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White Oak City Zoning Code

TITLE ONE

Zoning Administration

1301.01 PURPOSE IN VIEW.

   This Zoning Ordinance is enacted for the purpose of promoting the health, safety, morals and general welfare of the inhabitants of the Borough, in accordance with the Comprehensive Plan formulated by Council and designed to:
   (a)   Lessen congestion in  the roads and streets;
   (b)   Secure safety from fire, panic and other dangers;
   (c)   Provide adequate light and air;
   (d)   Prevent the overcrowding of land;
   (e)   Avoid undue concentration of population;
   (f)   Facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements;
   (g)   Conserve the use and indirectly the value of buildings; and
   (h)   Encourage the most appropriate use of land.
      (Ord. 2717. Passed 2-10-86.)
 

1301.02 INTERPRETATION.

   The interpretation and application of the provisions of this Zoning Ordinance shall be made pursuant to the Comprehensive Plan of the Pittsburgh Regional Planning Commission made and submitted to Council November 3, 1960, reviewed and revised by the White Oak Planning Commission, and as modified by Council, delineating the boundaries of specific areas, in each of which only certain designated uses of land are presently, or in the future, shall be permitted so that the community may develop in an orderly and well considered manner; it being the intention of Council and they do hereby declare that the Borough is, and in the future, shall be developed primarily as a residential community, with provisison for sufficient commercial areas to furnish the services and provide for the needs of the residents of the community and sufficient industrial areas to provide a sound tax base.  Such interpretation shall also be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare.  Where the provisions of this Zoning Ordinance impose greater restrictions than those of any statute, other ordinance, or regulation, the provisions of this Zoning Ordinance shall be controlling.  Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this Zoning Ordinance, the provisions of such statute, ordinance or regulation shall be controlling.
(Ord. 2717. Passed 2-10-86.)
 

1301.03 SHORT TITLE.

   This Zoning Ordinance shall be known and may be cited as "THE WHITE OAK ZONING ORDINANCE."  The map as prepared by the Pittsburgh Regional Planning Commission and as revised by the White Oak Planning Commission, showing the division of the Borough into designated zoning districts, shall be known as the Zoning Map, and is hereby made an integral part of this Zoning Ordinance.
(Ord. 2717. Passed 2-10-86.)
 

1301.04 DEFINITION OF TERMS.

   Unless otherwise expressly stated, the following words and phrases shall be construed throughout this Zoning Ordinance to have the meaning herein indicated.
The singular shall include the plural, and the plural shall include the singular.  The word "used" shall include the words "arranged," "designed" or "intended to be used."  The word "building" shall include the word "structure."  The present tense shall include the future tense.
   (1)   "Accessory building" means a building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.
   (2)   "Accessory use" means a use subordinate to the main use of land or of a building on a lot and customarily incidental thereto.
   (3)   "Arterial road" means a public street which serves large volumes of high-speed and long-distance traffic.  Roads classified as arterial in the Borough are Route 48 (Jacks Run Road and Long Run Road) and Lincoln Way.
(Ord. 2717. Passed 2-10-86.)
   (4)   "Attached building" means a building which is attached to two or more other buildings by common vertical walls.  (See also "Building," "Detached Building" and "Semi-Detached Building".)
      (Ord. 2942. Passed 7-19-93.)
   (5)   "Bed and Breakfast Host Home" means private residence occupied by its owner in which the owner occasionally rents spare bedrooms to guests by advance reservation.
      (Ord. 2818. Passed 1-16-89.)
   (6)   "Billboard" means any off-premises sign in excess of 100 square feet in surface area which advertises goods or services which are unrelated to or not available on the premises where the sign is located.
      (Ord. 2853. Passed 3-19-90.)
   (7)   "Buffer area" means a landscaped area of a certain depth specified by this Zoning Ordinance which shall be planted and maintained in trees, grass, ground cover, shrubs, bushes or other natural landscaping material and shall consist of a mix of types and sizes of plant material which meets the standard of providing a compact, year-round visual screen at least six feet in height or an existing natural or constructed physical barrier, including a wall or fence, which duplicates the effect of the required buffer area.
   (8)   "Building" means any permanent structure having a roof supported by columns or by walls intended for the shelter, housing and/or enclosure of persons, animals, equipment, materials or other property. (See also "Attached Building," "Detached Building" and "Semi-Detached Building.")
   (9)   "Building area" means the aggregate of the maximum horizontal cross-section areas, excluding cornices, eaves, and gutters, of all buildings on a lot.
   (10)   "Building coverage" means that percentage of the lot covered by all principal and accessory buildings.
   (11)   "Building line" means the line parallel to the street line at a distance therefrom equal to the depth of the front yard required for the district in which the lot is located.
   (12)   "Cartway" means the portion of a street or alley intended for vehicular use.
   (13)   "Centerline of street or road" means a line midway between and parallel to the right-of-way lines.
   (14)   "Collector road" means a public street which, in addition to giving access to abutting lots, intercepts local streets and provides a route for carrying considerable volumes of local traffic to community facilities and arterial roads.  Streets classified as collector roads in the Borough are Foster Road, McClintock Road, McKee Road, O'Neil Boulevard, Pennsylvania Avenue and State Street.
      (Ord. 2717. Passed 2-10-86.)
   (14.5)   “Communication facilities”  means any communication tower and its associated structures operated by any person, agency or corporation, who or which furnishes mobile domestic cellular radio telecommunications services, or other communications services for public or private use.
   (15)   "Community living arrangement" means a facility which provides room and board and specialized services for not more than eight residents, other than staff, who are in need of supervision, including dependent children adjudicated by the criminal Court system under the age of eighteen, mentally retarded, physically handicapped and mentally disturbed persons of any age, and elderly persons, sixty-two or more years of age, and not more than two live-in supervisors and a maximum of four total supervisors on any shift.  The facility shall be licensed or certified by a sponsoring agency to provide specialized health, social and/or rehabilitative services to the residents.  Twenty-four hour supervision shall be provided by staff qualified by the sponsoring agency.
   (16)   "Community service or shopping center" means a commercial development in which the buildings, roads, walkways, planted areas, parking, loading and related activities are integrated and designed in accordance with an overall plan for the entire site as recommended by the Planning Commission. 
      (Ord. 2717. Passed 2-10-86.)
   (17)   "Construction Trailer" means a transportable structure built on a chasis erected on a site without a permanent foundation which is used for temporary human occupancy as an office for management and supervision of construction, but not including use as a dwelling, on a site for which a building permit has been issued.
      (Ord. 2853. Passed 3-19-90.)
   (18)   "Corner lot" means a lot at the intersection of, and fronting on, two or more street rights of way.
      (Ord. 2942. Passed 7-19-93.)
   (19)   "Day care center" means a facility licensed by the Commonwealth, located within a building which is not used as a dwelling unit, for the care during part of a twenty-four hour day of children under the age of sixteen or handicapped or elderly persons.
   (20)   "Day care home" means a facility licensed by the Commonwealth within a dwelling for the care on a regular basis during part of a twenty-four hour day of not more than six children under sixteen years of age, excluding care provided to children who are relatives of the provider.  Such use shall be secondary to the use of the dwelling for living purposes and persons who do not reside in the dwelling shall not be employed.
   (21)   "Density, net" means the average number of dwelling units per acre of land that is proposed or actually in use for residential purposes.
   (22)   "Density, gross" means the average number of dwelling units per acre of the total acres in the tract of ground.  The total tract includes all lands used for residential purposes, open space, recreation, entrance drives, traversing streets and land used for any or all other purposes.
      (Ord. 2717. Passed 2-10-86.)
   (23)   "Designed Medical Center" means medical professional offices, as defined herein, where two or more medical practitioners are on site at the same time, which may include any of the uses described in Section 1355.03(a) and which are regulated by Article 1355.
      (Ord. 2874. Passed 12-17-90.)
   (24)   "Designed multiple dwelling project" means one in which the various component buildings, roads, walkways, recreational areas, planted areas, parking and related activities are arranged on the site in accordance with an overall plan for the entire site, as recommended by the Planning Commission.
      (Ord. 2717. Passed 2-10-86.)
   (25)   "Detached building" means a building which is surrounded on all sides by open space and which is not attached to any other building by a common vertical wall or any other means.  (See also, "Attached Building" "Building" and "Semi-Detached Building.").
      (Ord. 2942. Passed 7-19-93.)
   (26)   "Dwelling" means any building or portion thereof which is designed for and/or occupied in whole or in part as a home or residence for one or more persons.  It shall not be deemed to include hotels, motels, boarding and rooming houses, institutional homes and residence clubs.
      (Ord. 2717. Passed 2-10-86.)
      A.   "Single family dwelling" means a detached building, including a modular dwelling, containing not less than 500 square feet of usable, enclosed floor area on the first floor of a two-story house and not less than 700 square feet of usable, enclosed floor area of a one-story house.
         (Ord. 2942. Passed 7-19-93.)
      B.   "Two-family dwelling" means a semi-detached building occupied by two families only, independently of each other, including the following:
         1.   "Double house" means a semi-detached building containing two dwelling units attached side-to-side, with separate entrances and separate culinary and sanitary facilities and separated by an unpierced party wall.
         2.   "Duplex" means a semi-detached building containing two dwelling units, one above the other, each having a separate entrance, and separate culinary and sanitary facilities.
      C.   "Multiple dwelling or apartment" means a building, on a lot, designed with separate culinary and sanitary facilities and used exclusively as a residence for three or more families, not including attached or row houses, which are not intended to be referred to when such multiple dwellings are permitted.
      D.   "Townhouse dwelling" means a one-family dwelling unit that is part of a townhouse unit and has a separate entrance and a minimum width of twenty feet center-to-center of party walls.
      E.   "Mobile home" means a transportable, single-family dwelling intended for permanent occupancy contained in one unit, or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
   (27)   "Dwelling unit" means one or more rooms in a building which are used as living quarters for one family and which has permanent cooking, sleeping and sanitary facilities.
   (28)   "Electric substation" means an assemblage of equipment for purposes other than generation or utilization, through which electric energy in bulk is passed for the purpose of switching or modifying its characteristics to meet the needs of the general public, provided that in residence districts:
      A.   An electric substation shall not include rotating equipment, storage of materials, trucks or repair facilities or housing of repair crews; and
      B.   The external design of the installation shall be subject to the approval of the Zoning Hearing Board as a special exception after a public hearing.  In determining the propriety of granting such special exception, the Zoning Hearing Board shall first determine that the external design will not unduly conflict with the design of adjoining residences.
   (29)   "Family" means an individual or two or more persons related by blood or marriage or not more than two individuals who may or may not be related by blood or marriage living together as a single household in a dwelling unit.
   (30)   "Farm" means a tract of land containing not less than five acres upon which are maintained, grown and produced for sale or use on the property:  domestic livestock; horses; farm grains; feeds or hay; fruits; nursery stock; vegetables; dairy products; poultry; eggs or other crops or produce typical of farm activity in Allegheny County.  Kennels for breeding or boarding domestic pets shall be considered farm activity and shall be limited to farm tracts.
   (31)   "Front lot line" means that lot line which bounds the lot contiguous with the street right of way or that lot line through which the lot has access to a street right of way.  (See also "Lot Line," "Rear Lot Line" and "Side Lot Line".)
      (Ord. 2942. Passed 7-19-93.)
   (32)   "Garage" is defined as follows:
      A.   "Community garage" means a building or a group of buildings, one story in height, used exclusively for the storage of motor vehicles for compensation.
      B.   "Private garage" means an accessory building used for the storage of motor vehicles, which may include one commercial vehicle, owned and used by the owner or tenant of the premises, and for the storage of not more than two private, noncommercial vehicles owned and used by persons other than the owner or tenant of the premises, and provided that a private garage may exceed two vehicle capacity when appurtenant to or an integral part of the dwelling.
      C.   "Public garage" means a building, other than a private or community garage, which is available to the general public and is used, with or without compensation, for the parking, storage or rental of motor vehicles, but which is not used for the repair or maintenance of motor vehicles.
      D.   "Repair garage" means a building, or part thereof, used for the service and repair of motor vehicles, including heavy repairs such as engine overhaul, body work and recapping or retreading of tires.
   (33)   "Garden apartment building" means a multiple dwelling structure of not more than three and one-half stories or forty-five feet in height.
   (34)   "Height of building" means a building's vertical measurement from the mean level of the ground abutting the building to a point midway between the highest and lowest points of the roof; provided that chimneys, spires, towers, elevator penthouses, tanks and similar projections of the building shall not be included in calculating the height.
   (35)   "High-rise apartment building" means a multiple dwelling structure of more than three and one-half stories or forty-five feet in height.
   (36)   "Home occupation" means an accessory use of a service character, conducted entirely within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not, in any way, change the residential character of the dwelling.
   (37)   "Hospital" means a building used for the short-term care of patients suffering from physical or mental illnesses, but not including narcotics addiction or those found to be criminally insane, and which may or may not include facilities for major surgery and which may be publicly or privately operated.
   (38)   "Lot" means a parcel of land on which a main building and any accessory buildings are or may be placed, together with the required open spaces.
   (39)   "Lot area" means that area measured on a horizontal plane bounded by the front, rear and side lot lines, exclusive of any area within a street right of way.
(Ord. 2717. Passed 2-10-86.)
   (40)   "Lot line" means that line which describes the limits of a lot and separates it from adjoining properties or rights of way.  (See also "Front Lot Line," "Rear Lot Line" and "Side Lot Line.")
      (Ord. 2942. Passed 7-19-93.)
   (41)   "Lot width" means the horizontal distance between the side lot lines measured at right angles to the front lot line along the minimum required building line.
(Ord. 2717. Passed 2-10-86.)
   (42)   "Mediation" means a voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
      (Ord. 2843. Passed 11-20-89.)
   (43)   "Medical office building" means one in which the building, roads, walkways, planted areas, parking areas and related activities are arranged on a site in accordance with an overall plan for the entire site as recommended by the Planning Commission.
   (44)   "Medical Professional Office" means a professional office, as defined herein, which is exclusively used by physicians, dentists, chiropractors or other medical practitioners and their professional and staff assistants, including diagonostic testing facilities and facilities for the examination and treatment of human patients who are not kept overnight, whether or not the professional office is located in a Designed Medical Center, as defined herein, or in a professional office building or other commercial building.
      (Ord. 2874. Passed 12-17-90.)
   (45)   "Mobile home lot" means a parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
   (46)   "Mobile home park" means a parcel or contiguous parcels of land which have been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
      (Ord. 2843. Passed 11-20-89.)
   (47)   "Modular dwelling" means a single family dwelling intended for permanent occupancy which arrives at a site in one or more prefabricated sections ready for placement on a permanent foundation and which complies with the PA Manufactured Homes Act of 1971 and bears the seal of the Commonwealth.
      (Ord. 2942. Passed 7-19-93.)
   (48)   "Net Floor Area" means the total of the floor areas of a building measured from the interior faces of the walls, excluding stairwells and elevator shafts, common hallways, common lobbies and common restrooms which are not leasable space, HVAC mechanical equipment rooms and interior vehicle parking and loading spaces.
      (Ord. 2942. Passed 7-19-93.)
   (49)   "Nonconforming lot" means any lot which does not comply with the applicable area and bulk provisions of this Zoning Ordinance or amendment thereto, where such use was lawfully in existence prior to the enactment of this Zoning Ordinance or amendment.
      (Ord. 2717. Passed 2-10-86.)
   (50)   "Nonconforming structure" means a structure, or part of a structure, manifestly not designed to comply with the applicable area and bulk provisions of this Zoning Ordinance or an amendment hereafter enacted, which structure lawfully existed prior to the enactment of this Zoning Ordinance or any subsequent amendment.
   (51)   "Nonconforming use" means a use, whether of land or structure, which does not comply with the applicable use provisions of this Zoning Ordinance or an amendment hereafter enacted, which use lawfully existed prior to the enactment of this Zoning Ordinance or any subsequent amendment.
      (Ord. 2942. Passed 7-19-93.)
   (52)   "Nursing home" means a building used for the care of children or the aged or infirm or a place of rest for those persons suffering disorders requiring full-time nursing care, but not including facilities for major surgery or institutions for the care and treatment of narcotics addiction.
   (53)   "Occupancy certificate" means a certificate stating that all work indicated on a building permit has been satisfactorily completed or, in cases not involving construction, that a proposed new use is in conformity with this Zoning Ordinance and the building or lot may be occupied.
   (54)   "Parking space" means an open space or garage, on a lot, used for parking motor vehicles, the area of which is not less than two hundred square feet and to which there is access from a street or alley.
   (55)   "Personal care boarding home" means a facility licensed by the Commonwealth located within a dwelling where room and board is provided to more than three, but not more than twelve permanent residents, other than staff or the operator, who are sixty-two or more years of age, and who are not relatives of the operator; who are mobile or semi-mobile and require specialized services in such matters as bathing, dressing, diet and medication prescribed for self-administration for a period exceeding twenty-four consecutive hours; but who are not in need of hospitalization or skilled or intermediate nursing care, plus a maximum of four staff on any shift.  Twenty-four hour supervision shall be provided by staff qualified by the sponsoring agency. 
(Ord. 2717. Passed 2-10-86.)
   (55.5)   “Portable Home Storage Units” means portable sheds, sometimes referred to as “PODS” that are loaded with goods and materials and temporarily placed on a residential property for the purpose of storing said goods and materials.
      (Ord. 3545. Passed 7-20-09.)
   (56)   "Principal building or structure" means the building(s) or structure(s) on a lot in which the principal use or uses are conducted.
   (57)   "Principal use" means the primary or predominant use of any lot or structure.
   (58)   "Professional office" means the office of a member of a commonly recognized profession, including, but not limited to, medicine, law, architecture, engineering and similar occupations, which is maintained for the conduct of that profession.
(Ord. 2717. Passed 2-10-86.)
   (59)   "Public hearing" means a formal meeting held pursuant to public notice by Borough Council or the Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this Ordinance.
   (60)   "Public meeting" means a forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."
   (61)   "Public notice" means notice published once each week for two successive weeks in a newspaper of general circulation in the Municipality.  Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing.  The first publication shall not be more than thirty days and the second publication shall not be less than seven days from the date of the hearing.
      (Ord. 2843. Passed 11-20-89.)
   (62)   "Rear lot line" means that lot line which is generally opposite to the front lot line, except on corner lots where the lot lines which are opposite to the front lot lines shall be side lot lines.  (See also "Lot Line," "Front Lot Line" and "Side Lot Line".)
   (63)   "Recreational vehicle" means a single axle or multiple axle structure mounted on wheels or otherwise capable of being made mobile, either with its own motive power or designed to be mounted on or drawn by an automotive vehicle for the purpose of travel, camping, vacation and/or recreational use, including, but not limited to, travel trailers, motor homes, tent trailers, boats, boat trailers, pick-up trucks with campers, van campers and horse trailers, but not including mobile homes.
   (64)   "Semi-detached building" means a building which is attached to only one other building by a common vertical wall.  (See also "Building," "Attached Building" and "Detached Building.")
      (Ord. 2942. Passed 7-19-93.)
   (65)   "Service station" means a retail business engaged primarily in the sale of motor fuels or in supplying goods and services generally required in the operation and maintenance of motor vehicles and fulfilling motorists needs, including one or more of the following: the sale of petroleum products; the sale and service of tires, batteries, automotive accessories and replacement items; washing and lubrication services; the supplying of other incidental automotive customer services and products; the performing of automotive maintenance and repair, excluding such repairs as spray painting, body, fender, frame or recapping/retreading of tires.  A service station may also include the operation of a convenience store, provided motor fuel is sold at self-service or full-service pumps as part of the operation.
      (Ord. 2942. Passed 7-19-93.)
   (66)   "Side lot line" means any lot line which is not a "front lot line" or a "rear lot line."  (See also "Lot Line," "Front Lot Line" and "Rear Lot Line.")
      (Ord. 2942. Passed 7-19-93.)
   (67)   "Single and separate ownership" means the ownership of a lot by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any abutting or adjoining lot.
   (68)   "Single Occupancy Medical Professional Office" means a medical professional office, as defined herein, where no more than on medical practitioner is on the site at any given time, including the office and nursing staff necessary to assist the medical practitioner, but not including any additional staff authorized to treat, test or diagnose patients independent of the medical practitioner.
      (Ord. 2874. Passed 12-17-90.)
   (69)   "Signboards" or "billboards" means any structure, or part thereof, on which lettered or pictorial matter is displayed for advertising purposes.
   (70)   "Specialty retail" means an establishment devoted exclusively to the sale of distinctive, high-quality merchandise, including one or more of the following: art and photography galleries, or studios; antiques; books;  boutique items; candles; candy; cards and stationery; cut and dried flowers; gifts; handicrafts; homemade and gourmet food and baked goods; ice cream parlors; interior decorator items; leather goods; men's, ladies' and children's apparel; pipes and tobacco; and shops of a similar nature.
(Ord. 2717. Passed 2-10-86.)
   (71)   "Storage Trailer" means any vehicle or transportable structure which is enclosed and monted on wheels and is used as a conveyance on streets drawn by its own or other motive power intended to carry materials, equipment or other vehicles, but which is not intended for human occupancy, and which is used without permanent foundation as an accessory structure for the storage of goods and materials directly related to the principal use(s) of the lot.
      (Ord. 2853. Passed 3-19-90.)
   (72)   "Street" means a public or private right of way deeded or dedicated for public use, twenty-five feet or more in width, which provides a means of access for vehicles or pedestrians.  The term "street" shall include "road," "highway" and "thoroughfare."
   (73)   "Street line" means the dividing line between a lot and a public street, road or highway legally open or officially plotted by the Borough, or between a lot and private street, road or way over which the owners or tenants of two or more lots held in single and separate ownership have the right of way.
   (74)   "Structure" means any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
   (75)   "Structural alterations" means any change in the support members of a building such as bearing walls, columns, beams or girders; changes in the means of ingress and/or egress, enlargement of floor area or height of a structure; or relocation of a structure from one position to another.
   (76)   "Swimming pool, private" means a swimming pool, capable of containing water of a depth of greater than twenty-four inches, on the lot accessory to a dwelling, which pool is used solely for recreational purposes by the owner, operator or lessee of such a dwelling and his family or by friends invited to use such a pool without payment of fee.  The term shall include all structures, appurtenances, equipment and other facilities incidental to the operation of such a pool.
   (77)   "Telephone central office" means a building and its equipment erected and used for the purposes of facilitating transmission and exchange of telephone or radio telephone messages between subscribers and other business of the telephone company; provided that, in residence districts, such use shall not include the transaction of business with the public, storage of materials, trucks, or repair facilities or housing or repair crews. 
(Ord. 2717. Passed 2-10-86.)
   (77.5)   “Tower site”  means any lot or parcel on which communications facilities, as defined herein, are located or proposed to be located.
   (78)   "Townhouse unit" means a multiple dwelling structure of not more than three stories and not more than thirty-five feet in height containing three or more townhouse dwellings.
   (79)   "Use by special exception" means an authorized use which may be granted only by the Zoning Hearing Board in accordance with express standards and criteria specified in this Zoning Ordinance.
   (80)   "Variance" means relief from the literal terms of this Zoning Ordinance granted by the Zoning Hearing Board in cases of hardship which meet the standards of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.
   (81)   "Yard" means a required open space on a lot which is unobstructed by any portion of a principal structure other than steps, open porches, bay windows, overhanging eaves, gutters or cornices.
      A.   "Front yard" means a yard extending across the full width of the lot and adjacent to the front lot line.  The depth measurement required by this Zoning Ordinance for the front yard shall be the horizontal distance between the front lot line and a line parallel thereto known as the building line.
      B.   "Side yard" means a yard extending from the building line to the rear lot line parallel to the side lot line.  The minimum width measurement required by this Zoning Ordinance shall be the horizontal distance between the side lot line and a line parallel thereto.
      C.   "Rear yard" means a yard extending across the width of the lot between the side yard lines and adjacent to the rear lot line.  The minimum depth measurement required by this Zoning Ordinance shall be the horizontal distance between the rear lot line and a line parallel thereto.
   (82)   "Zoning certificate" means a written form issued by the Zoning Officer which certifies that the use of land, buildings or other structures is in compliance with the provisions of this Zoning Ordinance.
   (83)   "Zoning Map" means the official map delineating the zoning districts of the Borough together with all amendments subsequently adopted.
   (84)   "Zoning Officer" means the designated official or an authorized representative appointed by Council whose duty it shall be to administer this Zoning Ordinance.
 
 
 

1305.01 ENFORCEMENT.

   (a)   The Zoning Officer shall administer and enforce the provisions of this Zoning Ordinance.  The Zoning Officer shall be appointed by Borough Council and shall hold no elective office in the Borough.  The Zoning Officer shall meet the qualifications established by the Borough and shall be able to demonstrate, to the satisfaction of the Borough, a working knowledge of municipal zoning.  The Zoning Officer shall be empowered to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his/her employment.
 
   (b)   The Building Inspector shall serve as Zoning Officer and shall have all the powers and duties conferred on the Zoning Officer by this Zoning Ordinance and the Pennsylvania Municipalities Planning Code (Act 247, as amended).  It shall be his duty to examine all applications for permits, issue permits for construction, uses or occupancy which are in accordance with the requirements of this and other applicable ordinances, record and file all applications for permits with accompanying plans and documents, and make such reports as Council may require.
 
   (c)   Permits for construction or uses which require a special exception or variance to requirements of this Zoning Ordinance shall be issued only upon order of the Zoning Hearing Board.
 
   (d)   The Building Inspector shall have the right of access of and to any building being constructed, altered, moved and removed; to visit and inspect the same when reasonably necessary; to stop work not complying with the provisions of this Zoning Ordinance; and to issue enforcement notices to require compliance with the provisions of this Zoning Ordinance.
 
   (e)   The Enforcement Notice shall contain the following information:
      (1)   The name of the owner of record and any other person against whom the Municipality intends to take action
      (2)   The location of the property in violation.
      (3)   The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this Zoning Ordinance.
      (4)   The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
      (5)   That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in this Zoning Ordinance.
      (6)   That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
         (Ord. 2843.  Passed 11-20-89.)
 

1305.02 REQUIREMENTS OF BUILDING PERMITS.

   A building permit shall be required prior to the razing, erection or structural alteration of any building, structure or portion thereof, or prior to the moving of a building into the Borough or from one place in the Borough to another, or prior to the use or change in use of a building or land, or prior to the change or extension of a nonconforming use. 
(Ord. 2717.  Passed 2-10-86.)
 

1305.03 APPLICATION FOR BUILDING PERMITS.

   Applications for building permits shall be made in writing to the Building Inspector on such forms as may be furnished by the Borough.  Such application shall include building and plot plans of a satisfactory nature and shall contain all information necessary for such officer to ascertain whether the proposed erection, alteration, use or change in use complies with the provisions of this Zoning Ordinance.  All applications shall be subject to the following requirements and procedures:
   (a)   General.  Any person, or persons, or corporation desiring to erect, construct, reconstruct, place or remodel or alter any building or buildings within the limits of the Borough shall furnish the Building Inspector three copies of a full and complete set of construction drawings and specifications, together with a landscaping and plot plan of the same, which shall remain the property of the Borough.  The Building Inspector shall refer all plans, other than for single-family residential buildings, to the Planning Commission, who together with its consulting engineer shall review and approve the plans before a building permit shall be issued.  No permits to erect, construct, reconstruct, place, remodel or alter any building shall be granted by the Building Inspector unless such construction plans, specifications, landscaping plans and plot plans are in conformity with ordinances of the Borough and Acts of the Assembly of the Commonwealth.
      All plans referred to the Planning Commission for review and approval shall be prepared by and bear the seal of a registered professional engineer or architect, except that plot plans may be prepared by a registered land surveyor who is licensed to practice in the Commonwealth.
   (b)   Plan Approval.  For all applications which are subject to Section 1305.05, to assure architectural and landscaping integrity, prior approval by the Planning Commission will be required for the user's site plan, landscaping and construction plans, sign design (including supporting structures) and contemplated improvements.  Plans should show, among other things, the location of the principal and accessory structures on the site and their relation to one another; the exterior building materials and colors to be used in construction; traffic circulation features within the site; the location of vehicular access onto the site; the height and bulk of structures; the provision for automobile parking spaces; the provision for other open space on the site; the landscaping, paving, fences, and walls on the site; and the display of signs.  The plans should include color renderings of selected elevated views.  In considering plans submitted, the developer shall show due concern for the safety and convenience of traffic movement both within the site covered and in relation to access streets, as well as the harmonious and beneficial relation of structures and users on the site with other properties in the area.
   (c)   Building Plans.  Any application for a building permit shall be accompanied by a complete set of construction plans showing the details of construction, including the foundation details and wall sections.  Roof loading shall be designated to carry a minimum live load of forty pounds per square foot.  Elevation views shall show the types of construction material to be used on all of the exterior wall surfaces.  The Building Inspector shall not issue a building permit to any applicant unless all approvals have been secured from the Planning Commission and proof of satisfactory compliance with the Pennsylvania Department of Labor and Industry's Fire and Panic Code is provided.
   (d)   Site Plans and/or Plot Plans.  Any application for a building permit shall also be accompanied by a plot plan of the premises.  Such plot plan shall include:
      (1)   A location plan showing the general relationship of the property to Borough roads, County roads and legislative routes.
      (2)   A plan of the property drawn to scale, showing the actual dimensions of the lot to be built upon.  If this lot is separate from other parcels on the same property, a small scale plan should be provided indicating the location of the lot to be built upon with respect to the rest of the property.
      (3)   The exact size and location of the building on the lot and accessory buildings to be erected.
      (4)   Location of the required building setback line and location of buildings on property adjacent to the property to be improved.
      (5)   Names and addresses of the owner or owners.
      (6)   Names and addresses of the registered engineer or surveyor who prepared the plan.
      (7)   North point; date and graphic scale.
      (8)   Existing and proposed contours at no greater than five foot intervals and bench mark or datum to which the building elevations refer.  All contour elevations shall be based on the National Geodetic Vertical Datum.
      (9)   Names of owners of any adjacent properties.
      (10)   All streets, utilities and improvements adjoining the property, serving the property or traversing the property.
         A.   Streets shall show names, right-of-way widths and cartway widths.
         B.   General drainage plan for storm water and/or storm sewers.  Calculations for sizing of storm sewers shall be provided upon request of the Borough Engineer.
         C.   Proposed water, sanitary sewage, electric, gas or other possible utilities serving the lot, including the location of valves, curb boxes, fire hydrants, vaults, manholes and poles.
         D.   Proposed designation of parking stalls, parking lots and traffic circulation for the site, including ingress and egress.
   (e)   Landscaping Plans and Specifications.  Any application for a building permit shall also be accompanied by a plan showing the proposed landscaping of the premises in addition to the other items required to be submitted with the application for a building permit.  Proposals for landscaping may be shown on the site plan.  The plan shall show what improvements and landscaping are to be completed on the entire premises and shall provide, as a minimum requirement, ground cover of grass, plants or artificial materials on the portion of the premises not occupied by any building, driveway or parking area, excluding any portion of the premises left in its natural wooded state and not disturbed during construction and kept free of junk, debris, dangerous, objectionable or noxious matter.  The requirements for landscaping shall be completed and growing within one year after completion of the building.  All streets, driveways and parking areas on property used for purposes other than single-family residences shall be surfaced with concrete, bituminous asphalt, brick or other similar material.
      (Ord. 2717.  Passed 2-10-86.)
 

1305.04 ISSUANCE OF BUILDING PERMITS.

   Building permits shall be granted or refused within ten days after date of application.  In case of refusal, the applicant shall be informed of his right to appeal to the Zoning Hearing Board.  Upon completion of the erection or alteration of any building or portion thereof authorized by any permit, and prior to occupancy or use, the holder of such permit shall notify the Building Inspector of such completion; and no such permit shall be considered complete or permanently effective until the Building Inspector has issued an occupancy permit as hereinafter provided. 
   All applications for such permits with their accompanying plans and documents shall be public records.  No building permit shall be issued for the erection of any new building upon any lot that fronts upon an unopened or unapproved street, excepting only buildings in designed multiple dwelling projects or community service or shopping centers as herein otherwise regulated.
   The aforesaid ten day period during which a building permit shall be granted or refused shall not apply for those permit applications requiring action by the Planning Commission under Section 1305.05.
(Ord. 2717.  Passed 2-10-86.)
 

1305.05 PLANNING COMMISSION REVIEW.

   All building permit applications, except those applications made for single-family dwellings or for any other application which does not involve the erection, construction, reconstruction, placement, remodeling, alteration, expansion or enlargement of a non-single-family building or any substantive changes to the site, shall be submitted to the Planning Commission.  Applications for remodeling or alterations in structures located within the C1 and C2 commercial districts and non-conforming commercial uses in residential districts which in the judgment of the code enforcement officer do not involve a change in the basic commercial use, shall not be submitted to the Planning Commission.  The Commission shall review such applications and all supporting documents and information.  After review, the Planning Commission shall then recommend issuance of the building permit as requested or that the permit be refused because of noncompliance with the Zoning Ordinance or other ordinance or regulation of the Borough or other governmental agency.  The Building Inspector shall be bound by the action of the Planning Commission.  In the case of refusal or unacceptable change made by the Planning Commission, the applicant shall be informed of his right of appeal to the Zoning Hearing Board.
   This section shall in no way negate or alter any other requirements of this Zoning Ordinance for processing an application through the Zoning Hearing Board, either generally or under a specific section.
(Ord. 2749.  Passed 9-10-86; Ord. 3131.  Passed 9-20-99.)
 

1305.06 APPLICATION FOR USE AND OCCUPANCY CERTIFICATES.

   Application for use and occupancy certificates shall be made in writing to the Building Inspector on such forms as may be furnished by the Borough in accordance with the following:
   (a)   Application for Use Certificates.  No use of vacant land, other than agricultural use, shall be made, nor shall any existing use of a building, structure or land be changed until a certificate of use has been issued by the Building Inspector.
   (b)   Application for Occupancy Certificates.  Applications for occupancy certificates shall be accompanied by the following:
      (1)   In the instance of a single building, an affidavit of the owner verifying that all work has been completed in full compliance with the requirements of the original building permit, the accompanying plans, specifications and documents, as well as the provisions of this Zoning Ordinance and other applicable ordinances.
      (2)   In the instance of designed multiple dwelling projects, designed medical clinic or medical office buildings or community service or shopping center projects, the certificates of the supervising architect certifying that such project has been completed and that all paving, landscaping, screening and buildings have been completed in accordance with the plans, specifications and documents originally filed with the application for building permit, together with a plan showing the as-built location of all buildings, structures, paving, screening, and buffer strips and areas, and access roads.
   (c)   Additional Requirements for Occupancy of Designed Medical Centers or Single Occupancy Medical Professional Offices.  In addition, the following shall be required for designed medical centers:
      (1)   A notarized statement regarding the total number of professional staff and other employees to be employed on all shifts in the designed medical center shall be required as a condition precedent to obtaining a certificate of occupancy.
      (2)   Annual renewal of the certificate of occupancy in January of every year shall be required to determine the current number of professional staff and other employees actually employed on all shifts in the designed medical center.  In the event that the total number of professional staff and employees has changed since the original certificate of occupancy or any subsequent renewal, the Zoning Officer shall determine compliance with parking requirements as a condition precedent to issuing renewal of the certificate of occupancy.
         (Ord. 2717.  Passed 2-10-86.)
      (3)   In the event that retail space or a professional office which is not initially proposed as a designed Medical Center or Single Occupancy Medical Professional Office, as defined herein, is converted to a Single Occupancy Medical Office, the Zoning Officer shall determine compliance with parking requirements for the new use as a condition precedent to issuing the Certificate of Occupancy.
         (Ord. 2874.  Passed 12-17-90.)
 

1305.07 ISSUANCE OF USE AND OCCUPANCY CERTIFICATES.

   Use and occupancy certificates shall be granted or refused within ten days after date of application; and in case of refusal, the applicant shall be informed of his right of appeal to the Zoning Hearing Board.  Before the Building Inspector issues such use and occupancy certificate, he shall make or cause to be made such investigation as he may deem necessary to ascertain whether the requirements of the original building permit, accompanying plans, specifications and documents and other requirements of this Zoning Ordinance and other applicable ordinances or regulations of the Borough have been fully complied with.  In the event that such application is refused, the Building Inspector shall submit, in writing, a statement of the reasons upon which such refusal is based.
 

1305.08 REVOCATION OF PERMITS.

   A certificate of use or a certificate of occupancy may be revoked by the Zoning Officer if the holder of the certificate has failed to comply with any of the requirements of this Zoning Ordinance or with any conditions attached to the issuance of the certificate.  The holder of the certificate may also be subject to the penalties for violation of this Zoning Ordinance as provided for in Section 1319.02.  A building permit may be revoked by the Building Inspector, if the holder of the permit has failed to comply with any of the requirements for issuance of the permit or any of the conditions attached to its issuance, or if the certificate of use has been revoked.
(Ord. 2717.  Passed 2-10-86.)
 

1305.09 EXPIRATION OF PERMITS.

   No permit for the erection, razing, change, alteration or removal of a building shall be valid or effective after six months from the date of issuance thereof, except only as otherwise herein provided for community service or shopping center projects, and shall thereafter be void unless the work authorized by the permit has been substantially commenced within six months from the date of issuance and proceeded with, with due diligence.  If, however, the applicant has been delayed in proceeding with the work for which the permit was granted by reason or any reasonable cause not due to his own negligence, the permit may be renewed for an additional six months without additional cost to the applicant.  If a total of twelve months from the date of issuance of the permit expires, the permit shall be void and there shall be no further extensions and all work shall cease.  The expiration of the permit shall not restrict the applicant's right to reapply for a new permit, subject to payment of all required fees.
(Ord. 2942.  Passed 7-19-93.)
 

1305.10 TEMPORARY PERMITS.

   A temporary permit may be authorized by the Zoning Hearing Board as a special exception for a nonconforming structure or use which it deems beneficial to the public health or general welfare or which it deems necessary to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Borough.  Such a permit shall be issued for a specified period of time not exceeding six months, and may be renewed for an aggregate period of not more than two years, except with the consent of Council.
(Ord. 2717.  Passed 2-10-86.)
 

1305.11 FEES.

   Fees for permits shall be paid in accordance with a fee schedule to be adopted by resolution of Council, and all such fees shall be paid to the Borough for deposit into the Borough treasury.  Each applicant for an appeal, special exception or variance shall, at the time of making application, pay a fee, in accordance with the aforementioned fee schedule, for the cost of advertising and mailing notices as required by this Zoning Ordinance and the rules of the Zoning Hearing Board.
(Ord. 2717.  Passed 2-10-86.)
 
 
 

1309.01 MEMBERSHIP.

   The membership of the Zoning Hearing Board shall consist of three residents of the Borough appointed by Borough Council.  Their terms of office shall be three years and shall be so fixed that the term of office of one member shall expire each year.  The Board shall promptly notify Borough Council when vacancies occur.  Appointments to fill vacancies shall be only for the unexpired portion of the term.  Members of the Board shall hold no other office in the Borough, including membership on the Planning Commission and Zoning Officer.
(Ord. 2843.  Passed 11-20-89.)
 

1309.02 APPOINTMENT OF ALTERNATE MEMBERS.

   Borough Council may appoint by Resolution at least one, but no more than three, residents of the Borough to serve as alternate members of the Board.  The term of office of an alternate member shall be three years.  When seated pursuant to the provisions of Section 1309.03, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the power and duties set forth in this Zoning Ordinance and as otherwise provided by law.  Alternates shall hold no other office in the Borough, including membership on the Planning Commission and Zoning Officer.  Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board unless designated as a voting alternate member pursuant to Section 1309.03.
 

1309.03 PARTICIPATION BY ALTERNATE MEMBERS.

   If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Board shall designate as many alternate members of the Board to sit on the Board as may be needed to provide a quorum.  Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case.  Designation of an alternate pursuant to this section shall be made on a case by case basis in rotation according to declining seniority among all alternates.
(Ord. 2843.  Passed  11-20-89.)
 

1309.04 JURISDICTION OF THE BOARD.

   The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudication in the following matter:
   (a)   Substantive challenges to the validity of all land use ordinance, except curative amendments brought before Borough Council.
   (b)   Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption which challenges shall be raised by an appeal taken with thirty days after the effective date of this Zoning Ordinance.
   (c)   Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit, or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot.
   (d)   Appeals from a determination by the Borough Engineer or the Zoning Officer with reference to the administration of any flood plain or flood hazard ordinance or such provisions within a land use ordinance.
   (e)   Applications for variances from the terms of this Zoning Ordinance and flood hazard ordinance or such provisions within a land use ordinance pursuant to Section 1309.06.
   (f)   Applications for special exceptions under this Zoning Ordinance or flood plain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to Section 1309.07.
   (g)   Appeals from the Zoning Officer's determination under Section 916.2 of the Pennsylvania Municipalities Planning Code. (Act 247, as amended.)
   (h)   Appeals from the determination of the Zoning Officer or Borough Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and storm water management insofar as the same relate to development not involving subdivision and land development or planned residential development.
      (Ord. 2843.  Passed 11-20-89.)
 

1309.05 CONTENT OF APPLICATIONS.

   Applications and appeals filed for consideration by the Zoning Hearing Board shall be submitted to the Building Inspector, specifying the grounds for the application or appeal and including the following information:
   (a)   The name and address of the applicant or appellant;
   (b)   The name and address of the owner of the zoning lot to be affected by such proposed change or appeal;
   (c)   A brief description and location of the zoning lot to be affected by such proposed change or appeal;
   (d)   A statement of the present zoning classification of the zoning lot in question, the improvements thereon and the present use thereof;
   (e)   A statement of the section of this Zoning Ordinance under which the appeal is made and reasons why it should be granted or a statement of the section of this Zoning Ordinance governing this situation in which the alleged erroneous ruling is being appealed and the reasons for this appeal; and
   (f)   A reasonably accurate description of the present improvements and the addition or changes intended to be made under this application, indicating the size, material and general construction thereof.  In addition, there shall be attached a plot plan of the real property to be affected, indicating the location and size of the lot and size of improvements existing thereon and proposed to be erected thereon.
      (Ord. 2843.  Passed 11-20-89.)
 

1309.06 VARIANCE APPEALS.

   Upon appeal from a decision by the Zoning Officer and within thirty days of such appeal, the Board shall hear requests for variances where it is alleged that the provisions of this Zoning Ordinance inflict unnecessary hardship on the applicant.  The Board shall prescribe the form of application and require preliminary application to the Building Inspector.  The Board may grant a variance, provided the following findings are made where relevant in a given case:
   (a)   That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this Zoning Ordinance in the neighborhood or district in which the property is located;
   (b)   That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this Zoning Ordinance and the authorization of a variance is therefore necessary to enable the reasonable use of the property;
   (c)   That such unnecessary hardship has not been created by the appellant;
   (d)   That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located nor substantially or permanently impair the appropriate use or development of adjacent property nor be detrimental to the public welfare; and
   (e)   That the variance, if authorized, will represent the minimum variance which will afford relief and the least modification possible of the regulation in issue.
   In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Zoning Ordinance.
(Ord. 2717.  Passed 2-10-86.)
 

1309.07 SPECIAL EXCEPTION APPLICATIONS.

   In this Zoning Ordinance, special exceptions may be granted or denied by the Board pursuant to express standards and criteria.  The Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria.  In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this Zoning Ordinance, as it may deem necessary to implement the purposes of this Zoning Ordinance.  The Board shall pursue the following procedure:
   (a)   The Board's decision to grant a permit for special exception use shall be made only after a due notice to parties in  interest and a public notice and hearing held pursuant to Section 1309.10.  Such permit shall apply specifically to the application and plans submitted and presented at such public hearing.  Any subsequent amendments or additions shall be subject to review and public hearing by the Zoning Hearing Board as a special exception use.
   (b)   No application for a permit shall be granted by the Zoning Hearing Board for any special exception use until the Board has first received and considered an advisory report thereon from the Planning Commission with respect to the location of such use in relation to the needs and growth pattern of the area and, where appropriate, with reference to the adequacy of the site area and arrangement of buildings, driveways, parking areas, offstreet truck loading spaces and other pertinent features of the site plan. The Planning Commission shall have thirty days from the date of its receipt of the application within which to file its report thereon.  In the event the Commission fails to file its report within thirty days, such application shall be deemed to have been approved by the Planning Commission.
   (c)   The Commission may have representation at the public hearing held by the Zoning Hearing Board on such application.  After receipt of the report, the Zoning Hearing Board shall hear the application in the same manner and under the same procedure as it is empowered by the law and ordinance to hear the cases and grant variances to the provisions of this Zoning Ordinance.  The Zoning Hearing Board may thereafter direct the Building Inspector to issue such permit if, in its judgment, the use meets all specific provisions and criteria contained in this Zoning Ordinance and the following general provisions:
      (1)   That the proposed use is in accordance with the spirit, purpose and intent of the Comprehensive Plan and in conformance with all applicable requirements of this Zoning Ordinance and the Borough of White Oak subdivision and Land Development Ordinance.
      (2)   That the proposed location of a public, industrial or commercial use is suitable with respect to probable effects on highway traffic and that it is suitable with respect to adequate access arrangements in order to protect major streets and highways from undue congestion and hazard.
      (3)   That there are adequate sanitation and public safety provisions, where applicable, and that a certificate of adequacy of sewage and water facilities from a governmental health agency in any case required herein has been obtained.
      (4)   That all public, commercial or industrial parking, loading access or service areas shall be adequately illuminated at night while in use and that such lighting, including sign lighting, shall be arranged so as to protect the highway and the neighboring properties from direct glare or hazardous interference of any kind.  Offstreet loading shall be in accordance with the provisions of Section1363.05.  Off-street parking shall be provided in accordance with the provisions of Section 1363.03.
      (5)   That such use conforms to the minimum area and yard requirements of the district and to the buffer and screening requirements of the district.
      (6)   That the vehicular access to such building or use and to such off-street parking area be located not closer to an intersection that one hundred feet measured from the intersection of the road right-of-way lines at the corner where the proposed building or use is to be located and to the edge of the proposed access way.
      (7)   That operations in connection with any special exception shall not be more objectionable to nearby properties by reason of noise, fumes, vibration or lights than would be the operations of any permitted use.
   (d)   The Zoning Hearing Board may impose whatever conditions regarding layout, circulation and performance it deems necessary to insure that any proposed development will secure substantially the objectives of this Zoning Ordinance.
      (Ord. 2717.  Passed 2-10-86.)
 

1309.08 CHALLENGE TO VALIDITY OF THIS ZONING ORDINANCE.

   (a)   The Board shall hear challenges to the validity of this Zoning Ordinance except in matters involving procedural questions or when the appellant chooses to appeal directly to Court or to Council as provided in Article X of the Pennsylvania Municipalities Planning Code.
 
   (b)   In all such challenges, the Board shall take evidence and make a record thereon.  At the conclusion of the hearing, the Board shall decide all contested questions and make findings on all relevant issues of fact, which shall become part of the record on any subsequent appeal to Court. 
(Ord. 2717.  Passed 2-10-86.)
 

1309.09 ORDERS.

   In exercising the above-mentioned powers, the Zoning Hearing Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, including any order requiring an alleged violator to stop, cease and desist, appealed from and may make such order, requirement, decision or determination, including a stop order or orders to cease and desist, as ought to be made.  Notice of such decision shall forthwith be given to all parties in interest.
(Ord. 2717.  Passed 2-10-86.)
 

1309.10 RULES.

   The Zoning Hearing Board shall adopt rules in accordance with the provisions of this Zoning Ordinance.  Such rules shall include, but shall not be limited to, the manner of filing applications for special exceptions and variances from the terms of this Zoning Ordinance and the manner of giving notice of public hearings where required under the terms of this Zoning Ordinance.
(Ord. 2717.  Passed 2-10-86.)
 

1309.11 MEETINGS.

   Meetings of the Zoning Hearing Board shall be held at the call of the chairman and at other times as the Zoning Hearing Board may determine.  The chairman, or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses.  All meetings of the Board shall be kept open to the public.  The Board shall keep minutes of its proceedings, showing the vote of each member on each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed with the secretary and shall be a public record.  The Borough secretary or such other person as Council may from time to time designate by proper ordinance or resolution, shall serve as secretary to the Zoning Hearing Board without compensation.
(Ord. 2717.  Passed 2-10-86.)
 

1309.12 RECORDS AND DECISIONS.

   (a)   The Zoning Hearing Board shall keep a stenographic record of the proceedings and a transcript of the proceedings and copies of graphic or written material received in evidence shall be available to any party at cost.  The appearance fee for a stenographer shall be shared equally by the applicant and the Board.  The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies.  In other cases the party requesting the original transcript shall bear the cost thereof.
(Ord. 2843.  Passed  11-20-89.)
 
   (b)   The Board shall keep full public records of its business and shall submit a report of its activities to Council once a year.
 
   (c)   The Board shall render a written decision, or, when no decision is called for, make written findings on the application within forty-five days after the last hearing before the Board.  Each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor.
(Ord. 2717.  Passed 2-10-86.)
 

1309.13 PUBLIC HEARINGS.

   Upon the filing with the Zoning Hearing Board of an appeal or an application for special exception in cases where the terms of this Zoning Ordinance require a public hearing or an application for a variance from the terms of this Zoning Ordinance, the Board shall fix a reasonable time and place for a public hearing and shall give public notice thereof, as well as due notice to the parties in interest, who shall be at least those persons whose properties adjoin the property in question.  Any party may appear at a public hearing in person or by attorney.
   (a)   Public Notice.  Public notice of such a hearing, the place, the date, the time and the particular nature of the questions involved shall be given at least fourteen days prior to the date of such a hearing by all of the following methods:
      (1)   Such notice shall be given, one each week, for two successive weeks in the official newspaper, not more than thirty days and not less than fourteen days in advance of any hearing.
      (2)   Not less than one poster shall be displayed on each street fronting the affected site.
      (3)   Due notice shall be given to the parties in interest, who shall be at least those persons whose properties adjoin the property in question. 
(Ord. 2717.  Passed 2-10-86.)
   (b)   Decision. The Zoning Hearing Board shall reach a decision on an appeal or an application for special exception within forty-five days after the hearing date, or if such hearing is continued, within forty-five days after the continued hearing date, it shall be deemed  that such Zoning Hearing Board has decided in favor of the person or Borough Official aggrieved or affected who is seeking relief, unless the applicant has agreed in writing to an extension of time.
      (1)   Where the Board fails to render the decision within the forty-five day period or fails to hold the required hearing within sixty days of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing or on the record to an extension of time.
      (2)   When a decision has been rendered in favor of the applicant because of failure of the Board to meet or render a decision, the Board shall give public notice of the decision within ten days from the last day it could have met to render a decision.  If the Board shall fail to provide such notice, the applicant may do so.  Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to the Court of Common Pleas.
   (c)   Mediation Option.
      (1)   Parties may utilize mediation as an aid in completing such proceedings.  In proceedings before the Zoning Hearing Board, in no case shall the Zoning Hearing Board initiate mediation or participate as a mediating party.  Mediation shall supplement, not replace, those formally initiated.  Nothing in this subsection shall be interpreted as expanding or limiting municipal police powers or as modifying any principles of substantive law.
      (2)   Participation in mediation shall be wholly voluntary.  The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate.  The Borough, in cases utilizing the mediation option, shall assure that in each case, the mediating parties, assisted by the mediator as appropriate, develop terms and conditions for:
         A.   Funding mediation.
         B.   Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.
         C.   Completing mediation, including time limits for such completion.
         D.   Suspending time limits otherwise authorized in this Zoning Ordinance or in the Pennsylvania Municipalities Planning Code (Act 247, as amended), provided there is written consent by the mediating parties, and by an applicant or Borough decision-making body, if either is not a party to the mediation.
         E.   Identifying all parties and affording them the opportunity to participate.
         F.   Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public.
         G.   Assuring that mediated solutions are in writing and signed by the parties, and become subject to review and approval by the appropriate decision-making body pursuant to the authorized procedures set forth in this Zoning Ordinance.
      (3)   No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissable as evidence in any subsequent judicial or administrative proceedings.
   (d)   Fees and Expenditures.
      (1)   Members of the Board may receive compensation for the performance of their duties as may be fixed by Borough Council, but in no case shall it exceed the rate of compensation authorized to be paid to the members of Council.  Within the limits of funds appropriated by Borough Council, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services.
      (2)   Borough Council may prescribe reasonable fees with respect to hearings before the Zoning Hearing Board.  Fees for such hearings may include compensation for the secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing.  The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs.
         (Ord. 2843.  Passed 11-20-89.)
 

1309.14 EXPIRATION OF SPECIAL EXCEPTIONS AND VARIANCES.

   Unless otherwise specified by the Zoning Hearing Board, a special exception or variance shall expire if the applicant fails to obtain a building permit or occupancy certificate, as the case may be, within six months from the date of authorization thereof.
(Ord. 2717.  Passed 2-10-86.)
 

1309.15 TIME LIMITATIONS.

   (a)   No person shall file any proceeding before the Zoning Hearing Board later than thirty days after a preliminary or final application for development has been approved by an appropriate Borough officer, agency or body, if such proceeding is designed to secure reversal or to limit the approval in any manner, unless such person alleges and proves that he had no notice, knowledge or reason to believe that such approval had been given.  If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.
 
   (b)   The failure of anyone, other than the landowner, to appeal from an adverse decision by a Zoning Officer on a challenge to the validity of an ordinance or map filed pursuant to Section 916.2 of the Pennsylvania Municipalities Planning Code shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative approval.
 
   (c)   All appeals from determinations adverse to the landowner shall be filed by the landowner within thirty days after notice of the determination is issued.
(Ord. 2843.  Passed 11-20-89.)
 

1309.16 STAY OF PROCEEDINGS.

   (a)   Upon filing of any proceeding and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body, and all official action thereunder shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Board, facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by the Court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body.  When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Board.  The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court.
 
   (b)   All appeals from decisions rendered by the Zoning Hearing Board shall be taken to the Allegheny County Court of Common Pleas and shall be filed within thirty days after the entry of the decision or, in the case of a deemed decision, within thirty days after the date upon which notice of such deemed decision is given as required by Section 1309.13(b).
(Ord. 2843.  Passed 11-20-89.)
 
 
 

1313.01 APPOINTMENT.

   The Planning Commission, consisting of five members, shall be appointed by Council in the manner prescribed by the Pennsylvania Municipalities Planning Code, as now enacted or as may hereafter be amended.
(Ord. 2717.  Passed 2-10-86.)
 

1313.02 RESPONSIBILITIES.

   The Planning Commission shall function as an advisory body to Council in accordance with the purpose and intent of the Pennsylvania Municpalities Planning Code as now enacted or as hereafter amended.  The Planning Commission shall perform such advisory functions as shall from time to time be requested by Council and in the performance of such advisory functions as so requested by Council, the Planning Commission shall have such powers and duties as are granted and established by the Pennsylvania Municipalities Planning Code as now enacted or as hereafter amended.
(Ord. 2717.  Passed 2-10-86.)
 
 
 

1317.01 AMENDMENT BY COUNCIL.

   Borough Council may, from time to time, amend, supplement, change, modify or repeal this Zoning Ordinance, including the Zoning Map.  No such amendment, supplement, change, modification or repeal shall become effective until after a public hearing is held pursuant to public notice, as defined herein, at which time the parties in interest and citizens shall have an opportunity to be heard.
   (a)   In the event that any amendment to be considered at such public hearing was not prepared by the Borough Planning Commission, each such amendment shall be submitted by Borough Council to the Borough Planning Commission at least thirty days prior to the date set for the public hearing thereon to provide the Borough Planning Commission the opportunity to submit recommendations.
   (b)   A copy of the proposed amendment shall be sent to the Allegheny County Planning Commission for review and comment at least thirty days prior to the date set for the public hearing thereon.  If the County Planning Commission fails to provide comments within the required thirty day review period, Borough Council may act on the amendment without their recommendation.
   (c)   In the case where a proposed amendment involves the rezoning of property, a minimum of five public notices shall be posted on and around the affected property for a minimum of seven days prior to the date of the public hearing.
   (d)   If, after the public hearing on any proposed amendment, the proposed amendment is changed substantially or is revised to include land not previously affected by the proposed amendment, Borough Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on such revised amendment.
   (e)   The Borough may offer a mediation option as an aid in completing proceedings authorized by this Article.  In exercising such an option, the Borough and the mediating parties shall meet the stipulations and follow the procedures set forth in Section 1309.13(c).
   (f)   Within thirty days after enactment, a certified copy of the amendment to this Ordinance shall be forwarded to the Allegheny County Planning Commission.
      (Ord. 2843.  Passed 11-20-89.)
 

1317.02 AMENDMENT BY CITIZENS' PETITION.

   Whenever the owners of fifty percent (50%) or more of the frontage in any area, which shall be not less than the area contained between two streets, wherein a change of zoning regulations is sought, shall present to Council a petition, duly signed and acknowledged, requesting an amendment, supplement, change, modification or repeal of the regulations prescribed for, or of the Zoning Map including such area, it shall be the duty of Council to hold a public hearing thereon, and cause notice thereof to be given in the manner prescribed in Section 1317.01.
(Ord. 2717.  Passed 2-10-86.)
 

1317.03 CITIZEN PROTEST AGAINST AMENDMENTS.

   In case of a protest against such amendment, supplement, change, modification or repeal signed by the owners of thirty-three and one-third percent (33 1/3%) or more, either of the area of the lots included in such proposed change, or of those of the rear immediately adjacent thereof extending one hundred feet therefrom, or of those directly opposite thereto extending one hundred feet from the street frontage of such opposite lots, such amendment, supplement, change or modification shall not become effective except by the favorable vote of two-thirds of all the members of Council, in accordance with the Acts of Assembly made and provided.
(Ord. 2717.  Passed 2-10-86.)
 

1317.04 LANDOWNER CURATIVE AMENDMENTS.

   Any landowner who wishes to challenge, on substantive grounds, the validity of this Zoning Ordinance or Map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest, may prepare and submit a curative amendment to Borough Council, in the form he proposes it be adopted, together with a written request that his challenge and proposed amendment be heard.  Borough Council shall hold a public hearing pursuant to public notice, on the matter within sixty days of receiving the request at a regular monthly meeting.
   (a)   Referral to Planning Commission.  The curative amendment and challenge shall be referred to the Borough Planning Commission and County Planning Commission at least thirty days prior to the public hearing for review and comment.  Borough Council shall conduct the hearing in accordance with regulations governing a hearing before the Zoning Hearing Board as stipulated in Section 1309.13.
   (b)   Declaration of Invalidity By the Court.  If the Borough does not accept a landowner's curative amendment brought in accordance with this section and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for this entire Zoning Ordinance, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
   (c)   Evaluation of Merits of Curative Amendment. If Borough Council determines that a validity challenge has merit, Borough Council may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenge defects.  Borough Council shall consider the curative amendments, plans and explanatory materials submitted by the landowner and shall also consider:
      (1)   The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities;
      (2)   If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this Zoning Ordinance or Map;
      (3)   The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodlands, wetlands, flood plains, aquifers, natural resources and other natural features;
      (4)   The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, flood plains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts; and
      (5)   The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
         (Ord. 2843.  Passed 11-20-89.)
 
 
 

1319.01 PREVENTIVE REMEDIES.

   In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this Zoning Ordinance or any regulations made pursuant thereto, the proper Borough authorities, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent any illegal act, conduct, business or use in or about such premises.
(Ord. 2717.  Passed 2-10-86.)
 

1319.02 ENFORCEMENT REMEDIES.

   (a)   Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Zoning Ordinance shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgment of five hundred dollars ($500.00) plus all court costs and reasonable attorney fees incurred by the Borough as a result thereof.  No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the Magisterial District Judge.  If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure.  Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge, determining that there has been a violation, further determines that there was a good faith basis for the person, partnership or corporation violating this Zoning Ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge and thereafter each day that a violation continues shall constitute a separate violation.  All judgments, costs and reasonable attorney fees collected for the violation of this Zoning Ordinance shall be paid over to the Borough. 
(Ord. 3452.  Passed 11-20-06.)
 
   (b)   The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
 
   (c)   Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this section.
(Ord. 2843.  Passed 11-20-89.)
 

1319.03 VALIDITY.

   If any section, paragraph, subsection, clause or provision of this Zoning Ordinance shall be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Zoning Ordinance as a whole or any other part thereof.
(Ord. 2717.  Passed 2-10-86.)
 

1319.04 REPEALER.

   All ordinances or parts of ordinances inconsistent herewith are hereby repealed insofar as they conflict with the provisions of this Zoning Ordinance.
(Ord. 2717.  Passed 2-10-86.)
 

1319.05 EFFECTIVE DATE.

   This Zoning Ordinance shall become effective ten days after final approval.
(Ord. 2717.  Passed 2-10-86.)