West Mifflin City Zoning Code
ARTICLE VI
General Regulations
§ 290-27 Sign regulations.
See Article XIV.
§ 290-28 General regulations.
A.
Visibility at intersections. A clear sight triangle shall be maintained at all intersections and points of entry on a public road, so that, measured along the center line, there shall be a clear sight triangle of 75 feet minimum from the point of intersection. No obstruction to view will be permitted in this area above the height of 2 1/2 feet and below 10 feet.
B.
Exception to height limitations. The height limitations of this chapter shall not apply to church spires, belfries, domes, monuments, observation towers, radio and television towers, chimneys, smokestacks, flagpoles, masts and aerials, elevators, equipment towers, tanks and other projections neither intended nor used for human occupancy.
C.
Outdoor storage.
(1)
Storage standards for the R-1, R-2, R-3, and R-4 Districts. All storage, with the exception of outdoor furniture and grills that are stored on approved decks and patios, shall be wholly within a permitted structure or shall be screened from view from the surrounding properties and shall be accessory to the permitted use on the site. There shall be no storage in any required front setback.
(2)
Storage standards for the C-1, C-2, I-1, I-2, WD and MUOD Districts.
(a)
Retail products which are for sale or rental may be permitted as outdoor sales and display, so long as such storage does not occur within any public street or block any public right-of-way. Recreational vehicles and other machinery normally displayed for sales purposes on an open lot may be so displayed. No inoperable or not currently licensed vehicles or remnants thereof shall be stored or displayed outdoors. Any area proposed to be used for outdoor sales and display in accordance with this section shall be accurately delineated on the applicable site or development plans.
[1]
Outdoor storage that does not qualify as outdoor sales and display shall be so screened by opaque ornamental fencing, walls or evergreen planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on the ground level. All organic rubbish or storage shall be contained in airtight vermin-proof containers which shall also be screened from public view. Any outside storage not now enclosed shall be permanently enclosed or screened within three years from the date of this chapter.
(b)
Shipping containers may be permitted as an accessory structure only for storage purposes to the side or rear of principal structures in the C-1, C-2, I-1 and I-2 Districts subject to setback and screening requirements.
D.
Accessory buildings and structures.
(1)
All plans for accessory structures shall be submitted to the Building Inspector/Zoning Officer for approval prior to issuance of a permit.
(2)
Jerry-built structures or structures which are to be comprised of makeshift materials or structures which are subject to extreme weathering and unsightly conditions shall not be permitted.
(3)
The principal structure with which an accessory structure is associated must be constructed prior to or simultaneously with the construction of the accessory structure.
(4)
Accessory structures shall be located to the side or rear of the principal structure.
(5)
Location of accessory structures. Accessory structures, including but not limited to storage sheds, detached garages, carports, play structures, residential fire pits, swimming pools and decks associated with swimming pools, shall be located a minimum of five feet from any side or rear property line. They shall not be permitted forward of the front setback line with the exception of certain decks, patios and fences.
(6)
No structures shall be permitted in existing easements.
(7)
Residential fire pits shall conform to Allegheny County open burning and air quality regulations.
(8)
The maximum size permitted for a detached garage associated with a residential use shall be 600 square feet for lots less than 10,000 square feet; 900 square feet for lots between 10,000 and 20,000 square feet; and 1,200 square feet for lots larger than 20,000 square feet. The detached garage shall not be more than 1.5 stories tall.
(9)
Detached garages associated with a residential use shall not be used for living space and shall have a permanent drive leading to the structure.
(10)
The maximum size permitted for a storage shed associated with a residential use shall be 200 square feet.
(11)
Accessory dwelling unit. This accessory use allows a smaller secondary dwelling unit within an existing single-family detached dwelling or on the same lot as the principal dwelling without substantial exterior modification to the existing structure. Accessory dwelling units shall meet the following:
(a)
An accessory dwelling unit shall be permitted as a special exception only to single-family detached dwellings in the R-1 District.
(b)
The accessory dwelling unit shall remain accessory and secondary to the principal single-family detached dwelling.
(c)
No more than one accessory dwelling unit shall be allowed per each lot.
(d)
The accessory dwelling unit shall be permitted only in one of the following configurations:
[1]
Located in the existing principal dwelling as a conversion of existing floor area, such as a garage or upper story, designed so that to the greatest extent possible, the appearance of the principal dwelling remains that of a single-family detached dwelling. Entrances to the accessory dwelling unit shall be located to the side or rear of the building, and there shall be no additions permitted in conjunction with the creation of an accessory dwelling unit except those as may be needed for enclosed stairwells or to meet Borough or state codes.
[2]
Contained within an accessory structure on the same lot as the principal dwelling. The floor area for detached accessory dwelling units shall not exceed 500 square feet for lots with a total area less than 7,500 square feet. If a lot is 7,500 square feet or greater, an accessory dwelling unit may be up to 640 square feet, and for lots in excess of 10,000 square feet, a unit may be up to 800 square feet.
(e)
The accessory dwelling unit shall not exceed 35% of the principal dwelling unit's total floor area and shall have a minimum floor area of 400 square feet.
(f)
Either the principal single-family dwelling or the accessory dwelling unit shall be occupied by the bona fide owner of the property on which both dwelling units are located. Prior to final occupancy of the accessory dwelling unit, the property owner shall record an affidavit and deed restriction stating that the property owner will reside on the property in either the principal or accessory dwelling unit. Once recorded, the deed restriction (requiring owner occupancy) may not be removed or modified without Zoning Hearing Board approval.
E.
Parking and storage of vehicles in all residential districts. In any residential district, the following restrictions shall apply: The parking or storage of any vehicle in the front yard grass area shall be prohibited. All vehicles shall be parked on an improved driveway surface in accordance with the Borough's Subdivision and Land Development Ordinance.[1] Driveways have a minimum width of 10 feet and maximum width of 20 feet.
F.
In all residential districts and the C-1 and C-2 Districts, the parking and storage of the following types of vehicles and equipment is prohibited. Exceptions shall be provided for commercial vehicles associated with an active construction project, for vehicles owned by a governmental agency or utility, and for vehicles customarily associated with the use(s) permitted on the property where they are parked.
(1)
Commercial trucks and/or trailers having a gross weight of more than 14,000 pounds.
(2)
Vehicles, trailers, apparatuses or machines designed for a specific commercial operation or purpose, such as construction; paving; landscaping; hauling dirt, stone or other materials; trenching; planting trees or vegetation; hauling trailers; lifting people or equipment; storage of construction equipment or pumping of water or other substances.
G.
Parking and storage of vehicles in the C-1, C-2, I-1, I-2, WD and MUOD Districts. No tractor-trailer trucks or commercial vehicle having a gross weight of more than 26,000 pounds or in excess of 20 feet in length shall be stored or parked along a public street or on a parcel of land for more than 48 consecutive hours over any seven-day period. No such vehicle should be located within the front yard or within 10 feet of the side or rear property line All such vehicles shall comply with all pertinent local, state and federal laws.
§ 290-29 Off-street parking and loading.
A.
Off-street parking regulations.
(1)
Standards. Off-street parking space(s) with a proper and safe access shall be provided within a structure or in the open to serve adequately the uses on each lot within the district. For purposes of computing car space, including stalls and driveways, parking space for one vehicle shall be equal to at least 320 square feet and shall have a stall of at least 9 1/2 feet by 20 feet in size. Parking spaces shall be adequately marked and shall have an approved all-weather surface to provide safe and convenient access in all seasons.
(2)
Minimum required off-street parking spaces table:
Use | Minimum Off-Street Parking Requirement |
|---|---|
Residential uses: | |
One-family dwelling | 2 spaces per dwelling |
Two-family dwelling | 2 spaces per dwelling |
Multifamily dwelling | 2 spaces in a garage and 1 additional space per dwelling |
Multistory, multifamily dwelling | 2 spaces in a garage and 1 additional space per dwelling |
Tiny house | 1 space per dwelling |
Townhouse | 2 per dwelling and 1 additional space per 3 dwellings |
Mobile home park | 2 spaces per dwelling |
Home occupation | Same as the residential use housing the home occupation |
No-impact home-based business | Same as the residential use housing the home-based business |
Commercial and industrial uses: | |
Adult-oriented use | 1 space per 300 square feet of gross floor area |
Airports | Special study |
Arcade | 1 space per 300 square feet of gross floor area |
Assisted living residence | 1 space per 2 dwelling units |
Automobile service garage | 1 space per employee, plus 2 spaces per service bay |
Automobile sales | 1 space per 500 square feet of gross floor area of sales and service building |
Bed-and-breakfast | 1 space per each guest room offered to overnight guests |
Car wash | Special study |
Casino | Special study |
Child day-care center | 1 space per employee, plus 1 space per 8 children at capacity |
Child day-care home, small family | 1 space per 6 children at capacity, plus the spaces required by the residence |
Child day-care home, large family | 1 space per 6 children at capacity, plus the spaces required by the residence |
Contractor's yard | 1 space per employee, plus 1 space per 1,000 square feet of gross floor area |
Convenience store, large | 6 spaces per 1,000 square feet of gross floor area |
Convenience store, neighborhood | 1 space per 300 square feet of gross floor area |
Drive-through facility | Queue line for 5 vehicles, not blocking any parking spaces, in addition to the other applicable requirements of the use |
Dry-cleaning processing facility | 1 space per 300 square feet of gross floor area |
Funeral homes and mortuaries and crematoriums | 1 space per 3 persons at capacity |
Garden center, plant nursery, landscaping business or greenhouse | 1 space per 500 square feet of gross indoor or outdoor sales or display area |
Gasoline service station | 1 space per 295 square feet of gross retail area devoted to sales of non-automobile-related goods |
Junkyard | 1 space per 500 square feet of gross floor area, plus 1 space per 15,000 square feet of gross outside storage area |
Kennel | 1 space per 400 square feet of gross floor area |
Long-term nursing care facility | 1 space per 3 beds and 1 space per each 2 employees |
Manufacturing | 1 space per employee on the largest shift |
Manufacturing, light | 1 space per employee on the largest shift |
Medical facilities | 1 space per 300 square feet of gross floor area, plus 1 space per doctor and 1 space per each 2 other employees |
Medical marijuana dispensary | 1 space per 300 square feet of gross floor area |
Medical marijuana processing facility | 1 space per employee on the largest shift |
Motel, hotel or inn | 1 space per sleeping unit, 1 additional space per 10 units, and 1 space per employee |
Offices, general | 1 space per 325 square feet of gross floor area |
Older-adult daily living center | 1 space per 300 square feet of gross floor area and 1 space per each 2 employees |
Personal care home | 1 space per 2 dwelling units |
Personal services | 1 space per 300 square feet of gross floor area, plus 1 space per employee |
Personal storage facility | 1 space per 1,000 square feet of gross storage area |
Recreation facility, indoor (private or semipublic) | 1 space per 1.5 members |
Recreation facility, outdoor (private or semipublic) | 1 space per 1.5 members |
Research and development facility | 1 space per 300 square feet of gross floor area |
Restaurant | 1 space per 3 seats or 1 space per 200 square feet of floor area (whichever is greater) |
Retail trade: | |
If less than 10,000 square feet | 1 space per 300 square feet of gross floor area |
If between 10,000 and 20,000 square feet | 1 space per 250 square feet of gross floor area |
If greater than 20,000 square feet | 1 space per 175 square feet of gross floor area |
Transportation terminal | Special study |
Warehouse | 1 space per 2,000 square feet of gross floor area and 1 space per 2 employees |
Wholesale distribution | 1 space per 300 square feet of gross usable sale and display area |
Public, nonprofit and institutional uses: | |
Cemetery | 2 per employee |
Church, place of worship | 1 space per 5 seats |
Civic, social and fraternal club | 1 space per 1.5 members |
College or university | 1 space per 5 students |
Community center | 1 space per 300 square feet of gross floor area |
Communications equipment building | 1 space |
Communications tower | 1 space within the fenced-in area |
Country club or golf course | 1 space per 1.5 members |
Fire station | 1 space per employee |
Halfway house | 2 per house, plus 1 per guest room |
Hospital | 1 space per 3 beds, 1 space per physician, and 1 space per each 2 other employees |
Marina, recreational boat docking | 1 per boat slip |
Municipal, state or federal building or facility | 1 space per 50 square feet of gross floor area |
Public/private utility building | 1 per employee |
School | 2 spaces per 5 students |
B.
Off-street loading regulations.
(1)
Standards.
(a)
Off-street loading and unloading space(s) with proper and safe access from the street or alley shall be provided on each lot where it is deemed by the Building Inspector that such facilities are necessary to adequately serve the uses within the district. Each loading and unloading space:
[1]
Shall be at least 14 feet wide, 60 feet long and shall have at least a fifteen-foot vertical clearance;
[2]
Shall have an all-weather surface to provide safe and convenient access during all seasons; and
[3]
Shall not be constructed between the street right-of-way line and the building setback line.
(b)
Required off-street parking spaces (including aisles) shall not be used for loading and unloading purposes except during hours when business operations are suspended.
(c)
Loading and unloading facilities shall be designed so that a truck, or any portion thereof, need not park in, or effectively block in any manner, any public right-of-way.
(2)
Requirements. At least one off-street loading space shall be provided for all commercial or industrial concerns in excess of 3,500 square feet of floor area. The number of loading and unloading spaces shall be left to the discretion of the developer; however, the standards of this section shall be maintained and the number of proposed spaces approved by the Planning Commission.
§ 290-30 Performance standards for commercial and industrial districts.
The following regulations shall be observed in commercial and industrial districts when required by this chapter:
A.
Fire and explosive hazards. All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety devices against the hazards of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices as detailed and specified by the Department of Labor and Industry and the laws of the Commonwealth of Pennsylvania. In no case shall said amount of storage exceed the quantity necessary for use of the facility.
B.
Radioactivity or electrical disturbances. There shall be no activities which emit radioactivity at any point. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of the disturbance.
C.
Smoke. (See also the Allegheny County Air Pollution Control Standards.) There shall be no emission at any point from a chimney or otherwise for longer than five minutes in any hour of visible gray or visible smoke of any other color with a shade darker than No. 3 of the Standard Ringelmann Chart as issued by the United States Bureau of Mines.
D.
Smoke, ash, dust, fume, vapor, gases and other forms of air pollution. There shall be no emission at any point from any chimney or otherwise which can cause any damage to health, to animals or vegetation or other forms of property or which causes any excessive soiling at any point.
E.
Liquid and solid waste. There shall be no discharge at any point into any private sewerage system or stream or into the ground of any materials in such a way or of such a nature or temperature as can contaminate or otherwise cause the emission of hazardous materials except in accord with the standards of the Pennsylvania Department of Environmental Protection.
G.
Glare. No direct or sky-reflected glare, whether from floodlights or from high temperature process, shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level.
H.
Odor. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive on adjoining streets or adjacent lots.
I.
Central air-conditioning units. Central air-conditioning units shall be located to the rear or top of all structures and in no case shall be located closer than 15 feet to any property line.
§ 290-31 Design standards for commercial and industrial districts.
A.
Off-street parking design standards.
(1)
Parking spaces shall be clearly delineated by painted lines or markers.
(2)
Stalls shall be provided with bumper guards or wheel stops when necessary for safety or protection to adjacent structures or landscaped areas.
(3)
Surface drainage shall be connected to the existing or proposed drainage system.
(4)
All vehicular entrances and exists to parking areas shall be clearly designated for all conditions.
(5)
Short-term visitor parking spaces shall be differentiated from long-term employee spaces by suitable markings.
(6)
If spaces are used during evening hours, appropriate lighting shall be provided.
B.
Screening.
(1)
A planted visual barrier or landscape screen shall be provided and maintained by the owner or lessee of a property between any commercial or industrial district and contiguous residentially zoned districts, except where natural or physical man-made barriers exist. This screen shall be composed of plants and trees arranged to form both a low-level and a high-level screen. The high-level screen shall consist of trees planted with specimens no less than 10 feet in height and two inches in caliper and planted at intervals of not more than 15 feet. The low-level screen shall consist of evergreens planted at an initial height of not less than two feet and spaced at intervals of not more than four feet. The low-level screen shall be placed in alternating rows to produce a more effective barrier. All plants not surviving three years after planting must be replaced.
(2)
Any existing business affected by these regulations at the time of passage of this chapter shall not be required to comply with the above screening requirements except in case of enlargement or major alteration of such business. Similarly, for any zoning district boundary change after the passage of this chapter initiated by a residential developer abutting a commercial or industrially zoned property for which these regulations apply, these screening requirements shall not be imposed upon such property.
C.
Landscaping.
(1)
Any part or portion of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks, and designated storage areas shall be planted with an all-season ground cover and shall be landscaped with trees and shrubs in accordance with an overall landscape plan and shall be in keeping with natural surroundings. A replacement program for non-surviving plants should be included.
(2)
The plot plan must show a satisfactory method of irrigating all planted areas. This may be either by a permanent water system or by hose.
(3)
Any single parking area with 50 or more spaces shall utilize at least 5% of its area in landscaping, which shall be in addition to open area requirements of the district.
D.
Shopping cart storage. Any establishment which furnishes carts or mobile baskets as an adjunct to shopping shall provide definite areas within the required parking space areas for storage of said carts. Each designed storage area shall be clearly marked for storage of shopping carts.
E.
Lighting.
(1)
All parking areas, driveways and loading spaces shall be provided with a lighting system which shall furnish a minimum of 3.5 2.0 footcandles at any point during hours of operation. All lighting shall be completely shielded from traffic on any public right-of-way and from any residential district.
(2)
With regards to a site in the C-2 Shopping Center District involving 75 contiguous acres or more, all parking areas, driveways and loading spaces shall be provided with a lighting system which shall furnish a minimum of 1.5 footcandles at 30 inches above grade at any point during hours of operation, with lighting standards in parking areas being located not farther than 250 feet apart. All lighting shall be completely shielded from traffic on any public right-of-way and from any residential district.
F.
Interior circulation, access and traffic control.
(1)
The interior circulation of traffic shall be designed so that no driveway or street providing parking spaces shall be used as a through street. If parking spaces are indicated by lines with angles other than 90°, then traffic lanes shall be restricted to one way, permitting head-in parking. No driveway or street used for interior circulation shall have traffic lanes less than 10 feet in width.
(2)
Areas provided for loading and unloading of delivery trucks and other vehicles, and for the servicing of shops by refuse collection, fuel and other service vehicles, shall be adequate in size and shall be so arranged that they may be used without blockage or interference with the use of accessways or automobile parking facilities.
(3)
All accessways to any public street or highway shall be located at least 75 feet from the intersection of any two street lines and shall be designed in a manner conducive to safe ingress and egress as determined by the Planning Commission and the Borough Council. Where practicable, exits shall be located on minor, rather than major, streets or highways.
(4)
No design shall be approved which is likely to create substantial traffic hazards endangering the public safety. Safety requirements which may be imposed in such a review shall include traffic control devices, acceleration or deceleration lanes, turning lanes, traffic and lane markings and signs. The developer shall be responsible for the construction of such traffic control devices.
G.
Vehicles. Any movable structure, trailer, automobile, truck or parts of these items or any other items of similar nature allowed to remain on the premises a longer time than that required to load, unload, or otherwise discharge its normal functions shall be considered subject to all regulations set forth in this chapter for buildings and structures.
§ 290-32 Fences and retaining walls.
A.
Hereafter, no fence, wall or other obstruction, whether open or solid, decorative or otherwise, shall be erected in any public right-of-way except by special exception. A fence or wall may be erected within an easement given express written consent from the entity that owns the easement. Fences shall be permitted to be erected up to the property line in accordance with the following restrictions regarding height and type in the allowable yard areas per district.
B.
Fences may be permitted to be installed up to the property line except as provided in § 290-32D. Property owners shall not trespass on adjacent property for fence maintenance.
C.
Retaining walls up to four feet in height shall be set back at least three feet from the property line and will require a survey indicating location. A zoning permit is required.
D.
Driveway retaining walls up to four feet in height shall not encroach onto the public right-of-way. A zoning permit is required.
E.
Hereafter, no solid fence or wall shall be erected in the required front yard setback areas except by special exception in residential zoning districts (R-1, R-2, R-3, and R-4) and C-1. In this connection, a solid fence or wall shall be defined as any fence or wall containing openings therein of less than 50% of its surface area. Solid fences or walls are permitted in C-2, I-1, and I-2.
F.
No fence or wall or other obstruction (except as required by this chapter) over six feet in height shall be erected within any rear or side yard area in any residential zoning district (R-1, R-2, R-3, R-4, and PRO). Fences or walls over six feet in height shall be permitted in commercial and industrial zoning districts (C-1, C-2, I-1, and I-2). This provision shall not apply to the required enclosing of outside storage areas in commercial districts as required by § 290-31C.
G.
Any fence in any district shall have its most finished or decorative side facing the adjacent lot or street, with all posts being on the opposite side.
H.
The use of any type of barbed wire fence or electrical fence is prohibited in the following zoning districts:
I.
No person shall connect, construct, attach or maintain or cause to be connected, constructed, attached or maintained any electrical device for the purposes of running a current of electricity through an exposed and uninsulated fence in any zoning district.
J.
No person shall connect, construct, attach or maintain or cause to be connected, constructed, attached or maintained any type of barbed wire fence in any zoning district.
K.
Fences shall be submitted to the Building Inspector/Zoning Officer for approval prior to issuance of a zoning permit.
§ 290-33 Portable storage units.
A.
Portable storage units are within the definition of "structure." No portion of a tractor-trailer or portion of a similar vehicle shall be considered a portable storage unit.
B.
The following regulations shall be applicable to portable storage units for on-site storage:
(1)
Portable storage units shall not be located in any public right-of-way.
(2)
There shall be no more than one portable storage unit per lot.
(3)
A portable storage unit shall be no larger than 12 feet wide, 16 feet long and eight feet high.
(4)
No portable storage unit shall remain in a residential zoning district in excess of 30 consecutive days unless an extension of the applicable permit has been approved by the Borough. A maximum of three extensions may be granted, and no portable storage unit shall be placed on a lot in a residential zoning district in excess of 120 days in any calendar year. The portable storage unit shall be removed from the lot by the final expiration date on the permit.
(5)
A portable storage unit shall be permitted during construction, reconstruction, alteration or renovation of the principal building and for an additional period of three days before and after such activity, provided a building permit has been issued by West Mifflin Borough. The portable storage unit shall be removed from the lot before the Borough Zoning Officer issues an occupancy permit or if the construction activity ceases for a period of more than seven consecutive days.
(6)
A portable storage unit may be located on a lot during an emergency situation as declared by the appropriate federal, state, county or West Mifflin Borough agency pursuant to a temporary permit issued by the West Mifflin Borough Zoning Officer. The portable storage unit shall be removed from the lot within seven days after the end of the emergency declaration.
(7)
It shall be unlawful for any person to place, or permit the placement of, a portable storage unit on property which he or she owns, rents, occupies or controls without first having obtained a permit therefor from the West Mifflin Borough Zoning Officer.
(8)
Applications for a permit shall be made to the West Mifflin Borough Zoning Officer on a form provided by West Mifflin Borough. The Zoning Officer shall determine the most appropriate location for the portable storage unit to be placed on the lot. A permit fee in an amount to be established from time to time by resolution of the Borough Council shall accompany the application. The issuance of a permit shall allow the applicant to place the portable storage unit on the subject lot in the location specified in the permit in conformance with the requirements of this chapter. The permit shall be posted in plain view on the subject lot.
(9)
This subsection shall not apply to businesses established and operating as an enterprise for the sale and/or rental of portable storage units.
§ 290-34 Swimming pools.
A.
Swimming pools. (See also Chapter 254.)
(1)
Open private swimming pools are considered structures, for the purpose of permits and regulations of all ordinances, if they are constructed, used or maintained to provide recreational facilities for swimming, bathing or wading and capable of containing water to a depth of greater than 18 inches. For the purpose of this chapter, they are not counted as floor area in computing the lot coverage.
(2)
All swimming pools shall not be located in any front yard(s) identified in § 290-11 of this chapter.
(3)
Swimming pools constructed above ground and their surrounding deck structure shall be permitted to encroach into side and rear yards given that the pool and deck structure shall be located a minimum of five feet from side and rear lot lines.
(4)
Swimming pools constructed in the ground and their surrounding walkways shall be permitted to encroach into side and rear yards given that the pool shall be located a minimum of five feet from side and rear lot lines. The measurement shall be taken from the lot line to the edge of the water.
(5)
All swimming pools shall be enclosed by a fence, wall or other substantial barrier not less than four feet high, with a self-closing, self-latching gate, and of such a character as reasonable to prevent access to the pool.
(6)
No swimming pool shall be constructed in the Borough except in accordance with a permit therefor previously secured from the Building Inspector or his duly authorized representative, upon written application accompanied by a plan showing the size, shape, and location of the swimming pool and its enclosure and such other information as may be necessary to enable the Building Inspector to determine whether the pool complies with this chapter.
§ 290-35 Co-location of communications antennas.
Co-location of communications antennas shall be permitted by right if adequate documentation, provided by an engineer, is presented to the Zoning Officer that an existing communications tower or other structure can accommodate the additional antenna without requiring the expansion of the tower, structure, or the lease area for support equipment. Within residential zones, the co-location of communications antennas shall be permitted by right (as specified by § 290-9) only when co-located with a water tower or an existing communications tower. If this documentation is not provided, the co-location of the antenna will be permitted by special exception and subject to the requirements of § 290-77. Co-location of antennas on existing buildings other than a water tower or communications tower within residential zones shall be permitted by special exception and subject to the requirements of § 290-77. Co-location of antenna on existing buildings within nonresidential zones shall be permitted by right if adequate documentation, provided by an engineer, is presented to the Zoning Officer that an existing building can accommodate the additional antenna without requiring the expansion of the building.