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White Oak City Zoning Code

TITLE THREE

Zoning Districts

1321.01 CLASSES OF DISTRICTS.

   For the purpose of this Zoning Ordinance, the Borough is hereby divided into eight classes of districts, which shall be designated as follows:
R-1   Residence District
R-2   Residence District
R-3   Residence District
R-4   Residence District
C-1   General Commercial District
C-2   Highway Commercial District
I-1   Light Industrial District
I-2   General Industrial District
 
(Ord. 2717.  Passed 2-10-86.)
 

1321.02 ZONING MAP.

   The boundaries of districts shall be as shown on the map dated October 14, 1963, revised March 15, 1974 and made a part of this Zoning Ordinance, which map shall be known as the "Zoning Map of White Oak Borough".  Such map and all notations, references and data shown thereon are hereby incorporated by references into this Zoning Ordinance, and shall be as much a part of this Zoning Ordinance as if all were fully described herein.  A large scale zoning map of the Borough, showing all revisions made as a result of amendments thereto, shall be available for public inspection at the Borough Building.
(Ord. 2717.  Passed 2-10-86.)
 

1321.03 DISTRICT BOUNDARIES.

   The boundaries between districts are, unless otherwise indicated, the center lines of streets, or such lines extended or lines parallel or perpendicular thereto.  Where figures are shown on the Zoning Map between a street and a district boundary line, they indicate that the district boundary line runs parallel to the street line at a distance therefrom equivalent to the number of feet so indicated unless otherwise shown.
(Ord. 2717.  Passed 2-10-86.)
 

1321.04 BOUNDARY TOLERANCES.

   Where a district boundary line divides a lot held in single and separate ownership at the effective date of this Zoning Ordinance, the use regulations applicable to the less restricted district shall extend over the portion of the lot in the more restricted district a distance of not more than fifty feet beyond the district boundary line.
(Ord. 2717.  Passed 2-10-86.)
 
 
 

1323.01 APPLICABILITY.

   In R-1 Residence Districts, the following regulations shall apply.
(Ord. 2717.  Passed 2-10-86.)
 

1323.02 USE REGULATIONS.

   A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:
   (a)   Permitted Uses By Right.
      (1)   Principal uses.
         A.   Farms, including dwellings and farm buildings.
         B.   Single-family detached dwellings.
         C.   Regulation golf courses and clubhouses.
      (2)   Accessory uses.
         A.   Customary accessory uses on the same lot with a principal use authorized by right or by special exception in this District.
         B.   Signs, as authorized by Article1375.
         C.   Home occupations, as defined by this Zoning Ordinance, provided that:
            l.   There shall be no exterior evidence of the use other than the identification sign authorized by Section 1375.09.
            2.   No person other than residents of the dwelling shall be employed.
            3.   No more than fifteen percent (15%) of the floor area of the dwelling shall be devoted to the conduct of a home occupation.
            4.   A home occupation shall not be permitted to be conducted in any accessory structure.
            5.   The use shall not create any additional environmental impact other than those impacts normally resulting from residential use.
            6.   The use shall not cause an increase in the use of water, sewerage, garbage, public safety or any other municipal service beyond that which is normal for the residences in the neighborhood.
            7.   The use shall not require internal or external alterations or construction features which are not customary to a dwelling or which change the fire rating of the structure.
            8.   The use shall comply with the performance standards specified in Section 1371.15.
            9.   There shall be no storage of materials or equipment outside an enclosed building.
            10.   There shall be no use of materials or equipment except those of similar power and type normally used in a residential dwelling for domestic or household purposes.
            11.   There shall be no regular display of merchandise available for sale on the premises, other than samples of articles produced by residents of the dwelling; however, merchandise, whether produced on or off the premises, may be stored on the premises for pick-up and/or delivery.
            12.   The use shall not create greater vehicular or pedestrian traffic than that which is normal for the residences in the neighborhood.
            13.   Off-street parking shall be provided in accordance with the requirements of Section 1363.03.
            14.   The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises and commercial vehicles shall not be parked on the premises.
            15.   The following uses shall not be considered to be home occupations and shall be limited to the zoning districts in which they are specifically authorized as permitted uses or uses by special exception:
               a.   Animal hospitals, kennels, veterinary offices or clinics;
               b.   Auto body repair shops;
               c.   Beauty shops and barber shops containing more than one chair;
               d.   Clinics, hospitals or nursing homes;
               e.   Mortuaries;
               f.   Private clubs;
               g.   Private instruction to more than five students at a time;
               h.   Restaurants or tea rooms;
               i.   Stables or riding academies;
               j.   Tourist or boarding homes; or
               k.   Vehicle or equipment rental or sales.
         D.   Day care homes, as defined by this Zoning Ordinance, provided that:
            1.   All of the above standards for home occupations are met.
            2.   Adequate areas for outdoor recreation shall be provided and shall be secured by a fence with self-latching gate.
            3.   A safe area shall be provided for dropping off and picking up children which does not obstruct the free flow of traffic on any public street.
            4.   Off-street parking shall be provided in accordance with the requirements of Section 1363.03.
   (b)   Uses By Special Exception.
      (1)   Principal uses.
         A.   Stables or keeping of horses, subject to the following express standards and criteria:
            1.   A private stable may be permitted on a tract of land containing not less than five acres; not more than two horses shall be maintained for the first five acres of land and not more than one horse for each additional acre of land.
            2.   A boarding stable may be permitted on a tract of land containing not less than ten acres of land and not more than ten horses shall be maintained on the first ten acres of land and not more than one horse for each additional one acre of land.
            3.   A private stable shall be for the personal use of the operator and shall not involve rental or any other profit-making activity.
            4.   All stables shall be located as far from property lines as the shape of the tract of land will permit and in no instance closer than one hundred feet to a dwelling used for human habitation other than the owner's dwelling.
            5.   No grazing shall be permitted closer than ten feet to a lot line.
            6.   Any barnyard fence or electric fence shall not be located less than ten feet from any boundary line.
            7.   A keeper of any animals shall cause litter and droppings therefrom to be collected and disposed of in a way not to permit the presence of fly larvae or objectionable odors.
         B.   Townhouses and garden apartments, subject to the express standards and criteria contained in Article 1351.
         C.   Mobile homes on individual lots, subject to the following express standards and criteria:
            1.   All applicable lot area, lot width, yard, building coverage and parking requirements for single-family dwellings in this District shall be met.
            2.   The mobile home shall comply with all applicable local codes and state regulations.
            3.   The mobile home shall be placed on a permanent foundation.
            4.   The mobile home shall be permanently connected with public water and sanitary sewer lines and shall comply with all plumbing, sanitary and utility service line requirements applicable to dwellings in regulations of the Borough, Allegheny County Health Department and utility service companies servicing the Borough.
         D.   Community living arrangements and personal care boarding homes, subject to the following express standards and criteria:
            1.   The minimum lot area shall be 14,000 square feet.
            2.   The site proposed for a community living arrangement shall have frontage on and direct vehicular access to an arterial road, as defined by this Zoning Ordinance.
            3.   The site proposed for a personal care boarding home shall have frontage on and direct vehicular access to an arterial or collector road as defined by this Zoning Ordinance.
            4.   No personal care boarding home shall be established within 500 feet of another personal care boarding home which has been approved or is pending approval by the Borough as a use by special exception.  No personal care boarding home shall be established within 1,000 feet of a community living arrangement which as been approved or is pending approval by the Borough as a use by a special exception.
            5.   No community living arrangement shall be established within 2,000 feet of another community living arrangement or within 1,000 feet of a personal care boarding home.
            6.   The community living arrangement or personal care boarding home shall be subject to the lot width, yard, height and building coverage requirements for single-family dwellings in the district in which it is located.
            7.   All property lines adjoining residential use or zoning classification shall be screened by a buffer area as defined by this Zoning Ordinance which shall be at least four feet in depth measured from the property line.
            8.   Adequate provisions shall be made for access for emergency medical and fire vehicles.
            9.   Adequate provisions shall be made on the site of personal care boarding homes for handicapped parking, handrails and wheelchair ramps in accordance with the Pennsylvania Department of Labor and Industry Standards for Barrier Free Design (Act 235).
            10.   Twenty-four hour supervision shall be provided by staff qualified by the sponsoring agency.
            11.   Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs and the area shall be secured by a fence with a self-latching gate.
            12.   Residents of the Borough and contiguous communities shall be assigned the highest priority in the selection of residents for admisssion to a community living arrangement or personal care boarding home located in the Borough.
            13.   Where applicable, certification or licensing by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy and a copy of an annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.
         E.   Cemeteries, subject to the following express standards and criteria:
            1.   The applicant shall present evidence of compliance with the applicable laws of the Commonwealth and the regulations of the Allegheny County Department of Health.
            2.   A minimum site of ten acres shall be required.
            3.   A drainage plan shall be submitted to show existing and propsoed run-off characteristics.
            4.   Ingress, egress and internal circulation shall be designed to ensure safety and minimize impact on local streets.  The application shall be referred to the Police Chief for comments regarding public safety.
            5.   All property lines adjoining residential use or zoning classification shall be screened by a buffer area as defined by this Zoning Ordinance which is at least ten feet in depth as measured from the property line.
            6.   Off-street parking shall be required for chapels or other buildings intended for public assembly in accordance with the requirements of Article 1363.
               (Ord. 2717.  Passed 2-10-86.)
         F.   Bed and Breakfast Host Homes, subject to the following express standards and criteria:
            1.   All applicable lot area, lot width, yard and building coverage requirements for single family dwellings in this District shall be met.
            2.   The site proposed for a Bed and Breakfast Host Home shall be frontage on and direct vehicular access to an arterial or collector road as defined by this Zoning Ordinance.
            3.   No Bed and Breakfast Host Home shall be established within 2,000 feet of another Bed and Breakfast Host Home.
(Ord. 2818.  Passed 1-16-89.)
            4.   No more than four bedrooms shall be available for rental to guests.
               (Ord. 2923.  Passed 7-20-92.)
            5.   Off-street parking shall be provided in accordance with the requirements of Article 1363.
            6.   No exterior signs are permitted other than for the identification of the house name or the owner's name.
               (Ord. 2818.  Passed 1-16-89.)
         G.   Communications facilities subject to the standards and criteria set forth in Article 1309.07 of the White Oak Codified Zoning Ordinances and the performance standards set forth in Article 1371.15 of said Codified Zoning Ordinance.  In addition, the granting of a special exception for the aforesaid use shall be subject to the following additional express standards and criteria:
            1.   The minimum tower site area shall be two acres.
            2.   No such use shall be located within 2,000 feet of an existing dwelling, school, church, hospital or similar residential use measured from the nearest property line to the nearest property line.
            3.   No such use shall be established within 2,000 feet of another existing similar use measured from the nearest property line to the nearest property line.
            4.   Shared use of towers and tower sites shall be encouraged.  If shared use of an existing or approved tower or an existing or approved tower site is not proposed, the applicant shall demonstrate that the proposed equipment cannot be accommodated on an existing or approved tower or an existing or approved tower site for the following reasons:
               a.   The proposed equipment would exceed the structural capacity of the existing or approved towers and reinforcement of the existing or approved towers cannot be accomplished at a reasonable cost.
               b.   The proposed equipment will cause RF (Radio Frequency) interference with other existing or proposed equipment for that tower for that existing or approved tower site and the interference cannot be prevented at a reasonable cost.
               c.   Existing or approved towers or the existing or approved tower site do not have adequate space to accommodate the proposed equipment.
               d.   Addition of the proposed equipment would result in NIER (Nonionizing Electromagnetic Radiation) level which exceed any adopted local, Federal or State emission standards.
               e.   There are other valid reasons that make it impractical to place the proposed equipment on any existing or proposed tower or any existing or approved tower site.
            5.   Communications facilities and their associated structures may exceed the height limitations of the District, provided they shall be set back from any property line or public street right of way a minimum distance of one hundred percent (100%) of the tower height or greater, if necessary, to guarantee that, in the event of collapse, the structure shall not fall on any adjacent property and all ice- fall or  debris from tower failure shall be contained on the tower site.
            6.   Unless the essential communications facility is located on a building, the tower structure shall be completely enclosed by a six foot high chain link or similar fence with self- latching gate to limit accessibility to the general public, unless the entire property is secured by such a fence.
            7.   All guy wires and all guyed towers shall be clearly marked so as to be visible at all times.  All guy wires shall be located at a minimum of 100 feet from any property line.
            8.   The applicant shall submit evidence that the tower and its method of installation has been designed by a registered engineer and is certified by that registered engineer to be structurally sound and able to withstand wind and other loads in accordance with accepted engineering practice.
            9.   The tower shall be subject to any applicable Federal Aviation Administration (FAA)  and Airport Zoning regulations.
            10.   No sign or other structure shall be mounted on the tower, except as may be required or approved by the FCC, FAA  or other governmental agency.
            11.   All lighting shall be shielded and reflected away from adjoining properties.
            12.   A minimum of two off street parking spaces shall be provided on the tower site, plus one off street parking space for each on-site personnel.
            13.   Existing vegetation on the site shall be preserved to the maximum extent possible.
            14.   A minimum twenty foot easement or right of way for access shall be provided to the tower which is adequate to accommodate maintenance and emergency vehicles and which is improved with a dust-free, all-weather surface sufficient to accommodate the weight of vehicles proposed to use the easement or right of way.
            15.   In the event any tower ceases to be used as a communication facility, then the owner and/or operator of the tower or the then owner of the land on which the tower is located shall be required to remove the same and failing to do so, the Borough may cause the same to be removed and charge the cost of the removal to the foregoing parties.  In addition, the Borough may file a municipal lien against the land to recover the cost of the removal and attorney’s fees.
            16.   The construction, erection, operation and maintenance shall comply with all applicable laws and regulations of the Commonwealth and, in particular, the Department of Environmental Protection, Bureau of Air Quality and its various bureaus and departments.
            17.   The construction, erection, operation and maintenance shall comply with all applicable laws and regulations of the Allegheny County Health Department and, in particular, the Department of Environmental Protection, Bureau of Air Quality and its various bureaus and departments.
               (Ord. 3033.  Passed 4-15-96.)
 

1323.03 AREA REGULATIONS.

   (a)   Lot Area and Width.  A lot area of not less than 13,500 square feet per family shall be provided for every building hereafter erected or used in whole or in part as a dwelling.  Such lot shall not be less than ninety feet in width at the building line.
 
   (b)   Building Coverage.  Not more than twenty-five percent (25%) of the area of each lot may be occupied by buildings, excepting only golf clubhouses.
 
   (c)   Front Yard.  There shall be a front yard on each street on which a lot abuts which shall be not less than forty feet in depth.
 
   (d)   Side Yards.  There shall be two side yards on each lot which shall have an aggregate width of not less than thirty feet, neither of which shall be less than ten feet in width.
 
   (e)   Rear Yard.  There shall be a rear yard on each lot which shall not be less than thirty feet in depth, except on corner lots where there shall be no rear yard required.
 
   (f)   Height of Buildings.  See Section 1371.02.
(Ord. 2717.  Passed 2-10-86; Ord. 2942.  Passed 7-19-93.)
 

1323.04 PARKING AND LOADING.

   All authorized uses are subject to the applicable parking and loading requirements specified in Article 1363.
(Ord. 2717.  Passed 2-10-86.)
 
 
 

1325.01 APPLICABILITY.

   In R-2 Residence Districts, the following regulations shall apply.
(Ord. 2717.  Passed 2-10-86.)
 

1325.02 USE REGULATIONS.

   A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:
   (a)   Permitted Uses by Right.
      (1)   Principal uses.
         A.   Any use permitted by right in the R-1 Residence District.
         B.   Public education institution.
         C.   Municipal building or municipal use, including water towers and reservoirs.
(Ord. 2717.  Passed 2-10-86.)
         D.   Telephone central office; electric substation; utility lines; but not including communication facilities and tower sites as defined in this ordinance. 
(Ord. 3033.  Passed 4-15-96.)
      (2)   Accessory uses.
         A.   Customary accessory uses on the same lot with a principal use authorized by right or by special exception in this District.
         B.   Signs, as authorized by Article 1375.
         C.   Home occupations, subject to Section 1323.02(a)(2)C.
         D.   Private garage.
         E.   Gardening as an avocation.
   (b)   Uses By Special Exception.
      (1)   Principal uses.
         A.   Any use authorized as a use by special exception subject to the applicable express standards and criteria in the R-1 Residence District, except mobile homes on individual lots.
         B.   Medical clinic or medical office building, subject to the express standards and criteria contained in Article 1355 governing Designed Medical Centers.
         C.   Private or parochial educational institution; church or other place of worship, or other institution for religious or philanthropic use, excluding correctional or penal institutions, subject to the following express standards and criteria:
            1.   All property lines adjoining residential use or zoning classification shall be screened by a buffer area as defined by this Zoning Ordinance which is at least six feet in depth measured from the property line.
            2.   No storage of equipment or material shall be permitted outside a structure.
            3.   All lights shall be shielded and reflected away from adjoining property.
            4.   Ingress, egress and internal traffic circulation shall be designed to ensure safety and access by emergency vehicles.
            5.   Adequate off-street parking and loading facilities shall be provided in accordance with the requirements of Section 1363.03.
            6.   The use shall comply with all applicable laws and regulations of the Commonwealth and its various bureaus and departments.
            7.   The use shall comply with all applicable rules and regulations of the Allegheny County Health Department.
         D.   Hospitals, as defined by this Zoning Ordinance, subject to the following express standards and criteria:
            1.   The minimum site area shall be five acres.
            2.   The site shall have frontage on and direct vehicular access to an arterial or collector road as defined by this Zoning Ordinance.
            3.   All property lines adjoining residential use or zoning classification shall be screened by a buffer area as defined by this Zoning Ordinance which is at least six feet in depth measured from the property line.
            4.   No storage of equipment or material shall be permitted outside a structure.
            5.   All lights shall be shielded and reflected away from adjoining property.
            6.   Ingress, egress and internal traffic circulation shall be designed to ensure safety and access by emergency vehicles.
            7.   Adequate off-street parking and loading facilities shall be provided in accordance with the requirements of Section 1363.03.
            8.   The use shall comply with all applicable laws and regulations of the Commonwealth and its various bureaus and departments.
            9.   The use shall comply with all applicable rules and regulations of the Allegheny County Health Department.
         E.   Public or noncommercial park, playground or recreational area, and private or commercial park, playground or recreational area, subject to the following express standards and criteria:
            1.   All property lines adjoining residential use or zoning classification shall be screened by a buffer area as defined by this Zoning Ordinance which is at least six feet in depth measured from the property line.
            2.   No storage of equipment or material shall be permitted outside a structure.
            3.   All lights shall be shielded and reflected away from adjoining property.
            4.   Ingress, egress and internal traffic circulation shall be designed to ensure safety and access by emergency vehicles.
            5.   Adequate off-street parking and loading facilities shall be provided in accordance with the requirements of Section 1363.03.
            6.   The use shall comply with all applicable laws and regulations of the Commonwealth and its various bureaus and departments.
            7.   The use shall comply with all applicable rules and regulations of the Allegheny County Health Department.
            8.   The use shall comply with the noise standards of Section 1371.15(c).
         F.   Oil and gas wells, subject to the following express standards and criteria:
            1.   No drilling operation shall be conducted closer than 100 feet to an adjacent property line or a public road.
            2.   No drilling operation shall be conducted closer than 200 feet to an existing dwelling, school, hospital or similar residential use or to any water source for such use.
            3.   Drilling operations shall conform to the performance standards of Section 1371.15.
            4.   An application for zoning approval shall contain the following information.
               a.   A copy of the permit from the Pennsylvania Department of Environmental Resources for the oil or gas drilling operation.
               b.   A copy of the well location map.
               c.   A copy of the notice of proposed or exisiting location form required by the Pennsylvania Department of Environmental Resources.
            5.   The required state permits shall be maintained throughout the duration of all drilling operations.
            6.   Any suspension or revocation of the required state permits shall constitute a violation of this Zoning Ordinance and will result in the suspension or revocation of the zoning certificate or enforcement of the penalty provisions of this Zoning Ordinance or both.
            7.   Performance and maintenance guarantees shall be required prior to permit issuance.  The performance guarantee shall include, at a minimum, but not be limited to, a provision  for adequate protection from any adverse conditions which may result from the well drilling operation, especially from the production of salt brine.  The purpose of the maintenance guarantee shall be to protect adjacent roads, water supplies and to provide for property damage.  The amounts of the performance and maintenance guarantees shall be established by the Zoning Hearing Board.
            8.   While any field is in production, the amount of the performance guarantee may be reduced by Council when the wells have been drilled in accordance with the regulations of the DER permit and any other conditions attached to the approval by the Zoning Hearing Board have been met.
            9.   Upon termination of production of any field, the amount of the maintenance guarantee may be reduced by Council when the wells under the permit have been plugged in accordance with the DER regulations.
               (Ord. 2717.  Passed 2-10-86.)
         G.   Conversion of surplus space in a public school, subject to the following express standards and criteria:
            1.   Conversion of surplus school space shall be limited to the following uses permitted singly or in combination in school buildings in which at least fifty percent (50%) of the total floor area of the school building is being used for public school purposes:
               a.   School District administrative offices;
               b.   Private education;
               c.   Studios for music, art or dance;
               d.   Day Care Centers;
               e.   Public or private recreation;
               f.   Community Center;
               g.   Offices or facilities providing services of an educational, cultural, governmental, philanthropic or civic nature;
               h.   Business or professional offices.
            2.   Conversion of surplus school space for public use and occupancy shall comply with all applicable requirements of the Pennsylvania Department of Labor and Industry.
            3.   Parking shall be provided on the site for the floor area to be converted in accordance with the ratios required by Section 1363.03 for the proposed use or uses.
            4.   Parking areas which adjoin single family use or zoning classification shall be screened by a buffer area, as defined by this Zoning Ordinance, which is at least five feet in depth as measured from the property line.
            5.   All exterior lighting of the building and parking areas shall be shielded and directed away from adjacent streets and properties.
            6.   Adequate provisions shall be made through proper signs and other appropriate means to control pedestrian and vehicular traffic on the site and in the building to protect the safety of the school students and the integrity of that portion of the building and site being used for school purposes.
         H.   Conversion of a public school building which has been entirely abandoned for school purposes, subject to the following express standards and criteria:
            1.   The only uses that the building shall be permitted to be converted to are:
               a.   Day Care Center;
               b.   Personal Care Boarding Home;
               c.   Nursing Home;
               d.   Housing for the Elderly;
               e.   Multifamily Dwellings;
               f.   Public or private educational civic, cultural, recreational, or social center;
               g.   Business or professional offices.
            2.   Personal care boarding homes, nursing homes and day care centers shall be licensed by the Commonwealth.
            3.   Personal care boarding homes, nursing homes and day care centers shall be subject to the applicable express and criteria for the uses contained in Sections 1323.02(b)(1)D., 1329.02(b)(1)D., and 1331.02(b)(1)B., except that direct vehicular access to an arterial or collector street shall not be required.
            4.   Conversion of a school building to any use proposed for public occupancy shall comply with all applicable requirements of the Pennsylvania Department of Labor and Industry.
            5.   Multifamily dwellings and housing for the elderly shall comply with all applicable provisions of Article 1351, except minimum site size.
            6.   Conversion of the school building may involve exterior modifications to comply with applicable codes; however, no enlargement or expansion of the usable floor area of the building shall be permitted.
            7.   Parking shall be provided on the site for the total floor area to be converted in accordance with the ratios required by Section 1363.03 for the proposed use or uses.
            8.   Parking areas which adjoin single family use or zoning classification shall be screened by a buffer area, as defined by this Zoning Ordinance, which is at least five feet in depth as measured from the property line.
            9.   All exterior lighting of the building and parking areas shall be shielded and directed away from adjacent streets and properties.
         I.   Conversion of abandoned public school sites, subject to the following express standards and criteria:
            1.   In the event that rehabilitation of an abandoned public school building is found to be economically unfeasible and the school building is proposed for demolition, in addition to the uses authorized in the Zoning District in which the site is located, the vacant site may be used under the following :
               a.   Townhouses may be proposed for part or all of the vacant site.
               b.   Townhouses shall be limited to a maximum of five units in a building.
               c.   The maximum gross dwelling unit density shall be nine units per acre in the R-2 and R-3 Districts.
               d.   The maximum height of buildings shall be no more than three stories and no greater than thirty-five feet.
               e.   The maximum building coverage shall be thirty-five percent (35%)
               f.   Grouping of townhouse buildings shall comply with the requirements of Section 1351.03(i).
               g.   Minimum yards shall be provided in accordance with the requirements of Section 1351.03(j).
               h.   Development of a site for townhouse dwellings shall comply with the requirements of Section 1351.03(k) to (o) governing grading, drainage, parking, loading and balconies.
               i.   A buffer area, as defined by this Zoning Ordinance, which is at least ten feet in depth as measured from the property line shall be provided along all lot lines abutting commercially zoned land, along public rights of way directly across which is commercially zoned land and along property lines of single family or two family development or zoning classification.
               j.   Development of a site for townhouse dwellings shall comply with the requirements of Section 1351.03(q) to (s) governing play areas, utilities and performance standards.
                  (Ord. 2749.  Passed 9-10-86.)
   (c)   Uses By Special Exception Authorized Only in the Lincoln Way Transitional Zone.
      (1)   Principal uses.
         A.   Mortuary, subject to the following express standards and criteria:
            1.   The minimum site area shall be 20,000 square feet.
            2.   The site shall have frontage on and direct vehicular access to an arterial or collector road as defined by this Zoning Ordinance.
            3.   Off-street parking and loading shall be provided in accordance with the requirements of Section 1363.03.
            4.   All lighting shall be shielded away from adjacent properties.
            5.   All property lines adjoining residential use or zoning classification shall be screened by a buffer area as defined by this Zoning Ordinance which shall be at least four feet in depth measured from the property line.
         B.   Conversion of existing dwellings into dwelling units for two or more families. subject to the following express standards and criteria:
            1.   An existing dwelling proposed to be converted into dwelling units for the use of two or more families shall have been erected more than forty years before the date of application for such conversion.
            2.   The minimum gross floor area of a dwelling to be converted shall be 1,600 square feet, exclusive of garage and/or basement.  Conversion of garage and basement areas to dwelling units shall not be permitted.
            3.   In the R-2 District, the minimum lot area required shall be 6,000 square feet per family; in the R-3 District, the minimum lot area required shall be 4,500 square feet per family.
            4.   The yard and building area requirements for the district per family unit shall apply.
            5.   The regulations of the offices of the Fire Marshal, Bureau of Fire, Commonwealth and Allegheny County Fire Marshal shall be fully complied with.
            6.   Two off-street parking spaces shall be provided for each family unit on the premises with adequate means of ingress and egress for standard size automobiles.
            7.   Separate culinary and sanitary facilities shall be furnished for each family unit which fully comply with the requirements of the Plumbing Ordinance of the County of Allegheny.
               (Ord. 2717.  Passed 2-10-86.)
         C.   Conversion of an existing dwelling to: specialty retail, as defined by this article; professional offices, including Single Occupancy Medical Professional Offices and Designed Medical Centers, provided the Designed Medical Centers meet all the requirements of Article 1355; or personal services such as beauty or barbershop, seamstress or tailor or other personal services to individuals, their apparel or personal effects, excluding laundry, dry cleaners, shoe repair, repair of automobiles or other machinery or equipment, subject to the following express standards and criteria.
            (Ord. 2942.  Passed 7-19-93.)
            1.   The minimum lot area required shall be 6,000 square feet.
            2.   All other minimum area and bulk regulations shall be the same as the requirements for single-family dwellings in the district in which the property is located.
            3.   No conversion of accessory structures on the lot shall be permitted.
            4.   Exterior alterations of the dwelling shall be permitted to comply with fire safety regulations, to modify entrances or to enclose porches; however, no other alterations which would result in the enlargement of the total floor area devoted to office or customer use shall be permitted, unless the total floor area of a dwelling is less than 1,500 square feet, in which case enlargement of the structure shall be permitted up to a maximum total floor area of 1,500 square feet, provided that the parking requirements for the proposed use can be met on the lot and that the total lot coverage does not exceed twenty percent (20%) of the total area of the lot.
            5.   Parking shall be provided based on the ratio of one parking space for each 200 square feet of floor area of building devoted to office or customer use.
            6.   Parking shall not be permitted in the side yard.
            7.   Adequate area shall be provided on the lot for vehicles to turn around so that traffic will not be required to back onto Lincoln Way.
            8.   All parking spaces shall be screened by a buffer area comprised entirely of evergreen planting which is at least five feet in depth as measured from the property line and which meets the standards of a buffer area, as defined by this Zoning Ordinance, within three years from the date of installation.  Screening of parking spaces located in the front yard shall not obstruct visibility for traffic entering or leaving the lot or traveling on Lincoln Way.
            9.   Lots, other than corner lots, which have frontage on two streets shall provide a buffer area comprised entirely of evergreen planting along the entire frontage which is opposite or parallel to Lincoln Way.  The buffer area shall be at least five feet in depth as measured from the property line and shall meet the standard of a buffer area, as defined by this Zoning Ordinance, within three years from the date of installation.
            10.   In addition to the required buffer areas, at least ten percent (10%) of the area of the front yard shall be landscaped in trees and shrubs in accordance with a landscaping plan approved by the Borough.
               (Ord. 2717.  Passed 2-10-86.)
            11.   The maximum surface area of a business identification sign shall be eighteen square feet.  The business identification sign shall be constructed of materials which are compatible with the architectural characteristics of the building on the site.
The application for approval of the use by special exception shall include the location and type of signage proposed.  In considering the application for approval, the Zoning Hearing Board shall evaluate the compatibility of the sign design and sign materials with other structures on the site and adjoining properties.
               (Ord.  2853.  Passed 3-19-90.)
            12.   The business identification sign shall be permitted to be attached to the wall of the building or freestanding and located at least fifteen feet from any property line.  The maximum height of a freestanding sign shall be six feet.  Signs shall comply with all other general regulations of Sections 1375.03 through 1375.08.
            13.   Vehicular access shall be restricted to Lincoln Way and/or the alleys parallel to Lincoln Way, except in the case of corner lots when vehicular access from the intersecting street may be permitted, if safety is improved.
            14.   In the event that two adjoining properties are converted to any authorized nonresidential use, either simultaneously or in sequence, the feasibility of sharing a common driveway with one point of access to Lincoln Way shall be investigated by the applicant and, if feasible, shall be permitted subject to evidence of a two-party agreement and PennDOT approval.
            15.   Approval shall be subject to posting of surety in a form acceptable to the Borough to guarantee the replacement of landscaping materials, if necessary, within one year of the date of installation.
         D.   Conversion apartments, in combination with specialty retail, authorized personal services or professional offices, other than medical or dental, subject to the following express standards and criteria:
            1.   If the minimum requirements for minimum lot size per family can be met for conversion dwellings specified in Section 1325.02(c)(1)B., conversion to a professional office or specialty retail shop may be substituted for one of the permitted conversion dwelling units.  All other applicable requirements for nonresidential conversions contained in  Section 1325.02(c)(1)C. shall apply to the portion of the dwelling to be used for the nonresidential conversion.  The portion of the dwelling proposed for the conversion dwelling unit shall meet all applicable requirements of Section 1325.02(c)(1)B.  Minimum floor area of a dwelling unit shall be 800 square feet.
         E.   Construction of professional offices (other than medical or dental which shall be authorized only as designed medical centers) on vacant lots, subject to the following express standards and criteria:
            1.   The minimum lot area required shall be 14,000 square feet.
            2.   The minimum required yards shall be:
 
Front:
30 feet
Side:
15 feet each
Rear:
30 feet
            3.   Maximum building height shall be 2 1/2 stories and no more than thirty-five feet.
            4.   Maximum building coverage shall be forty percent (40%).
            5.   Subparagraphs 5. through 15. of Section 1325.02(c)(1)C., governing conversion of dwellings to professional offices also shall apply to construction of professional offices on vacant lots.
               (Ord. 2717,  Passed 2-10-86.)
 

1325.03 AREA REGULATIONS.

   (a)   Lot Area and Width.  A lot area of not less than 6,000 square feet per family shall be provided for every building hereafter erected or used in whole or in part as a dwelling.  Such lot shall not be less than sixty feet in width at the building line.
 
   (b)   Building Coverage. Not more than thirty percent (30%) of the area of each lot may be occupied by buildings.
 
   (c)   Front Yard.  There shall be a front yard on each street on which a lot abuts which shall not be less than thirty feet in depth.
 
   (d)   Side Yards.  There shall be two side yards on each lot which shall have an aggregate width of not less than twenty feet, neither of which shall be less than seven and one-half feet in width.
 
   (e)   Rear Yard.  There shall be a rear yard on each lot which shall be not less than twenty-five (25) feet in depth, except on corner lots where there shall be no rear yard required.
 
   (f)   Height of Buildings.  See Section 1371.02.
(Ord. 2717.  Passed 2-10-86; Ord. 2942.  Passed 7-19-93.)
 

1325.04 PARKING AND LOADING.

   All authorized uses are subject to the applicable parking and loading requirements specified in Article 1363.
(Ord. 2717.  Passed 2-10-86.)
 
 
 

1327.01 APPLICABILITY.

   In R-3 Residence Districts, the following regulations shall apply.
(Ord. 2717.  Passed 2-10-86.)
 

1327.02 USE REGULATIONS.

   A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:
   (a)   Permitted Uses by Rights.
      (1)   Principal uses. Any use permitted by right in the R-2 Residence District, except farms.
      (2)   Accessory uses.
         A.   Customary accessory uses on the same lot with a principal use authorized by right or by special exception in this District.
         B.   Signs, as authorized by Article 1375.
         C.   Home occupations, subject to Section 1323.02(a)(2)C.
         D.   Private garage.  (Ord. 2717.  Passed 2-10-86.)
   (b)   Uses By Special Exception.
      (1)   Principal uses.
         A.   Any use authorized as a use by special exception subject to the applicable standards and criteria in the R-2 Residence District, except hospitals, cemeteries, oil and gas wells and stables or keeping of horses and communication facilities and tower sites as defined in this Zoning Ordinance.
            (Ord. 3033.  Passed 4-15-96.)
         B.   Multiple dwellings, subject to the express standards and criteria contained in Article 1351.
         C.   Conversion of existing dwellings, subject to the following express standards and criteria:
            1.   An existing dwelling proposed to be converted into dwelling units for the use of two or more families shall have been erected more than forty years before the date of application for such conversion.
            2.   The minimum gross floor area of a dwelling to be converted shall be 1,600 square feet, exclusive of garage and/or basement.  Conversion of garage and basement areas to dwelling units shall not be permitted.
            3.   The minimum lot area required shall be 4,500 square feet per family.
            4.   The yard and building area requirements for the district per family unit shall apply.
            5.   The regulations of the offices of the Fire Marshal, Bureau of Fire, Commonwealth and Allegheny County Fire Marshal shall be fully complied with.
            6.   Two off-street parking spaces shall be provided for each family unit on the premises with adequate means of ingress and egress for standard size automobiles.
            7.   Separate culinary and sanitary facilities shall be furnished for each family unit which fully comply with the requirements of the Plumbing Ordinance of the County of Allegheny.
   (c)   Uses By Special Exception Authorized Only in the Lincoln Way Transitional Zone.
      (1)   Principal uses.  Any use authorized in the Lincoln Way Transitional Zone in the R-2 District, subject to the express standards and criteria contained in Section 1325.02(c).
         (Ord. 2717.  Passed 2-10-86.)
 

1327.03 AREA REGULATIONS.

   The following area regulations shall apply, excepting designed multiple dwelling projects and designed medical clinics or medical office buildings which are regulated by the provisions of Articles 1351 and 1355 hereof, respectively:
   (a)   Lot Area and Width.  A lot area of not less than 4,500 square feet per family shall be provided for every building hereafter erected or used in whole or in part as a dwelling.  The minimum lot width at the building line shall be fifty feet for single-family detached dwellings.
   (b)   Building Coverage.  Not more than forty percent (40%) of the area of each lot may be occupied by buildings.
   (c)   Front Yard.  There shall be front yard on each street on which a lot abuts which shall be not less than twenty-five feet in depth.
   (d)   Side Yards.  There shall be two side yards on each lot which shall have an aggregate width of not less than sixteen feet, neither of which shall be less than six feet in width.
   (e)   Rear Yard.  There shall be a rear yard on each lot which shall not be less than fifteen percent (15%) of the average depth of the lot, but in any event, it need not exceed fifteen feet (15), except on corner lots where there shall be no rear yard required.
   (f)   Height of Buildings.  See Section 1371.02.
      (Ord. 2717.  Passed 2-10-86; Ord. 2942.  Passed 7-19-93.))
 

1327.04 PARKING AND LOADING.

   All authorized uses are subject to the applicable parking and loading requirements specified in Article 1363.
(Ord. 2717.  Passed 2-10-86.)
 
 
 

1329.01 APPLICABILITY.

   In R-4 Residence Districts, the following regulations shall apply.
(Ord. 2717.  Passed 2-10-86.)
 

1329.02 USE REGULATIONS.

   A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:
   (a)   Permitted Uses by Right.
      (1)   Principal uses.
         A.   Any use permitted by right in the R-3 Residence District.
         B.   Two-family detached dwelling.
         C.   Single-family or two-family semi-detached dwelling, provided that the dwellings sharing party walls are constructed at the same time.
         D.   Multiple dwelling.
         E.   Community garage.
      (2)   Accessory uses.
         A.   Customary accessory uses on the same lot with a principal use authorized by right or by special exception in this District.
         B.   Signs, as authorized by Article 1375.
         C.   Home occupation, subject to Section 1323.02(a)(2)C.
         D.   Private garages. (Ord. 2717.  Passed 2-10-86.)
   (b)   Uses by Special Exception.
      (1)   Principal uses.
         A.   Any use authorized as a use by special exception subject to the applicable express standards and criteria in the R-3 Residence District, except conversion of dwellings and communication facilities  and tower sites as defined in this Zoning Ordinance.  (Ord. 3033.  Passed 4-15-96.)
         B.   Mobile home parks, subject to the following express standards and criteria:
            1.   The minimum site area required for a mobile home park shall be ten contiguous acres.
            2.   The site shall have frontage on and direct vehicular access to an arterial or collector road as defined by this Zoning Ordinance.
            3.   A minimum fifty foot yard clearance shall be maintained around the entire perimeter of the mobile home park site.
            4.   Individual mobile home lots shall meet the following minimum requirements:
 
 
Lot area:
6,000 square feet
Lot width:
60 feet
Interior yards:
25 feet from interior access roads 30 feet between parallel ends or sides of mobile homes or other principal buildings 15 feet between mobile homes and any accessory buildings.
 
            5.   Support and anchoring.  Individual mobile homes shall be placed upon suitable supports to insure the unit will remain level and free from structural damage.  Each mobile home shall be provided with an anchoring system to prevent and resist overturning or lateral movement caused by wind forces.  Such anchoring shall be equivalent to or exceed NFPA Standard No. 501A-1974 (ANSI A119.3-1975).
            6.   Skirting.  Each mobile home shall be skirted with an enclosure of compatible design and material.  Such skirting will provide adequate ventilation to inhibit the formation of moisture and decay.
            7.   Common facilities.  No less than ten percent (10%) of the mobile home park site shall be devoted to common facilities for passive and active recreation limited to use by the residents of the mobile home park.  Such common facilities may include, but shall not be limited to, community clubs, swimming pools, tennis courts, parks, playgrounds, shelters, hiking trails, hobby areas, laundries and service buildings for resident use.
            8.   Screening.  All property lines adjoining residential use or zoning classification shall be screened by a buffer area as defined by this Zoning Ordinance which is at least fifteen feet in depth measured from the property line.
            9.   Sidewalks at least three feet in width shall be provided along at least one side of the interior streets.
            10.   Interior streets shall be lighted.
         C.   Fraternal or social club or lodge, subject to the following express standards and criteria:
            1.   The minimum lot area required shall be 10,000 square feet.
            2.   The site shall have frontage on the direct vehicular access to a street defined by this Zoning Ordinance as arterial or collector.
            3.   The buildings and services shall be restricted to the members and their guests.
            4.   Activities shall not be advertised to the general public.
            5.   The club or lodge shall be operated by a nonprofit organization.
            6.   Off-street parking shall be provided in accordance with the requirements of Article 1363.
            7.   All lighting shall be shielded away from adjacent properties.
            8.   Operations shall cease between the hours of 2:00 a.m. and 6:00 a.m.
            9.   All property lines adjoining residential use or zoning classification shall be screened by a buffer area as defined by this Zoning Ordinance which is at least six feet in depth measured from the property line.
            10.   All such uses shall be subject to the noise standards specified in Section 1371.15(c).
         D.   Nursing home, subject to the following express standards and criteria:
            1.   The minimum site required shall be one acre.
            2.   The facility shall be licensed by the Commonwealth.
            3.   Buildings shall have a bed capacity of not less than twenty beds and not more than 200 beds.
            4.   Nursing homes shall not be considered dwelling units and shall not be governed by the dwelling unit density requirements of the district in which they are located.
            5.   Adequate open space shall be provided for outdoor activity, consistent with the needs of the residents.
            6.   Outdoor lighting shall be shielded from adjacent properties.
            7.   Off-street parking and loading shall be provided in accordance with the requirements of Section 1363.03.
            8.   A buffer area, as defined by this Zoning Ordinance shall be provided along all property lines adjoining residential use or zoning classification.  The buffer area shall be at least six feet in depth as measured from the property line.
         E.   Mortuary, subject to the following express standards and criteria:
            1.   The minimum site area shall be 20,000 square feet.
            2.   The site shall have frontage on and direct vehicular access to an arterial or collector road as defined by this Zoning Ordinance.
            3.   Off-street parking and loading shall be provided in accordance with the requirements of Section 1363.03.
            4.   All lighting shall be shielded away from adjacent properties.
            5.   All property lines adjoining residential use or zoning classification shall be screened by a buffer area as defined by this Zoning Ordinance which shall be at least four feet in depth measured from the property line.
               (Ord. 2717.  Passed 2-10-86.)
 

1329.03 AREA REGULATIONS.

   The following area regulations shall apply, excepting designed multiple dwelling projects which are regulated by the provisions of Article 1351.
   (a)   Lot Area and Width.  A lot area of not less than 3,500 square feet per family shall be provided for every building hereafter erected or used in whole or in part as a dwelling.  The minimum lot width at the building line shall be thirty-five feet for a single-family or two-family detached dwelling and twenty-five feet for single-family and two-family semi-detached dwellings.
   (b)   Building Coverage.  Not more than fifty percent (50%) of the area of each lot may be occupied by buildings.
   (c)   Front Yard.  There shall be a front yard on each street on which a lot abuts which shall not be less than fifteen feet in depth.
   (d)   Side Yards.
      (1)   For every single-family or two-family detached dwelling, there shall be two side yards, neither of which shall be less than five feet in width.
      (2)   For every single-family or two-family semi-detached dwelling, there shall be one side yard which shall be not less than seven feet in width.
      (3)   For every multiple dwelling and for every building other than a dwelling, there shall be two side yards, neither of which shall be less than eight feet in width.
   (e)   Rear Yard.  There shall be a rear yard on each lot which shall be not less than fifteen percent (15%) of the average depth of the lot, but in any event, it need not exceed fifteen feet, except on corner lots where there shall be no rear yard required.
   (f)   Height of Buildings.  See Section 1371.02.
      (Ord. 2717.  Passed 2-10-86; Ord. 2942.  Passed 7-19-93.)
 

1329.04 PARKING AND LOADING.

   All authorized uses are subject to the applicable parking and loading requirements specified in Article 1363.
(Ord. 2717.  Passed 2-10-86.)
 
 
 

1331.01 APPLICABILITY.

   In C-1 Commercial Districts, the following regulations shall apply.
(Ord. 2717.  Passed 2-10-86.)
 

1331.02 USE REGULATIONS.

   A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:
   (a)   Permitted Uses By Right.
      (1)   Principal uses.
         A.   Multiple dwelling in combination with business use.
         B.   Retail store.
         C.   Personal service shop, including, but not limited to, tailor, barber, beauty, dressmaking, shoe repair, laundry, dry cleaners or similar enterprises providing services to persons, their apparel or personal effects.
         D.   Restaurant, tea room, caterer.
            (Ord.  2717.  Passed 2-10-86.)
         E.   Business or professional office, including single occupancy medical office, but not including designed medical center, as defined herein.
            (Ord. 2874.  Passed 12-17-90.)
         F.   Studio.
         G.   Confectionary or bakery store.
         H.   Coin-operated laundromat or valet shop.
         I.   Bank or other financial institution.
         J.   Public garage or community garage.
      (2)   Accessory uses.
         A.   Customary accessory uses on the same lot with a principal use authorized by right or by special exception in this District.
         B.   Signs, as authorized by Article 1375.
   (b)   Uses By Special Exception.
      (1)   Principal uses.
         A.   Medical clinic or medical office building subject to the express standards and criteria contained in Article 1355.
         B.   Day care centers, subject to the following express standards and criteria:
            1.   The building in which the Day Care Center is housed shall be located on a lot which has a minimum area of 20,000 square feet.
            2.   Safe access and areas for discharging and picking up children shall be provided.
            3.   Outdoor play areas for children shall be provided and shall be secured by a fence with a self-latching gate.
            4.   The general safety of the site proposed for a day care center shall be evaluated as it relates to the needs of small children.
            5.   The facility shall be licensed by the Commonwealth.
            6.   Day Care Centers which are proposed for the elderly or handicapped shall be designed to maximize accessibility for the clients.  Indoor or outdoor recreational facilities shall be provided which are appropriate to the clients needs.
               (Ord. 2717.  Passed 2-10-86; Ord. 2874.  Passed 12-17-90.)
         C.   Mortuary, subject to the following express standards and criteria.
         1.   The minimum site area shall be 20,000 square feet.
         2.   The site shall have frontage on and direct vehicular access to an arterial or collector road as defined by this Zoning Ordinance.
         3.   Off-street parking and loading shall be provided in accordance with the requirements of Section 1363.03.
         4.   All lighting shall be shielded away from adjacent properties.
         5.   All property lines adjoining residential use or zoning classification shall be screened by a buffer area as defined by this Zoning Ordinance which shall be at least four feet in depth measured from the property line.
         D.   Any use of the same general character as any of the uses permitted by right or special exception in this District, subject to the following express standards and criteria:
            1.   The impact of the use shall be equal to or less than any authorized use.
            2.   The use shall comply with all standards and criteria for similar uses permitted by right or special exception.
            3.   The use shall comply with the performance standards specified in Section 1371.15.
            4.   The use shall be consistent with the statement of intent and goals and objectives of this Zoning Ordinance.
               (Ord. 2717.  Passed 2-10-86.)
 

1331.03 BUFFER AREA.

   A buffer area shall be provided along all lot lines abuting residentially zoned land and along property lot lines of single-family or two-family dwellings.  The buffer area shall be comprised of either of the following:
   (a)   A continuous fence at least six feet in height, no less than one-half the surface of which is opaque, unless existing differences in elevation between adjacent properties render a fence ineffective as a buffer; or
   (b)   A buffer area, as defined by this Zoning Ordinance, at least five feet in width, as measured from the property line, which meets the standards of this Zoning Ordinance for a buffer area within three years from the date of installation.
      (Ord. 2717.  Passed 2-10-86.)
 

1331.04 EXTERIOR WALL SURFACES.

   (a)   No building shall be erected in this District, whether principal or accessory, which has any part of its exposed exterior wall surface composed of concrete block or cinder block, except as hereinafter set forth.  Exposed exterior surfaces on such buildings shall be composed of the following materials only; unless an additional material is approved by the Planning Commission, to be of equal or superior quality and aesthetic character when used under the circumstances proposed:
      (1)   Brick;
      (2)   Stone;
      (3)   Glass;
      (4)   Metal, only as approved by the Planning Commission;
      (5)   Marble;
      (6)   Wood for trim purposes only, unless approved by the Planning Commission.
 
   (b)   Concrete block may be used for exposed exterior wall surfaces on the rear wall only where upon approval of the Planning Commission such building is so located that such rear wall would not be viewable by passersby or any part of the general public.
(Ord. 2717.  Passed 2-10-86.)
 

1331.05 AREA AND BULK REGULATIONS.

   All uses in this District shall be subject to the following regulations.
   (a)   Lot Area.  A lot area of not less than 1,000 square feet per family shall be provided for every building hereafter erected or used in whole or in part for residence purposes.  Unless otherwise required by specific criteria for a use by special exception, a minimum lot area of 6,000 square feet shall be provided for every building hereafter erected or added to or used in whole or in part for commercial purposes.
   (b)   Building Coverage. Every lot used in whole or in part for residence or commercial purposes not more than fifty percent (50%) of the lot area shall be occupied by buildings.
   (c)   Front Yard. There shall be a front yard on each street on which a lot abuts which shall not be less than fifteen feet in depth.
   (d)   Side Yards.
      (1)   For every detached building erected or used exclusively as a dwelling there shall be two side yards, neither of which shall be less than five feet.
      (2)   For every semi-detached building erected or used exclusively as a dwelling, there shall be one side yard which shall not be less than five feet.
      (3)   Commercial buildings which share a common wall along a common property line in a commercial district shall not be required to provide a side yard on the common property line; however, along any property line of any such lot or lots in a commercial district which adjoins single family use or zoning classification, a fifteen foot side yard shall be required.
      (4)   Commercial buildings which do not share a common wall along a common property line in a commercial district shall provide two side yards, neither of which shall be less than five feet, except that where the lot adjoins single family use or zoning classification, a fifteen foot side yard shall be required.
   (e)   Rear Yard.  There shall be a rear yard on each lot which shall not be less than fifteen feet in depth, except on corner lots where there shall be no rear yard required.
   (f)   Height of Buildings.  See Section 1371.02.
      (Ord. 2717.  Passed 2-10-86; Ord. 2942.  Passed 7-19-93.))
 

1331.06 PARKING AND LOADING.

   All authorized uses are subject to the applicable parking and loading requirements specified in Article 1363.
(Ord. 2717.  Passed 2-10-86.)
 

1331.07 PERFORMANCE STANDARDS.

   All authorized uses in this District are subject to the performance standards specified in Section 1371.15.
(Ord.  2717.  Passed 2-10-86.)
 
 
 

1333.01 APPLICABILITY.

   In C-2 Commercial Districts, the following regulations shall apply.
(Ord. 2717.  Passed 2-10-86.)
 

1333.02 USE REGULATIONS.

   A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:
   (a)   Permitted Uses By Right.
      (1)   Principal uses.
         A.   Any use permitted by right in the C-1 Commercial District, except multiple dwellings in combination with business uses.
         B.   Hotel; rooming, boarding or tourist house.
         C.   Theaters and other places of amusement.
         D.   Newspaper or job printing establishment.
            (Ord. 2717.  Passed 2-10-86.)
         E.   “Animal Shelters/Kennels” operated by White Oak Borough and/or a non-profit organization under the auspices of White Oak Borough. 
(Ord. 3192.  Passed 10-16-00.)
         F.   “Animal Shelters/Kennels” operated as for profit businesses, provided that such businesses shall only be permitted on C-2 properties fronting Lincoln Way, east of the intersection of Lincoln Way and Stewartsville Hollow Road.
            (Ord. 3584.  Passed 7-19-10.)
      (2)   Accessory uses.
         A.   Customary accessory uses on the same lot with a principal use authorized by right or by special exception in this District.
         B.   Signs, as authorized by Article 1375.
   (b)   Uses By Special Exception.
      (1)   Principal uses.
         A.   Any use by special exception authorized in the C-1 District, subject to the applicable express standards and criteria in Section 1331.02(b).
            (Ord. 2717.  Passed 2-10-86.)
         B.   Multi-Family Dwellings, subject to the express standards and criteria contained in Article 1351.
            (Ord. 2749.  Passed 9-10-86.)
         C.   Shopping centers, subject to the express standards and criteria contained in Article 1359 governing community service or shopping centers.
         D.   Fraternal or social clubs or lodges, subject to the express standards and criteria in Section 1329.02(b)(1)C.
         E.   Service station as defined by this Zoning Ordinance, subject to the following express standards and criteria:
            1.   The minimum site area shall be 20,000 square feet.
            2.   The site shall have frontage on and direct vehicular access to an arterial or collector street as defined by this Zoning Ordinance.
            3.   No gasoline pump shall be located within fifteen feet of any street line.
            4.   No building, stand, oil rack or other apparatus, other than which is necessary for quick service to an automobile, shall be located within thirty-five feet of any street line.
            5.   All minor repair work and such activities as car washing and lubrication shall be performed within an enclosed building.
            6.   There shall be no storage of equipment, materials or wrecked or dismantled vehicles outside an enclosed building.
            7.   There shall be no more than one motor vehicle per employee and employer plus three customers' vehicles per repair bay parked outside an enclosed building at any time.
            8.   All lighting shall be shielded away from adjacent properties.
            9.   All property lines adjoining residential use or zoning classification shall be screened by a buffer area as defined by this Zoning Ordinance which shall be at least four feet in depth measured from the property line.
         F.   Car wash, subject to the following express standards and criteria:
            1.   The minimum site area shall be 10,000 square feet.
            2.   The site shall have direct access to an arterial or collector street as defined by this Zoning Ordinance.
            3.   All property lines adjoining residential use or zoning classification shall be screened by a buffer area as defined by this Zoning Ordinance which shall be at least four feet in depth measured from the property line.
            4.   Gasoline pumps for servicing cars may be located on the property.  Gasoline pumps when installed shall not be within fifteen feet of any street line.
            5.   No car repair work and no car lubrication shall be performed on the property.
            6.   All car washing shall be performed within an enclosed building.
            7.   In addition to all other required parking areas, sufficient paved automobile storage area shall be provided so that at anticipated peak business hours automobiles waiting to be washed shall not overflow onto adjacent properties, streets, or berms.
            8.   Drainage water from the washing operation shall be controlled so as not to become a nuisance or hazard to persons using adjoining properties, and so that water does not drain onto berms or roadways.
         G.   New and used motor vehicle sales, subject to the following express standards and criteria:
            1.   The minimum site area shall be two acres.
            2.   The site shall have frontage on and direct vehicular access to an arterial or collector street as defined by this Zoning Ordinance.
            3.   Any outdoor display area for new or used car sales shall be adquately secured by a fence or other appropriate means to insure safety of the vehicles during non-business hours.
            4.   The area used for the display of merchandise offered for sale and the area used for the parking of customer and employee automobiles shall be continuously maintained in either concrete, over a base of crushed stone compacted to not less than six inches in depth, or such other surfacing of an equivalent or superior character if same is first approved by the Building Inspector.
            5.   All such lots used for the outdoor display of automobiles shall have included on the same zoning lot, and as part of the same business facility, a completely enclosed structure of not less than 1,400 square feet of floor area, and all repair, servicing, sales and customer car washing shall be located and conducted therein.
            6.   No article or merchandise shall be displayed outdoors less than five feet from the lot lines of adjacent properties.
            7.   All lights and light poles shall be located and erected in such a fashion that the closest edge of such structure or equipment shall be not less than ten feet from the nearest edge of the street right-of-way line, and all lights and illumination shall be directed into the sales area and away from the adjoining streets and adjacent lots.
            8.   No strings of lights or flags, flashers, or any other display paraphernalia shall be permitted on such zoning lot, on any of the structures or poles attached thereto, or in or on the merchandise displayed outdoors, except for such signs otherwise allowed under this Zoning Ordinance and subject to the limitations of Article 1375.
            9.   No vehicle shall be displayed or offered for sale outdoors which does not have all of the mechanical and body components necessary for the safe and lawful operation thereof on the streets and highways of the Commonwealth.
            10.   All required off-street parking stalls shall be reserved exclusively for the parking of customer or employee automobiles, and are not to be used for the display of merchandise.  Separation by curb, wall, planting, fence, grass stripping or painting shall be required between the customer parking area and the outdoor display area.
            11.   Customer vehicles with external damage awaiting repairs shall be located either indoors or in an area outdoors containing at least one parking space for each 200 square feet of floor area devoted to body repair.  Such area shall be located and screened in such fashion so that the vehicles therein will not be visible from the public streets or highways or from surrounding properties.
            12.   All property lines adjoining residential use or zoning classification shall be screened by a buffer area as defined by this Zoning Ordinance which shall be at least four feet in depth measured from the property line.
         H.   Repair garage, as defined by this Zoning Ordinance, subject to the following express standards and criteria:
            1.   The minimum site area shall be 10,000 square feet.
            2.   The site shall have frontage on and direct vehicular access to an arterial or collector street as defined by this Zoning Ordinance.
            3.   Hydraulic hoists, pits and all lubrication, greasing, automobile-washing and repair equipment shall be entirely enclosed within a building.
            4.   No building, stand, oil-rack or other apparatus, other than which is necessary for quick service to an automobile, shall be located within thirty-five feet of any street line.
            5.   In addition to parking areas required by Section 1363.03, adequate provision shall be made for vehicle maneuvering areas outside a building which shall have an all-weather surface.
            6.   There shall be no storage of any wrecked or dismantled vehicle outside a building for longer than two weeks.
            7.   All property lines adjoining residential use or zoning classification shall be screened by a buffer area as defined by this Zoning Ordinance which shall be at least four feet in depth measured from the property line.
         I.   Laundry or dry cleaning plant, subject to the following express standards and criteria:
            1.   Adequate provisions shall be made to contain all poisonous or obnoxious odors or fumes.
            2.   An unobstructed area twenty feet in depth from the building wall shall be provided on all sides of the building to afford access by emergency vehicles and fire protection to adjacent buildings.
         J.   Any use of the same general character as any of the uses permitted by right or special exception in this District, subject to the following express standards and criteria:
            1.   The impact of the use shall be equal to or less than any authorized use.
            2.   The use shall comply with all standards and criteria for similar uses permitted by right or special exception.
            3.   The use shall comply with the performance standards specified in Section 1371.15.
            4.   The use shall be consistent with the statement of intent and goals and objectives of this Zoning Ordinance.
               (Ord. 2717.  Passed 2-10-86.)
         K.   Those forms of adult arcade, adult bookstore or video store, adult cabarets, adult motels, adult motion picture theaters, and all other adult and sexually explicit or sexually oriented business operations defined in Section 1371.23 in accordance with the requirements set out in Section 1371.23 hereafter.
            (Ord. 3007.  Passed 7-17-95.)
         L.   Senior Retirement Living Facility: as a special exception subject to the express and pertinent standards and criteria contained in Article 1351.  All other provisions of this section remain in full force and effect. 
(Ord. 3172.  Passed 6-14-00.)
 

1333.03 AREA AND BULK REGULATIONS.

   All uses in this District shall be subject to the following regulations:
   (a)   Lot Area.  Unless otherwise required by the specific criteria for a use by special exception, a minimum lot area of 15,000 square feet shall be provided for every building hereafter erected or added to in the C-2 District.
   (b)   Building Coverage.  For every lot used in whole or in part for commercial purposes, not more than forty percent (40%) of the lot area shall be occupied by buildings.
   (c)   Front Yard.  There shall be a front yard on each street on which a lot abuts which shall not be less than thirty feet in depth.
   (d)   Side Yards.  Each side yard shall be not less than ten feet in width, except along property lines adjoining single-family use or zoning classification where the required side yard shall be thirty feet.
   (e)   Rear Yard. On corner lots there shall be no rear yard required.  On all other lots, there shall be a rear yard which shall not be less than twenty feet in depth, except along property lines adjoining single family use or zoning classification where the required rear yard shall be thirty feet.
   (f)   Height of Buildings.  See Section 1371.02.
      (Ord. 2717.  Passed 2-10-86; Ord. 2942.  Passed 7-19-93.)
 

1333.04 BUFFER AREA.

   A buffer area shall be provided along all lot lines abutting residentially zoned land and along property lines of single-family or two-family dwellings.  The buffer area shall be comprised of either of the following:
   (a)   A continuous fence at least six feet in height, no less than one-half the surface of which is opaque, unless existing differences in elevation between adjacent properties render a fence ineffective as a buffer; or
   (b)   A buffer area, as defined by this Zoning Ordinance, at least five feet in width, as measured from the property line, which meets the standards of this Zoning Ordinance for a buffer area within three years from the date of installation.
      (Ord. 2717.  Passed 2-10-86.)
 

1333.05 DRIVEWAY LOCATION.

   All uses in this District shall be subject to the following provisions regarding driveway locations.  The minimum distance between driveways shall be 100 feet measured from driveway edge to driveway edge.  When properties have less than 100 feet of frontage, the driveway shall be located at the most extreme distance feasible from another driveway.  The distance along the road frontage between driveways shall contain concrete or asphalt curbs, guard railing, landscaping or similar traffic barriers to prohibit ingress/egress by vehicles at points other than designated driveways.  All driveways shall be located at least thirty feet from any intersection right-of-way line.
(Ord. 2717.  Passed 2-10-86.)
 

1333.06 EXTERIOR WALL SURFACES.

   (a)   No building shall be erected in this District, whether principal or accessory, which has any part of its exposed exterior wall surface composed of concrete block or cinder block, except as hereinafter set forth.  Exposed exterior surfaces on such buildings shall be composed of the following materials only, unless an additional material is approved by the Planning Commission, to be of equal or superior quality and aesthetic character when used under the circumstances proposed:
      (1)   Brick;
      (2)   Stone;
      (3)   Glass;
      (4)   Metal, only as approved by the Planning Commission;
      (5)   Marble;
      (6)   Wood for trim purposes only, unless approved by the Planning Commission.
 
   (b)   Concrete block may be used for exposed exterior wall surfaces on the rear wall only where upon approval of the Planning Commission such building is so located that such rear wall would not be viewable by passersby or any part of the general public.
(Ord. 2717.  Passed 2-10-86.)
 

1333.07 PARKING AND LOADING.

   All authorized uses are subject to the applicable parking and loading requirements specified in Article 1363.
(Ord. 2717.  Passed 2-10-86.)
 

1333.08 PERFORMANCE STANDARDS.

   All authorized uses in this District are subject to the performance standards specified in Section 1371.15.
(Ord. 2717.  Passed 2-10-86.)
 
 
 

1335.01 APPLICABILITY.

   In I-1 Light Industrial Districts, the following regulations shall apply.
(Ord. 2717.  Passed 2-10-86.)
 

1335.02 USE REGULATIONS.

   A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:
   (a)   Permitted Uses By Right.
      (1)   Principal uses.
         A.   Any use permitted by right in the C Commercial Districts.
         B.   Heating and air conditioning shops.
         C.   Plumbing shops and sales.
         D.   Welding and electrical repair shops.
         E.   Vehicle repairs, body and fender for passenger, trucks, and buses, including painting.
         F.   Die and machine shops.
         G.   Warehouse and wholesale storage shops.
         H.   Lumber and supply shops, including millwork, cabinet and wooden patterns and sales.
         I.   Contractor's equipment plant or storage yard.
         J.   Distribution plan for finished goods, including parcel delivery.
         K.   Ice and cold storage plant and bottling plant.
         L.   Manufacture of metal parts from metallic powder.
         M.   Laboratories, experimental or testing.
         N.   Design and manufacture of electronic equipment.
         O.   Machining and assembly of motors, compressors, pumps and allied products.
         P.   Stone or monument works.
         Q.   Truck terminal.
         R.   Plastics manufacture and fabrication.
         S.   Industrial trade school.
      (2)   Accessory uses.
         A.   Customary accessory uses on the same lot with a principal use authorized by right or by special exception in this District.
         B.   Signs, as authorized by Article 1375.
   (b)   Uses By Special Exception:
      (1)   Principal uses.  Any use of the same general character as any of the uses permitted by right or special exception in this District, subject to the following express standards and criteria:
         A.   The impact of the use shall be equal to or less than any authorized use.
         B.   The use shall comply with all standards and criteria for similar uses permitted by right or special exception.
         C.   The use shall comply with the performance standards specified in Section 1371.15.
         D.   The use shall be consistent with the statement of intent and goals and objectives of this Zoning Ordinance.
            (Ord. 2717.  Passed 2-10-86.)
 

1335.03 AREA AND BULK REGULATIONS.

   (a)   Side Access.  The site shall have direct access to an arterial or collector road or shall have access thereto by means of a connecting road constructed primarily within the I-1 District to minimize impacts on local and/or residential roads.
 
   (b)   Lot Area.  A minimum lot area of 20,000 square feet shall be provided for every building hereafter erected in the I-1 District.
 
   (c)   Building Coverage.  For every lot used in whole or in part for commercial or industrial purposes, not more than fifty percent (50%) of the lot area shall be occupied by buildings.
 
   (d)   Front Yard. There shall be a front yard on each street on which a lot abuts which shall not be less than thirty feet in depth.
 
   (e)   Side Yards.  Each side yard shall not be less than ten feet in width, except along property lines adjoining single family use or zoning classification where the required side yard shall be thirty feet.
 
   (f)   Rear Yard. There shall be a rear yard in each lot which shall not be less than thirty feet in depth, except on corner lots where there shall be no rear yard required.
 
   (g)   Height of Buildings.  See Section 1371.02.
(Ord. 2717.  Passed 2-10-86; Ord. 2942.  Passed 7-19-93.))
 

1335.04 BUFFER AREA.

   A buffer area shall be provided  along all lot lines abutting residentially and commercially zoned land and along property lines of single-family dwellings, two-family dwellings, multiple- family dwellings and structures in commercially zoned land.  The buffer area shall be comprised of the following:
   (a)   A buffer area, as defined by this Zoning Ordinance, at least twenty-five feet in width, as measured from the property line, which meets the standards of this Zoning Ordinance for a buffer area within three years from the date of installation.  (Ord. 3092.  Passed 7-20-98.)
 

1335.05 PARKING AND LOADING.

   All authorized uses are subject to the applicable parking and loading requirements specified in Article 1363.
(Ord. 2717.  Passed 2-10-86.)
 

1335.06 PERFORMANCE STANDARDS.

   All authorized uses in this District are subject to the performance standards specified in Section 1371.15.
(Ord. 2717.  Passed 2-10-86.)
 
 
 

1337.01 APPLICABILITY.

   In I-2 Industrial Districts, the following regulations shall apply.
(Ord. 2717.  Passed 2-10-86.)
 

1337.02 USE REGULATIONS.

   A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:
   (a)   Permitted Uses by Right.
      (1)   Principal uses.  Any use permitted by right in the I-1 District, except uses permitted in C Commercial Districts.
      (2)   Accessory uses.
         A.   Customary accessory uses on the same lot with a principal use authorized as a use by special exception in this District.
         B.   Signs, as authorized in Article 1375.
   (b)   Uses By Special Exception.
      (1)   Principal uses.
         A.   Heavy manufacturing, subject to the following express standards and criteria:
            1.   All activities shall be conducted within completely enclosed buildings or structures.
            2.   All uses shall comply with the performance standards of Section 1371.15.
            3.   Manufacturing processes involving the rendering of fats and oils or the slaughtering of animals shall not be permitted.
            4.   Kilns shall be fired only by electricity or gas.
            5.   All activities involving use and/or storage of flammable and explosive materials shall be prohibited unless adequate safety devices shall be provided against the hazards of fire and explosion.
         B.   Landfills, subject to the following express standards and criteria:
            1.   The minimum site shall be twenty acres.
            2.   Landfill operations shall not be conducted within 200 feet of any property lines adjoining residential use or zoning .
            3.   All property lines adjoining residential use or zoning classification shall be screened by a buffer area as defined by this Zoning Ordinance which is at least fifteen feet in depth measured from the property line.
            4.   Fencing at least six feet in height shall be provided around any work area for security and to control windblown .
            5.   The applicant shall show compliance with applicable state and federal laws regulating landfills.
            6.   The applicant shall obtain the required permits from the Pennsylvania Department of Environmental Protection Agency prior to initiating any operation.
            7.   The required state or federal permits shall be maintained throughout the duration of all landfill operations.
            8.   Any suspension or revocation of the required state or federal permits shall constitute a violation of this Zoning Ordinance and will result in the suspension or revocation of the zoning certificate or enforcement of the penalty provisions of this Zoning Ordinance or both.
            9.   In January of each year, the operator shall apply to the Zoning Officer for renewal of the Zoning Certificate and shall present evidence of continuing compliance with all conditions of approval and required state or federal permits.
         C.   Any use of the same general character as any of the uses permitted by right or special exception in this District, subject to the following express standards and criteria:
            1.   The impact of the use shall be equal to or less than any authorized use.
            2.   The use shall comply with all standards and criteria for similar uses permitted by right or special exception.
            3.   The use shall comply with the performance standards specified in Section 1371.15.
            4.   The use shall be consistent with the statement of intent and goals and objectives of this Zoning Ordinance.
               (Ord. 2717.  Passed 2-10-86.)
 

1337.03 AREA AND BULK REGULATIONS.

   All uses in this District shall be subject to the following regulations:
   (a)   Site Access.  The site shall have direct access to an arterial or collector road or shall have access thereto by means of a connecting road constructed primarily within the I-2 District to minimize impacts on local and/or residential streets.
   (b)   Building Area.  A minimum lot area of two acres shall be provided for every building hereafter erected in the I-2 District.
   (c)   Building Coverage.  For every lot used in whole or in part for industrial purposes, not more than fifty percent (50%) of the lot area shall be occupied by buildings.
   (d)   Front Yard. There shall be a front yard on each street on which a lot abuts which shall not be less than fifty feet in depth.
   (e)   Side Yards. Each side yard shall be not less than twenty feet, except along property lines adjoining single-family use or zoning classification where the required side yard shall be fifty feet.
   (f)   Rear Yard.  On corner lots, there shall be no rear yard required.  On all other lots, there shall be a rear yard which shall not be less than thirty feet in depth, except along property lines adjoining single family use or zoning classification where the required rear yard shall be fifty feet.
   (g)   Height of Buildings. See Section 1371.02.
   (h)   Public Utilities. The site shall be serviced by public water and sewer facilities and no industrial waste shall be discharged into the public sewers of the Borough.
      (Ord. 2717.  Passed 2-10-86; Ord. 2942.  Passed 7-19-93.)
 

1337.04 BUFFER AREA.

   A buffer area shall be provided along all lot lines abutting residentially zoned land and along property lines of single-family or two-family dwellings.  The buffer area shall be comprised of either of the following:
   (a)   A continuous fence at least six feet in height, no less than one-half the surface of which is opaque, unless existing differences in elevation between adjacent properties render a fence ineffective as a buffer; or
   (b)   A buffer area, as defined by this Zoning Ordinance, at least ten feet in width, as measured from the property line, which meets the standards of this Zoning Ordinance for a buffer area within three years from the date of installation.
      (Ord. 2717.  Passed 2-10-86.)
 

1337.05 PARKING AND LOADING.

   All authorized uses in this District are subject to the applicable parking and loading requirements specified in Article 1363.
(Ord. 2717.  Passed 2-10-86.)
 

1337.06 PERFORMANCE STANDARDS.

   All authorized uses in this District are subject to the performance standards specified in Section 1371.15.
(Ord. 2717.  Passed 2-10-86.)
 
 
 

1339.01 GENERAL PROVISIONS.

   (a)   Applicability.  These provisions shall apply to all lands within the jurisdiction of the Borough and shown as being located within the boundaries of the designated floodplain districts which are considered a part of the official Zoning Map.
 
   (b)   Compliance.  No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered except in full compliance with the terms and provisions of this Zoning Ordinance and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this Zoning Ordinance. 
(Ord. 2717.  Passed 2-10-86.)
 
   (c)   Abrogation and Greater Restrictions. This article supersedes any other conflicting provisions which may be in effect in identified floodplain areas.  However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive.  If there is any conflict between any of the provisions of this article, the more restrictive shall apply.
 
   (d)   Severability.  If any section, subsection, paragraph, sentence, clause, or phrase of this article shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the article, which shall remain in full force and effect, and for this purpose the provisions of this article are hereby declared to be severable.
 
   (e)   Warning and Disclaimer of Liability.
      (1)   The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study.  Larger floods may occur.  Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris.  This article does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas will be free from flooding or flood damages.
      (2)   This article shall not create liability on the part of the Borough, or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. 
(Ord. 3014.  Passed 11-20-95.)
 

1339.02 ESTABLISHMENT.

   (a)   Basis of Districts.  The various flood plain districts shall include areas subject to inundation by waters of the 100 year flood.  The basis for the delineation of these districts shall be the Flood Insurance Study prepared for the Borough by the Federal Emergency Management Agency (FEMA).
      (1)   FW (Floodway Area). The areas identified as “Floodway” in the AE Zone in the Flood Insurance Study (FIS) prepared by the FEMA.  This term shall also include floodway areas which have been identified in other available studies or sources of information for those flood plain areas where no floodway has been identified in the FIS.
      (2)   FF (Flood-fringe Area). The remaining portions of the one hundred (100) year flood plain in those areas identified as an AE Zone in the FIS, where a floodway has been delineated.  The basis for the outermost boundary of this area shall be the 100 year flood elevations as shown in the FIS.
      (3)   FA (General Flood Plain Area.)  The areas identified as Zone A in the FIS for which no one hundred (100) year flood elevations have been provided.  In determining the necessary elevations for the purposes of this article, the following methods shall be used:
         A.   A flood elevation shall be approximated by determining the actual ground elevation at the point of the General Flood Plain Area Boundary nearest to the development.
         B.   Other sources of data may be used such as:
            1.   Corps of  Engineers  - Flood Plain Information Reports. 
            2.   U.S. Geological Survey - Flood Prone Quadrangles.
            3.   U.S.D.A., Soil Conservation Service - County Soils Surveys.
            4.   Known high-water Marks from past floods.
            5.   Other sources.
If such information exists, a flood elevation determined from these sources may be substituted for the method described above.
         (Ord. 3014.  Passed 11-20-95.)
 
   (b)   Overlay Concept.
      (1)   The floodplain districts described above shall be overlays to the existing underlying districts as shown on the official Zoning Ordinance Map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.
       (2)   Where there happens to be any conflict between the provisions or requirements of any of the floodplain districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.
(Ord. 2717.  Passed 2-10-86.)
 
   (c)   Zoning Map.  The boundaries of the flood plain districts are delineated on the map entitled “Flood Insurance Rate Map” which is part of the Flood Insurance Study prepared by the Federal Emergency Management Agency, dated October 4, 1995.  The Flood Insurance Rate Map is hereby declared to be a part of both this article and the Official Zoning Map of the Borough.
(Ord. 3014.  Passed 11-20-95.)
 
   (d)   District Boundary Changes.  The delineation of any of the floodplain districts may be revised by the governing body where natural or man-made changes have occurred and/or more detailed studies, conducted or undertaken by the U.S. Army Corps of Engineers, the Ohio River Basin Commission or other qualified agency or individual, documents the justification for such changes.  However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA).
 
   (e)   Interpretation of District Boundaries.  Initial interpretations of the boundaries of the floodplain districts shall be made by the Zoning Officer.  Should a dispute arise concerning the boundaries of any of the districts, the Zoning Hearing Board shall make the necessary determination.  The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence, if he so desires. 
(Ord. 2717.  Passed 2-10-86.)
 

1339.03 DISTRICT PROVISIONS.

   (a)   All uses, activities and development occurring within any floodplain district shall be undertaken, only in strict compliance with the provisions of this Zoning Ordinance and with all other applicable codes and ordinances such as the Borough Subdivision Ordinance, as amended.
 
   (b)   No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Municipality, and until all required permits and approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands.  In addition, all such uses, activities, and development shall be undertaken only in compliance with Federal or State law including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
 
   (c)   Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system.
 
   (d)   In the Flood Plain Districts, the development and/or use of land shall be permitted in accordance with the regulations of the underlying district subject to the following:
      (1)   No new construction or development shall be allowed unless a Water Obstruction and Encroachment permit is obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands.
      (2)   No mobile home shall be permitted in the Floodway (FW) District.
      (3)   No new construction shall be located within the area measured fifty feet landward from the top of the bank of any watercourse unless a Water Obstruction and Encroachment permit is obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands.
      (4)   Development and/or use of land shall be permitted only in strict compliance with the elevation and related provisions of this article and all other applicable codes and ordinances. 
(Ord. 3014.  Passed 11-20-95.)
 

1339.04 ELEVATION, FLOODPROOFING AND CONSTRUCTION STANDARDS.

   (a)   Residential Structures.  Within any Flood Plain District, the lowest floor, including basement, of all residential structures shall be constructed at or above the 100 year flood elevation.  Fully enclosed space below the lowest floor is prohibited.
(Ord. 3014.  Passed 11-20-95.)
 
   (b)   Nonresidential Structures.
      (1)   Within any floodplain district, the lowest floor, including basement, of all nonresidential structures shall be constructed at or above the 100 year flood elevation, or such structures shall be designed and constructed so that the space enclosed shall remain either completely or essentially dry during any flood up to that height.
(Ord. 2717.  Passed 2-10-86.)
      (2)   Any non-residential structure, or part thereof, having a lowest floor which is not elevated to at least one and one half feet above the 100 year flood elevation, shall be floodproofed in a completely or essentially dry manner in accordance with the W1 or W2 space classification standards contained in the U.S. Army Corps of Engineers publication entitled “Flood-proofing Regulations”, (amended 1992) or some other equivalent standard.
      (3)   Fully enclosed space below the lowest floor (including basement) is prohibited. 
(Ord. 3014.  Passed 11-20-95.)
 
   (c)   Drainage Facilities.  Adequate storm drainage shall be provided for development within any floodplain district.  Storm drainage facilities shall be designed to convey the flow of storm water runoff in a safe and efficient manner.  The system shall insure drainage at all points along streets, and provide positive drainage away from buildings.  The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
(Ord. 2717.  Passed 2-10-86.)
 
   (d)   Sanitary Sewer Facilities.   No part of any on-site sanitary sewage disposal system shall be located within any identified flood plain area except in strict compliance with all State and local regulations.  Sanitary sewer facilities and systems shall be designed to minimize or eliminate the infiltration of flood waters into the systems and to prevent the discharge of untreated sewage into floodwaters, and be located and constructed to minimize flood damage.
(Ord. 3014.  Passed 11-20-95.)
 
   (e)   Water Facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of flood waters into the system, and be located and constructed to minimize flood damage.
 
   (f)   Utilities.  All utilities such as gas lines, electrical and telephone systems being placed in flood-prone areas shall be located and constructed to minimize the chance of impairment during a flood.
 
   (g)   Anchoring.  Within any floodplain district, all buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or lateral movement. 
(Ord. 2717.  Passed 2-10-86.)
 
   (h)   Special Requirements for Manufactured Homes.
      (1)   Within any FW (Floodway District), manufactured homes shall be prohibited.
      (2)   Within any FA (General Floodplain District), manufactured homes shall be prohibited within the area measured fifty feet landward from the top-of- bank of any watercourse.
      (3)   Where permitted within any floodplain districts, all manufactured homes, and any additions thereto, shall be:
         A.   Placed on permanent foundation.
         B.   Elevated so that the lowest floor of the manufactured home is one and one half feet or more above the elevation of the 100 year flood.
         C.   Anchored to resist flotation, collapse, or lateral movement.
            (Ord. 2877.  Passed 12-17-90.)
 
   (i)   Materials.  All materials and utility equipment used shall be resistant to flood damage. 
(Ord. 2717.  Passed 2-10-86.)
 
   (j)   Within any identified floodplain district, fully enclosed spaces below the lowest floor of any new or substantially improved structure shall be prohibited.
(Ord. 2877.  Passed 12-17-90.)
 
   (k)   Streets.  The finished elevation of all new streets shall be no more than one foot below the Regulatory Flood Elevation.
 
   (l)   Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, possibly injurious to human, animal, or plant life shall be stored at or above the Regulatory Flood Elevation.  In accordance with the Pennsylvania Flood Plain Management Act, any development which will be used for the production, storage or use of any of the following materials or substances shall be prohibited.
      (1)   Acetone
      (2)   Ammonia
      (3)   Benzene
      (4)   Calcium carbide
      (5)   Carbon disulfide
      (6)   Celluloid
      (7)   Chlorine
      (8)   Hydrochloric acid
      (9)   Hydrocyanic acid
      (10)   Magnesium
      (11)   Nitric acid and oxides of nitrogen
      (12)   Petroleum products
      (13)   Phosphorus
      (14)   Potassium
      (15)   Sodium
      (16)   Sulphur and sulphur
      (17)   Pesticides
      (18)   Radioactive substances, insofar as such substances are not otherwise regulated.
 
   (m)   Placement of Buildings and Structures. All buildings and structures shall be designed, located and constructed as to offer the minimum obstruction to the flow of water and have a minimum effect upon the flow and height of flood water.
 
   (n)   Electrical Components and Equipment.
      (1)   Electrical distribution panels shall be at least three feet above the 100 year flood elevation.
      (2)   Separate electrical circuits shall serve lower levels and shall be dropped from above.
      (3)   Electrical, mechanical, and utility equipment shall not be located below the Regulatory Flood Elevation.
 
   (o)   Fuel Supply Systems.  All gas and oil supply systems shall be designed to prevent the infiltration of flood waters into the system and discharges from the system into flood waters.  Additional provisions shall be made for the drainage of these systems in the event that flood water infiltration occurs. 
(Ord. 3014.  Passed 11-20-95.)
 

1339.05 EXISTING STRUCTURES.

   Structures existing in any designated floodplain districts prior to the enactment of this Zoning Ordinance, but which are not in compliance with these provisions, may continue to remain subject to the following:
   (a)   Existing structures located in a designated Floodway District shall not be expanded or enlarged, unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements.
   (b)   Any modification, alteration, reconstruction or improvement of any kind to any existing structure, to an extent or amount of less than fifty percent (50%) of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
   (c)   Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of fifty percent (50%) or more of its market value, shall be undertaken only in full compliance with the provisions of this Zoning Ordinance. 
(Ord. 2717.  Passed 2-10-86.)
 

1339.06 ADMINISTRATION.

   (a)   Permit Required.  A zoning permit shall be required for all construction and development in any floodplain district, including the alteration, repair, remodeling or improvement of existing structures.  In addition to the application requirements of Section 1305.03, the following additional information shall be included in an application for construction or development in any floodplain district:
      (1)   A site plan which details the existing and proposed contours and/or elevation of the ground, and the location of any existing bodies of water or watercourses, identified flood plain areas and, if available, information pertaining to the floodway and flow of water including direction and velocity. 
(Ord. 3014.  Passed 11-20-95.)
      (2)   The 100 year flood elevation, and the elevation of the lowest floor of any proposed structures;
(Ord. 2717.  Passed 2-10-86.)
      (3)   If a proposed structure is to be flood proofed, certification from a registered engineer or architect that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 100 year flood.
      (4)   The amount, location, and purpose of any materials or substances which in times of flooding may be injurious to human, animal, or plant life, and a description of the safeguards to prevent leaks or spills during a 100 year flood. 
(Ord. 3014.  Passed 11-20-95.)
 
   (b)   Other Permit Issuance Requirements.  Prior to the issuance of any permit the Zoning Officer shall review the application for permit to determine if all other necessary governmental permits such as those required by the state and federal laws have been obtained including those required by Act 537, the Pennsylvania Sewage Facilities Act, the Pennsylvania Water Obstructions Act of 1913, and the Federal Water Pollution Control Act Amendments of 1978, Section 404, U.S.C. 1334.  No permit shall be issued until this determination has been made.
 
   (c)   Watercourse Alterations.  Prior to the proposed alteration or relocation of a watercourse, the developer proposing such modification shall obtain a permit from the Pennsylvania Department of Environmental Resources, Bureau of Dams Safety, Obstruction and Storm Water Management.  Futhermore, the developer shall notify the Pennsylvania Department of Community Affairs and all affected communities by certified mail prior to such proposed alterations and shall submit copies of such notification to the Zoning Officer and the Federal Insurance Administration.
   In addition, the developer shall assure Council, in writing, that the flood-carrying capacity within the altered or relocated portion of the watercourse will be maintained.
(Ord. 2717.  Passed 2-10-86.)
 

1339.07 VARIANCES AND SPECIAL EXCEPTIONS.

   Requests for variances and/or special exceptions in the floodplain districts shall be considered by the Zoning Hearing Board in accordance with the following procedures:
   (a)   No variance shall be granted for any construction, development, use or activity within any designated Floodway (FW) District that would cause any increase in the 100 year flood elevation.
   (b)   If granted, a variance shall involve only the least modification necessary to provide relief.
   (c)   In granting any variance, the Zoning Hearing Board may attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety and welfare, and to achieve the objectives of this Zoning Ordinance.
   (d)   Whenever a variance is granted, the Zoning Hearing Board shall notify the applicant in writing that:
      (1)   The granting of the variance may result in increased premium rates for flood insurance; and
      (2)   Such variances may increase the risks to life and property.
   (e)   In reviewing any request for a variance, the Zoning Hearing Board shall consider, but not be limited to the following:
      (1)   That there is good and sufficient cause;
      (2)   That failure to grant the variance would result in exceptional hardship to the applicant; and
      (3)   That the granting of the variance will not result in any unacceptable or prohibited increase in flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimize the public or conflict with any other applicable local or state ordinances and regulations.
   (f)   A complete record of all variance requests and related actions shall be maintained by the Borough.  In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration. Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the hydrostatic and hydrodynamic loads and pressures and effects of buoyancy of the 100 year flood.
      (Ord. 2717.  Passed 2-10-86.)
 

1339.08 DEFINITIONS.

   The following are special definitions which shall be used in making reasonable interpretations of the provisions contained in this Article:
   (a)   “Basement”  means any area of the building having its floor below ground level on all sides. 
(Ord. 3014.  Passed 11-20-95.)
   (b)   "Completely dry space"  means a space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
   (c)   "Construction"  means the construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of mobile homes.
   (d)   "Designated floodplain districts"  means those floodplain districts specifically designated in the Zoning Ordinance as being inundated primarily by the 100 year flood.  Included would be areas identified as Floodway District (FW), Flood-Fringe District (FF) and the Approximated Floodplain District (FA).
   (e)   “Development”  means any man made change to improved or unimproved real estate including, but not limited to , buildings or other structures, the placement of mobile homes, streets, and other paving, mining, dredging, filling, grading, excavation or drilling operations, storage of equipment and materials and the subdivision of land.
   (f)   "Essentially dry space"  means a space which will remain dry during flooding except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
   (g)   "Floodproofing"  means any combination of structural or nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to the real estate or improved real property, water and sanitary facilities, structures and their contents. 
(Ord. 2717.  Passed 2-10-86.)
   (h)   “Lowest floor” means the lowest fully enclosed area (including basement).  An unfinished, flood resistant partially enclosed area, used solely for parking vehicles, building access, and incidental storage, in any area other than the basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable non- elevation design requirements of this ordinance. 
(Ord. 3014.  Passed 11-20-95.)
   (i)   "Mobile home"  means a transportable, single-family dwelling intended for permanent occupancy, office or place of assembly, contained in one or more sections, built on a permanent chassis, 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 with or without a permanent foundation.  The term does not include recreational vehicles or travel trailers.
   (j)   "Mobile home park"  means a parcel of land under single ownership which has been planned and improved for the placement of two or more mobile homes for nontransient use.
   (k)   “New  construction”  means structures for which the “start of construction” commenced on or after August 20, 1979, and includes any subsequent improvements to such structures.
   (l)   "One hundred year flood"  means a flood that, on the average, is likely to occur once every 100 years (i.e., that has a one percent (1%) chance of occurring each year, although the flood may occur in any year).
   (m)   “Regulatory flood elevation”  means the one hundred year flood elevation.
   (n)   “Structure”  means a walled and roofed building, including gas or liquid storage tank that is principally above ground, as well as mobile home.
      (Ord. 2717.  Passed 2-10-86; Ord. 3035.  Passed 4-15-96.)
 

1339.09 DEVELOPMENT WHICH MAY ENDANGER HUMAN LIFE.

   (a)   The provisions of this Section shall be applicable, in addition to any other applicable provisions  of this Zoning Ordinance, or any other ordinance, code or regulation.
 
   (b)   In accordance with the Pennsylvania Flood Plain Management Act, and the regulations adopted by the Department of Community Affairs as required by the Act, in addition to all other applicable provisions, the following new or substantially improved structures shall be subject to the provisions of this Section:
      (1)   Structures used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or,
      (2)   Structures involving the production, storage or use of any amount of radioactive substances; or
      (3)   Structures used for the production or storage of any of the following dangerous materials or substances:
         A.   Actone;
         B.   Ammonia;
         C.   Benzene;
         D.   Calcium carbide;
         E.   Carbon disulfide;
         F.   Celluloid;
         G.   Chlorine;
         H.   Hydrochloric acid;
         I.   Hydrocyanic acid;
         J.   Magnesium;
         K.   Nitric acid and oxides of nitrogen;
         L.   Petroleum products (gasoline, fuel oil, etc.);
         M.   Phosphorus;
         N.   Potassium;
         O.   Sodium;
         P.   Sulphur and sulphur products;
         Q.   Pesticides (including insecticides, fungicides and rodenticides); or
         R.   Radioactive substances, insofar as such substances are not otherwise regulated.
 
   (c)   Within any Floodway District any strucuture of the kind described in subsection (b) hereof  shall be prohibited.
 
   (d)   Where permitted within any Flood-Fringe District or general floodplain district, any structure of the kind described in subsection (b) hereof, shall be:
      (1)   Elevated or designed and constructed to remain completely dry up to at least one and one-half feet above the 100 year flood; and
      (2)   Designed to prevent pollution from the structure or activity during the course of a 100 year flood.
   Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations (U.S. Army Corps of Engineers, June , or with some other equivalent watertight standard.
 
   (e)   Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements of this section.
(Ord. 2717.  Passed 2-10-86.)
 

1339.10 ACTIVITIES REQUIRING SPECIAL PERMITS.

   (a)   The provisions of this section shall be applicable, in addition to any other applicable provisions of this Zoning Ordinance, or any other ordinance, code or regulation.
 
   (b)   Identification of Activities.  In accordance with the Pennsylvania Flood Plain Management Act (Act 1978-166) and regulations adopted by the Department of Community Affairs as required by the Act, the following obstructions and activities are permitted only by special permit, if located partially or entirely with any floodplain district.
      (1)   The commencement of any of the following activities; or the construction, enlargement or expansion of any structure used, or intended to be used, for any of the following activities:
         A.   Hospitals;
         B.   Nursing homes, personal care homes and other similar buildings wherein elderly or infirm persons are housed or boarded; and
         C.   Jails or prisons.
      (2)   The commencement of, or any construction of, a new mobile home park or mobile home subdivision, or substantial improvement to an existing mobile home park or mobile home .
 
   (c)   Application Requirements.  Applicants for special permits shall provide five copies of the following items:
      (1)   A written request, including a completed building permit application form;
      (2)   A small scale map showing the vicinity in which the proposed site is located;
      (3)   A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
         A.   North arrow, scale and date;
         B.   Topography based upon the National Geodetic Vertical Datum of 1929, showing existing and proposed contours at intervals of two feet;
         C.   All property and lot lines including dimensions, and the size of the site expressed in acres or square feet;
         D.   The location of all existing streets, drives, other accessways and parking areas, with information concerning widths, pavement types and construction, and elevations;
         E.   The location of any existing bodies of water or watercourses, buildings, structures and other public or private facilities, including railroad tracks and facilities, and any other natural and man-made features affecting, or affected by, the proposed activity or development;
         F.   The location of the floodplain boundary line, information and spot elevations concerning the 100 year flood elevations, and information concerning the flow of water including direction and velocities;
         G.   The location of all proposed buildings, structures, utilities and any other improvements; and
         H.   Any other information which the municipality considers necessary for adequate review of the application;
      (4)   Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale showing the following:
         A.   Sufficiently detailed architectural or engineering drawings including floor plans, sections and exterior building elevations, as appropriate;
         B.   For any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor;
         C.   Complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the 100 year flood;
         D.   Detailed information concerning any proposed floodproofing measures;
         E.   Cross-section drawings for all proposed streets, drives, other accessways and parking areas, showing all rights of way and pavement widths;
         F.   Profile drawings for all proposed streets, drives and vehicular accessways including existing and proposed grades; and
         G.   Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems and any other utilities and facilities; and
      (5)   The following data and documentation;
         A.   Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant or the client he represents;
         B.   Certification from a registered professional engineer, architect or landscape architect that the proposed construction has been adequately designed to protect against damage from the 100 year flood;
         C.   A statement, certified by a registered professional engineer, architect, landscape architect or other qualified person which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a 100 year flood, including a statement concerning the effects such pollution may have on human life;
         D.   A statement certified by a registered professional engineer, architect or landscape architect, which contains a complete and accurate description of the effects the proposed development will have on 100 year flood elevations and flows;
         E.   A statement, certified by a registered professional engineer, architect or landscape architect, which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the 100 year flood elevation and the effects such materials and debris may have on 100 year flood elevations and flows;
         F.   The appropriate component of the Department of Environmental Resources' "Planning Module for Land Development";
         G.   Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Resources to implement and maintain erosion and sedimentation control;
         H.   Any other applicable permits such as, but not limited to, a permit for any activity regulated by the Department of Environmental Resources under Section 302 of Act 1978-166; and
         I.   An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a 100 year flood.
 
   (d)   Application Review Procedures.  Upon receipt of an application for a special permit by the Borough, the following procedures shall apply in addition to all other applicable permit procedures which are already established:
      (1)   Within three working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the County Planning Commission by registered or certified mail for its review and recommendations.  Copies of the application shall be forwarded to the Borough Planning Commission and Borough Engineer for review and comment.
      (2)   If any application is received that is incomplete, the Borough shall notify the applicant in writing, stating in what respects the application is deficient.
      (3)   The procedure for approval under this section shall be as in the case of special exception applications under Section 1309.04; namely, the matter is first referred to the Borough Planning Commission for review and an advisory report and then to the Zoning Hearing Board for a hearing and decision.
      (4)   If the Borough decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
      (5)   If the Borough approves an application, it shall file written notification, together with the application and all pertinent information, with the Department of Community Affairs, by registered mail, within five working days after the date of approval.
      (6)   Before issuing the special permit, the Borough shall allow the Department of Community Affairs thirty days after the receipt of the notification by the Department to review the application and the decision made by the Borough.
      (7)   If the Borough does not receive any communication from the Department of Community Affairs during the thirty day review period, it may issue a special permit to the applicant.
      (8)   If the Department of Community Affairs should decide to disapprove an application, it shall notify the Borough and the applicant, in writing, of the reasons for the disapproval, and the Borough shall not issue the special permit.
 
   (e)   Technical Requirements.  In addition to any other applicable requirements, the following provisions shall also apply to the activities requiring a special permit.  If there is any conflict between any of the following requirements and any otherwise applicable provisions, the more restrictive provision shall apply.
      (1)   No application for a special permit shall be approved unless it can be determined that the structure or activity will be located, constructed and maintained in a manner which will:
         A.   Fully protect the health and safety of the general public and any occupants of the structure.  At a minimum, all new structures shall be designed, located and constructed so that:
            1.   The structure will survive inundation by waters of the 100 year flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the 100 year flood elevation.
            2.   The lowest floor elevation (including basement) will be at least one and one-half feet above the 100 year flood elevation.
            3.   The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the 100 year flood.
         B.   Prevent any significant possibility of pollution, increased flood levels or flows or debris endangering life and property.
      (2)   All hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts.  Studies, analyses and computations shall be submitted in sufficient detail to allow a thorough technical review by the Borough and the Department of Community Affairs.
 
   (f)   Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements of this section.
(Ord. 2717.  Passed 2-10-86.)
 
 
 

1341.01 PURPOSE.

   The purpose of this article is to create an Airport District Overlay that considers safety issues around the Allegheny County Airport and the Inter County Airport, regulates and restricts the heights of constructed structures and objects of natural growth, creates appropriate zones, establishing the boundaries thereof and providing for changes in the restrictions and boundaries of such zones, creates the permitting process for use within said zones and provides for enforcement, assessment of violation penalties, an appeals process, and judicial review.
(Ord. 3622.  Passed 11-21-11.)

1341.02 RELATION TO OTHER ZONE DISTRICTS.

   The Airport District Overlay shall not modify the boundaries of any underlying zoning district. Where identified, the Airport District Overlay shall impose certain requirements on land use and construction in addition to those contained in the underlying zoning district.
(Ord. 3622.  Passed 11-21-11.)

1341.03 DEFINITIONS.

   The following words and phrases when used in this article shall have the meaning given to them in this section unless the context clearly indicates otherwise:
   (a)   Airport Elevation: The highest point of an airport’s useable landing area measured in feet above sea level. The airport elevation of the Inter County Airport is Eleven Hundred Fifty-Two Feet (1152 feet) above sea level. The elevation of the Allegheny County Airport is 1250 feet above mean sea level.
   (b)   Airport Hazard: Any structure or object, natural or manmade, or use of land which obstructs the airspace required for flight or aircraft in landing or taking off at an airport or is otherwise hazardous as defined in 14 CFR Part 77 and 74 Pa. Cons. Stat. §5102.
   (c)   Airport Hazard Area: Any area of land or water upon which an airport hazard might be established if not prevented as provided for in this article and the Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).
   (d)   Approach Surface (Zone): An imaginary surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of the runway based on the planned approach. The inner edge of the approach surface is the same width as the primary surface and expands uniformly depending on the planned approach. The approach surface zone, as shown on Figure 1 is derived from the approach surface.
   (e)   Conical Surface (Zone): An imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) feet horizontally to one (1) foot vertically for a horizontal distance of 4,000 feet. The conical surface zone, as shown on Figure 1 is based on the conical surface.
   (f)   Department: Pennsylvania Department of Transportation.
   (g)   FAA: Federal Aviation Administration of the United States Department of Transportation.
   (h)   Height: For the purpose of determining the height limits in all zones set forth in this article and shown on the zoning map, the datum shall mean sea level elevation unless otherwise specified.
   (i)   Horizontal Surface (Zone): An imaginary plane 150 feet above the established airport elevation that is constructed by swinging arcs of various radii from the center of the end of the primary surface and then connecting the adjacent arc by tangent lines. The radius of each arc is based on the planned approach. The  horizontal surface zone, as shown on Figure 1, is derived from the horizontal surface.
   (j)   Larger Than Utility Runway: A runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft.
   (k)   Nonconforming Use: Any pre-existing structure, object of natural growth, or use. of land which is inconsistent with the provisions of this article or an amendment thereto.
   (l)   Non-Precision Instrument Runway: A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.
   (m)   Obstruction: Any structure, growth, or other object including a mobile object, which exceeds a limiting height set forth by this article.
   (n)   Precision Instrument Runway: A runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precisions Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
   (o)   Primary Surface (Zone): An imaginary surface longitudinally centered on the runway, extending 200 feet beyond the end of paved runways or ending at each end of turf runways. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The primary surface zone, as shown on Figure 1, is derived from the primary surface.
   (p)   Runway: A defined area of an airport prepared for landing and takeoff of aircraft along its length.
   (q)   Structure: An object, including a mobile object construct or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.
   (r)   Transitional Surface (Zone): An imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven (7) feet horizontally to one (1) foot vertically (7:1). The transitional surface zone, as shown on Figure 1, is derived from the transitional surface.
   (s)   Tree: Any object of natural growth.
   (t)   Utility Runway: A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less.
   (u)   Visual Runway: A runway intended solely for the operation of aircraft using visual approach procedures.
(Ord. 3622.  Passed 11-21-11.)

1341.04 ESTABLISHMENT OF AIRPORT ZONES.

   There are hereby created and established certain zones within the Airport District Overlay article, defined in Section 1341.03 and depicted on Figure 1 and illustrated on the Allegheny County Airport Airspace Plan and the Inter County Airport Hazard Area Map, (see Figures 2 and 3) hereby adopted as part of this article, which include:
   (a)   Approach Surface Zone.
   (b)   Conical Surface Zone.
   (c)   Horizontal Surface Zone.
   (d)   Primary Surface Zone.
   (e)   Transitional Surface Zone.
      (Ord. 3622.  Passed 11-21-11.)

1341.05 PERMIT APPLICATIONS.

   As regulated by Act 164 and defined by 14 Code of Federal Regulations Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or manmade), in the vicinity of the airport, shall first notify the Department’s Bureau of Aviation (BOA) by submitting PENNDOT Form AV- 57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof.  The Department’s BOA response must be included with this permit application for it to be considered complete.  If the Department’s BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this Overlay article.  If the Department’s BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in Section 1341.06.
   No permit is required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure.
   (a)   Any object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height and, would be located in the congested area of a city, town, or settlement where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation.
   (b)   Any antenna structure of 20 feet or less in height except one that would  increase the height of another antenna structure.
   (c)   Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device, of a type approved by the Administrator or any appropriate military service on military airports, the location and height of which is fixed by functional purpose.
   (d)   Any construction or alteration for which notice is required by any other FAA regulation. 
(Ord. 3622.  Passed 11-21-11.)

1341.06 VARIANCE.

   (a)   Any request for a variance shall include documentation in compliance with 14 Code of Federal Regulations Part 77 Subpart B (FAA Form 7460-1 as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the FAA and the Department's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:
      (1)   No Objection. The subject construction is determined not to exceed obstruction standards and marking/lighting is not required to mitigate potential hazard. Under this determination a variance shall be granted.
      (2)   Conditional Determination.  The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in  Section 1341.09 - Obstruction Marking and Lighting.
      (3)   Objectionable.  The proposed construction/alteration is determined to be a hazard and is thus objectionable. A variance shall be denied and the reasons for this determination shall be outlined to the applicant.
   (b)   Such requests for variances shall be granted where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the intent of this article.
(Ord. 3622.  Passed 11-21-11.)

1341.07 USE RESTRICTIONS.

   Notwithstanding any other provisions of this article, no use shall be made of land or water within the Airport District Overlay in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft utilizing the Inter County Airport.
(Ord. 3622.  Passed 11-21-11.)

1341.08 PRE-EXISTING NON-CONFORMING USES.

   The regulations prescribed by this article shall not be constructed to require the removal, lowering or other change or alteration of a structure or tree not conforming to the regulations as of the effective date of this article, or otherwise interfere with the continuance of a nonconforming use. No non-conforming use shall be structurally altered or permitted to grow higher, so as to increase the non-conformity, and a non-conforming use, once substantially abated (subject to the underlying Zoning Ordinance,) may only be reestablished consistent with the provisions herein. 
(Ord. 3622.  Passed 11-21-11.)

1341.09 OBSTRUCTION MARKING AND LIGHTING.

   Any permit or variance granted pursuant to the provisions of this article may be conditioned according to the process described in Section 1341.06 to require the owner of the structure or object of natural growth in question to permit the Municipality, at its own expense, or require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
(Ord. 3622.  Passed 11-21-11.)

1341.10 APPEALS.

   Any party aggrieved by a determination made pursuant to the enforcement of this article shall have any rights to appeal provided for in Part Thirteen the Codified Ordinances of the Borough of White Oak or provided by such other agency or Court as may be applicable.
(Ord. 3622.  Passed 11-21-11.)

1341.11 CONFLICTING REGULATIONS.

   Where there exists a conflict between any of the regulations or limitations prescribed in this article and any other regulation applicable to the same area, the more stringent limitation or requirement shall govern and prevail.
(Ord. 3622.  Passed 11-21-11.)

1341.99 PENALTY.

   Any person or other entity who has violated or has permitted the violation of this article shall be subject to the remedies and penalties provided by Article 1319 of the Codified Ordinances of the Borough of White Oak.
(Ord. 3622.  Passed 11-21-11.)