic changeable copy billboard structure along the front lot line parallel to the center line of the roadway to which the electronic changeable copy billboard is oriented.
(f)
Electronic changeable copy billboards may not be mounted on the roof, wall or other part of a building or any other structure.
(6)
Size and height. An electronic changeable copy billboard shall have a maximum allowable gross surface area of 750 square feet per sign face. An electronic changeable copy billboard shall have a maximum of two sign faces.
(a)
The electronic changeable copy billboard structure may have sign faces placed back-to-back or in a V-shaped configuration.
(b)
An electronic changeable copy billboard face shall be independently supported and have vertical supports of metal which are galvanized or otherwise treated to prevent rust and corrosion.
(c)
The one vertical support shall be capable of enabling the entire sign face to be able to withstand a minimum sixty-mile-per-hour wind load.
(d)
The entire base of the electronic changeable copy billboard structure shall be permanently landscaped with suitable shrubbery and/or bushes of minimum height of three feet placed in such manner as to screen the foundation of the structure.
(e)
Landscaping shall be maintained by the electronic changeable copy billboard owner in an attractive and healthy manner in accordance with accepted conservation practices.
(f)
Permanent landscaping shall form a base and/or backdrop to the electronic changeable copy billboard when practical in the opinion of the Zoning Officer.
(g)
No bare earth cuts are permitted on a hillside.
(h)
All earth cuts or fills are to be permanently seeded or planted.
(7)
No electronic changeable copy billboard shall be mounted, affixed or attached to any vehicle, motor vehicle or trailer operated, maneuvered or towed on or upon any street, avenue, alley, road, or right-of-way with the Borough. This prohibition shall include vehicles, motor vehicles or trailers designed, built, or used specifically for and as mobile electronic changeable copy billboards.
(8)
Existing conforming billboards may be converted to accommodate electronic changeable copy billboards subject to the provisions of this chapter. The conversion of any existing conforming billboard shall require a permit issued by the Zoning Officer.
(9)
Permitting. All electronic changeable copy billboards, including the conversion of any existing conforming billboard to digital technology, shall require permits as follows:
(a)
Application for a building permit shall be made to the Zoning Officer and shall be accompanied by such drawings, plans, specifications, and engineering designs as may be necessary to fully advise and acquaint Borough personnel with the proposed sign and sign location. The application shall be accompanied with the deed, lease, or other agreement by which the applicant has the right to erect, use or maintain the proposed sign at the stated location. Further, said application shall contain the following information: distance from proposed sign to closest billboard on the same side of the street and on the opposite side of the street; distance from proposed sign to closest electronic changeable copy billboard on the same side of the street and on the opposite side of the street; distance from proposed sign to closest residentially zoned (see Article III of this chapter) property; location of all other electronic changeable copy billboards within a radius of one mile of the proposed location; and written certification from the sign manufacturer certifying that the light intensity of the sign has been preset to remain constant as established by this chapter and that the preset intensity level is protected from end-user manipulation by password-protected software or other approved method.
(b)
The permit shall become null and void unless construction of the sign has been substantially completed within five months from the date on which the permit was issued. In the event a permit becomes null and void after the expiration of five months, the permittee shall be required to reapply for a permit for that site and pay another permit application fee. If, however, the permittee provides evidence that good cause prevented substantial commencement within the five months, and such evidence is accepted by the Zoning Officer, then said permit may be extended one time for an additional three months.
(c)
A permit application fee as set from time to time by the Borough Council shall be paid by each person or corporation seeking a permit under this section. This fee shall be in addition to, and not in lieu of, any other fees or licenses required.
(10)
Nonconforming billboards may not be converted to electronic changeable copy billboard.
(11)
For each electronic changeable copy billboard erected or for each conversion of a conforming billboard to an electronic changeable copy billboard, the applicant must remove four of its nonconforming billboards within six months of the issuance of the permit for said electronic changeable copy billboard.
(12)
Maintenance.
(a)
Any electronic changeable copy billboard that malfunctions, fails or ceases to operate in its usual or normal programmed manner, causing motion, movement, flashing or any similar effects, shall be restored to its normal operation conforming to the requirements of this chapter within 24 hours.
(b)
Every 10 years, the owner of the electronic changeable copy billboard shall have a structural inspection made of the electronic changeable copy billboard by an engineer or an architect and shall provide to the Borough a certificate from the engineer or architect certifying that the electronic changeable copy billboard is structurally sound.
(c)
Annual inspections of the electronic changeable copy billboard shall be conducted by the Borough to determine compliance with the provisions of this chapter.
(d)
An electronic changeable copy billboard found to be in violation of this chapter shall be brought into compliance or shall be removed within 30 days upon proper notification by the Borough. Failure to comply shall be a violation of this chapter.
§ 290-69 Boardinghouse.
A.
The owner and/or manager of the facility shall reside therein.
B.
A structure used for a boardinghouse shall appear residential in nature.
C.
No cooking facilities shall be provided in the guest rooms.
D.
In addition to the parking required for the dwelling, one parking space shall be provided for each guest room offered to boarders.
§ 290-70 Car wash.
A.
All automated washing facilities shall be in a completely enclosed building. All other car washing facilities shall be under a roofed structure which has at least two walls.
B.
Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets or other property.
C.
The facility shall be connected to a public sanitary sewer.
D.
All driveway and waiting areas shall be paved with a permanent surface and edged with a curb where it abuts grassed areas. Paved areas shall be sloped to an acceptable storm drainage system. Areas of the lot not paved shall be landscaped and maintained.
E.
Access shall be limited to two driveways and one additional driveway on a second street where the lot abuts a second street; such driveways shall not be more than 35 feet wide at the lot line. No driveway shall be located within 75 feet of any street intersection, measured from the point of crossing of intersecting street right-of-way lines abutting the lot and the edge of the driveway nearest the intersection.
F.
Car washes with automated drive-through facilities shall also meet the requirements of § 290-81.
§ 290-71 Casino.
A.
A casino must be licensed by the Commonwealth of Pennsylvania. The casino site may include contiguous realty of neighboring communities owned or leased by the applicant for the proposed casino site as long as the neighboring municipality zoning ordinance permits a casino on said contiguous property.
§ 290-72 Child day care.
A.
Proof of a valid license to operate child day-care facilities issued by the Pennsylvania Department of Public Welfare shall be provided to the Borough prior to the issuance of an occupancy permit by the Borough for the use.
B.
All child day-care facilities shall provide a minimum area for indoor play at a ratio of 40 square feet per child.
C.
All child day-care facilities shall provide outdoor play space at a minimum ratio of 65 square feet per child using the outdoor play facility. Long, linear configurations shall be avoided to assure the functionality of the space as a play area. At no point shall the play area be less than 20 feet in width.
(1)
The outdoor play area shall adjoin the building where the child day-care facility is located.
(2)
The outdoor play area shall be no closer than 30 feet to a private/public street right-of-way, or 10 feet to any other property lines.
(3)
The outdoor play space shall be completely enclosed by a safe and adequate fence or wall a minimum of four feet in height, unless a greater height is required by the Borough Council. Any outdoor play area potentially susceptible to encountering vehicles leaving the roadway, travel lanes, or accessways shall be protected by a barrier capable of preventing the vehicle from entering the play area.
(4)
Nonyielding surfaces, such as concrete, asphalt, gravel, etc., are prohibited beneath any piece of permanently installed play equipment. Certain rubber padding may be permissible over hard surfaces when approved by the Borough Council. Nonyielding surfaces shall not exceed 1/4 of the required outdoor play space.
D.
Safe vehicular access and off-street areas for the discharge and pickup of children shall be provided in the following manner:
(1)
Minimum dimensions of discharge and pickup areas shall measure eight feet by 55 feet.
(2)
Discharge and pickup areas shall be so located and designed so that the vehicles intended to use them can maneuver safely and conveniently to and from a public right-of-way and complete the discharge and pickup without obstructing or interfering with the use of any public right-of-way, any parking space, or parking lot aisle.
(3)
No area allocated as a discharge and pickup area may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for discharge and pickup areas. All off-street discharge and pickup areas shall be separated from walkways, sidewalks, parking lot aisles, streets, and alleys by curbing or other protective devices as approved by the Borough Engineer.
§ 290-73 Civic, social or fraternal club.
A.
No outdoor active recreation area shall be located nearer to any lot line than 100 feet.
B.
Sufficient screening shall be provided so as to protect the neighborhood from inappropriate noise and other disturbance.
§ 290-74 Cemetery.
A.
The minimum size of a cemetery shall be 10 acres.
B.
The developer shall provide a statement of guaranteed perpetual maintenance before approval is given.
C.
A drainage plan shall be submitted with the application for the use showing existing and proposed runoff characteristics.
D.
A groundwater study prepared by a hydrologist or registered engineer qualified to perform such studies shall be submitted with the application.
E.
All maintenance equipment shall be properly stored in an enclosed building when not in use.
F.
No burial sites shall be within 50 feet of any lot line or 100 feet of a street right-of-way, and no crematorium shall be within 200 feet of any lot line.
G.
Access drives shall be located to take maximum advantage of sight distances for motorists.
§ 290-75 Church; place of worship and/or assembly.
A.
The lot shall have direct access to a Borough road or a state or county highway.
B.
Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.
C.
Parking areas shall be screened from view of neighboring houses or those directly across a street from the lot.
D.
Buildings shall be set back at least 30 feet from side yard lines and shall be no higher than the maximum height permitted for the district in which the building is located. (See § 290-11.)
E.
Other buildings on the lot shall be set apart not less than the height of the taller of the two buildings.
F.
A dwelling (such as a manse or parsonage) may be located on the same lot with a church, provided all requirements of this chapter for single-family dwellings in the zoning district can be met in addition to the minimum lot area, lot width and yard requirements applicable to the church.
G.
A day care may be operated in the church on the same lot, provided that the conditions provided in § 290-72 are met.
H.
Any other structures on the lot shall be set back from lot lines as required for the zoning district where located.
§ 290-76 Commercial contractor's yard.
A.
The outdoor storage area for vehicles and equipment shall be set back a minimum of 75 feet from all property lines;
B.
All existing performance standards for commercial districts and design standards for commercial districts shall apply. To the extent any overlap of conditions exists between this conditional use and the existing standards described above, the more restrictive standards and conditions shall apply in all cases;
C.
The outdoor storage of any items permitted in this definition shall be in accordance with the existing screening standards for commercial districts to provide a complete visual barrier between the commercial contractor's yard and contiguous properties;
D.
The minimum lot size shall be three acres;
E.
The outdoor storage area is limited to a maximum of 7,500 square feet;
F.
Washing vehicles is permitted outside;
G.
Idling time of any vehicles located outdoors is limited to 30 minutes;
H.
Hours of use of all outside activities is limited to the hours of 7:00 a.m. to 9:00 p.m., excluding only departures and arrivals from the property;
I.
Materials stored outside shall be new only, nonhazardous and combustible and must be related to the nature of the contractor's business;
J.
No storage dumpsters are allowed;
K.
No independent towing business shall be allowed;
L.
All repair, maintenance and service work and lubrication shall be conducted within a completely enclosed building, including but not limited to painting and media blasting; however, minor repairs like window replacement, light bulb replacement, air filter replacement and other minor repairs not requiring powered tools are permitted outside of an enclosed building;
M.
All parts, accessories, dismantled vehicles and similar materials shall be stored within a completely enclosed structure and shall not be allowed to accumulate; and
N.
Such other conditions as deemed appropriate by the governing body.
§ 290-77 Communications tower, antenna or building.
A.
Standards applicable to all communications towers.
(1)
A communications tower may not be located on a lot occupied by other principal buildings and structures but may occupy a leased parcel within a lot meeting bulk and area requirements for the applicable zoning district and the requirements of this section.
(2)
Interference prohibited. Communications antennas shall not cause radio frequency interference with any other communications facility located in the Borough.
(3)
Omnidirectional antennas. Omnidirectional communications antennas shall not exceed 20 feet in height and seven inches in diameter.
(4)
Directional or panel antennas. Directional or panel communications antennas shall not exceed five feet in length and three feet in width.
(5)
Communications towers are not permitted to be located in any front yard.
(6)
Setbacks. The foundation and base of any communications tower shall be set back from any abutting residential district at least 150 feet, measuring from the tower to the nearest point of the residential district boundary. For the purpose of this provision, "residential district" shall include R-1, R-2, R-3, R-4 and the Mixed Use Overlay District. The foundation and base of any communications tower shall also be set back from any other property line, or a lease line, if applicable, at least 50 feet. In the event that a communications antenna located on a communications tower extends further than the foundation and base of the communications tower, the setback shall be measured from the furthest extended edge of the communications antenna. To the extent that a greater setback is required by any other applicable section of this chapter, the greater setback shall apply.
(7)
Maximum height. In the I-1 and I-2 Industrial Districts, the maximum height of any communications tower shall be 150 feet. The height may be increased to no more than 200 feet, provided that the required setbacks from adjoining property lines, or lease lines, if applicable, are increased by one foot per each one foot in height in excess of 150 feet.
(8)
Communications equipment buildings. Communications equipment buildings associated with the use of a communications tower or with communications antennas mounted on a communications tower shall comply with the required yards and height requirements of the applicable zoning district.
(9)
Access. Access shall be provided to the communications tower and any associated communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all- weather surface for its entire length.
(10)
Parking. Parking shall be provided as required by § 290-29 of this chapter.
(11)
Fencing. Notwithstanding § 290-32 of this chapter, the site of a communications tower shall be secured by a fence with a maximum height of eight feet to limit accessibility by the general public.
(12)
Guy wires. All guy wires associated with guyed communications towers shall be located within the facility's fenced enclosure.
(13)
Signs and lights. No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction, other than those needed to identify the property or warn of any danger or for other safety reasons.
(14)
Maintenance. Communications towers shall be protected and maintained in accordance with the requirements of the Borough's Building Code,[1] as well as federal and state regulations.
[1]
Editor's Note: See Ch. 100, Construction Codes, Uniform.
(15)
Landscaping and screening. The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties.
(16)
Aviation regulations. Communications towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations.
(17)
Removal.
(a)
If a communications facility, communications tower, communications equipment building and/or communications antenna remains unused for a period of six consecutive months, the owner or operator shall dismantle and remove it within six months of the expiration of such six-month period. Costs of removal are to be paid by the owner or operator.
(b)
The owner of the real property on which the communications tower, communications equipment building and/or communications antenna is located shall be responsible for removal in the event that the owner or operator fails to remove in accordance with this chapter.
(c)
If an owner or operator or the property owner fails to remove the communications tower, communications equipment building and/or communications antenna in accordance with this chapter, the Borough shall have the authority to enter the subject property and remove the communications tower, communications equipment building or communications antenna.
(d)
All costs of removal shall be borne by the owner or operator or the property owner, including the event of the Borough's removal of the tower.
(18)
Design. All communications towers within 1,000 feet of a residential district shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Borough.
B.
Additional standards for communications facilities.
(1)
Communications facilities proposed or permitted by conditional use shall meet all standards set forth above and must comply with the following additional requirements.
(2)
Lapse. Any grant of use by conditional use will automatically lapse if the owner or operator's FCC license ever expires, lapses or is revoked.
(3)
Additional landscaping and camouflage requirements for communications facilities. Communications facilities as conditional uses or special exceptions shall be camouflaged behind an effective year-round landscape buffer that is compatible with the uses of the neighboring properties.
C.
Application procedures for all communications facilities.
(1)
The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications facilities, communications tower, communications antennas and communications equipment buildings.
(2)
The applicant shall submit certification from a Pennsylvania registered professional engineer that the proposed communications tower will be designed and constructed in accordance with the current structural standards for material type antenna towers and antenna supporting structures, published by the Electrical Industrial Association/Telecommunications Industry Association, and applicable requirements of the Borough's Building Code, as well as federal and state law.
(3)
The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
D.
Additional application procedures for communications facilities.
(1)
Conditional use permit granting authority. The West Mifflin Borough Council shall have the authority to grant a permit for use as a conditional use for communications facilities, communications towers and communications antennas.
(2)
Preapplication conference. Prior to submission of an application for use as a special exception, the applicant is strongly recommended to meet with the Zoning Officer to discuss the proposed communications facility, tower or antenna in general terms and to clarify the filing requirements. The applicant is encouraged to prepare sufficient preliminary drawings to inform the Zoning Officer of the location of the proposed facility, as well as its overall design.
(3)
Application filing requirements. The following shall be included with an application for a use as a conditional use for all communications facilities and communications towers:
(a)
General filing requirements to Zoning Officer:
[1]
Name, address and telephone number of the applicant and any co-applicants, as well as any agents for the applicant or co-applicants.
[2]
Co-applicants may include the landowner of the subject property, licensed carriers and tenants of the communications tower.
[3]
A licensed carrier shall be either an applicant or co-applicant.
[4]
Original signatures of the applicant and all co-applicants applying for the use by special exception.
(b)
Location filing requirements to Zoning Officer:
[1]
Identification of the subject property, including the property address.
[2]
Tax Map and parcel number of the subject property.
[3]
Zoning district designation.
[4]
A Borough-wide map showing the other existing communications facilities or communications towers in the Borough.
[5]
The proposed locations of all existing and future communications towers in the Borough for this carrier.
(c)
Filing requirements to the Borough Council.
[1]
Any applicant proposing construction of a new communications tower as a use by conditional use shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas on an existing communications tower or other structures (co-locate). A good faith effort shall require that all owners of potentially suitable existing communications towers within a two-mile radius of the proposed communications tower site be contacted, and that one or more of the following reasons for not selecting such location apply:
[a]
The proposed antennas and related equipment would exceed the structural capacity of the existing communications tower, and its reinforcement cannot be accomplished at a reasonable cost.
[b]
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing communications tower, and the interference cannot be prevented at a reasonable cost.
[c]
Such existing communications towers do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.
[d]
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such communications tower exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
[e]
A commercially reasonable agreement could not be reached with the owners of such communications tower.
[2]
In the event that co-location is not feasible, a written statement for the reasons for the unfeasibility shall be submitted to the Borough. The Borough may retain an RF engineer to verify if co-location at the site is not feasible. The cost for such an engineer will be at the expense of the applicant. The Borough may deny a permit if the applicant has not demonstrated a good faith effort to provide for co-location.
(d)
Site plan filing requirements to be submitted to the Planning Commission:
[1]
An applicant proposing construction of a new communications tower as a use by conditional use shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.
[2]
A site plan diagram, drawn to scale at one inch equals 40 feet, showing the following:
[a]
Property lines for the subject property.
[b]
Property lines for all properties adjacent to the subject property and within 300 feet.
[c]
Zoning district designation of all adjacent properties.
[d]
Tree cover for the subject property and adjacent properties, by dominant species and average height, as measured by or available from a verifiable source.
[e]
Outline of all existing buildings, including those on the subject property and within 300 feet.
[f]
Proposed location of the communications tower and communications equipment buildings.
[g]
Proposed fencing, including a description of such fencing and showing the point of entry to the facility.
[h]
Location of all roads, public and private, within 300 feet of the proposed facility, including driveways.
[i]
Distances at grade from the communications tower facility to each building on the site plan.
[j]
Contours at two-foot intervals.
[k]
All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways.
[l]
Representations, dimensioned and to scale, of the proposed communications towers, communications antennas, communications equipment buildings, cable runs, parking areas and any other construction on the property.
[m]
Lines representing the sight line showing the viewpoint and visible point.
[3]
Sight lines and photographs as described below:
[a]
Sight line representation. A sight line representation shall be drawn from any public road within 300 feet and the nearest facade of each residential building within 300 feet to be the highest point of the communications tower. The profiles shall show all intervening trees and buildings.
[b]
Existing condition photographs. Each sight line shall be illustrated by one color photograph of what can currently be seen from any public road within 300 feet.
[c]
Proposed condition photographs. Each existing condition photograph shall have superimposed on it the proposed facility as seen from any public road.
[4]
Design filing requirements to be submitted to the Planning Commission:
[a]
Landscape plan, including existing trees and shrubs, identified by size and species.
[b]
A balloon or crane test at the proposed site to illustrate the height of the proposed facility. The date, time and location of such test shall be advertised in a newspaper of general circulation in the Borough at least 14 days prior to the test.
§ 290-78 Convenience store, large.
A.
Driveways and service areas shall be placed in locations that reduce the chance of interrupting on-site vehicle movement. Buildings must be placed in a manner that screens any drive-through lane and creates pedestrian pathways and spaces.
B.
Where the site is adjacent to residential development or commercially zoned properties, landscaping requirements shall include the construction of a thirty-foot-deep landscaped buffer yard and an opaque or nearly opaque screen consisting of a wall, fence, or evergreen vegetation to a height of at least eight feet, in addition to a minimum total landscaping equal to at least 20% of the area of the site not covered by buildings.
C.
All loading areas shall be at the rear of the building.
D.
Dumpsters and all trash areas shall be totally screened from the public view.
§ 290-79 Country club; golf course.
A.
The lot shall contain not less than 50 acres and shall have direct access to a state or county highway.
B.
All buildings on the lot shall be set back at least 200 feet from any lot line.
C.
The course shall be designed so that golf balls will not be driven over or across any building, building lot, road, access drive, driveway or parking lot. In addition, the golf course design shall minimize the cart path crossing of streets.
D.
No outdoor storage of golf carts or maintenance equipment shall be permitted.
E.
Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.
F.
Parking areas shall be screened from view of neighboring houses or those directly across the street from the lot.
G.
Recreation areas on the lot other than the golf course shall meet the requirements of this chapter.
H.
The golf course itself shall not be lighted.
I.
The residence of a caretaker shall be the only dwelling permitted on the lot.
J.
One identification sign only, at the entrance to the lot, shall be permitted, with each of the sign's two faces maximum not more than 32 square feet in area for each face.
§ 290-80 Crematory.
A.
Any and all odors and smoke generated as part of a crematorium operation shall be in conformance with the performance standards of this chapter.
B.
Loading areas/docks shall be screened with either landscaping or fencing from neighboring uses.
C.
No outdoor storage shall be permitted on a lot associated with a crematorium.
§ 290-81 Drive-through facility.
A.
Minimum stacking space requirements.
(1)
All uses which include a drive-through window or which are characterized by patrons remaining in their vehicles to receive service shall provide on-site stacking spaces in order to alleviate traffic congestion.
(2)
Stacking spaces shall be a minimum of 12 feet in width and 20 feet in length.
(3)
All stacking areas shall be separate from other vehicular and pedestrian circulation aisles and parking spaces. It is recommended that stacking lanes be separated through the use of landscaped islands bounded by concrete curbing.
(4)
The number of stacking spaces required shall be determined by the following schedule:
(a)
Restaurant, fast-food: a minimum of five spaces as measured from the drive-through window.
(b)
Vehicular washes: a minimum of four spaces per car wash bay as measured from the bay.
(c)
Financial institutions: a minimum of four spaces for one drive-through window, plus three spaces for each additional drive-through window or automated teller machines (ATM).
(d)
Other uses with drive-through windows or similar characteristics. For uses not provided herein, the Planning Commission shall determine the appropriate number of stacking spaces based on a use listed above that most closely approximates the proposed use, or through information provided by the developer or owner of the proposed use, or through consultation with other communities containing uses similar to the one proposed, or through a combination of these methods.
B.
Points of vehicular ingress and egress shall be located at least 60 feet from the intersection of two streets. The use will provide adequate ingress and egress to minimize traffic congestion in the public streets, and the site shall be managed to prohibit vehicular queuing for the drive-through backing up into and public right-of-way.
C.
Drive-through lanes and service windows shall be located to the side or rear of buildings.
§ 290-82 Dry-cleaning processing facility.
A.
All materials and equipment shall be stored within a completely enclosed building.
B.
The use shall comply with all performance standards specified in this chapter.
C.
The storage or manufacture of hazardous or potentially hazardous materials which are not listed on file with the Borough shall not be permitted.
§ 290-83 Garden center, plant nursery, landscaping business or greenhouse.
A.
Commercial greenhouse heating plants shall be at least 100 feet from any property sales area.
B.
For commercial greenhouses and garden centers, the retail sales area for a greenhouse shall not exceed 1,200 square feet. The growing area shall not be considered sales area.
§ 290-84 Halfway house.
A.
A halfway house must be licensed where required by an appropriate government agency(ies) and shall be in compliance with all applicable rules and regulations of the licensing body(ies). A copy of any required license must be delivered to the Borough prior to beginning the use.
B.
A halfway house shall be directly affiliated with a parent institution or organization which shall provide full-time supervision and administration to the residents of the house.
C.
A common cooking and eating area must be provided; no cooking or dining facilities shall be provided in individual rooms or suites.
D.
The residents of the halfway house shall reside on premises to benefit from the services provided.
E.
Necessary permits for water supply and sanitary waste disposal must be obtained.
F.
The halfway house shall not be located within 1,000 feet of any the following uses:
(1)
Amusement park;
(2)
Camp (for minors activity);
(3)
Child-care facility;
(4)
Churches and similar places of worship;
(5)
Community center;
(6)
Library;
(7)
Museum;
(8)
Park;
(9)
Playground;
(10)
School;
(11)
Other lands where minors congregate; or
(12)
Another halfway house.
G.
Each application shall be accompanied by a statement describing the following:
(1)
The character of the halfway house;
(2)
The policies and goals of the halfway house, and the means proposed to accomplish those goals;
(3)
The characteristics of the residents and number of residents to be served;
(4)
The operating methods and procedures to be used; and
(5)
Any other facts relevant to the proposed operation of the halfway house.
H.
Any use permit granted for the halfway house shall be bound to the type and number of offenders listed on the application.
§ 290-85 Home occupation.
A.
The employees of a home occupation (other) may include the residents of said dwelling and a maximum of one nonresident.
B.
A home occupation shall not be permitted to be conducted in any accessory structure.
C.
The use shall not create any additional environmental impact other than those impacts, including but not limited to road infrastructure, traffic, garbage, water and sewage, normally resulting from residential use.
D.
The use shall not cause an increase in the use of water, sewerage, garbage, public safety or any other municipal services beyond that which is normal for an average residence in the neighborhood.
E.
The use shall not require internal or external alterations or construction features which change the fire rating of the structure.
F.
There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.
G.
There shall be no storage of materials or equipment outside an enclosed building.
H.
The conduct of any home occupation, including but not limited to the storage of goods or equipment, shall not reduce or render unusable areas required for enclosed parking for the dwelling unit.
I.
The use shall not create greater vehicular or pedestrian traffic than that which is normal for the residences in the neighborhood.
J.
All needs for parking generated by the conduct of a home occupation shall be provided for on the lot.
K.
The home occupation shall not involve the use of vehicles in excess of one-ton capacity or 9,000 pounds' gross vehicle weight for delivery of materials to or from the premises, and such vehicles shall not be parked on the premises.
L.
There shall be no regular display of merchandise available for sale on the premises; however, merchandise may be stored on the premises for pickup and/or delivery. The home occupation shall not involve the use of advertising signs on or off the premises or any other local advertising media which shall call attention to the fact that the home is being used for business purposes other than a telephone listing, website or small classified ad briefly describing the service and providing only a telephone number.
M.
The following uses shall not be considered to be home occupations and shall be limited to the districts in which they are specifically authorized as permitted uses, conditioned uses or uses by special exception:
(1)
Veterinary services.
(2)
Automobile sales, rental, service and repair shops.
(3)
Beauty shops and barbershops containing more than one chair.
(4)
Hospitals, nursing homes, group living facilities.
(5)
Kennels.
(6)
Funeral homes.
(7)
Private clubs.
(8)
Private instruction to more than three students at a time.
(9)
Restaurants.
(10)
Keeping/boarding of horses for commercial enterprise.
N.
Small-family child day-care homes, as defined by this chapter, shall be considered a home occupation, provided that:
(1)
All of the foregoing standards for a home occupation are met.
(2)
All standards and criteria of § 290-72 are met.
O.
Any approved home occupation which requires any type of public access to the dwelling must obtain all required approvals from the Pennsylvania Department of Labor and Industry.
P.
Normal hours of operation shall be a maximum of 7:00 a.m. to 9:00 p.m. for customer/client traffic.
Q.
Two off-street parking spaces may be provided for the home occupation in addition to those required in accordance with § 290-29A.
R.
The home occupation may provide a sign that is not larger than eight square feet in area and may be ground, post or wall mounted. The sign is not permitted to be illuminated.
§ 290-86 Hospital.
A.
The facility operator shall meet all state and federal rules and regulations for hospital facilities.
B.
The facility shall have direct access to a state or county highway.
C.
The institution shall be the sole occupant of the lot.
D.
Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.
E.
Parking areas shall be screened from view of neighboring houses or those directly across the street from the lot.
F.
Buildings on the lot shall be set back at least 40 feet from side lot lines and shall be no higher than 45 feet and 2 1/2 stories.
G.
Buildings shall be set back from one another, and residential occupancy shall be in conformance with this chapter.
H.
The institution shall submit a copy of its emergency operations plan (EOP) to the Borough. The EOP shall include detailed information regarding solid, medical and hazardous materials and wastes used and generated on site, and evidence indicating the disposal of all materials and wastes will be accomplished in a manner that complies with state and federal regulations. The applicant shall provide documentation of compliance to the Zoning Officer from the applicable state or federal agency.
§ 290-87 Junkyard.
A.
Salvage operations shall be completely surrounded with a fence or wall eight feet or more in height, maintained in good condition.
B.
Fences or walls shall be set back from all lot lines at least as far as they are high.
C.
The setback area between the fence and the lot lines shall be kept free of weeds and all scrub growth.
D.
All junk shall be stored or arranged so as to permit access to fire-fighting equipment and to prevent the accumulation of water, and with no junk piled to a height greater than eight feet.
E.
No material may be stored or stacked so that it is visible from adjoining properties and roads.
F.
All additional federal and state laws shall be satisfied. The applicant shall provide documentation of compliance to the Zoning Officer from the applicable state or federal agency.
G.
No oil, grease, fires, gasoline, or other similar material shall be burned at any time. No hazardous materials as defined by state and federal regulations shall be stored or burned at any time.
H.
Any junkyard shall be maintained in such a manner as to cause no public or private nuisance, not to cause any offensive or noxious sounds or odors, and not to cause the breeding or harboring of rats, flies, mosquitoes, or other vectors of disease.
I.
No junkyard shall be located on land with a slope in excess of 8%, sinkhole-prone soils, wetlands, woodlands, or floodplains.
J.
Enclosures shall be constructed of materials that:
(1)
Meet with applicable building codes.
(2)
Conceal the activity within.
K.
Appropriate landscaping as described by other sections of this chapter shall be provided between the enclosures and any public road.
§ 290-88 Kennel.
A.
Such uses shall be located at least 100 feet from any lot line adjoining a residential use or zoning district and at least 50 feet from any other lot line.
B.
The minimum lot area required for the use shall be 80,000 square feet.
C.
Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be adequately secured by a fence with a self-latching gate and shall be screened by a six-foot-high compact hedge or one-hundred-percent-opaque fence on all sides which are visible from any street or residential lot.
D.
If adjacent properties are developed for one-family dwellings, the kennels shall be soundproofed to minimize noise impact on adjacent properties.
E.
The kennel shall be licensed by the Commonwealth of Pennsylvania, and compliance with all applicable rules and regulations of the Commonwealth of Pennsylvania and the Allegheny County Health Department shall be maintained.
F.
At no time shall the animals be permitted to run loose on the lot other than in a completely enclosed area.
G.
This conditional approval shall be subject to periodic inspections to ensure compliance with the conditions of approval.
§ 290-89 Long-term nursing care facilities.
A.
The long-term nursing care facility shall meet all licensing requirements of the Commonwealth of Pennsylvania Department of Health.
B.
The facility shall have direct access to a state or county highway.
C.
The long-term nursing care facility shall be the sole occupant of the lot.
D.
The maximum percentage of the lot covered by buildings shall be 20%.
E.
The maximum impervious surface ratio shall be 50%.
F.
Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.
G.
Parking areas shall be screened from view of neighboring houses or those directly across the street from the lot.
H.
Buildings shall be set back from one another, and residential occupancy shall be in conformance with this chapter.
§ 290-90 Medical marijuana dispensary.
A.
All medical marijuana shall be stored in a locked location not accessible or visible to the public. Excepted from this requirement is medical marijuana on display for purchase. Medical marijuana on display for purchase must be secured in a locked case. Medical marijuana can be in a locked display case during the dispensary's hours of operation, plus a reasonable period of time before and after the store is open. An employee for the medical marijuana dispensary shall be in the room housing the medical display case at all times when the case is housing medical marijuana and the dispensary is open to the public. Medical marijuana shall only be removed from the display case when it is being dispensed to a patient holding a certification issued pursuant to the Medical Marijuana Act, Act No. 16 of 2016,[1] as amended, or it is being transported to or from the secure medical marijuana storage location in the building or another medical marijuana organization.
[1]
Editor's Note: See 53 P.S. § 10231.101 et seq.
B.
A medical marijuana dispensary shall not be located within 1,000 feet of any public, private, or parochial school (kindergarten through 12th grade) or day-care center. This prohibition does not apply to any post-secondary educational facilities.
§ 290-91 Medical marijuana processing facility.
A.
All marijuana, whether in seed form, a living plant, a plant that is being processed, a plant that has been processed, medical marijuana (as defined by 35 P.S. § 10231.103), the remains of the plant following processing, or any other forms, shall be kept at all times in a locked location not open to the public. Medical marijuana being transported to or from any other medical marijuana organization pursuant to the Medical Marijuana Act, Act No. 16 of 2016,[1] shall be exempt from this requirement.
[1]
Editor's Note: See 53 P.S. § 10231.101 et seq.
B.
All refuse generated from the growing and production of medical marijuana shall be stored in a locked location not open to the public. It shall be disposed of in such a manner that the refuse is not accessible to the public at large.
§ 290-92 Mobile home.
A.
Mobile homes, as defined for the purposes of this chapter, shall be located only in approved mobile home parks.
B.
A mobile home that has been converted to real property and taxed as a site-built dwelling may qualify and be regulated as a manufactured home.
§ 290-93 Motel, hotel or inn.
A.
Dropoff/temporary parking areas shall remain free and clear of obstructions for general safety and Fire Department access.
B.
A twelve-foot-wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the site or the development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures.
C.
Service of meals and/or beverages (alcoholic/nonalcoholic) must be secondary to the principal use of room or suite rental.
D.
Secondary eating establishments serving alcoholic beverages or secondary bars or nightclubs must be licensed by the Pennsylvania Liquor Control Board.
E.
The owner(s)/operator(s) of a hotel/motel shall be responsible for the conduct and safety of the renters and guests and shall be available to respond to inquiries and promptly quell any disturbances caused by renters or guests.
§ 290-94 Multifamily dwelling.
A.
Area and bulk requirements as contained in § 290-11 pertaining to multifamily dwelling units shall be applicable to multifamily dwellings; provided, however, if the intended occupants of the proposed multifamily dwelling units are such that Council may assume beyond a reasonable doubt that said dwelling unit's occupancy would be limited to one and not more than two occupants per unit, then the lot area per dwelling unit may, in the sole discretion of Council, be reduced to not less than 500 square feet per multistory, multifamily dwelling unit, and off-street parking standards as contained in § 290-29 may be modified by Council to meet the exigency of that specific development; however, said required off-street parking spaces shall not be reduced to less than one per three dwelling units.
B.
Declarations by the developer or the owner that the proposed dwelling units are to be solely adult occupied and limited to one or two adults are insufficient to meet the burden of proof required for reduction of lot area per dwelling unit. Factors such as age of the intended occupants, profit or nonprofit motivation, possibility of occupants owning one or more vehicles and other such factors shall be considered.
§ 290-95 No-impact home-based business.
In order to be considered a no-impact home-based business, the business or commercial activity must satisfy the following requirements:
A.
The business activity shall be compatible with the residential use of the lot and surrounding residential uses.
B.
The business shall employ no employees other than family members residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E.
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F.
The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
G.
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H.
The business may not involve any illegal activity.
I.
The business shall be allowed a sign not to exceed two square feet in area.
§ 290-96 Oil and gas development.
A.
All activities conducted in association with, and as a part of, oil and gas wells shall be in accordance with the Pennsylvania Oil and Gas Act, 58 P.S. § 601.101 et seq.,[1] as amended, all applicable provisions and requirements contained in this chapter (unless a variance to any provision has been granted by the Zoning Hearing Board) and all other applicable federal, state, county and Borough laws, statutes, ordinances and regulations, including, but not limited to, Chapter 250, Subdivision and Land Development, as amended.
[1]
Editor's Note: 58 P.S. §§ 601.101 to 601.605 were repealed by 2012, Feb. 14, P.L. 87, No. 13, § 3(2), effective 4-16-2012. See now 58 Pa.C.S.A. 3201 et seq.
B.
The operator shall provide the following information with the filing of a conditional use application:
(1)
A map showing the planned access route to the well sites on public roads.
(2)
Information on the status of road bonding, road occupancy permits and/or approvals.
(3)
The operator's erosion and sedimentation plan.
(4)
The well survey plat showing the planned surface location(s) of the well(s).
(5)
The contact information for the operator.
(6)
A stormwater management plan.
(7)
A wastewater treatment and disposal plan.
(8)
A maintenance and protection of traffic plan.
(9)
An executed agreement and/or lease with the existing property owner.
C.
The operator shall comply with any generally applicable bonding and permitting requirements for Borough infrastructure that are to be used by vehicles and equipment for oil and gas development activities. For state and county roads located within the Borough, the operator shall provide a copy of the applicable highway occupancy permit and/or approvals for overweight vehicles to Borough.
D.
The operator shall ensure that Borough infrastructure utilized be protected from damage and remain free of dirt, mud and debris resulting from oil and gas development activities and/or shall ensure such infrastructure be promptly repaired, swept, cleaned, or repaired if damage, dirt, mud and debris occur.
E.
The operator shall prepare and submit to the Borough a maintenance and protection of traffic (MPT) plan for both vehicular and pedestrian traffic, which must be approved by the Borough. The MPT will address the steps necessary and precautions required to ensure the safety of persons and vehicles in areas established for road crossing and/or adjacent to roadways (for example, persons waiting for public or school transportation). The MPT will identify periods of anticipated heavy or frequent truck traffic associated with oil and gas development; during these times, the operator will provide flagmen to ensure the safety of pedestrian and vehicular traffic. Particular attention will be given to children at or near schools or school bus stops and includes adequate signs and/or other warning measures for truck traffic and vehicular traffic.
F.
The operator shall not clear brush or trees by way of burning and shall chip, grind or remove all tree stumps from properties it clears for oil and gas development purposes. However, the operator shall be permitted to, consistent with any relevant outdoor burning ordinance(s), laws and regulations, burn any brush, trees, or stumps that have been removed from the ground and collected into a pile or piles on the properties where the operator is engaging in oil and gas development. A copy of the Allegheny County Health Department Burning Permit will be submitted to the Borough prior to any burning activity.
G.
Prior to oil and gas development, the operator shall provide to the Borough's Police Department, Fire Department and Emergency Management Agency ("first responders") and to the Borough Zoning Administrator a copy of its preparedness, prevention and contingency (PPC) plan that is satisfactory to the Borough.
H.
Before drilling can begin, the Borough shall ascertain whether the Borough's Police Department, Fire Department and Emergency Management Agency have secured adequate information to deal with any potential dangerous conditions that may result due to oil and gas development activities. First responders shall have on-site orientation and be provided with adequate awareness information. The operator will, prior to drilling of an oil and gas well, make available with at least 30 days' notice, at its sole cost and expense, an appropriate site orientation for first responders. Such site orientation shall be made available immediately after any substantial modification to the oil and gas development or well site or not less than annually during the period when the operator anticipates drilling activities in the Borough.
I.
Recognizing that the specific location of equipment and facilities is an important and integral part of oil and gas development, as part of the planning process, the operator shall strive to consider location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with Borough residents' enjoyment of their property and future Borough development activities. The operator shall direct site lighting downward and inward toward the drill site, wellhead, or other area being developed so as to eliminate glare on public roads and adjacent property.
J.
The operator shall install temporary safety fencing, at least six feet in height, around drilling and hydraulic fracturing equipment and install permanent protection fencing meeting OSHA requirements around any pits that contain or could contain water or other liquids at depths greater than two feet. In addition, bird netting must be provided over any pits for wildlife protection.
K.
At least two weeks prior to drilling an oil and gas well or multiple oil and gas wells at a location, the operator shall provide the following information to each property owner within 2,000 feet of the planned surface location of the well(s) and along the travel route of trucks servicing the well(s):
(1)
A copy of the well survey plat showing the location(s) of the planned well(s).
(2)
A general description of the planned operations at the planned well(s) and associated equipment to be used in the oil and gas development of the well(s).
(3)
The contact information for the operator.
(4)
The availability of the operator to hold a meeting with such residents to present the operator's plans for the well(s) and to allow for questions and answers. The meeting(s) shall be held prior to submitting a conditional use application to the Borough. This meeting will be scheduled to allow the public adequate time to submit comments to the Planning Commission.
(5)
At least 10 days prior to commencement of oil and gas development activities, the operator shall provide to the Borough a copy of the drilling permit issued by the Pennsylvania Department of Environmental Protection (DEP). The operator shall also provide a copy of the plat indicating the size of the proposed oil and gas development area. The size of any proposed oil and gas development area must be a minimum of 10 acres.
(6)
In addition to the requirements set forth above, for any oil and gas development well, the operator shall:
(a)
Install an adequate number of warning signs providing notice of the potential dangers at the perimeter of the well site.
(b)
Provide at least one security guard 24 hours per day/seven days per week at all times when a drilling rig or hydraulic fracturing equipment is on the well site.
(c)
Shall not develop or construct a well within 1,000 feet of a protected structure.
(d)
Provide a minimum of a 100-foot buffer zone, as defined in Article II, Terminology; Interpretation, § 290-13 ("buffer area"), to provide a buffer zone between drilling operations and all zoning classifications identified in this chapter, dated April 2010, as amended.
(e)
Provide a minimum setback of 300 feet (which includes the 100-foot buffer zone) from the boundary lines to the safety fencing required in Subsection J.
(7)
All oil and gas development activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m., local time.
(8)
All drilling operations shall be conducted in such a manner to eliminate dust, noise, light, vibration and noxious odors and shall be in accordance with the best accepted practices incident to drilling for oil or gas in urban/suburban areas. All equipment used shall be constructed and operated so that vibrations, dust, odor and other harmful or annoying effects are eliminated by the operations carried on at the drill site.
(9)
Blasting is not permitted.
§ 290-97 Older-adult daily living center.
A.
The older-adult daily living center shall meet all requirements of Pennsylvania Code Title 6, Aging, Part 1, Department of Aging, Chapter 11, Older Adult Daily Living Centers, Subchapter A, Licensure and Operation Requirements.
B.
The facility shall have direct access to a state or county highway.
C.
The older-adult daily living center shall be the sole occupant of the lot.
D.
The maximum percentage of the lot covered by buildings shall be 20%.
E.
The maximum impervious surface ratio shall be 50%.
F.
Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.
G.
Parking areas shall be screened from view of neighboring houses or those directly across the street from the lot.
§ 290-98 Personal care home.
A.
The personal care home shall meet all licensing requirements of the Commonwealth of Pennsylvania Department of Public Welfare.
B.
The personal care home shall be the sole occupant of the lot.
C.
Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.
D.
Parking areas shall be screened from view of neighboring houses or those directly across the street from the lot.
E.
Buildings shall be set back from one another and residential occupancy shall be in conformance with this chapter.
§ 290-99 Public/private utility building.
A.
Structures and facilities shall be sited to create the least damage to the environment.
B.
Normally overhead lines and related equipment may be required to be placed underground in whole or in part of the length of the right-of-way.
C.
Metal or wood pole rather than latticework steel towers will be required for overhead long-distance transmission lines, and no tower shall be within 200 feet of a residence.
D.
The utility shall provide proof that existing rights-of-way cannot be utilized, if a new right-of-way is proposed.
E.
Clearance of vegetation within a right-of-way shall not exceed 20 feet except in the immediate vicinity of structures.
F.
Necessary aboveground buildings shall be located to minimize environmental damage and shall be made as unobtrusive as possible from neighboring properties or streets.
G.
In order to ensure the compatibility of proposed buildings with surrounding development in the district, building character shall be complementary to surrounding properties.
H.
Parking or outdoor storage areas shall be screened from view of adjacent residential properties or those directly across a street.
§ 290-100 Recreation facility, indoor.
A.
All pools, tennis courts, or other comparable facilities shall be considered structures for the purpose of this chapter.
B.
Lot coverage, including structures, parking lots, and buildings, shall not exceed 50% of the tract.
C.
The facility area and lot boundaries shall be landscaped as required by the Zoning Hearing Board to minimize noise projection and make the grounds aesthetically compatible to the surrounding properties.
D.
All structures shall not be less than 100 feet from any lot line and no less than 200 feet from the nearest house.
E.
All facilities shall have a paved parking area in accordance with this chapter, and it shall not be closer than 25 feet to any residential lot line.
F.
All facilities shall abut a public road and have a permanent access thereto.
G.
Alcoholic beverages without a state liquor control board license, amplified music, and jukeboxes shall be prohibited on the premises.
H.
No direct or sky-reflected glare, whether from floodlights or any other kind of light, shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level.
I.
The Zoning Hearing Board may limit hours of operation based on the use and location of the facility in order to minimize negative impacts on surrounding residential neighborhoods. "Operating hours," for the purpose of this section, shall mean the period of time that the recreational or athletic activity is occurring.
J.
All pools shall be surrounded by a fence at least six feet in height, the entrance to which shall be kept locked when an attendant is not present, and shall be constructed in accordance with all applicable state requirements.
K.
Tennis courts shall be protected by a permanent fence 10 feet in height behind each baseline extending 10 feet beyond the playing area in each direction.
L.
Fences for other types of facilities shall be as prescribed by the Zoning Hearing Board.
M.
The developer shall demonstrate the proposal will be compatible with the neighborhood and not adversely affect adjoining lots.
N.
The amount of new traffic generated shall not have a detrimental impact on the neighborhood.
O.
Any proposal for development on a two-lane highway shall include road widening to provide turning lanes for traffic in both directions.
P.
Plans shall clearly show ingress/egress facilities and provide proper sight visibility for motorists.
§ 290-101 Recreation facility, outdoor.
A.
All pools, tennis courts, or other comparable facilities shall be considered structures for the purpose of this chapter.
B.
Lot coverage, including structures, parking lots, and buildings, shall not exceed 50% of the tract.
C.
The facility area and lot boundaries shall be landscaped as required by the Zoning Hearing Board to minimize noise projection and make the grounds aesthetically compatible to the surrounding properties.
D.
All structures shall not be less than 100 feet from any lot line and no less than 200 feet from the nearest house.
E.
All facilities shall have a paved parking area in accordance with this chapter, and it shall not be closer than 25 feet to any residential lot line.
F.
All facilities shall abut a public road and have a permanent access thereto.
G.
Alcoholic beverages without a state liquor control board license, amplified music, and jukeboxes shall be prohibited on the premises.
H.
No direct or sky-reflected glare, whether from floodlights or any other kind of light, shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level.
I.
Hours of operation shall be scheduled to minimize negative impacts on surrounding residential neighborhoods. The Zoning Hearing Board may limit hours within this time frame based on the use and location of the facility. "Operating hours," for the purpose of this section, shall mean the period of time that the recreational or athletic activity is occurring.
J.
All pools shall be surrounded by a fence at least six feet in height, the entrance to which shall be kept locked when an attendant is not present, and shall be constructed in accordance with all applicable state requirements.
K.
Tennis courts shall be protected by a permanent fence 10 feet in height behind each baseline extending 10 feet beyond the playing area in each direction.
L.
Fences for other types of facilities shall be as prescribed by the Zoning Hearing Board.
M.
The developer shall demonstrate that the proposal will be compatible with the neighborhood and will not adversely affect adjoining lots.
N.
The amount of new traffic generated shall not have a detrimental impact on the neighborhood.
O.
Any proposal for development on a two-lane highway shall include road widening to provide turning lanes for traffic in both directions.
P.
Plans shall clearly show ingress/egress facilities and provide proper sight visibility for motorists.
§ 290-102 Research and development facilities.
A.
Loading areas shall not be visible from a public right-of-way or an adjacent residence. A landscaped buffer yard of a minimum of 25 feet in width shall be provided adjacent to all existing residences. Buffer yards shall be landscaped with a combination of deciduous and evergreen trees, shrubs, ornamental grasses and ground covers. Grass, sod, lawn or turf shall not be considered an acceptable plant for use within landscaped buffer yards.
B.
Outdoor storage of foods and/or materials shall not be permitted.
C.
The building height of a research and development facility shall be compatible with the height of buildings on adjacent lots.
D.
To ensure public safety and health, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.
§ 290-103 School; college; university.
A.
The school shall be the sole occupant of the lot and, other than an elementary school, shall have access directly to a state or county highway.
B.
Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.
C.
Parking areas shall be screened from view of neighboring houses or those directly across the street from the lot.
D.
Recreational areas shall be located no closer than 30 feet to an abutting street or 10 feet to other lot lines.
E.
The school's course of instruction or other activities on the lot shall not create noise, dirt, glare, dust or other nuisances on adjacent properties.
§ 290-104 Storage facility, personal, interior unit access.
A.
The storage of hazardous materials such as toxic or explosive substances is prohibited.
B.
Wholesale or retail sales, garage sales, flea markets, or outside storage is prohibited.
C.
All storage units shall gain access from the interior of the building. No unit doors may face the street.
D.
One entrance and one exit overhead door shall be permitted. If the facility abuts residentially zoned property, any loading docks, bays or doors shall not be visible from the residential property.
E.
Ground-floor and upper-floor facades should incorporate architectural and design features typical of office uses, such as varied massing, proportion, facade modulation, high-quality exterior materials and detailing, windows, etc. Unfaced concrete block, painted masonry, pre-cast concrete panels and nonarchitectural metal siding are strongly discouraged.
F.
All areas designed for circulation shall be paved in accordance with Borough paving standards.
G.
Hours of operation and activities must be appropriately scheduled to protect the operation of the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.
H.
The lot shall have direct ingress/egress to a public collector or arterial road, as defined by this chapter, and points of ingress/egress shall not be through a road on which the current use of the majority of lots fronting on the road is one-family dwellings.
I.
Vehicular access to the lot shall be limited to one two-way or two one-way driveways from each arterial or collector road on which the lot has frontage.
J.
All interior driveways shall be paved with an impervious surface sufficient for the loads the driveways are expected to bear.
K.
Storage units shall not be equipped with water or sanitary sewer service.
§ 290-105 Storage facility, personal, exterior unit access.
A.
The storage of hazardous materials such as toxic or explosive substances is prohibited.
B.
Wholesale or retail sales, garage sales, flea markets, or outside storage is prohibited.
C.
The maximum size of the individual storage units shall be 500 square feet.
D.
All areas designed for circulation shall be paved in accordance with Borough paving standards.
E.
Hours of operation and activities must be appropriately scheduled to protect the operation of the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.
F.
The lot shall have direct ingress/egress to a public collector or arterial road, as defined by this chapter, and points of ingress/egress shall not be through a road on which the current use of the majority of lots fronting on the road is one-family dwellings.
G.
Vehicular access to the lot shall be limited to one two-way or two one-way driveways from each arterial or collector road on which the lot has frontage.
H.
All one-way driveways shall have a minimum of one ten-foot parking lane, plus one fifteen-foot travel lane.
I.
All two-way driveways shall provide a minimum of one ten-foot parking lane, plus two twelve-foot travel lanes. Parking lanes may be eliminated where the driveway does not serve storage units.
J.
All interior driveways shall be paved with an impervious surface sufficient for the loads the driveways are expected to bear.
K.
A minimum eight-foot fence with a self-latching gate shall be placed on the interior side of each buffer yard. The fence shall be supplemented with screening material which creates a visual barrier that is at least 80% opaque.
L.
The minimum distance from the face of any storage building to the face of any adjacent storage building shall be 28 feet for storage units which are less than 15 feet in depth and 42 feet for storage units which are more than 15 feet in depth.
M.
The minimum distance from the end of any storage building to the end of any adjacent storage building shall be 20 feet.
N.
The maximum length of any storage building shall be 200 feet.
O.
Maximum lot coverage by all buildings shall be 40%.
P.
Office space may be provided which shall not exceed 5% of the total floor area devoted to storage.
Q.
Storage units shall not be equipped with water or sanitary sewer service.
R.
No business activity other than rental of storage units shall be conducted on the premises.
§ 290-106 Townhouse.
A.
All off-street parking spaces shall be incorporated into the building. Guest parking shall be located no more than 300 feet from each townhouse.
B.
All dumpsters and/or waste collection areas shall be located at minimum of 50 feet from the nearest residential unit and shall be enclosed by a solid masonry screen.
C.
The primary entrance to the multifamily residential units shall be from a primary public or private road.
D.
To minimize potential nighttime lighting pollution and to encourage minimizing negative impacts from impervious surface runoff, buffer yards shall be increased by five feet for a townhouse development. The additional buffer area shall be planted, at a minimum, with turf or ground cover.
E.
The maximum number of contiguous units shall be 10.
§ 290-107 Two-family dwelling.
A.
Such dwellings may occur along an arterial road, on the edge of but within a lot plan abutting such a road with no intervening one-family homes between the two-family dwellings and the road or abutting a commercial or industrial zoned district.
B.
Two-family dwellings shall be located on lots at least 1.5 times larger in area than those required for single-family dwellings in the same zoning district.
C.
All other requirements for one-family dwellings in the same zoning district shall be met.
§ 290-108 Tiny house.
A.
The tiny house shall have a minimum of 150 square feet, and a maximum 400 square feet of habitable floor area.
B.
The tiny house must be served by water and sewer. Connection to public water and/or sewer shall conform to the regulations of the Authority responsible for each utility. If public water and/or sewer is unavailable, the tiny house shall be physically connected to a sewage disposal and water supply system that does not exceed the total number of occupant's maximum capabilities for which the system was designed. Any connection to and/or expansion of an individual on-lot sewage disposal system shall be reviewed by the Sewage Enforcement Officer and the applicant shall present evidence of such review and all necessary approvals.
C.
The tiny house shall provide one off-street parking space.
D.
The setback requirements of the underlying district shall be met.
E.
Based on building type and occupancy of the tiny house, a certificate of occupancy permit is based on approval under the following building code requirements: HUD building codes, NOAH or RV building codes.
(1)
Tiny house on a foundation: Uniform Construction Code (UCC).
(2)
Tiny house on wheels: regulated as a manufactured home by the U.S. Department of Housing and Urban Development (HUD), as a temporary living space by the Recreational Vehicle Industrial Association (RVIA) and according to safety, construction and energy efficiency standards currently used by the National Organization of Alternative Housing (NOAH).
§ 290-109 Vehicle tow and impound lot.
A.
All outdoor storage areas shall be screened by a minimum eight-foot-high solid fence or masonry wall around the entire perimeter of the outdoor storage area.
B.
Hours of towing operation shall be limited to 7:00 a.m. to midnight.
§ 290-110 Warehousing and distribution.
A.
The applicant shall provide a detailed description of the proposed use as it relates to each of the following:
(1)
The nature of proposed on-site activities and operations, the types of materials to be stored, the frequency of distribution and restocking, the duration period of storage of materials and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations;
(2)
The general scale of operation in terms of its market area, specific floor space requirements for each activity, the total number of employees of each shift, and an overall needed site size or area; and
(3)
An assessment of expected environmental impacts (e.g., noise, smoke, dust, litter, glare, outdoor lighting, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances.
§ 290-111 Wholesale distribution facilities.
A.
A wholesale facility shall have one point of ingress and egress to an arterial or collector street.
B.
No storage or transfer of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids shall be permitted.
§ 290-112 Uses not listed.
A.
Where a use is not listed as a permitted use, a conditional use or a special exception use, a landowner and/or developer may request conditional use approval, in which case the Borough Council shall, upon consideration of a recommendation from the Planning Commission, determine if the characteristics of the proposed use are similar in nature to any use listed in § 290-9, Table of Uses. In order to receive approval, the Borough Council must determine that the impact of the proposed use on the environment and adjacent streets and properties is equal to or less than any use specifically listed in the applicable zoning district. In making such determination, the Council shall consider at least the following characteristics of the proposed use:
(1)
The proposed use must be fully consistent and in harmony with the purpose of the district in which it will be located.
(2)
The proposed use shall be in accordance with the community development objectives of this chapter and the Comprehensive Plan, as adopted and amended.
(3)
The floor area of the building or gross area of the lot devoted to the proposed use.
(4)
The number of employees, visitors, customers, etc., resulting from the proposed use.
(5)
The type of products, materials and equipment and/or processes involved in the proposed use.
(6)
Traffic and environmental impacts and the ability of the proposed use to comply with the criteria set forth within the Borough Code.
(7)
The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located. An application for approval as such a use shall be accompanied by a site plan in accordance with Chapter 250, Subdivision and Land Development, and/or Article IX of this chapter, as may be applicable.
B.
When granting a conditional use pursuant to this section, the Borough Council may impose any reasonable conditions it believes are necessary to ensure compliance with this chapter and Chapter 250, Subdivision and Land Development.
