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White Oak City Zoning Code

TITLE FIVE

Zoning Regulations

1351.01 APPLICABILITY.

   Designed Multiple Dwelling Projects shall be authorized as follows:
   (a)   Garden Apartment Buildings and/or Townhouse Units shall be permitted in R-1 or less restricted Residence Districts and in the C-2 Highway Commercial District subject to the following regulations.
   (b)   High-Rise Apartment Buildings shall be permitted in R-3 or less restricted Residence Districts and in the C-2 Highway Commercial District subject to the following regulations.
      (Ord. 2749.  Passed 9-10-86.)
   (c)   Senior Retirement Living Facility shall be a special exception in a C-2 District subject to the regulations as set forth in Section 1351.02 for Garden apartment building. 
(Ord. 3172.  Passed 6-14-00.)
 

1351.02 GARDEN APARTMENT BUILDINGS.

   The owner or owners of any tract of land having an area of not less than five acres may petition or apply to the Zoning Hearing Board for a special exception and submit a development plan for the use of such tract of land for the erection of garden apartment dwellings; a group of garden apartment dwellings and a group of townhouse units; groups of single-family, two-family and/or multiple dwellings, other than high-rise apartment buildings; or any combination of the same, and the Zoning Hearing Board prior to fixing public hearing to consider such application shall refer the same to the Planning Commission for study, which shall prepare a report and recommendation to the Zoning Hearing Board.  A favorable recommendation must be predicated upon a finding that the proposed development and the land upon which the development is to be erected are particularly suited for that purpose; that the development will not unduly conflict with any adjoining single-family or two-family residential areas; that the proposed development is located in such manner that it has reasonably direct traffic access to and from principal thoroughfares so that traffic congestion is not likely to be created; that the proposed development will be consistent with the orderly and planned development of the Borough as an essentially residential community and that the proposed development conforms to the following express standards and criteria:
   (a)   Design.  The proposed project shall be designed as a single architectural project or unit with appropriate landscaping, shall provide for appropriate common open space and facilities, and shall not materially detract from the character of the neighboring district.
   (b)   Minimum Lot Size. The tract of land shall be not less than five acres.
   (c)   Use. The buildings shall be used only for residential purposes and the customary accessory uses.  Such accessory uses shall include only garages, storage spaces and buildings used for recreational or community activities.
   (d)   Density.  The maximum net residential density shall be fifteen families per acre and the maximum gross residential density shall be twelve families per acre.
   (e)   Building Coverage.  Not more than fifteen percent (15%) of the lot area shall be occupied by buildings.
   (f)   Access. The tract of land shall have either direct access to an arterial highway or shall have access to a road leading directly to an arterial highway.  An arterial highway shall be considered one that carries primarily regional traffic, or traffic on its way through the Borough.
   (g)   Height.  No building shall be erected to a height in excess of three and one-half stories or forty-five feet, such height measured from the average of the highest and lowest points at grade to the top of a parapet on a flat-roofed building or the midpoint between eaves and gables on a sloped-roof building.
   (h)   Length. No building may exceed 250 feet along any side.
   (i)   Grouping.  Each building, whether principal or accessory, shall be at least fifty feet distant from any other building in the group, except for the following which shall apply to principal buildings only:
      (1)   The distance between the long sides of two parallel or approximately parallel buildings  or two parallel faces of wings of the same building shall be at least sixty feet plus one foot for each foot additional height of each building or wing above thirty feet.
      (2)   The distance between the long side of one building and the short side of another, if parallel or approximately parallel, shall be at least fifty feet plus one foot for each two feet additional height of each building or fraction thereof above thirty feet.
      (3)   Two buildings shall be considered parallel if their longer sides, when extended to intersect, form an interior angle of forty-five degrees.
      (4)   Two buildings shall be considered at right angles if their longer sides, when extended to intersect, form an interior angle of forty-five degrees.
      (5)   The short side of a principal building shall be subject to the controls governing long sides if any apartment has more than fifty percent (50%) of its window area on the short side.
   (j)   Yard Depths.
      (1)   Relation to public rights of way or property lines of single-family or double-family dwellings:
         A.   A minimum depth of fifty feet plus one foot for each foot of building height above thirty feet shall be required if any building's long side parallels a right of way or boundary line.
         B.   A minimum depth of fifty feet shall be required if any building's short side parallels a right of way or any boundary line.
      (2)   Relation to property lines:
         A.   A minimum depth of forty-five feet shall be required if a building's long side parallels a property line.
         B.   A minimum depth of forty feet shall be required if a building's short side parallels a property line.
   (k)   Grading. Grading, excavation and filling shall be in accordance with provisions of Section 1367.02.
   (l)   Drainage.  All storm water falling upon the site shall be disposed of into a stream or storm sewer to be provided by the developer.
   (m)   Parking.  All-weather, surfaced, off-street parking spaces, each at least 171 square feet in area plus access lanes, shall be provided at a ratio of 1.5 spaces per dwelling unit.  No parking shall be closer than fifteen feet from a principal building, nor shall any parking interfere with recreational areas on the site or be leased to persons not resident on the site.  Parking may be provided in separate garages on the lowest floor or floors of a principal building, provided such parking does not interfere with the basic residential use and character of the buildings involved.  Garages shall be subject to the controls on garages in the residential districts but may be no closer than fifty feet to a residential building.
      (Ord. 2717.  Passed 2-10-86.)
      (1)   The off-street parking requirements for “Senior Retirement Living Facility” is at a ratio of 0.76 parking spaces per dwelling unit.
         (Ord. 3172.  Passed 6-14-00.)
   (n)   Loading.  One paved offstreet loading space shall be provided for every 75,000 square feet of gross floor area or fraction thereof in each building, or group of buildings that could be served from the same loading area.
   (o)   Balconies.  No balcony shall extend more than five feet from the face of any building and balconies shall not be considered in measuring distances between buildings.
   (p)   Screens.  Screens 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 dwellings.  Such screens shall be either of the following:
      (1)   A continuous fence at least four feet high, no less than one-half the surface of which is opaque; or
      (2)   A continuous planted strip at least ten feet in width and of sufficient thickness, when mature, to provide a screen no less than one-fourth of the apparent surface of which will be opaque four feet above the ground.
   (q)   Play Areas.  Areas shall be provided and developed for playgrounds and passive recreation space, appropriate in location, nature and size, but in no case consisting of an area less than a total of 200 square feet for each dwelling unit.
   (r)   Utilities.  The proposed development shall be served by public sewer and water facilities adequate to handle the ultimate development of the project.  Where additional lines, or upgrading of existing lines, whether on the site or off, is required to reach the necessary capacity, such work shall be underwritten by the developer.
   (s)   Performance Standards.  All uses shall comply with the performance standards specified in Section 1371.15.
      (Ord. 2717.  Passed 2-10-86.)
 

1351.03 TOWNHOUSE UNITS.

   The owner or owners of any tract of land of not less than five acres may petition or apply to the Zoning Hearing Board for a special exception and submit a development plan for the use of such tract of land for the erection of townhouse units; or a group of townhouse units and garden apartments; groups of single-family, two-family and/or multiple dwellings, other than high-rise apartment buildings; or any combination of the same, and the Zoning Hearing Board prior to fixing a public hearing to consider such application shall refer the same to the Planning Commission for study, which shall prepare a report and recommendation to the Zoning Hearing Board.  A favorable recommendation must be predicated upon a finding that the proposed development and land upon which the development is to be erected are particularly suited for that purpose; that the development will not unduly conflict with any adjoining single-family or two-family residential areas; that the proposed development is located in such a manner that it has reasonably direct traffic access to and from principal thoroughfares so that traffic congestion is not likely to be created; that the proposed development will be consistent with the orderly and planned development of the Borough as an essentially residential community, and that the proposed development conforms to the following requirements:
   (a)   Design.  The proposed project shall be designed as a single architectural project or unit with appropriate landscaping, shall provide for appropriate common open space and facilities and shall not materially detract from the character of the neighboring district.  A townhouse unit shall have no more than three consecutive town house dwellings with identical facades and identical front yard setbacks.  Alternating groups of three facades may have identical setbacks.
   (b)   Minimum Lot Size.  The tract of land shall be not less than five acres.
   (c)   Use.  The buildings shall be used only for residential purposes and the customary accessory uses.  Such accessory uses shall include only garages, storage spaces and buildings used for recreational or community activities.
   (d)   Density. The maximum net residential density shall be twelve dwelling units per acre and the maximum gross residential density shall be nine dwelling units per acre.
   (e)   Building Coverage. Not more than fifteen percent (15%) of the lot area shall be occupied by buildings.
   (f)   Access.  The tract of land shall have either direct access to an arterial highway or shall have access to a road leading directly to an arterial highway.  An arterial highway shall be considered one that carries primarily regional traffic, or traffic on its way through the Borough.
   (g)   Height.  No building shall be erected to a height in excess of three stories or thirty-five feet, such height measured from the average of the highest and lowest points at grade to the top of a parapet on a flat-roofed building or the midpoint between eaves and gables on a sloped-roof building.
   (h)   Length.  No building may exceed 250 feet.
   (i)   Grouping.  Each building, whether principal or accessory, shall be at least fifty feet distant from any other building in the group, except for the following which shall apply to principal buildings only:
      (1)   The distance between the long sides of two parallel or approximately parallel buildings or two parallel faces of wings of the same building shall be at least sixty feet plus one foot for each foot additional height of each building or wing above thirty feet.
      (2)   The distance between the long side of one building and the short side of another, if parallel or approximately parallel shall be at least fifty feet plus one foot for each two feet additional height of each building or fraction thereof above thirty feet.
      (3)   Two buildings shall be considered parallel if their longer sides, when extended to intersect, form an interior angle of forty-five degrees.
      (4)   Two buildings shall be considered at right angles if their longer sides, when extended to intersect, form an interior angle of forty-five degrees.
      (5)   The short side of a principal building shall be subject to the controls governing long sides if any apartment has more than fifty percent (50%) of its window area on the short side.
   (j)   Yard Depths.
      (1)   Relation to public rights of way or property lines of single-family or two-family dwellings:
         A.   A minimum depth of fifty feet plus one foot for each foot of building height above thirty feet shall be required if any building's long side parallels a right of way or boundary line.
         B.   A minimum depth of fifty feet shall be required if any building's short side parallels a right of way or any boundary line.
      (2)   Relation to property lines:
         A.   A minimum depth of forty-five feet shall be required if a building's long side parallels a property line.
         B.   A minimum depth of forty feet shall be required if a building's short side parallels a property line.
   (k)   Grading.  Grading, excavation and filling shall be in accordance with provisions of Section 1367.02.
   (l)   Drainage. All storm water falling upon the site shall be disposed of into a stream or storm sewer to be provided by the developer.
   (m)   Parking.  All-weather, surfaced, off-street parking spaces, each at least 171 square feet in area plus access lanes, shall be provided at a ratio of 1.5 spaces per dwelling unit.  No parking shall be closer than fifteen feet from a principal building, nor shall any parking interfere with recreational areas on the site or be leased to persons not resident on the site.  Parking may be provided in separate garages on the lowest floor or floors of a principal building, provided such parking does not interfere with the basic residential use and character of the buildings involved.  Garages shall be subject to the controls on garages in the residential districts but may be no closer than fifty feet to a residential building.
   (n)   Loading.  One paved offstreet loading space shall be provided for every 75,000 square feet of gross floor area or fraction thereof in each building, or group of buildings that could be served from the same loading area.
   (o)   Balconies. No balcony shall extend more than five feet from the face of any building and balconies shall not be considered in measuring distances between buildings.
   (p)   Screens. Screens 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 dwellings.  Such screens shall be either of the following:
      (1)   A continuous fence at least four feet high, no less than one-half the surface of which is opaque; or
      (2)   A continuous planted strip at least ten feet in width and of sufficient thickness, when mature, to provide a screen no less than one-fourth of the apparent surface of which will be opaque four feet above the ground.
   (q)   Play Areas. Areas shall be provided and developed for playgrounds and passive recreation space, appropriate in location, nature and size, but in no case consisting of an area less than a total of 200 square feet for each dwelling.
   (r)   Utilities.  The proposed development shall be served by public sewer and water facilities adequate to handle the ultimate development of the project.  Where additional lines, or upgrading of existing lines, whether on the site or off, is required to reach the necessary capacity, such work shall be underwritten by the developer.
   (s)   Performance Standards.  All uses shall comply with the performance standards specified in Section 1371.15.
      (Ord. 2717.  Passed 2-10-86.)
 

1351.04 HIGH-RISE APARTMENT BUILDINGS.

   The owner or owners of any tract of land having an area of not less than ten acres may petition or apply to the Zoning Hearing Board for a special exception and submit a development plan for the use of such tract of land for the erection of high-rise apartment buildings; a group of high-rise apartment buildings, a group of garden apartment buildings and a group of townhouse units; groups of single-family, two-family or multiple dwellings; or any combination of the foregoing; and the Zoning Hearing Board prior to fixing a public hearing to consider such application shall refer the same to the Planning Commission for study, which shall prepare a report and recommendation to the Zoning Hearing Board.  A favorable recommendation must be predicated upon a finding that the proposed development and the land upon which the development is to be erected are particularly suited for that purpose; that the development will not unduly conflict with any adjoining single-family or two-family residential areas; that the proposed development is located in such manner that it has reasonably direct traffic access to and from principal thoroughfares so that traffic congestion is not likely to be created; that the proposed development will be consistent with the orderly and planned development of the Borough as an essentially residential community and that the proposed development conforms to the following express standards and criteria:
   (a)   Design. The proposed project shall be designed as a single architectural project or unit and shall not materially detract from the character of the neighboring district.
   (b)   Minimum Lot Size. The tract of land on which the dwelling group is to be erected shall be not less than ten acres in area.
   (c)   Use.  The buildings shall be used only for residential purposes and the customary accessory uses.  Such accessory uses shall include only garages, storage spaces and buildings used for recreational and community activities.
   (d)   Density.  The maximum net residential density in areas devoted to high-rise apartment buildings shall be thirty families per acre and the maximum gross residential density shall be twenty-four families per acre.  In areas that are partly garden apartments, partly townhouses and partly high-rise apartment buildings with the grouping such that a designation of specific areas for each type is difficult, a compromise reflecting the proportion of high-rise to garden apartment and townhouse units shall be used to determine density.
   (e)   Coverage. Not more than ten percent (10%) of the lot area set aside for high-rise apartment buildings shall be occupied by structures.
   (f)   Access. The tract of land shall have either direct access to a major highway or shall have access to a road leading directly to an arterial highway.  An arterial highway shall be considered one that carries primarily regional traffic, or traffic on its way through the Borough.
   (g)   Height. No building shall be erected to a height in excess of twelve stories or 150 feet measured from the average of the highest and lowest grade lines of the building to the top of the highest point of the building.
   (h)   Length.  No building may exceed 250 feet along any side.
   (i)   Grouping.  Each high-rise apartment or other multiple dwelling unit, whether principal or accessory, shall be at least fifty feet distant from any other building in the group, except for the following which shall apply to principal buildings only:
      (1)   The distance between the long sides of two parallel or approximately parallel buildings or two parallel faces of wings of the same building shall be at least sixty feet additional height of each building or fraction thereof above forty-five feet.
      (2)   The distance between the short sides of two parallel or approximately parallel buildings shall be at least fifty feet plus one foot for each ten feet additional height of each building or fraction thereof above forty-five feet.
      (3)   The distance between the long side of one building and the short side of another, if parallel or approximately parallel, shall be at least fifty feet plus five feet for each ten feet addtional height of each building or fraction thereof above forty-five feet.
      (4)   The short side of a principal building shall be subject to the controls governing long sides if any apartment has more than fifty percent (50%) of its window area on the short side.
      (5)   Two buildings, if when projected towards one another, do not overlap, shall be no closer than fifty feet.  Projection shall be considered as occurring along planes parallel to the faces of buildings being considered.
      (6)   Two buildings shall be considered parallel if their longer sides, when extended to intersect, form an interior angle of forty-five degrees.
      (7)   Two buildings shall be considered at right angles if their sides, when extended to intersect, form an interior angle of more than forty-five degrees.
   (j)   Yard Depths.
      (1)   Relation to public rights of way or property lines of single-family or two-family dwellings:
         A.   If the building's long side parallels a right of way or property line, a minimum depth of sixty feet plus seven feet for each ten feet of building height or fraction thereof above forty-five feet shall be required.
         B.   If the building's short side parallels a right of way or property line, a minimum depth of fifty feet plus two feet for each ten feet of building height or fraction thereof above forty-five feet shall be required.
      (2)   Relation to property lines within the residential districts that separate tracts developed as designed multiple dwelling projects:
         A.   If the building's long side parallels a property line, a minimum depth of forty feet plus seven feet for each ten feet of building height or fraction thereof over eighty feet shall be required.
         B.   If the building's short side parallels a property line, a minimum depth of forty feet plus two feet for each  ten feet of building height or fraction thereof over eighty feet shall be required.
   (k)   Grading. Grading, excavation and filling shall be in accordance with provisions of Section 1367.02.
   (l)   Drainage. All storm water falling upon the site shall be disposed of into a stream or storm sewer present or provided on the site.
   (m)   Parking.  All-weather, surfaced, off-street parking spaces, each at least 171 square feet in area, plus access lanes, shall be provided at a ratio of 1.5 spaces per high-rise dwelling unit.  No parking shall be closer than fifteen feet from a principal building, nor shall any parking interfere with recreational areas on the site or be leased to persons not resident on the site.  Parking may be provided in separate garages or on the lowest floor or floors of a principal building, provided such parking does not interfere with the basic residential use and character of the buildings involved.  Garages shall be subject to the controls on garages in the residential districts but may be no closer than fifty feet to a residential building.
   (n)   Loading. One paved offstreet loading space shall be provided for every 75,000 square feet of gross floor area or fraction thereof in each building or group of buildings that could be served from the same loading area.
   (o)   Balconies.  No balcony shall extend more than five feet from the face of any building and balconies shall not be considered in measuring distances between buildings.
   (p)   Screens.  Screens shall be provided along all lot lines abutting commercially zoned land, along rights of way directly across which is commercially zoned land and along property lines and single-family or two-family dwellings.  Such screens shall be either of the following:
      (1)   A continuous fence at least four feet high no less than one-half the surface of which is opaque; or
      (2)   A continuous planted strip at least ten feet in width and of sufficient thickness, when mature, to provide a screen no less than one-fourth of the apparent surface of which will be opaque four feet above the ground.
   (q)   Play Areas.  Areas shall be provided and developed for playgrounds and passive recreation space, appropriate in location, nature and size to the prospective population but in no case consisting of an area less than a total of 100 square feet for each dwelling unit served.
   (r)   Utilities.  The proposed development shall be served by public sewer facilities adequate to handle the ultimate development of the project.  Where additional lines, or upgrading of existing lines, whether on the site or off, is required to reach the necessary capacity, such work shall be underwritten by the developer.
   (s)   Performance Standards.  All uses shall comply with the performance standards specified in Section 1371.15.
      (Ord. 2717.  Passed 2-10-86.)
 

1351.05 DEVELOPER REQUIREMENTS.

   Developers of designed multiple dwelling projects shall submit to the Planning Commission the following documentation to assist the Commission in rendering a report and recommendation to the Zoning Hearing Board:
   (a)   Maps of a scale no smaller than one inch equals fifty feet, showing:
      (1)   Proposed topography at intervals no less than five feet and extending a distance of fifty feet beyond the lot lines of the project:
      (2)   Proposed private street layout;
      (3)   Proposed location of all structures;
      (4)   Proposed location of all off-street parking and pedestrian walkways;
      (5)   Proposed location of all reservations for parks, parkways, playgrounds, schools, community facilities, utility easements and other open spaces; and
      (6)   Proposed location and development of any commercially zoned areas or recreation areas open to the public or persons resident outside of the proposed residential area, and attendant off-street parking;
   (b)   Preliminary plans of typical proposed types of dwelling units, including various sizes of apartments, at a scale no smaller than one-eighth of an inch equals one foot;
   (c)   Preliminary elevations of typical proposed principal buildings at a scale no smaller than one-eighth of an inch equals one foot or a perspective drawing showing the proposed character of the project;
   (d)   In lieu of submissions as required under subsections (a) and (c) hereof, a model, at a scale no smaller than one inch equals fifty feet may be submitted; and
   (e)   Written documentation clearly showing:
      (1)   Total number of dwelling units;
      (2)   Number of dwelling units in each building;
      (3)   Proposed gross and net densities for portions of areas set aside for various housing types;
      (4)   Total acreage of project and portions set aside for various housing types;
      (5)   Total off-street parking provided and amounts in each parking area, to serve housing and community facilities;
      (6)   Anticipated total population of finished project, including number of grade school and high school age;
      (7)   Anticipated total cost and total construction;
      (8)   Sequence and timing plan for carrying out the work;
      (9)   Alternative proposal if primary proposal proves unfeasible; and
      (10)   Demonstration of impact created by proposed development upon carrying capacity of streets adjacent to the project area and upon publicly-owned utilities serving the project.
 

1351.06 APPROVAL BY ZONING HEARING BOARD.

   The Planning Commission, after completion of its investigation, and if satisfied that the proposed designed multiple dwelling project will be in full compliance with this Zoning Ordinance, other applicable ordinances, laws of the Commonwealth and pertinent regulations, shall transmit or return such application to the Zoning Hearing Board with its report and recommendation, together with all data pertaining thereto, maps and layout.  Whereupon the Zoning Hearing Board shall review the same, schedule a public hearing and after such public hearing, if satisfied therewith, shall order a building permit to be issued, subject to the following restrictions:
   (a)   Before any building permit shall be issued, the owner or developer of the land shall post a bond with the Borough in an amount not less than one and one-half times the estimated cost of all grading, paving, landscaping, screening and necessary retaining walls shown on the plans accompanying the application, such bond to be in favor of the Borough and conditioned to assure the completion of all of the above features.
   (b)   A building permit when issued, shall be valid for a period of one year.  In the event construction of the designed multiple dwelling project has not commenced within such one year period, such permit shall become null and void unless extended by the Building Inspector.
      (Ord. 2717.  Passed 2-10-86.)
 

1351.07 COMPLETION OF CONSTRUCTION.

   The developer of a designed multiple dwelling project, upon the issuance of a building permit, shall forthwith proceed with such project and complete the construction pursuant to the following schedule:
   (a)   Within the period of thirty calendar months next ensuing from the effective date of such building permit, the structural framing, including ceiling or roof beams, shall be completed for at least fifty percent (50%) of the total floor area in all structures shown on the development plan.
   (b)   Within the period of forty-two calendar months next ensuring from the effective date of the building permit, all construction of all authorized floor space in structures, except for nonload bearing walls and final finish on interior walls, floors and ceilings, and all supporting development of parking and loading areas, pedestrian access and other details shown on the development plan shall be completed and constructed in their entirety.
      (Ord. 2717.  Passed 2-10-86.)
 

1351.08 FAILURE TO COMMENCE OR COMPLETE CONSTRUCTION.

   In the event that the developer fails to commence construction of the buildings in a designed multiple dwelling project within one year from the date of issuance of a building permit therefor or within such further period as may be subsequently authorized by the Building Inspector, then and in that event the Borough may:
   (a)   Declare the building permit void and all permit fees paid thereunder forfeited.
   (b)   Declare the bond furnished pursuant to the requirements of Section 1351.06(a) forfeited, and then at its discretion cause all grading, paving, landscaping, screening and all necessary retaining walls to be constructed and/or completed in accordance with the development plan submitted with such application for the designed multiple dwelling project and to recover the costs therefor from such performance bond.
      (Ord. 2717.  Passed 2-10-86.)
 
 
 

1355.01 APPLICABILITY.

   Designed medical centers shall be permitted as uses by special exception in R-2 Residence Districts or other less restricted districts, subject to the following regulations.
(Ord. 2717.  Passed 2-10-86.)
 

1355.02 APPLICATION REQUIREMENTS.

   The owner or owners of any tract of land may apply to the Zoning Hearing Board for the erection of a designed medical clinic or designed medical office building or combination thereof or the conversion of an existing building to such use.  Prior to fixing a date for public hearing, the Zoning Hearing Board shall refer the applicant's plan to the Planning Commission for review and recommendation.
(Ord. 2717.  Passed 2-10-86.)
 

1355.03 EXPRESS STANDARDS AND CRITERIA.

   The application shall comply with the following express standards and criteria:
   (a)   The designed medical center shall be limited to the following uses:
      (1)   Temporary hospital beds;
      (2)   Facilities for the examination, diagnosing and treatment of patients and/or the maintenance of offices for members of the clinic staff and physicians; or
      (3)   Offices of those individuals duly licensed by the Commonwealth as surgeons, physicians, doctors or dentists and persons in their employ and no others.
   (b)   The minimum site area required in all zoning districts shall be 14,000 square feet.
   (c)   The site shall have frontage on and direct vehicular access to an arterial or collector road as defined by this Zoning Ordinance.
   (d)   Off-street parking shall be provided in accordance with the requirements of Section 1363.03.
   (e)   Designed medical centers proposed in residence districts shall be subject to the following area and bulk regulations:
 
 
Minimum lot width:
70 feet
Minimum front yard:
30 feet
Minimum rear yard:
30 feet
Minimum side yard:
15 feet
Maximum height:
2 1/2 stories and 35 feet
Maximum building coverage
40%
 
   (f)   Designed medical centers proposed in commercial districts shall be subject to the lot width, yard, height and building coverage regulations for commercial uses in the district in which the center is proposed.
   (g)   No site preparation work shall produce a grade in excess of ten percent (10%).
   (h)   All storm water from the site shall be directed and disposed of into a stream or storm sewer present or to be provided on the site.
   (i)   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 five feet in depth measured from the property line and which shall meet the standards of the required buffer area within three years of the date of installation.
   (j)   Ingress, egress and internal circulation shall be designed to ensure safety and provide access for emergency vehicles.
   (k)   Offstreet loading shall be provided for ambulances and delivery vehicles in accordance with the requirements of Section 1363.05.  The offstreet loading space shall be a minimum of twelve feet wide by twenty feet long.
   (l)   Approval of designed medical centers shall be subject to the posting of surety in a form acceptable to the Borough to guarantee the replacement of landscaping materials, if necessary, within one year from the date of installation.
      (Ord. 2717.  Passed 2-10-86.)
 

1355.04 PERFORMANCE STANDARDS.

   All uses shall comply with the performance standards specified in Section 1371.15.
(Ord. 2717.  Passed 2-10-86.)
 
 
 

1359.01 APPLICABILITY.

   Community service or shopping centers shall be permitted in either commercial or industrial districts subject to the following regulations.
(Ord. 2717.  Passed 2-10-86.)
 

1359.02 APPLICATION.

   The owner or owners of any tract of land having an area of not less than five acres may petition or apply to the Zoning Hearing Board for a special exception and submit a development plan for the use of such tract of land for the location and construction of a community service or shopping center, and the Zoning Hearing Board, prior to fixing a public hearing to consider such application, shall refer the same to the Planning Commission for study, which Commission shall prepare a report and recommendation to the Zoning Hearing Board.  A favorable recommendation must be predicated upon a finding that the proposed development and the land upon which it is to be erected is particularly suited for that purpose, is located in such manner that it has reasonably direct traffic access to and from principal thoroughfares so that traffic congestion will not likely be created, is consistent with the orderly and planned development of the Borough as an essentially residential community, and that the proposed development conforms to the following express standards and criteria:
   (a)   Intent.  The specific intent of this section is to encourage the construction of community service or shopping centers primarily for the service of the residents of the Borough.
   (b)   Design.  The proposed project shall be designed as a single project or unit with appropriate grading and landscaping, shall provide common open space and facilities, and shall not materially detract from the character of the district.  Grading, excavation and filling shall be in accordance with provisions of Section 1367.02.
   (c)   Use Regulations.  The complex of buildings and the land within the development may be used or occupied for any use permitted in commercial districts, and all such uses shall:
      (1)   Be carried on only in buildings classified as fire resistant by the National Board of Fire Underwriters, and shall be carried on in such a manner as to create no fire hazard;
      (2)   Be conducted wholly within an enclosed building except where specifically exempt in this Zoning Ordinance;
      (3)   If engaged in the sale of goods at retail, deal in new merchandise exclusively;
      (4)   Be so operated that the volume of sound inherently and recurrently generated does not exceed sixty decibels at any point of any boundary line of the zoning lot on which the use is located;
      (5)   Be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments at any point of any boundary line of the zoning lot on which the use is located;
      (6)   Emit no noxious, toxic or corrosive fumes or gases, or offensive odors;
      (7)   Emit or generate no noxious or dangerous degree of heat or glare; and
      (8)   Produce, generate or emit no radiation, as the term is commonly used in radiology, from radioactive elements or materials or X-ray or similar rays from electronic or electrical machines or equipment, excepting where strict compliance with the rules and regulations of the National Bureau of Standards of the United States Department of Commerce and similar regulations of the Commonwealth is adhered to.
   (d)   Parking Areas.  Parking area may be either indoors or outdoors and shall:
      (1)   Be located entirely within the boundaries of the community service or shopping center.
      (2)   Be completely paved by a hard finished surface in accordance with the specifications approved by the Borough Engineer.
      (3)   Where parking stalls are provided, each shall be at least nine feet wide and nineteen feet long, and each aisle, if one-way, shall be a minimum of twenty feet in width, and if two-way, shall be at least a minimum of twenty-three feet in width.
      (4)   Be separated from public highways by a planting strip no less than ten feet in width.
      (5)   Provide four parking stalls for each 1,000 square feet of total floor area in all buildings of the project.
   (e)   Service Drives.  Service drives and appurtenant areas shall:
      (1)   Be located wholly within the boundaries of the community service or shopping center.
      (2)   Be fully paved by a hard finished surface in accordance with the specifications approved by the Borough Engineer.
      (3)   Provide for the loading and unloading of delivery trucks and other vehicles for the servicing of community service or shopping center facilities, together with refuse removal and fuel supply.
      (4)   Be located at the rear of the community service or shopping center facilities and shall be so arranged that they may be used without blocking or interfering with access roads or automobile parking.
      (5)   Provide at least one loading space for each 20,000 square feet or fraction thereof of floor area for businesses involving receipt or distribution of merchandise by motor vehicle; loading and unloading facilities may be centralized and constructed in such a way that merchandise can be distributed to the separate units of the community service or shopping center via indoor or underground routes provided in the development plan, or they may adjoin the rear of the community service center at proper intervals; each offstreet loading facility shall be at least twelve feet wide and forty-five feet long, exclusive of passageways, driveways and appurtenances.
   (f)   Access Roads.  All access roads shall connect with a public thoroughfare or street and shall:
      (1)   Be so located as not to intersect such public street within 100 feet of any street intersection and shall be designed and located in a manner that meets with the approval of the Borough's Engineer.
      (2)   Be fully paved in accordance with the Pennsylvania Department of Highways specifications for Class II highways.
      (3)   Be adequate in size, number and locations to insure a free flow of traffic at all times.
   (g)   Buildings, Type and Location.
      (1)   No building shall exceed two stories or thirty-five feet in height.
      (2)   All buildings and structures shall be located at least 100 feet distant from any zoning district boundary line, excepting only ornamental fences, hedges or retaining walls.
   (h)   Buffer Areas.  Buffer areas shall be provided along and around the community service or shopping center as follows:
      (1)   Along all residence district boundary lines for a depth of fifty feet measured from such boundary line.
      (2)   Along all other zoning district boundary lines and any public street for a depth of ten feet from such boundary line or from the right-of-way line of the street.  All buffer areas shall be used for screening purposes and shall be planted with evergreen and other plantings as approved in the landscape plan and continuously maintained at such height and density as will provide an effective screen between the community service or shopping center and the residence or other zoning district.
   (i)   Exterior Lighting.  All commercial or exterior lighting shall be used or located in such manner as to produce no glare on public highways or neighboring properties and more specifically:
      (1)   No light shall be caused or permitted to shine directly or indirectly upon a highway of such an intensity at the side of the paved highway surface as to create a hazard.
      (2)   Island lights or RLM dome lights or similar types of lighting devices may be used only when mounted at least twenty feet above ground and in such position that the axis of the beam of light or lamp is directed away from the highway at an angle of not less than forty-five degrees from the highway surface.
   (j)   Height.  No building shall be erected to a height in excess of two stories or thirty-five feet, such height to be measured from the average of the highest and lowest points at grade to the top of the parapet on a flat-roofed building or the midpoint between eaves and gables on a sloped-roof building.
   (k)   Signs.  Signs shall be permitted when erected and maintained in accordance with the general regulations as hereinafter set forth under Article 1375 in accordance with the following special provisions applicable to community service or shopping centers:
      (1)   The subject matter of all signs shall pertain only to the business lawfully occupying the premises.
      (2)   No sign shall project more than twelve inches from the face of any building and shall not project above the wall coping of the building to which it is attached.
      (3)   Each sign shall be a part of the architectural design of the building to which it is attached, or shall be a wall sign which conforms to a uniform pattern common to signs in the community service or shopping center.
      (4)   Not more than one freestanding sign shall be permitted facing each street from which automobile access to the community service or shopping center exists.  Such a sign must relate to or direct persons to the community service or shopping center as a whole.
      (5)   No signs shall be illuninated by flashing lights or lights which in any way obscure or tend to conflict with traffic control lights, signs or devices.
   (l)   Performance Standards.  All uses shall comply with the performance standards specified in Section 1371.15.
      (Ord. 2717.  Passed 2-10-86.)
 

1359.03 DEVELOPER REQUIREMENTS.

   Developers of community service or shopping center projects shall submit to the Planning Commission the following documentation to assist the Commission in rendering a report and recommendation to the Zoning Hearing Board.
   (a)   Maps of a scale no smaller than one inch equals fifty feet showing:
      (1)   Proposed topography at intervals no less than five feet and extending a distance of fifty feet beyond the lines of the project area;
      (2)   Proposed private street layout;
      (3)   Proposed location of all buildings and structures;
      (4)   Proposed location of all off-street parking, parking areas and pedestrian walkways;
      (5)   Proposed location of all malls and concourses; and
      (6)   Proposed location of all rest stations and recreation areas opened to the public for persons in attendance at the community service or shopping center;
   (b)   Preliminary plans of typical proposed types of buildings and storerooms at a scale no smaller than one-eighth inch equals one foot;
   (c)   Preliminary elevations of typical proposed principal buildings at a scale no smaller than one-eighth inch equals one foot, or a perspective drawing showing the proposed character of the project;
   (d)   In lieu of submissions as required under subsections (a) and (c) hereof, a model, at a scale no smaller than one inch equals fifty feet, may be submitted;
   (e)   Written documentation clearly showing:
      (1)   Total number of buildings;
      (2)   Number of storerooms in each building;
      (3)   Total acreage of the entire project and the portion set aside for the various buildings;
      (4)   Total acreage of the off-street parking area provided and the proportions thereof allocated to the service of the various buildings;
      (5)   Anticipated total cost and total construction;
      (6)   Sequence and timing plan for carrying out the entire project; and
      (7)   Demonstration of impact created by proposed development upon the carrying capacity of the streets adjacent to the project area and upon all utilities serving the project; and
   (f)   Such other reasonable data, evidence or statements that the Planning Commission shall request.
      (Ord. 2717.  Passed 2-10-86.)
 

1359.04 APPROVAL BY ZONING HEARING BOARD.

   The Planning Commission, after completion of its investigation, and if satisfied that the proposed community service or shopping center will be in full compliance with this Zoning Ordinance, other applicable ordinances, laws of the Commonwealth and pertinent regulations, shall transmit or return such application to the Zoning Hearing Board with its report and recommendation, together with all data pertaining thereto, maps and layout.  Whereupon the Zoning Hearing Board shall review the same, schedule a public hearing and after such public hearing, if satisfied therewith, shall order a building permit to be issued, subject to the following restrictions.
   (a)   Before any building permit shall be issued, the owner or the developer of the land shall post a bond with the Borough in an amount not less than one and one-half times the estimated cost of all grading, landscaping, paving, screening and necessary retaining walls shown on the plans accompanying the application, such bond to be in favor of the Borough and conditioned to assure the completion of all of the above features.
   (b)   A building permit when issued, shall be valid for a period of one year.  In the event construction of the community service or shopping center building has not commenced within such one year period, such permit shall become null and void unless extended by the Building Inspector.
      (Ord. 2717.  Passed 2-10-86.)
 

1359.05 COMPLETION OF CONSTRUCTION.

   The developer of a community service or shopping center project, upon the issuance of a building permit, shall forthwith proceed with such project and complete the construction pursuant to the following schedule:
   (a)   Within the period of thirty calendar months next ensuing from the effective date of such building permit, the structural framing, including ceiling or roof beams shall be completed for at least fifty percent (50%) of the total floor area in all structures shown on the development plan.
   (b)   Within the period of forty-two calandar months next ensuing from the effective date of the building permit, all construction of all authorized floor space in structures, except for nonload bearing walls and final finish on interior walls, floors and ceilings and all supporting development of parking and loading areas, pedestrian access and other details shown on the development plan shall be completed and constructed in their entirety.
      (Ord. 2717.  Passed 2-10-86.)
 

1359.06 FAILURE TO COMMENCE OR COMPLETE CONSTRUCTION.

   In the event that the developer fails to commence construction of the buildings in a community service or shopping center within one year from the date of issuance of a building permit therefor, or within such further period as may be subsequently authorized by the Building Inspector then and in that event the Borough may:
   (a)   Declare the building permit void and all permit fees paid thereunder forfeited.
   (b)   Declare the bond furnished pursuant to the requirements of Section 1359.04(a) forfeited, and then at its discretion cause all grading, paving, landscaping, screening and all necessary retaining walls to be constructed and/or completed in accordance with the development plan submitted with such application for the community service or shopping center and to recover the costs therefor from such performance bond.
      (Ord. 2717.  Passed 2-10-86.)
 
 
 

1363.01 APPLICABILITY.

   At the time of the erection, construction, placement, expansion or enlargement, of any main building or structure or whenever a main building or structure is altered to increase the capacity for patrons and/or occupants or whenever there is a change in the use in a main building or structure which would require increased parking spaces, the following off-street parking space with adequate means of ingress and egress for standard size automobiles shall be provided as hereafter set forth. 
(Ord. 3131.  Passed 9-20-99.)
 

1363.02 REQUIREMENTS FOR DWELLINGS.

   In all districts, for dwelling structures, permanent off-street parking space shall be provided on the premises or on land adjacent thereto as follows:
   (a)   For each one-family dwelling and for each dwelling unit in a two-family or apartment other than a garden apartment, townhouse or high-rise apartment, there shall be provided at least one parking space in a garage.  However, in commercial districts or less restricted districts, for a multiple dwelling or apartment, there shall be provided at least one and one-half parking spaces per dwelling unit in a garage or screened parking lot.
   (b)   In designed multiple dwelling projects there shall be provided at least one and one-half parking spaces per dwelling unit in a garage or screened parking lot.
(Ord. 2717.  Passed 2-10-86.)
   (c)   Senior Retirement Living Facility as set forth in Section 1351.02(m)(1).
      (Ord. 3172.  Passed 6-14-00.)
 

1363.03 REQUIREMENTS FOR OTHER STRUCTURES.

   In all districts for buildings other than dwelling structures, permanent off-street parking spaces shall be provided on the premises or on land adjacent thereto as follows:
   (a)   Rooming, Boarding or Tourist Home.  One space for each two rental rooms.
   (b)   Restaurant, Cafe, Lounge or Tearoom.  One space for every fifty square feet of floor space devoted to patron use.
   (c)   Theater, Other Places of Public Amusement and Places of Public Assemblage, Churches and Schools Excepted.  One space for each five seats.
   (d)   Church and Accessory Church Building.  One off-street parking space for each five seats contained in the sanctuary, nave or main assembly area of such church.  In determining the total number of off-street parking spaces for any church, the following parking spaces shall qualify as available off-street parking spaces:
      (1)   Any parking space on a lot or lots occupied by the church building or accessory church building;
      (2)   Any parking space on public parking areas in the vicinity of the church, the owner thereof having consented to such use by the members of the church and which space is customarily unoccupied on Sunday;
      (3)   Any parking space in public parking areas or public parking garages operated by a governmental agency in the vicinity of the church;
      (4)   Any on-street parking spaces on any street abutting on a public park in the vicinity of the church.
   (e)   Schools.  Two spaces for each classroom.
   (f)   Hospital.  One space for every four beds, plus one space for each staff physician and one space for every three employees.
   (g)   Club or Lodge.  One space for every three members and no less than fifteen spaces.
(Ord. 2717.  Passed 12-10-86.)
   (h)   Single Occupancy Medical Professional Office.  Eight parking spaces for the first 1,000 square feet or less of net floor area of building, plus one parking space for each additional 200 square feet of net floor area or fraction thereof.
   (i)   Designed Medical Center.  Eight parking spaces for the first 1,000 square feet of net floor area plus six parking spaces for each additional 1,000 square feet of net floor area or fraction thereof.
      (Ord. 2942.  Passed 7-19-93.)
   (j)   Professional Offices Other Than Medical Professional Offices or Home Occupations.  One parking space for every 300 square feet of floor area.
      (Ord. 2874.  Passed 12-17-90.)
   (k)   Home Occupations.  Two parking spaces in addition to the spaces required for the dwelling unit.
   (l)   Day Care Homes.  Two parking spaces in addition to the spaces required for the dwelling unit.
   (m)   Community Living Arrangements.  Five parking spaces.
   (n)   Personal Care Boarding Homes.  One parking space for every full-time staff plus one space for every three residents.
   (o)   Day Care Centers. One parking space for each staff person plus a minimum of four parking spaces for visitors.
   (p)   Nursing Homes. One parking space for every full-time staff on peak shift plus one parking space for every three beds.
   (q)   Public or Commercial Swimming Pools.  One parking space for every fifty square feet of surface water area.
   (r)   Hotel or Motel.  One parking space for each rental room or suite plus one parking space for every eighty square feet of floor area which is accessible to the public, including, but not limited to offices, lobbies, public corridors, restaurants, lounges, ballrooms, retail shops and the like.
   (s)   New and Used Motor Vehicle Sales.
      (1)   One parking space for each 300 square feet of floor area of any building, except that where such building is used either wholly or partially for body repair, there shall be one parking space provided for each 200 square feet of floor area devoted to body repair.
      (2)   One customer off-street parking space shall be required for each 1,500 square feet of lot area devoted to outdoor display and sales.
   (t)   Wholesale, Industrial and Manufacturing Establishments, Warehouses, Truck Terminals.  One parking space per employee on the two largest shifts combined plus adequate spaces for visitors and salesmen.
      (Ord. 2717.  Passed 2-10-86.)
   (u)   All Other Uses. One parking space for each 300 square feet of net floor area or one space for each two proposed patrons or occupants at maximum permitted occupancy, whichever is greater.
      (Ord. 2942.  Passed 7-19-93.)
   (v)   Funeral Homes.  Twenty-five parking spaces for the first parlor plus ten parking spaces for each additional parlor.
   (w)   Bed and Breakfast Host Home.  One space for each bedroom to be rented in addition to the spaces required for the dwelling unit.
      (Ord. 2818.  Passed 1-16-89.)
 

1363.04 DESIGN SPECIFICATIONS FOR OFF-STREET PARKING.

   Off-street parking spaces shall be provided in accordance with the specifications in this section in any district whenever any new use is established or existing use is enlarged.
   (a)   No off-street parking space shall have an area less than 171 square feet exclusive of access drives.
   (b)   Parking stalls and maneuvering aisles shall be designed and installed as required and shall be no less than the sizes shown on the following table.  Parking stalls are to be clearly delineated by painting lines or markers, either dual or single, as shown in the examples of the application of these regulations shown in Appendix I.  In either case, the stall width shall be nine feet, determined as shown in the examples.
 
 
 
STALL
AISLE WIDTH
ANGLE OF PARKING
WIDTH (FEET)
DEPTH* (FEET)
ONE-WAY (FEET)
TWO- WAY (FEET)
30 o
9
18
12
18
45 o
9
20
15
18
60 o
9
21
18
21
90 o
9
19
20
23
Parallel
8.5
22
12
18
 
* Depth is measured perpendicular to the base line.
(Ord. 2717.  Passed 2-10-86.)
 
   (c)   Any off-street parking lot for more than five vehicles shall be graded for proper drainage and shall be surfaced with concrete, bituminous asphalt, brick or other similar material.  Any such parking lot which abuts a residential use shall be suitably screened and landscaped by a six foot high compact hedge or screening fence.
      (Ord. 2874.  Passed 12-17-90.)
   (d)   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.
   (e)   Where parking spaces are provided for the handicapped, the width of the stall shall be increased to thirteen feet.
      (Ord. 2717.  Passed 2-10-86.)
 

1363.05 OFFSTREET LOADING.

   (a)   Required Berths. Offstreet loading berths shall be provided on any lot on which a building exceeding 10,000 square feet of gross floor area is hereafter erected.  Berths shall be provided according to the following table:
 
 
Gross Floor Area (Square Feet)
Berths Required
10,000 - 20,000
One
20,001 - 60,000
Two
Over 60,000
Two plus one additional berth for each additional 40,000 square feet
 
Notwithstanding the above requirements, one loading berth may be required for any business or industry which has a gross floor area less than 10,000 square feet, but which receives deliveries by tractor trailer truck on a regular basis.
(Ord. 2942.  Passed 7-19-93.)
 
   (b)   Specifications.  Offstreet loading facilities shall be designed to conform to the following specifications:
      (1)   Each required berth shall be not less than twelve feet in width, forty feet in depth perpendicular to the loading berth and fourteen feet in height, exclusive of drives and maneuvering space and located entirely on the lot being served.
      (2)   There shall be appropriate means of access to a street or alley as well as adequate maneuvering space.
      (3)   The maximum width of driveways and sidewalk openings measured at the street lot line shall be thirty-five feet; the minimum width shall be twenty feet.
      (4)   All accessory driveways and entranceways shall be graded, surfaced and drained to the satisfaction of the Borough Engineer to the extent necessary to prevent nuisances of dust, erosion or excessive water flow across public ways.
         (Ord. 2717.  Passed 2-10-86.)
 

1363.06 PROHIBITION AGAINST REDUCTION OF LOADING REQUIREMENTS.

   The off-street parking facilities required by this Zoning Ordinance shall not be lowered by a request for variance.
(Ord. 2717.  Passed 2-10-86.)
 

1363.07 LOADING FACILITIES EXISTING AT EFFECTIVE DATE.

   Off-street parking facilities existing at the effective date of this Zoning Ordinance or provided in compliance with the provisions of this Zoning Ordinance shall not subsequently be reduced below the requirements of this Zoning Ordinance.
(Ord. 2717.  Passed 2-10-86.)
 

1363.08 PARKING OF TRUCKS, TRAILERS AND COMMERCIAL VEHICLES.

   (a)   Trucks in excess of 9,000 pounds GVW, tractor trailers, commercial vehicles and mobile homes shall not be parked upon any open space in any Residence District, except as may be herein otherwise provided or be otherwise allowed by Borough Ordinance.
 
   (b)   In "C" or "I" Districts, the parking of tractor trailers outside an enclosed building overnight or for a period in excess of four hours in any one day shall not be permitted.
(Ord. 2853.  Passed 3-19-90.)
 
   (c)   Recreational vehicles, as defined by this Zoning Ordinance, shall not be parked on any public or private street right of way.  The recreational vehicle shall have a valid registration.  Only one recreational vehicle shall be parked on a residential lot at any given time and the recreational vehicle shall be parked in the rear yard, if feasible, based on topography, the size of the rear yard and driveway accessibility.
(Ord. 2942.  Passed 7-19-93.)
 

1363.09 PARKING SPACE SURFACES; PARKING ON GRASS OR SOIL AREAS.

   (a)   All off-street parking spaces shall be constructed of an approved parking surface such as asphalt, concrete, paver blocks, stone, gravel or other material approved by the Borough Code Enforcement Officer.  No motor vehicles may be parked on lawns, grass, dirt or soil areas within the Borough for a period of time in excess of 15 minutes.  This prohibition applies regardless of whether the structure on the subject property is newly constructed or already in existence or whether or not there is a change in use of the property.
 
   (b)   Penalty. 
      (1)   First offense.  Any person who violates the provisions of this section shall be given a warning for a first offense and shall not be fined provided that said person moves their motor vehicle upon notice.
         (Ord. 3489.  Passed 7-16-07.)
      (2)   Second or subsequent offenses.  Any person violating the provisions of this section shall, upon conviction, pay a fine of three hundred dollars ($300.00) per offense.  Each day that a motor vehicle remains illegally parked as per this section shall be considered a separate offense and punishable as such.
(Ord. 3621.  Passed 10-17-11.)
 
 
 

1367.01 REMOVAL OF NATURAL GROWTH.

   Natural growth, trees, shrubbery, foliage, grass and other natural growth shall not be cleared or removed from land areas in excess of 3,500 square feet without first obtaining a removal of natural growth permit for the same from the Building Inspector.  A permit, however, shall not be necessary where such premises are included in a grading, excavation and filling permit authorized pursuant to this Zoning Ordinance.
   (a)   The Building Inspector shall issue a removal of natural growth permit when satisfactory evidence has been furnished to him of the following:
      (1)   That the applicant is the owner of the premises involved or is acting under or on behalf of the owner, or any one of the owners, if there are more than one.
      (2)   That the proposed removal of natural growth is necessary for imminent development of the premises, for agricultural purposes or to improve the usefulness, appearance or safety of the premises.
      (3)   That adequate provisions for increased surface water drainage, as determined by the Building Inspector, are provided for in each proposal.  Such additional surface water drainage shall be controlled so as to prevent any undue burden on adjacent streets or public or private lands.
(Ord. 2717.  Passed 2-10-86.)
   (b)   Any harvesting of timber, whether by select cutting or clear cutting, shall be subject to the following requirements:
      (1)   In the case of clear cutting, a reforestation plan shall be submitted.
      (2)   No processing of timber shall be permitted on the site within 500 feet of any residential dwelling.
      (3)   The weight of trucks, number of trips and the roads proposed to be used for hauling shall be identified.  A bond shall be posted in favor of the Borough in an amount determined by the Borough Engineer to guarantee restoration of any damage to Borough streets.
      (4)   A plan indicating the on-site logging roads and skid roads shall be submitted to the Borough and shall be incorporated into the Erosion and Sedimentation Control Plan for the site.
      (5)   An Erosion and Sedimentation Control Plan shall be submitted for the site and implemented throughout the operation.
      (6)   The applicant shall demonstrate compliance with applicable requirements of the PA Clean Streams Act.
         (Ord. 2942.  Passed 7-19-93.)
   (c)   Should the Building Inspector for any reason refuse to issue a permit for the removal of such natural growth, the matter may be appealed to the Zoning Hearing Board.  The Zoning Hearing Board shall then treat the application as a request for a use by special exception and may authorize the granting of such a permit, subject to such conditions as it may then deem appropriate and necessary.
      (Ord. 2717.  Passed 2-10-86.)
 

1367.02 GRADING, EXCAVATION AND FILLING.

   "Grading, excavation and filling" as hereinafter used shall include all grading, excavations, removal of earth or earth fillings involving quantities in excess of twenty-five cubic yards.  It shall not, however, include the movement of earth in the course of farming or agriculture.  A grading, excavation and filling permit required under this section is issued at the same time as a building permit, where required, is issued under this Zoning Ordinance.
   (a)   Any person who desires to perform any of the activities set forth above shall complete and file an application with the Building Inspector for a grading, excavation and filling permit on the form prescribed by the Borough.  A sample of this form is shown in the Appendix B to this Zoning Ordinance.
   (b)   The Borough Engineer in conjunction with the Building Inspector shall review the application and shall issue a grading, excavation and filling permit when satisfactory evidence has been furnished of the following:
      (1)   That the applicant is the owner of the premises involved or is acting under or on behalf of the owner, or any one of the owners, if there are more than one.
      (2)   That the proposed earth movement is to be performed according to sound engineering principles.
      (3)   That such earth movement will not endanger any public streets or properties or any adjacent private properties.
         (Ord. 2717.  Passed 2-10-86.)
      (4)   That any changes of grade will not result in a steeper finish than 3:1 slope for fills or 2:1 slope for cuts.
         (Ord. 3479.  Passed 5-21-07.)
   (c)   Drain pipes shall be installed where deemed necessary by the Building Inspector to control surface water and to prevent erosion.
   (d)   All disturbed surfaces not planned to be built upon or paved within one year of the date of the permit shall be planted in grass or crown vetch or other plant material as may be approved by the Building Inspector.
   (e)   The Borough Engineer shall, where he deems necessary, require plans, topographical surveys or other types of design drawings for the purpose of establishing compliance with this section.  The applicant shall bear the full cost of such surveys and studies. 
(Ord. 2717.  Passed 2-10-86.)
   (f)   As a condition to issuance of a grading, excavation and filling permit required by this section, the applicant shall execute a development agreement with the Borough, in a form acceptable to the Borough Solicitor, containing provisions that are reasonably necessary to guarantee proper site development and/or restoration, including provisions necessary to indemnify the Borough in connection therewith.
      (Ord. 2749.  Passed 9-10-86.)
   (g)   In addition to the permit, the Building Inspector shall issue a placard which shall be displayed on the premises during the time the work is in progress.  This placard shall show the number of the permit, the date of its issuance and shall be signed by the Building Inspector.
   (h)   After the issuance of a permit by the Building Inspector, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written approval of the Building Inspector.
   (i)   All work done pursuant to such a grading, excavation and filling permit shall commence within ninety days from the date of the permit and shall be completed within one year from the date of the permit.
      (Ord. 2717.  Passed 2-10-86.)
 

1367.03 LANDSLIDE PRONE AREAS.

   “Landslide-prone area” as used herein shall include all areas designated by Allegheny County as Hazardous Landslide Areas and Very Hazardous Landslide Areas in the Allegheny County Soil Survey.
   (a)   Any site development within a designated landslide-prone area will require a written report signed and sealed by a professional engineer registered in the Commonwealth of Pennsylvania specializing in geotechnical engineering to be submitted with the grading plan.
   (b)   In cases where stormwater facilities are to be installed in areas of landslide-prone soils, the Borough may require special precautions such as soil tests and core boring, full-time inspectors and/or similar measures.  All costs of any such measures shall be borne by the developer.
   (c)   Landslide-prone areas shall not be subdivided for residential purposes or developed for any other purpose until any hazard has been eliminated or adequate safeguards are provided under the development plan.
   (d)   Any landslide related hazard identified by said geotechnical report or the Borough Engineer shall be remedied prior to the issuance of a grading and excavation or building permit.
      (Ord. 3466.  Passed 3-19-07.)
 
 
 

1371.01 PUBLIC UTILITY CORPORATIONS.

   This Zoning Ordinance shall not apply to any existing or proposed building or extension thereof, used or to be used by public utility corporations, if upon petition of the corporation, the Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. 
(Ord. 2717.  Passed 2-10-86.)
 

1371.02 BUILDING HEIGHT REGULATIONS.

   In residence districts, no building shall exceed thirty-five feet in height, except for garden apartments, townhouses or high-rise apartments when approved as a designed multiple dwelling project in accordance with Article 1351; in commercial and industrial districts, no building shall exceed fifty feet in height.  Structures supporting utility facilities are exempted from the provisions of this section. 
(Ord. 2717.  Passed 2-10-86.)
 

1371.03 NONCONFORMING USES AND BUILDINGS.

   Nonconforming uses of land and buildings in existence at the time of the effective date of this Zoning Ordinance are subject to the following regulations:
   (a)   Continuation.  Any lawful use of land or building existing at the effective date of this Zoning Ordinance may be continued although such use does not conform to the provisions of this Zoning Ordinance.
   (b)   Expansion or Enlargement.  A nonconforming use may be expanded or enlarged when authorized as a special exception after public hearing by the Zoning Hearing Board.  In determining the propriety of granting such expansion or enlargement, the Zoning Hearing Board shall determine:
      (1)   There is evidence that the expansion or enlargement is necessitated by the natural expansion and/or growth of trade of the nonconforming use.
      (2)   That the proposed expansion or enlargement is not proposed on contiguous property which was not owned at the time the use became nonconforming.
      (3)   That the expansion or enlargement will not displace any residence in any residential district.
      (4)   That any such enlargement or expansion shall conform to the area, height, lot coverage and yard requirements of the zoning district in which it is located, unless a variance is granted or unless the nonconforming use is located in a nonconforming structure, in which case the enlargement or expansion shall also be subject to the requirements of Section 1371.04(a) governing structural alteration of nonconforming structures.
   (c)   Changes.  A nonconforming use of land or building may be changed to a nonconforming use of the same or more restricted classification if no structural alterations are made other than those ordered by an authorized public officer to assure the safety of the building or premises.  Whenever a nonconforming use of land or building has been changed to a use of a more restricted classification, such use shall not thereafter be changed to a use of a less restricted classification.
   (d)   Restoration.  If a building or structure in which a nonconforming use is conducted is wholly or partially destroyed by fire, explosion or other phenomenon, or is legally condemned, the building or structure may be reconstructed and used for the same or another nonconforming use provided that:
      (1)   Any change of the nonconforming use shall be subject to Section 1371.03(c) of this Zoning Ordinance;
      (2)   The reconstructed building or structure shall not exceed the height, area and volume of the building or structure prior to the destruction or condemnation; and
      (3)   Reconstruction of the building or structure shall be commenced within one year from the date the building or structure was destroyed or condemned and shall be carried on without interruption.
   (e)   Abandonment.  If a nonconforming use of a building or land is abandoned for a continuous period of one year or more, subsequent use of such building or land shall be in conformity with the provisions of this Zoning Ordinance.  Abandonment shall be construed to mean a voluntary cessation of use, and the inability to obtain a tenant where it is established that a tenant has been sought shall not be considered as such.
      (Ord. 2717.  Passed 2-10-86; Ord 2942.  Passed 7-19-93.)
 

1371.04 NONCONFORMING STRUCTURES.

   These regulations shall apply to all nonconforming structures as defined by this Zoning Ordinance in all zoning districts.
   (a)   Structural Alteration.  A nonconforming structure may be enlarged or structurally altered provided the enlargement or structural alteration does not increase the nonconformity and all conforming area, lot coverage, height and yard requirements of the zoning district are maintained.  Any enlargement or structural alteration which increases the nonconformity or which does not maintain the conforming area, lot coverage, height and yard requirements of the zoning district shall be authorized only by a variance granted by the Zoning Hearing Board.
   (b)   Restoration.  Any nonconforming structure which has been wholly or partially destroyed by fire, explosion, flood or other phenomenon, or legally condemned, may be reconstructed, provided that:
      (1)   The reconstructed building or structure shall not increase the nonconformity which existed prior to the destruction or condemnation.
      (2)   If the nonconforming building or structure housed a nonconforming use immediately prior to the destruction or condemnation, the restoration shall be further subject to the requirements of Section 1371.03(d) of this Zoning Ordinance.
      (3)   Reconstruction of the nonconforming building or structure shall be commenced within one year from the date the building or structure was destroyed or condemned and shall be carried on without interruption.
   (c)   Repair or Maintenance. Nothing in this Zoning Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any nonconforming structure or part thereof declared to be unsafe by any official charged with protecting the safety of the public.
   (d)   Moving.  A nonconforming structure which is moved for any reason for any distance whatsoever shall thereafter conform to all applicable requirements of the zoning district in which it is located.
   (e)   Nonconforming Signs. Nonconforming signs may be repaired or reconstructed, provided that no structural alterations are made which increase the gross surface area of the sign; however, nonconforming signs which are damaged or destroyed to an extent of more than fifty percent (50%) of their replacement cost at the time of damage or destruction shall not be reconstructed except in conformity with the provisions of this Zoning Ordinance. Nonconforming signs shall not be enlarged, added to or replaced by another nonconforming sign, use or structure, except that the interchange of poster panels in the sign structure shall be permitted.
      (Ord. 2942.  Passed 7-19-93.)
 

1371.05 REDUCTION OF LOT AREA.

   No lot area shall be so reduced that the area of the lot, or the dimension of the open space, shall be smaller than herewith prescribed.
(Ord. 2717.  Passed 2-10-86.)
 

1371.06 VISION OBSTRUCTION.

   On any lot, no wall, sign, fence or other structure shall be erected or altered and no hedge, tree, shrub or other growth shall be maintained which may cause danger to traffic on a public street by obscuring the view.
(Ord. 2942.  Passed 7-19-93.)
 

1371.07 PRIVATE GARAGES.

   (a)   A private garage which is not a structural part of a principal building may be erected in the required rear and/or side yards, provided that it shall be situated to the rear of the main building and is located not less than three feet from any adjoining property line and not less than five feet from any alley line, except that a common or joint garage which is not a structural part of a principal building may be erected on adjoining lot lines.  In the case of a corner lot or a through lot which has frontage on two streets, the detached private garage shall comply with the front yard requirements on both streets on which the lot has frontage.
 
   (b)   No part of a detached private garage shall be used for habitable purposes.
(Ord. 2717.  Passed 2-10-86.)
 
   (c)   The maximum height of a detached private garage shall be eighteen feet.
(Ord. 2942.  Passed 7-19-93.)
 
   (d)   The combined lot coverage of all principal and accessory structures on the lot shall not exceed the maximum permitted for the district.
(Ord. 2717.  Passed 2-10-86.)
 
   (e)   Carports which are attached to the principal building shall be considered a part of the principal building and shall be subject to all applicable yard requirements for principal buildings.  Carports which are separate from the principal building shall be subject to the applicable yard requirements for accessory structures.  Carports shall be included in the calculation of maximum permitted lot coverage.
 
   (f)   A detached private garage shall be located on the same lot with the principal structure to which it is accessory.  If the detached private garage is proposed to be constructed on an adjoining lot in the same ownership as the lot on which the principal structure is located, the landowner shall either prepare a plan under the Borough Subdivision and Land Development Ordinance to consolidate the two lots into one lot or the landowner shall place a restrictive covenant on the adjoining lot on which the detached garage is proposed to be constructed prohibiting the conveyance of that lot separate from the lot on which the principal structure is located, unless the detached garage is removed from the adjoining lot.
(Ord. 2942.  Passed 7-19-93.)
 

1371.08 STORAGE SHEDS.

   In all residential districts, accessory buildings, other than garages, used for the storage of personal property of the residents of the dwelling shall comply with the following requirements:
   (a)   Such accessory building shall not be used for any habitable purpose, nor for the storage, either temporary or permanent, of any vehicle licensed to travel on any road or highway.
   (b)   No person shall erect, install or replace such accessory building without obtaining a permit.
   (c)   No more than one storage shed which is accessory to a dwelling shall be permitted on a lot. 
(Ord. 2717.  Passed 2-10-86.)
   (d)   The maximum floor area of such accessory buildings shall be 144 square feet and no more than twelve feet in width or length, provided that the maximum lot coverage for the district is not exceeded. 
(Ord. 3506.  Passed 12-17-07.)
   (e)   The maximum height of such accessory building shall be nine and one-half feet.
      (Ord. 2717.  Passed 2-10-86.)
   (f)   All such accessory buildings shall be located in the rear yard except as provided in (f)(1) below, and shall be a minimum of three feet from any property line.
   (1)   Accessory buildings and storage sheds on corner lots which have no rear yards may be located in a side yard in a location approved by the Code Enforcement Officer of the Borough of White Oak.
      (Ord. 3546.  Passed 7-20-09.)
   (g)   All such accessory buildings shall be of corrosive resistant material and shall be maintained in good condition.  Any such accessory building which is not maintained in safe condition shall be removed by the owner within thirty days of receipt of a written notice from the Zoning Officer to repair or remove the accessory building.  Failure to comply with these provisions shall be a violation of this Zoning Ordinance and shall be subject to the penalty provisions of Section 1319.02.
      (Ord. 2717.  Passed 2-10-86.)
 

1371.09 ACCESS.

   No land shall hereafter be subdivided unless direct access is provided to every lot to a public street or private street approved by ordinance or resolution, road or way, and complied with the requirements of the Subdivision Ordinance of the Borough.
(Ord. 2717.  Passed 2-10-86.)
 

1371.10 TRAILERS.

   No lot may be used as a trailer camp, tourist cabin court, or automobile court, except in conformance with the provisions of Ordinance No. 989 of the Borough of White Oak.
   Trailers or other mobile units shall not be permitted to be used as principal structures on lots in the "C" or "I" Districts.  Trailers or mobile units may be permitted as accessory structures on lots in the C-2, I-1, or I-2 Districts only in conformance with the following requirements.
   (a)   A permit for a temporary construction trailer on property under development may be authorized by the Zoning Officer, provided a valid building permit has been issued for the property.  Authorization for such temporary structure shall be included in the building permit for the permanent construction on the property and shall run concurrently with the term of that building permit.  Any such temporary structure shall be removed immediately upon completion of construction or development of the property.
   (b)   A permit for a trailer to be used for storage accessory to an authorized principal use on I-1 or I-2 properties may be issued by the Zoning Officer, provided the following requirements are met:
      (1)   Storage trailers shall not be located in the front yard.  Storage trailers may be located in the rear or side yards if adequately screened from view from the public street or adjoining residential properties by a six foot high compact hedge or screening fence.
      (2)   Storage trailers shall be located so as to not reduce or obstruct the parking or loading areas required for the principal use, nor shall their location obstruct the free and safe flow of vehicular or pedestrian traffic on the lot.
      (3)   No display or sale of merchandise shall be permitted from the storage trailer.
      (4)   No office or other administrative use of the storage trailer shall be permitted.
      (5)   Storage trailers shall be included in the computation of maximum permitted building coverage for the principal use.
      (6)   Storage trailers shall be secured in a fixed location, approved by the Borough, and shall not be used for hauling while they are in use as a storage trailer.
         (Ord. 2853.  Passed 3-19-90.)
 

1371.11 LOADING AND UNLOADING SPACES.

   Offstreet loading and unloading with proper access from a street or alley shall be provided on any lot on which a building for trade or business is hereafter erected or substantially altered in accordance with Section 1363.05.
(Ord. 2717.  Passed 2-10-86.)
 

1371.12 SANITARY FACILITY REQUIREMENTS.

   All buildings hereafter erected shall be provided with adequate sanitary and drainage facilities in accordance with the provisions of the County of Allegheny Plumbing Ordinance or other ordinance of the Borough governing similar matters.  Plans for all buildings shall indicate a proper relation of the proposed buildings as to elevation with reference to the public sewer system and drainage sewers installed or to be installed in the street or streets upon which the property abuts.  If the area of the proposed building is not serviced by the public sewer system, plans for a private sanitary and drainage system shall be submitted and approved by the Allegheny County Health Department.  The drainage system of each lot must be separate and independent of that of any other lot.  No building shall be erected except in accordance with the plans so submitted and approved.
(Ord. 2717.  Passed 2-10-86.)
 

1371.13 ALLEY DWELLINGS.

   No dwelling shall hereafter be erected, placed or constructed on the rear portion of any lot so that the front or main entrance shall front or open on any alley. 
(Ord. 2717.  Passed 2-10-86.)
 

1371.14 GARBAGE.

   Outdoor storage of garbage, rubbish, trash, refuse, junk or discarded articles is prohibited in every zoning district, except that garbage and rubbish stored in appropriate containers originating from and stored upon one-family and two-family residence zoning lots is permitted, provided that such garbage and rubbish is removed from the premises not less often than biweekly.
(Ord. 2717.  Passed 2-10-86.)
 

1371.15 PERFORMANCE STANDARDS.

   (a)   Fire Hazards and Protection:  Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire-suppression equipment acceptable to the Board of Fire Underwriters and shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
 
   (b)   Radioactivity or Electrical Disturbances:  No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.
 
   (c)   Noise: Noise which is determined to be objectionable because of volume, frequency or heat shall be muffled, suppressed or otherwise controlled, except fire sirens and related apparatus used solely for public purposes shall be exempt from this requirement.
When measured at any lot line, the sound pressure level of noise emanating from within the lot when measured on the "A" scale of a sound pressure level meter shall not exceed the values shown in Table I after applying the corrections shown in Table II.  This section shall not apply during the hours from 7:00 a.m. to 11:00 p.m. prevailing time, for land or buildings under construction or home repairs.  The sound pressure level shall be measured with a sound level meter conforming to the standards as prescribed by the American National Standards Institute, New York, N.Y. in Specifications for Sound Level Meters, S1.4-1971, or latest approved revision thereof.
 
 
TABLE I
Residential (all districts)
55 dBA
Commercial
60 dBA
Light Industrial and Industrial
65 dBA
 
 
TABLE II
Type or Location of Operation or Character of Noise
Correction Decibels
1.   Daytime operation only
-5
2.   Noise source operates less than *
   a.  20% of any one-hour period
-5
   b.  5% of any one-hour period
-10
3.   Noise of impulsive character    (hammering, etc.)
-5
4.   Noise of periodic character (hum, screech, etc.)
-5
5.   Property is located in any C or I district and is not within 500 feet measured horizontally or vertically from any residential district   
0
*Apply one of these corrections only.
 
   (d)   Vibration:  No vibration shall be permitted which is discernible without instruments on any adjoining lot or property, except that the temporary vibration as a result of construction activity shall be permitted.
 
   (e)   Air Pollution:  No pollution of air by fly-ash, dust, vapors or other substances shall be permitted which is harmful to health, or to animals, vegetation or other property or which can cause soiling of property.
 
   (f)   Smoke:  Smoke which is of a shade equal to or darker than No. 3 on the Standard Ringlemann Chart issued by the United States Bureau of Mines shall not be emitted by industrial or commercial uses for longer than eight minutes in any hour.
 
   (g)   Odors:  No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.
 
   (h)   Glare:  Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.
 
   (i)   Erosion:  No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties.
 
   (j)   Liquid and Solid Wastes: There shall be no discharge at any point into any public or private sewerage system or watercourse, or into the ground, of any materials in such a way or of such nature as will contaminate, pollute or otherwise cause the emission of hazardous materials in violation of the laws of the Commonwealth.
 
   (k)   Major Excavation, Grading or Filling:  No major excavation, grading or filling shall be permitted which shall fail to be undertaken in such a manner as to offer reasonable protection to the neighborhood against detrimental effects, taking into consideration the physical relationship to surrounding properties and access to the site, including any nearby residential streets that may be traversed in conveying materials to and from the site.
In order to determine whether a proposed use will conform to the requirements of this section, Council may obtain a qualified consultant to testify and/or make tests to determine if a violation exists, whose cost for services shall be borne by the applicant or persons found to be in violation.
(Ord. 2717.  Passed 2-10-86.)
 

1371.16 PRIVATE SWIMMING POOLS.

   (a)   Proposed Installation. Any person, firm or corporation may make an application in writing for a building permit to construct, operate or maintain a family swimming pool on any property in the Borough.  The application shall be forwarded to the Building Inspector together with the design, materials to be used in construction and the type and character or permanent safeguards to be installed around such swimming pool.  If a review of the contents of the application by the Building Inspector shows all provisions of this section are covered satisfactorily, a building permit shall be issued.
 
   (b)   Existing Installation.  Any person, firm or corporation that operates or maintains a family swimming pool on any property in the Borough in existence before December 2, 1974, the date of the enactment of this Zoning Ordinance, shall notify the secretary of the Borough in writing of the design and material of which the same is constructed, and the type and character of safeguards permanently constructed around such swimming pool.
(Ord. 2717.  Passed 2-10-86.)
 
   (c)   Regulations.  A private swimming pool may be erected in a rear or side yard in any residential district, provided the following conditions are met:
      (1)   All in-ground pools shall be located to meet all the yard requirements applicable to a principal structure in the Zoning District in which the pool is to be installed.  Above-ground pools shall be located a minimum of ten feet from any side or rear property line.
         (Ord. 2874.  Passed 12-17-90.)
      (2)   The pool must be suitably designed and located so as not to become a nuisance or hazard to adjoining property owners or the public.  Outdoor lights, if used, shall be shielded and not reflected towards adjacent residential properties.
         (Ord. 2717.  Passed 2-10-86.)
      (3)   Every in-ground pool installation shall be enclosed by a fence which is at least four feet in height.  No holes or other openings in the fence, other than regular points of entry, shall have a length or width in excess of two inches.  All points of entry into the pool area shall be equipped with a secure gate which has a locking device on the pool side, which locking device shall be inaccessible to small children and which shall be closed and locked at all times when the pool is not in use.
         An above-ground pool, the top of which is at least four feet above the adjacent ground level on the entire perimeter of the pool, and which has removable or retractable steps, shall not be required to be fenced, provided the steps are removed or retracted when the pool is not in use.  All other above-ground pools shall be fenced in accordance with the requirements of this Section for in-ground pools.
         (Ord. 2874.  Passed 12-17-90.)
      (4)   No family pool shall provide a diving board unless sufficient space for diving has been provided for to a depth of eight feet.
      (5)   All electrical wiring installed or used in conjunction with any family pool shall be in conformity with the National Electrical Code standards, and the materials used or installed shall be as provided by the National Underwriters Laboratory.  Further, the electrical supply to the motor and lights shall be inaccessible to users of the pool.  The recirculating equipment and main power supply shall be housed in a structure that remains locked at all times.  There shall be no electrical plugs or wiring, other than lights and motor mentioned above within eight feet of the edge of the pool.
      (6)   Provision shall be made for drainage of the pool and backwash water disposal.  The use of open fields or dry wells shall be permitted for this purpose, provided they meet the requirements of health and sanitary regulations of the Commonwealth and the County regulating swimming pools.  In addition, family pool installations shall comply with the health and sanitary regulations of the above governing bodies.  Water shall not be emptied onto public roads or adjoining land belonging to others.
         (Ord. 2717.  Passed 2-10-86.)
 

1371.17 ANTENNAS.

   Parabolic or satellite dish antennas shall be permitted as accessory structures in any zoning district, provided that:
   (a)   No such antenna shall be located in any front yard.
   (b)   No more than one satellite or parabolic dish antenna shall be located on any one lot.
   (c)   In residence districts, no such antenna exceeding four feet in height, diameter or depth shall be installed on any roof or above any building.
      In commercial and industrial districts, no such antenna exceeding twelve feet in height, diameter or depth shall be installed on any roof or above any building.
   (d)   When roof-mounted, the satellite or parabolic dish antenna shall be located on a portion of the roof which slopes away from the front of the lot and no part of the antenna shall project above the ridgeline of the roof.
   (e)   The diameter of any satellite or parabolic dish antenna, other than those installed on a roof or above a building, shall not exceed twelve feet.
   (f)   No part of any freestanding antenna structure shall be located any closer than ten feet to any property line.
   (g)   The maximum height of any freestanding satellite or parabolic dish antenna shall be fifteen feet.
   (h)   A building permit shall be required for the installation of any parabolic or satellite dish antenna.  The permit shall be subject to payment of the required fee as established by resolution of Council.
      (Ord. 2717.  Passed 2-10-86.)
 

1371.18 ACCESSORY STRUCTURES ON SEPARATE LOTS.

   Private garages, private swimming pools, antennas, and storage sheds as defined as accessory structures by this article shall not be constructed on a lot unless the principal structure to which it is accessory already exists on the same lot.  If a landowner owns two adjoining lots and proposes to construct an accessory structure on the adjoining lot, the two lots shall be consolidated into one lot in accordance with the provisions of the Borough Subdivision and Land Development Ordinance.
(Ord. 2874.  Passed 12-17-90.)
 

1371.19 FENCES.

   (a)   When accessory to a residential dwelling, a fence no more than six feet in overall height, measured from the adjacent ground level to the highest point on the fence, shall be permitted to be located in the required rear or side yard.  The fence shall be constructed so that the finished surface of the fence faces out towards the adjoining property or street right of way.
(Ord. 2942.  Passed 7-19-93.)
 
   (b)   Decorative fences, such as split rail fences, which are at least seventy-five percent (75%) open and which are not used to continuously enclosed or secure property may be located in the required front yard, provided they shall not exceed four feet in height.
(Ord. 3505.  Passed 12-17-07.)
 
   (c)   When accessory to a nonresidential use or public or private recreational use, fences shall be a minimum of six feet in height and a maximum of ten feet in height and shall contain openings which equal fifty percent (50%) or more of the area of the fence, except where a screening fence is otherwise required by the Zoning Ordinance.
(Ord. 2874.  Passed 12-17-90.)
 

1371.20 CENTRAL AIR CONDITIONING UNITS.

   (a)   Residential Zoning Districts.  All central air conditioning units located on residential properties shall be placed in the rear of the dwelling no closer than five feet to either side of the dwelling and no farther than three feet from the rear wall of the dwelling.  Air conditioning units placed in the side yard must be a minimum of five feet from the side yard property line.
      (1)   Central air conditioning units shall not be placed in any front yard.
      (2)   All exhaust fans shall  be placed so that they face vertically or to the rear of the property.
 
   (b)   Commercial, Industrial or Transitional Zoning Districts.  All central air conditioning units on properties in a Commercial, Industrial or Transitional Zoning District shall be located at least ten feet from the rear property line and at least ten feet from the side property lines.
      (1)   Central air conditioning units shall not be placed in any front yard.
      (2)   All exhaust fans shall be placed so that they face vertically or to the rear of the property.
         (Ord. 2874.  Passed 12-17-90.)
 

1371.21 CANOPIES ON COMMERCIAL OR INDUSTRIAL PROPERTY.

   Canopies and similar freestanding permanent roofed structures without walls shall be permitted to cover outdoor seasonal displays and sales areas or fuel dispensing areas accessory to authorized uses in the Commercial and Industrial Districts, provided that:
   (a)   Such structure shall not be attached to the principal building.
   (b)   Such structure shall be located at least ten feet from any property line or street right of way.
   (c)   Such structure shall not be enclosed.
   (d)   Such structure shall not be constructed of canvas.
   (e)   Such structure shall be removed immediately, once the principle use or the use of the accessory structure is discontinued.
      (Ord. 2942.  Passed 7-19-93.)
 

1371.22 OUTDOOR SALES ON COMMERCIAL PROPERTY.

   (a)   Sidewalk sales, truckload sales and other special outdoor sales or promotional events may be conducted on any vacant lot or any lot containing an existing retail business which is zoned C-1 or C-2, provided all of the following criteria are met:
      (1)   The transient retail business shall not be conducted for more than 120 days in any calendar year.
      (2)   Permission of the landowner shall be obtained.
      (3)   The activity shall not obstruct the free flow of pedestrian or vehicular traffic nor shall it reduce the number of parking spaces available on the site.
      (4)   The transient merchant license required by Article 317 of the Codified Ordinances of the Borough shall be obtained.
 
   (b)   In commercially zoned districts, preparation and serving of food in an outdoor setting shall only be permitted if the following criteria are met:
      (1)   Permission of the landowner shall be obtained.
      (2)   All applicable requirements of the Allegheny County Health Department shall be met.
      (3)   The preparation and serving of food shall not be permitted on a vacant lot and shall only be permitted on the site of an existing business.
      (4)   The area used for preparing and serving the food shall not obstruct any sidewalk or public right of way nor shall it obstruct the free flow of pedestrian or vehicular traffic on the site or adjoining the site.
      (5)   The area used for preparing and serving the food shall not reduce the number of parking spaces available on the site.
      (6)   The activity shall comply with all applicable requirements of the Borough Fire Code.
      (7)   The site intended to be used for preparation and serving of food shall provide restroom facilities available to the public, unless the existing business on the site has restroom facilities which are available to the public.
      (8)   The preparation or serving of food which is part of a special event that does not exceed seventy-two hours in duration shall be exempt from the requirement to obtain an occupancy permit.  All other uses involving the preparation and serving of food  for a period in excess of seventy-two hours shall obtain the Use and Occupancy Certificate required by Section 1305.07 of this Ordinance from the Borough Zoning Officer.
      (9)   If applicable, the transient merchant license required by Article 317 of the Codified Ordinances of the Borough shall be obtained.
         (Ord. 2942.  Passed 7-19-93.)
 

1371.23 GUIDELINES AND STANDARDS IN GRANTING SPECIAL EXCEPTIONS FOR ADULT COMMERCIAL BUSINESSES.

   It is the purpose and intent of this section to regulate sexually oriented businesses to promote the health, safety and general welfare of the citizens of the Borough, and to establish reasonable and uniform regulations to prevent the continued deleterious location and concentration of sexually oriented businesses within the Borough. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent  nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section  to condone or legitimize the distribution of obscene material.
   (a)   Definitions.
      (1)   “Adult arcade”  means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machine, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."
      (2)   “Adult bookstore” or “adult video store”  means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
         A.   Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or
         B.   Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."
         A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified activities" or "specified anatomical areas."
      (3)   “Adult cabaret”  means a nightclub, or bar, or similar commercial establishment which regularly features:
         A.   Persons who appear in the state of nudity; or
         B.   Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
         C.   Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
      (4)   “Adult motel”  means a hotel, motel or similar commercial establishment which:
         A.   Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and which advertises the availability of this adult type of photographic reproductions; or
         B.   Offers sleeping rooms for rent four (4) or more times in one calendar day during five (5) or more calendar days in any continuous 30-day period.
      (5)   “Adult motion picture theater”  means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or other photographic reproduction are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
      (6)   “Adult theater”  means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or "specified sexual activities."
      (7)   “Escort”  means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
      (8)   “Escort agency”  means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
      (9)   “Permittee” and/or “licensee”  means a person in whose name a permit and/or license or operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
      (10)   “Nude model studio”  means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
      (11)   “Nudity” or “state of nudity”  means the appearance of a human bare buttock, anus, male genitals, female genitals, or female breast.
      (12)   “Person”  means an individual proprietorship, partnership, corporation, association, or other legal entity.
      (13)   “Restaurant”  means a place where the principal and substantial activity is the sale of food and the incidental sale of nonintoxicating beverages or intoxicating beverages if licensed by the Pennsylvania Liquor Control Board.
      (14)   “Semi-nude”  means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
      (15)   “Sexual encounter center”  means a business or commercial enterprise that, as one if its primary business purposes, offers for any form of consideration:
         A.   Physical contact in the form of wrestling or tumbling between persons of the opposite sex; and
         B.   Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
      (16)   “Sexually oriented business”  means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
      (17)   “Specified anatomical areas”  means the male genitals and/or the vulva or more intimate parts of the female genitals.
      (18)   “Specified sexual activities”  means and includes any of the following:
         A.   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
         B.   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
         C.   Masturbation, actual or simulated; or
         D.   Excretory functions as part of or in connection with any of the activities set forth subsection (a)(18)A. through C. above.
      (19)   Substantial enlargement  of a sexually oriented business means the increase in floor areas occupied by the business by more than twenty-five percent (25%), as the floor areas exist on date of enactment of this section.
      (20)   “Borough” means Borough of White Oak.
      (21)   “Transfer of ownership or control of a sexually oriented business means and includes any of the following:
         A.   The sale, lease, or sublease of the business;
         B.   The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
         C.   The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
   (b)   Classification.  Sexually oriented businesses are classified as follows:
      (1)   Adult arcades;      
      (2)   Adult bookstores or adult video stores;
      (3)   Adult cabarets;
      (4)   Adult motels;
      (5)   Adult motion picture theaters;
      (6)   Adult theaters;
      (7)   Escort agencies;
      (8)   Nude model studios; and
      (9)   Sexual encounter centers.
   (c)   Special Exception Permit Required. 
      (1)   Any person who intends to operate a sexually oriented business must first obtain a special exception permit to do so from the White Oak Zoning Hearing Board. The Zoning Hearing Board shall process an application for such a special exception in accordance with the requirements and standards and guidelines of the White Oak Zoning Ordinance and this amendment thereto, and the general zoning law.
      (2)   Any person who operates a sexually oriented business without a valid special exception permit issued by the Borough is guilty of a violation of the Zoning Ordinance of the Borough.
      (3)   An application for a special exception permit to operate a sexually oriented business must be made on a form provided by the Code Enforcement Officer of the Borough. The application must be accompanied by a sketch or diagram showing the floor plan and plot plan configuration of the premises, including a statement of the total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches (6"). Parking facilities must be specifically identified and meet Zoning Ordinance requirements. Nonconforming structures and those not having the required parking sites shall not be issued permits unless the sexually oriented business was in existence as a lawful use prior to the date of this section.
      (4)   The applicant must be qualified according to the provisions of this section and the premises must be inspected and found to be in compliance with the law by the Code Enforcement Officer and the Fire Marshall.
      (5)   If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a special exception permit as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten percent (10%) or greater interest in the business must sign the application for a permit as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a direct or indirect interest of ten percent (10%) or greater in the corporation must sign the application for a permit as applicant.
      (6)   The fact that a person possesses other types of Borough permits does not exempt the person from the requirement of obtaining a sexually oriented business permit.
   (d)   Issuance of Special Exception Permit.
      (1)   The White Oak Zoning Hearing Board shall approve the issuance of a special exception permit to an applicant unless it finds one or more of the following to be true:
         A.   An applicant is under eighteen (18) years of age or any person performing, acting or depicted in any manner in the performance of such activity, may or will be under the age of 18.
         B.   An applicant or an applicant's spouse is overdue in his payment to the Borough of taxes, fees, fines, or penalties assessed against him or imposed upon him in relation to a sexually oriented business.
         C.   An applicant has failed to provide information reasonably necessary for issuance of the permit or has falsely answered a question or request for information on the application form.
         D.   An applicant is residing with a person who has been denied a permit by the Borough to operate a sexually oriented business within the preceding twelve (12) months, or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding twelve (12) months.
         E.   The premises to be used for the sexually oriented business have been reviewed and have been disapproved by either the Code Enforcement Officer or the Fire Marshall as not being in compliance with applicable state and federal laws and local ordinances, including, but not limited to, the Americans With Disabilities Act and the Pennsylvania Labor and Industry regulations.
         F.   The application fee required by this section has not been paid and any other fees required by the Borough.
         G.   An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this section.
         H.   An individual applicant or any individual holding a direct or indirect interest of more than ten (10%) percent of a corporate applicant, or any of the officers and directors of a corporate applicant, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; or the manager or other person in charge of the operation of the applicant's business, has or have been convicted of an offense involving sexual misconduct within the Commonwealth of Pennsylvania, including, but not limited to, prostitution, obscenity and possession of child pornography, or convicted of any offense in any jurisdiction other than the Commonwealth of Pennsylvania that would have constituted an offense involving sexual misconduct if committed within the Commonwealth of Pennsylvania. In order for approval to be denied pursuant to this subsection, the person or persons'  conviction or release in connection with the sexual misconduct offense must have occurred within two (2) years of the date of application in the event of a misdemeanor and within five (5) years of the date of application in the event of a felony.
         I.   If live performances are to be given, that the premises in which such live performances are to be offered do not contain a stage separated from the viewing area or that the viewing area is accessible to the performances, or that the performers may readily access the viewers present.
         J.   Liquor or intoxicating beverages are to be sold or consumed on the premises for which a permit is sought.
      (2)   If the White Oak Zoning Hearing Board approves the application for a special exception, the White Oak Borough Code Enforcement Officer shall issue a special exception permit to the applicant.
      (3)   The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
      (4)   The Code Enforcement Officer and Fire Marshall shall complete their certification that the premises are in compliance or not in compliance within twenty (20) days of receipt of the application by the Code Enforcement Officer. The certification shall be promptly presented to the White Oak Zoning Hearing Board.
   (e)   Fees.  The application fee for a sexually oriented special exception permit shall initially be one thousand dollars ($1,000) and may be changed by Council from time to time by Resolution under the provisions of the Zoning Ordinance of the Borough of White Oak. Such other fees as may be required under this section and under other ordinances of the Borough, such as the Mechanical Amusement Device Permit Fee, shall also be required.
   (f)   Inspection. 
      (1)   An applicant, or permitted, shall permit representatives of the Police Department, Fire Marshall, Code Enforcement Officer, or other Borough departments or agencies to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time that the sexually oriented business is occupied or open for business.
      (2)   A person who operates a sexually oriented business or his agent or employee violates the Zoning Ordinance of the Borough if he refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.
   (g)   Expiration of Permit.
      (1)   The special exception permit shall expire in the event of the nonpayment of any applicable fees of the Borough, and in the event of such expiration, application for renewal shall be the same as provided in subsection (d) hereof.
      (2)   If the permit is revoked by the Code Enforcement Officer for reasons specified in subsection (g)(1) hereof, the applicant shall not be issued a permit for one year from the date of revocation, except that after ninety (90) days have elapsed since the date of revocation, the applicant may be granted a permit if the Code Enforcement Officer finds that the basis for revocation of the permit has been corrected or abated.
   (h)   Suspension of Permit.  The Code Enforcement Officer shall suspend a permit for a period not to exceed thirty (30) days if he determines that a permittee or an employee of a permittee or an occupant of the premises has:
      (1)   Violated or is not in compliance with any section of this section;
      (2)   Engaged in use of alcoholic beverages while on the sexually oriented business premises;
      (3)   Refused to allow an inspection of the sexually oriented business premises as authorized by this Ordinance;
      (4)   Knowingly permitted gambling by any person on the sexually oriented business premises;
      (5)   Failed to man managers' stations and/or maintain viewing rooms as set forth in Section 1371.23(l).
   (i)   Revocation of Permit.
      (1)   The Code Enforcement Officer shall revoke a permit if a cause of suspension set forth in Section 1371.23(h) occurs and the permit has been suspended within the preceding twelve (12) months.
      (2)   The Code Enforcement Officer shall revoke a permit if he determines that:
         A.   A permittee, or any of the persons specified in Section 1371.23(d)(1)H., is or has been convicted of the offenses specified in Section 1371.23(d)(1)H.;
         B.   A permittee gave false or misleading information in the material submitted to the Borough during the application process;
         C.   A permittee or an employee of a permittee has knowingly allowed possession, use, or sale of controlled substances on the premises;
         D.   A permittee or an employee of a permittee has knowingly allowed prostitution on the premises;
         E.   A permittee or an employee of a permittee knowingly operated the sexually oriented business during a period of time when the permittee's permit was suspended;
         F.   A permittee or an employee of a permittee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other explicit sexual conduct to occur in or on the permitted premises;
         G.   A permittee is delinquent in payment to the Borough or State of any taxes or fees relating to sexually oriented businesses;
         H.   Any person performing, acting or depicted in the activity is under the age of 18, or any person viewing such activity or allowed admittance is under the age of 18.
      (3)   When the Code Enforcement Officer revokes a permit, the revocation shall continue for one (1) year, and the permittee shall not be issued a sexually oriented business permit for one (1) year from the date revocation became effective, except that if the revocation is pursuant to subsection (i)(1) above, the revocation shall be effective for two (2) years in the event misdemeanor or five (5) years in the case of a felony.
      (4)   After denial of an application, or denial of a renewal of an application, or suspension or revocation of a permit, the applicant or licensee or permittee shall have the right to appeal said action and to seek prompt judicial review of such administrative action in any court of competent jurisdiction.
   (j)   Transfer of Permit. A permittee shall not transfer his permit to another person. A permittee shall not operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application.
   (k)   Location of Sexually Oriented Businesses. 
      (1)   A person is guilty of a violation of the Zoning Ordinance if he operates or causes to be operated a sexually oriented business outside of the district in which a sexually oriented business is a permitted use. No sexually oriented businesses shall be located outside a district in which a sexually oriented business is a permitted use. Sexually oriented businesses as defined herein shall be permitted in C-2 Commercial Zoning District as a Special Exception.
      (2)   A person is guilty of a violation of the Zoning Ordinance if he operates or causes to be operated a sexually oriented business within five hundred (500') feet of the nearest property line of the following institutions, nor will any permits be issued for any such business which shall be located within five hundred (500') feet of the nearest property line of the following:
         A.   A church, synagogue or other religious facility;
         B.   A public or private pre-elementary, elementary, or secondary school, college, university or any institution of higher learning;
         C.   A public library;
         D.   A child care facility, nursery school, a pre-school for exceptional children or similar facility;
         E.   A group home or residence facility for minor children;
         F.   A public park, playground or other recreational facility.
      (3)   A person is guilty of a violation of the Zoning Ordinance if he causes or permits the operation, establishment, substantial enlargement, or transfer of ownership of control of a sexually oriented business without the necessary Borough permits. Nor will any permits be issued for any such business which shall be located within one thousand feet (1,000') of another sexually oriented business, either a conforming or nonconforming business.
      (4)   A person is guilty of a violation of the Zoning Ordinance if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof; or the increase of floor areas of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.
      (5)   For the purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest property line of the premises on which the building or structure used as a part of the premises where a sexually oriented business is located, to the nearest property line of the premises of a church, public or private pre-elementary, elementary, or secondary school, public library, child care facility, or nursery school; or to the nearest boundary of an affected public park or to any of the other institutions or facilities listed hereinabove in subsection (k)(2) hereof.
      (6)   For purposes of subsection (k)(3) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest property line of the premises on which each business is located.
      (7)   Any sexually oriented business lawfully operating on date of enactment of this section that is in violation of subsection (k)(1) through (6) of this section shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use. In the event that two or more sexually oriented businesses are within one thousand (1,000') feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business is nonconforming.
      (8)   A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business permit, of a church, public or private pre-elementary, elementary, or secondary school, public library, child care facility, nursery school or public park or any of the other institutions or facilities listed hereinabove in subsection (k)(2) hereof within five hundred (500') feet of the sexually oriented business. This provision applies only to the renewal of a valid permit, and does not apply when an application for a permit is submitted after a permit has expired or has been revoked.
   (l)   Regulation Pertaining to Exhibition of Sexually Explicit Films or Video.
      (1)   A person who operates or causes to be operated a sexually oriented business which exhibits on the premises in a viewing room (a separate compartment or cubicle) of less than one hundred fifty (150) square feet of floor space, a film or video cassette, or other video or other image production or reproduction which depicts "specified sexual activities" or "specified anatomical areas", shall comply with the following requirements:
         A.   The application for a permit to operate a sexually oriented business shall be accompanied by a floor plan and plot plan diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all viewing rooms, partitions and doors and location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (6") inches. The Code Enforcement Officer may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certified that the configuration of the premises has not been altered since it was prepared.
         B.   The application shall be sworn to be true and correct by the application.
         C.   No alteration in the configuration or location of a manager's station may be made without the prior approval of the Code Enforcement Officer or his designee.
         D.   It is the duty of the owners and operators of the premises to ensure that at least one (1) employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
         E.   The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction or viewing equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
         F.   It shall be the duty of the owners and operators, and it shall also be the duty of any agents and employees present on the premises to ensure that the view area specified in subsection (l)(1)E. remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted any access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (l)(1)A.
         G.   No viewing room may be occupied by more than one (1) person at any time. No connections or openings to an adjoining viewing room shall be permitted.
         H.   The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1) foot candle as measured at the floor level.
         I.   It shall be the duty of the owners and operators and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
      (2)   A person having a duty under subsections (l)(1)A. through I., is guilty of a violation of the Zoning Ordinance if he knowingly fails to fulfill that duty:
   (m)   Exemptions.
      (1)   It is a defense to a prosecution under Section 1371.23(d) and Section 1371.23(k) that a person appearing in a state of nudity did so in a modeling class operated in a viewing room.
         A.   By a proprietary school, licensed by the Commonwealth of Pennsylvania, or a college, junior college, or university supported entirely or partly by taxation;
         B.   By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
         C.   In a structure:
            1.   Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and 
            2.   Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and 
            3.   Where no more than one (1) nude model is on the premises at any one time.
   (n)   Injunction.  A person who operates or causes to be operated a sexually oriented business without a valid permit or in violation of this section is subject to an action in equity or a suit for injunction as well as citations for violations of the Zoning Ordinance.
   (o)   Severability.  The provisions of this section are severable and, if any section, sentence, clause, part or provision hereof shall be held illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect the remaining sections, sentences, clauses, parts or provisions of this section. It is hereby declared to be the intent of the Council that this section would have been adopted if such illegal, invalid or unconstitutional section, sentence, clause, part or provision had not been included herein.
      (Ord. 3007.  Passed 7-17-95.)
 

1371.24 FEE FOR COST OF HOLDING PUBLIC HEARINGS.

   Whenever any public hearing shall be required pursuant to any of the Codified Borough Ordinances or the Pennsylvania Borough Code, the party requesting same shall pay a fee to the Borough equaling the sum of all stenographer fees, legal advertisement fees, solicitor fees, engineering fees and all other costs incurred by the Borough of White Oak in conjunction with said public hearing.
(Ord. 3464.  Passed 3-19-07.)
 

1371.25 PORTABLE HOME STORAGE UNITS.

   In all residential districts, portable home storage units or portable sheds, hereinafter referred to as “PODS” that are loaded with materials and placed on a residential property shall comply with the following requirements:
   (a)   Permit Required; Application; Insurance; Fee.  Before placing a PODS unit on his  or her property, a person must submit an application and receive a permit from the Borough of White Oak.  An insurance certificate providing liability insurance in the amount of one hundred thousand dollars ($100,000) provided by the company supplying the POD must accompany the application.  There is a fee of twenty dollars ($20.00) for a sixty day permit.
   (b)   Duration.  Permits will be granted for a period of sixty days.  At the expiration of the sixty day period, applicants may seek to extend their permits for an additional sixty days by seeking an extension for cause from the Borough Code Enforcement Officer.  Extension of a permit will cost one hundred dollars ($100.00) for each additional sixty days granted.
   (c)   Location.  PODS units are prohibited from being placed in streets or the front yard of a property.  PODS units must be kept in the driveway of the property at the furthest accessible point from the street.  All locations must be paved off-street surfaces.  The applicant must obtain pre-approval of the location by the Borough Code Enforcement Officer in the following situations:
      (1)   If the property does not have a driveway.
      (2)   If the location of the unit in the driveway is in the front yard of the property.
      (3)   If the property is a corner lot.
   (d)   Number of Units.  Only one PODS unit may be placed at any residential property at one time.
   (e)   Violations and Penalties.  Any person who shall place a PODS unit in violation of this article shall, upon conviction, be sentenced to pay a fine not exceeding one thousand dollars ($1,000), together with the costs of prosecution, and upon default in the payment thereof be sentenced to undergo imprisonment for a period not exceeding thirty days.
      (Ord. 3545.  Passed 7-20-09.)
 

1371.26 BUFFER AREAS.

   (a)    When a lot size is reduced by way of condemnation or deed in lieu of condemnation and as a result reduces or eliminates a required buffer zone, such buffer is not required to be replaced.
 
   (b)    Where a lot size is reduced by way of condemnation or deed in lieu of condemnation and where a "corridor study" has been performed, future development or redevelopment may follow buffer standards adopted by ordinance or resolution of the Borough Council in lieu of the buffer requirements of the zone district in which a study has been performed. 
(Ord. 3602.  Passed 4-18-11.)
 

1371.27 NON-CONFORMING USES RELATIVE TO HIGHWAY PROJECTS.

   Legal non-conforming uses shall not lose their non-conforming status due to acquisition in part for a state or local highway project, whether by amicable deed or condemnation, that affects the dimensional non-conformity of the property. If a variance request is deemed required for such a property, the impact of the acquisition for public purposes shall be considered an unnecessary hardship to the property. 
(Ord. 3602.  Passed 4-18-11.)
 
 
 

1375.01 PURPOSE.

   It is recognized that signs perform important functions in identifying residences and businesses.  It is hereby found and declared, however, that minimum control of signs is necessary to promote the health, safety and general welfare by lessening hazards to pedestrian and vehicular traffic; preserving property values; preventing unsightly and detrimental development which has a blighting influence on residential, business and industrial uses; preventing signs from reaching such excessive size that they obscure one another to the detriment of all concerned and  securing certain fundamentals of design for the Borough.
(Ord. 2717.  Passed  2-10-86.)
 

1375.02 CONFORMANCE.

   Any sign hereafter erected or maintained shall conform with the provisions of this article and any other ordinance or regulations of the Borough not inconsistent herewith.
(Ord. 2717.  Passed 2-10-86.)
 

1375.03 DEFINITION OF A SIGN.

   "Sign" means any permanent or temporary structure or part thereof or any device attached, painted or represented directly or indirectly on a structure or other surface that displays or includes any letter, work, insignia, flag or representation used as or which is in the nature of an advertisement, announcement, visual communication, direction or is designed to attract the eye or bring the subject to the attention of the public.
(Ord. 2717.  Passed 2-10-86.)
 

1375.04 AREA OF SIGNS.

   (a)   The area of a sign shall be construed to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing incidental to the display itself.
 
   (b)   Where the sign consists of individual letters or symbols attached to a building, wall or window, the area shall be considered to be that of the smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols.
 
   (c)   In computing square foot area of a double-face sign, only one side shall be considered, provided both faces are identical.  If the interior angle formed by the two faces of the double-faced sign is greater than forty-five degrees, then both sides of such sign shall be considered in calculating the sign area.
(Ord. 2717.  Passed 2-10-86.)
 

1375.05 ILLUMINATION OF SIGNS DEFINED.

   (a)   "Directly illuminated sign" means a sign designed to give forth artificial light directly or through transparent or translucent material, from a source of light within such sign, including but not limited to, neon and exposed lamp signs.  No directly illuminated sign shall violate the provisions of Section 1371.15(h).
      (1)   "Festoon lighting" means a directly illuminated sign comprised of a group of incandescent bulbs hung or strung overhead or used to outline a structure or any part thereof.
 
   (b)   "Indirectly illuminated sign" means a sign illuminated with a light so shielded that no direct rays therefrom are visible elsewhere on the lot where such illumination occurs.  If such shielding device is defective, such sign shall be deemed to be a directly illuminated sign.
 
   (c)   "Flashing sign" means an illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when in use.
 
   (d)   "Nonilluminated sign" means a sign which in not illuminated either directly or indirectly.
(Ord. 2717.  Passed 2-10-86.)
 

1375.06 PLACEMENT OF SIGNS; DEFINITIONS.

   (a)   "On-premises sign" means a sign which directs attention to an activity conducted on the same lot.
 
   (b)   "Off-premises sign" means a sign which directs attention to an activity not conducted on the same lot.
 
   (c)   "Advertising sign" means an off-premises sign which advertises or otherwise directs attention to a commodity, business, industry, home occupation or other similar activity which is sold, offered or conducted elsewhere than on the lot on which such sign is located.
 
   (d)   "Business sign" means an on-premises sign which directs attention to a business, commodity, service, industry or other activity which is sold, offered or conducted other than incidentally on the premises on which such sign is located or to which it is affixed.
 
   (e)   "Official sign" means a sign erected or installed by the State, County or Borough.
(Ord. 2717.  Passed 2-10-86.)
 

1375.07 TYPES OF SIGNS DEFINED.

   (a)   "Freestanding sign" means a self-supporting sign resting on the ground or supported by means of poles or standards in the ground.  The height of freestanding signs shall be measured from the official street grade to the top of the sign.
 
   (b)   "Parallel sign" means a sign mounted parallel to a wall or other vertical building surface.  Parallel signs shall not extend beyond the edge of any wall or other surface to which they are mounted or shall not project more that eight inches from it surface.
 
   (c)   "Projecting sign" means any sign mounted to a wall or other vertical building surface other than a parallel sign.  Projecting signs shall not extend beyond the edge of any wall or other surface to which they are mounted or in any way interfere with normal pedestrian or vehicular traffic.
 
   (d)   "Roof sign" means a sign erected on or above a roof or parapet of a building. 
(Ord. 2717.  Passed 2-10-86.)
 

1375.08 GENERAL REGULATIONS.

   (a)   Holiday Decorations.  Holiday decorations displayed for recognized federal or state holidays shall be exempted from the provisions of this Zoning Ordinance except as they may interfere with glare, traffic safety or in any other way become a public safety hazard.
 
   (b)   Maintenance.  All signs must be constructed of durable materials and must be kept in good condition and repair at all times.  Any sign which is allowed to become dilapidated shall be removed by the Borough at the expense of the owner of the property on which it is located.
 
   (c)   Nonconforming Sign.  Any sign existing at the time of the passage of this Zoning Ordinance that does not conform in use, location, height or size with the regulations of the district in which such sign is located shall be considered a nonconforming use and may continue in such use in its present location until replacement or rebuilding becomes necessary, at which time a zoning permit will be required and the sign brought into conformity with this Zoning Ordinance.
 
   (d)   Obstruction.  No sign shall be placed in such a position that it will cause danger on the street by obscuring the view.
 
   (e)   Official Signs.  No signs except those of a duly constituted governmental body, including traffic signs and similar regulatory notices, shall be allowed within street lines. 
 
   (f)   Permit Required. Except for official signs, all on-premises signs over six square feet in area and all off-premises signs regardless of size shall require the issuance of a building permit before erection or replacement.  All signs must comply with all of the regulations contained herein, regardless of whether a permit is required.
 
   (g)   Posting of Signs. No person shall paint, paste, brand, stamp or in any manner whatsoever place on or attach to any tree, telegraph, electric light or other pole on any street in the Borough any written, printed, painted or other advertisement, bill, notice, sign, card or poster.
 
   (h)   Prohibition.  Roof signs, flashing signs and festoon lighting shall not be permitted in any district.
 
   (i)   Separate Frontage.  If an establishment has walls fronting on two or more streets, the sign area for each street may be computed separately.
 
   (j)   Unsafe and Unlawful Signs.  If the Building Inspector finds that any sign regulated herein is unsafe or insecure or is a menace to the public or had been constructed or erected or is being maintained in violation of the provisions of this Zoning Ordinance, he shall give written notice to the permittee thereof.  If the permittee fails to remove or alter the sign so as to comply with the standards herein set forth within ten days after such notice, such sign may be removed or altered to comply by the Building Inspector at the expense of the owner of the property on which it is located.  The Building Inspector may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily and without notice.
 
   (k)   Vehicular Signs.  Any vehicle to which a sign is affixed in such a manner that the carrying of such sign or signs is no longer incidental to the vehicle's primary purpose, but becomes a primary purpose in itself, shall be considered a freestanding sign and, as such, be subject to the provisions regarding freestanding signs in the district in which such vehicle is located.
(Ord. 2717.  Passed 2-10-86.)
 
   (l)   Yard Requirements.  Any freestanding sign which has a clearance between the bottom edge of the sign face and the adjacent ground level of less than seven feet shall be located so that no part of the sign face is less than fifteen feet from the edge of the curb, or if there is no curb, from the edge of paving of any public or private street.  Such signs shall be located a minimum of fifteen feet from any other property line.
   All freestanding signs which have a clearance between the bottom edge of the sign face and the adjacent ground level of more than seven feet shall be located a minimum of ten feet from the curb, or if there is no curb, from the edge of paving of any public or private street and shall be located a minimum of ten feet from any other property line.
(Ord. 2942.  Passed 7-19-93.)
 
   (m)   Zoning Information.  No sign shall be erected containing information on which it states or implies that a property may be used for any purpose not permitted under the provisions of this Zoning Ordinance in the zoning district in which the property to which the sign relates is located. 
(Ord. 2717.  Passed 2-10-86.)
 

1375.09 RESIDENTIAL ON-PREMISES SIGNS.

   On-premises signs shall be parallel or freestanding.  Only the following on-premises signs shall be permitted:
   (a)   One nonilluminated sign advertising for sale agricultural produce raised on the premises, where such sale is permitted, not to exceed twelve square feet in area.
   (b)   Identification signs for schools, churches, hospitals, medical clinics or similar institutions, provided that the area on one side of such sign shall not exceed sixteen square feet; and identification signs for clubs, lodges, farms, estates or similar uses, provided that the area on one side of any such sign shall not exceed twelve square feet.
   (c)   Parallel, projecting and freestanding flags representing governmental, educational or religious organizations.
   (d)   One nonilluminated sign posted in conjunction with doorbells or mailboxes, provided the area of any such sign shall not exceed thirty-six square inches.
   (e)   One nonilluminated sign or indirectly illuminated sign displaying only the name and address of the occupant of a premises, provided the area of any such sign shall not exceed 200 square inches.
   (f)   One nonilluminated or indirectly illuminated home occupation identification sign containing only the name, address and occupation of the resident which shall not exceed two square feet in area.
   (g)   One nonilluminated or indirectly illuminated bulletin or announcement board or identification sign for a permitted nonresidential building or use, provided the area of any such sign shall not exceed twelve square feet.
   (h)   One nonilluminated or indirectly illuminated sign in connection with a lawfully maintained nonconforming use, provided the area of any such sign shall not exceed twelve square feet.
   (i)   One nonilluminated sign advertising the sale or rental of the premises on which the sign has been erected or one sign indicating that such premises have been sold or rented, provided the area of any such sign shall not exceed twelve square feet and shall be removed within twenty days after an agreement of rental has been entered into or legal title has been transferred.
   (j)   One temporary nonilluminated sign erected in connection with the development or proposed development of the premises by a builder, contractor, developer or other persons interested in such sales or development, provided the area of any such sign shall not exceed thirty-two square feet and shall be removed within twenty days after the last structure has been initially occupied or upon expiration of the building permit, whichever is sooner.
   (k)   Temporary nonilluminated signs of mechanics or artisans may be erected and maintained during the period such persons are performing work on the premises on which such signs are erected, provided such sign shall be removed upon completion of work by the mechanic or artisan and the total area of all such signs shall not exceed twelve square feet.
   (l)   Signs announcing no trespassing; signs indicating the private nature of a road, driveway or premises; and signs controlling fishing or hunting on the premises, provided the area of any such sign shall not exceed two square feet.
   (m)   Nonilluminated or indirectly illuminated memorial signs or historical signs or tablets.
      (Ord. 2717.  Passed 2-10-86.) 1994 Replacement
 

1375.10 RESIDENTIAL OFF-PREMISES SIGNS.

   Off-premises signs are not permitted in residential districts, except as follows:  (Signs permitted within this section may also be on-premises signs.)
   (a)   Signs necessary for the direction, regulation and control of traffic; street name signs; legal notices; warnings at railroad crossings and other official signs which are similarly authorized or erected by a duly constituted governmental body.  Such signs may be illuminated only as necessary or customary for traffic control or safety.
   (b)   Temporary nonilluminated signs directing persons to temporary exhibits, shows, events or proposed development located in the Borough may be erected, subject to the following requirements:
      (1)   Signs shall not exceed twelve square feet in area.
      (2)   A sign shall not be posted earlier than two weeks before the occurrence of the event to which it relates and must be removed within one week after the date of the exhibit, show or event.  When related to the proposed development, such sign must be removed immediately upon sale or rental of the final unit in such development.
      (3)   Street banners are prohibited, except in the case of civic or charitable nonprofit organizations.  When permitted, such banners are exempt from the size restrictions of subsection (b) hereof, but must fully comply with the time limits for display set forth in subparagraph (2) of subsection (b) hereof.
   (c)   Nonilluminated signs used for directing patrons, members or an audience to service clubs, churches or other nonprofit organizations, provided signs shall indicate only the name of the facility and the direction to the facility and shall not exceed twelve square feet in area.
      (Ord. 2717.  Passed 2-10-86.)
 

1375.11 RESIDENTIAL TYPES OF SIGNS.

   In residential districts, all signs must comply with the following requirements:
   (a)   Freestanding signs may not exceed six feet in height above grade level.
   (b)   Parallel signs or portions of such signs shall not be located above the ceiling of the ground floor of any building or more than twelve feet above the established grade, whichever is less.
      (Ord. 2717.  Passed 2-10-86.)
 

1375.12 COMMERCIAL ON-PREMISES SIGNS.

   No on-premises signs shall be permitted, except as follows:
   (a)   All signs permitted in Sections 1375.09 and 1375.11 at the standards prescribed therein, except as otherwise provided in this section.
   (b)   Parallel business signs are permitted, provided:
      (1)   The total area of all parallel signs for each establishment shall not exceed four square feet for each foot of length of the front building wall or length of that portion of such wall devoted to such establishment.
      (2)   If such establishment does not occupy any floor area on the ground level of the building other than an entryway, the maximum permitted sign area shall not exceed one square foot per foot of length of the front building wall or portion thereof.
      (3)   Signs painted on or affixed to the inside or outside of windows shall be included in this computation, if their combined area exceeds fifty percent (50%) of the area of the window which they occupy.
      (4)   In no case, however, may the total area of parallel signs exceed twenty-five percent (25%) of the area of the wall, including window, door area and cornices to which they are attached.
         (Ord. 2942.  Passed 7-19-93.)
   (c)   Freestanding business signs shall be permitted provided:
      (1)   Only one such sign shall be permitted on each property, except as provided in Section 1375.08(i).
      (2)   Freestanding signs mounted or otherwise affixed to the roof of a building shall not be permitted.
      (3)   A freestanding sign may be either one of the following types:
         A.   Pole sign: A freestanding sign which is supported by one or more poles, uprights or braces which are permanently affixed to the ground and which has a minimum clearance between the bottom edge of the sign and the adjacent ground level of at least seven feet.
         B.   Ground sign: A freestanding sign which is affixed to the ground by means of a permanent foundation and which provides a maximum clearance of eighteen inches between the bottom edge of the sign and the adjacent ground level.
      (4)   The maximum area of a freestanding pole sign shall be one square foot for each two feet of lot frontage or 150 square feet, whichever is smaller.
      (5)   The maximum area of a freestanding ground sign shall be thirty-two square feet.
      (6)   The maximum height of a freestanding pole sign shall not exceed twenty-two feet above the established grade nearest the sign.  The bottom edge of the freestanding pole sign shall be not less than seven feet from the established grade nearest the sign.
      (7)   The maximum height of a freestanding ground sign shall be four feet.  The bottom edge of the freestanding ground sign shall be no more than eighteen inches above the established grade underneath the sign.
      (8)   The yard requirements for freestanding ground signs and freestanding pole signs shall be as required by Section 1375.08(1).
         (Ord. 2942.  Passed 7-19-93.)
   (d)   Business signs may be nonilluminated, indirectly illuminated or directly illuminated.
      (Ord. 2717.  Passed 2-10-86.)
   (e)   Electronic reader boards also known as electronic message display.
      (1)   Definitions.
         A.   “Electronic message display” means a sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means.
         B.   “Dissolve” means a mode of message transition on an electronic message display accomplished by varying the light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second message.
         C.   “Fade” means a mode of message transition on an electronic message display accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.
         D.   “Frame” means a complete, static display screen on an electronic message display.
         E.   “Frame effect” means a visual effect on an electronic message display applied to a single frame to attract the attention of viewers.
         F.   “Scroll” means a mode of message transition on an electronic message display where the message appears to move vertically across the display surface.
         G.   “Transition” means a visual effect used on an electronic message display to change from one message to another.
         H.   “Travel” means a mode of message transition on an electronic message display where the message appears to move horizontally across the display surface.
      (2)   Electronic message displays may be permitted in the C-1 and C-2 zoning districts subject to the following requirements:
         A.   Operational limitations.  Such displays shall be limited to static displays, messages that appear or disappear from the display through dissolve, fade, travel or scroll modes, or similar transitions and frame effects that have text, animated graphics or images that appear to move or change in size, or be revealed sequentially rather than all at once.
         B.   Electronic message displays shall not exceed a maximum of thirty (30) square feet on each site.
            (Ord. 3465.  Passed 4-16-07.)
 
1375.13  COMMERCIAL OFF-PREMISES SIGNS.
   Off-premises signs are not permitted in commercial districts, except as follows:
   (a)   All off-premises signs permitted in Section 1375.10 and 1375.11 at the standards prescribed therein.
      (Ord. 2717.  Passed 2-10-86.)
   (b)   Billboards shall be permitted only in accordance with the provisions of Section 1375.16.
   (c)   All off premises signs less than 100 square feet, unless specifically authorized under Section 1375.10 are hereby prohibited.
      (Ord. 2853.  Passed 3-19-90.)
 

1375.14 INDUSTRIAL ON-PREMISES SIGNS.

   No on-premises signs shall be permitted in industrial districts, except as follows:
   (a)   All signs permitted in Sections 1375.09 and 1375.11 at the standards prescribed therein.
   (b)   Parallel business signs, subject to the following provisions:
      (1)   The total area of any parallel sign shall not exceed two square feet for each foot of length of the front building wall or length of that portion of such wall devoted to such establishment or 150 square feet, whichever is smaller.
      (2)   No parallel sign shall be painted on or affixed to the inside or outside of windows in such districts.
   (c)   Freestanding business signs, provided:
      (1)   The area of all such signs shall not exceed one square foot for each two feet of lot frontage or 150 square feet, whichever is smaller.
      (2)   The maximum height of freestanding business signs shall not exceed twenty-two feet above grade level.
   (d)   Business signs may be nonilluminated, indirectly illuminated or directly illuminated.
      (Ord. 2717.  Passed 2-10-86.)
 

1375.15 INDUSTRIAL OFF-PREMISES SIGNS.

   Off-premises signs are not permitted in industrial districts, except as follows:
   (a)   All off-premises signs permitted in Sections 1375.10 and 1375.11 at the standards prescribed therein.
      (Ord. 2717.  Passed 2-10-86.)
   (b)   Billboards shall be permitted only in accordance with the provisions of Section 1375.16.
   (c)   All of premises signs less than 100 square feet, unless specifically authorized under Section 1375.10 are hereby prohibited.
      (Ord. 2853.  Passed 3-19-90.)
 

1375.16 BILLBOARDS.

   Billboards shall be permitted only as a use by special exception when approved by the Zoning Hearing Board in accordance with the procedures and criteria contained in Section 1309.07 and provided all of the following requirements are met:
   (a)   Location.  Billboards shall only be permitted on Pennsylvania Route 48 (Jacks Run Road and Long Run Road) and on Lincoln Way to the East of its intersection with Route 48.  Billboards shall only be permitted on properties on these highways which are zoned C-2 or I-1 and which meet all of the following additional requirements:
      (1)   Billboards shall be located only on that portion of the property that lies within 200 feet of the centerline of the highway to which the billboard is oriented.
      (2)   Billboards shall not be located within 500 feet of the boundary line of an "R" Residential District or within 500 feet of the property line of any public or private school property, such 500 feet being measured along the same roadway frontage from the center-most point of the billboard structure along a line parallel to the centerline of the roadway to which the billboard is oriented.
      (3)   Billboards shall maintain a lateral minimum spacing between any existing or proposed billboard structure of 750 feet measured along both sides of the street.  Required spacing shall be measured from a point perpendicular to the center-most point of the billboard structure along a line parallel to the centerline of the roadway to which the billboard is oriented.
      (4)   The minimum front, side, and rear yard requirements applying to a principal use as set forth within the Zoning District in which the billboard is to be located shall apply to each billboard structure.
      (5)   The building coverage specified in the Zoning District shall apply to any lot upon which a billboard structure is located and shall be cumulative including any other structure and buildings on the same lot therewith.
      (6)   No billboard shall be erected in such a manner as to block the view from the road or street, of any existing business identification sign, residential or nonresidential structure, or limit or reduce the light and ventilation requirements under the Borough Building Code.
      (7)   No billboard shall be constructed within the clear sight triangle of the public street or road on which it is situated and shall not in any case obstruct or impede traffic safety.
      (8)   Billboards shall be freestanding and shall not be mounted on the roof, wall, or other part of a building or any other structure.
   (b)   Size and Height.  A billboard shall have a maximum allowable Gross Surface Area of 300 square feet per sign face, provided all of the following additional requirements are met:
      (1)   A billboard shall have no more than two sign faces per billboard structure; however, the gross surface area of each sign face shall not exceed the 300 square foot maximum.
      (2)   The billboard structure may have sign faces placed back to back or in a V-shaped configuration on a single billboard structure.
      (3)   The dimensions of the gross surface area of the billboard's sign face shall not exceed twenty feet in total height or sixty feet in total length.
      (4)   A billboard structure shall have a maximum height above the curb of the roadway from which it is intended to be viewed of forty feet.  However, the height of a billboard structure oriented to a depressed roadway shall be measured from the grade at the base of the billboard.
   (c)   Construction Methods.  Billboards shall be constructed in accordance with applicable provisions of the White Oak Borough Building Code and shall meet all of the following additional requirements.
      (1)   A billboard structure shall have a maximum of one vertical support being a maximum of three feet in diameter or width and without bracing or vertical supports.
      (2)   A billboard sign face shall be independently supported and have vertical supports of metal which are galvanized or otherwise treated to prevent rust and corrosion.
      (3)   The one vertical support shall be capable of enabling the entire sign face to be able to withstand a minimum sixty mile per hour wind load.
      (4)   The entire base of the billboard structure parallel to the sign face shall be permanently landscaped with suitable shrubbery and/or bushes of minimum height of three feet placed in such manner as to screen the foundation of the structure.
      (5)   Landscaping shall be maintained by the sign owner in an attractive and healthy manner in accordance with accepted conservation practices.
      (6)   Permanent landscaping shall form a base and/or backdrop to the billboard sign when practical in the opinion of the Zoning Officer.
      (7)   All curbs and grading shall be in accordance with Borough Ordinances.
      (8)   No bare cuts are permitted on a hillside.
      (9)   All cuts or fills are to be permanently seeded or planted.
      (10)   A billboard with display lighting shall be constructed so that it does not glare upon adjoining property and shall not exceed a maximum foot candle of 1.5 upon the adjoining property.
      (11)   No billboard structure, sign, face, or display lighting shall move, flash, or emit noise.  No display lighting shall cause distractions, confusion, nuisance or hazard to traffic, aircraft, or other properties.
      (12)   The use of colored lighting shall not be permitted.
   (d)   Maintenance.
      (1)   A billboard structure shall be entirely painted every three years.
      (2)   Every ten years, the owner of the billboard shall have a structural inspection made of the billboard by a qualified Pennsylvania Registered Engineer or Architect and shall provide to the Borough a certificate from the Engineer or Architect certifying that the billboard is structurally sound.
      (3)   Annual inspections of the billboard shall be conducted by the Borough to determine compliance or shall be removed within thirty days upon proper notification by the Borough.
      (4)   Billboards found to be in violation of this article shall be brought into compliance or removed within thirty days upon proper notification by the Borough.
      (5)   Billboards using removable paper or other materials shall be maintained in such condition as to eliminate loose or frayed material protruding or hanging from the structure.
   (e)   Permits. Prior to submission of an application for a Building Permit, the applicant for a billboard shall obtain and submit with the application, approvals from the County of Allegheny or the Pennsylvania Department of Transportation (PennDOT), when applicable.
   (f)   Application Fees.  The application shall be accompanied by an Application Fee in an amount equal to that set from time to time by Resolution of Borough Council.
(Ord. 2853.  Passed 3-19-90.)
 

1375.17 POLITICAL AND ELECTION SIGNS.

   No political or election sign shall be posted, placed or erected in the Borough of White Oak unless a license to do so is first obtained from the Borough in accordance with the following provisions of this section:
   (a)   The Borough Code Enforcement Officer may grant to any person who shall apply therefor in writing a license to engage in the posting or placement of political or election signs which license shall expire at the end of the election for which the same were posted or placed.
   (b)   Every person to whom a license may be granted to post or place political signs shall pay to the Borough for the use of the Borough, upon the receipt of the license, the sum of seventy-five dollar ($75.00) deposit, which deposit shall be returnable two weeks following the election, provided all the signs are removed to which the license applies.  Failure to remove such signs as posted or placed shall result in a forfeiture of the aforesaid deposit.  No signs shall be erected sooner than thirty days prior to any election.
      (1)   For local Borough candidates, said fee shall be paid and sign removal shall be by the candidate’s political party committee (e.g.) the White Oak Borough Democratic or Republican Committee).
      (2)   For non-local candidates the candidate shall be responsible for the payment of the fee and sign removal.
(Ord. 3173.  Passed 5-22-00.)
   (c)   From and after the passage of this section no person shall post or place any political or election signs whatsoever, whether printed matter, painting or any thing of any kind or nature whatsoever, upon any fire alarm, telegraph, telephone or electric light pole or on any public property or building within the limits of the Borough.  No political or election signs shall be posted or placed on any private property without first having obtained the consent of the owner so to do.
   (d)   Any person now exhibiting political or election signs in violation of this section, shall remove the same within ten days notice so to do, or same will be removed by the Borough.
   (e)   The word “person” in this section shall mean any person, firm, partnership, committee, association or corporation. 
      (Ord. 3132.  Passed 9-20-99; Ord. 3173.  Passed 5-22-00.)
 

1375.18 POSTING OF ADDRESS NUMBERS.

   (a)   The owners of all buildings and dwellings whether residential, commercial or industrial located within the Borough of White Oak that are not currently identified, are required to post the proper address numbers properly identifying said structures as per the requirements set forth below within sixty (60) days of the enactment of this section.
 
   (b)   Address numbers shall consist of an illuminated, reflective or otherwise clearly visible material not less than three (3) inches in height and not less than one-quarter (1/4) inch wide stroke.  Said numbers shall contrast with their background.
 
   (c)   Placement.  Said identification numbers must be posted in a place where they are clearly visible from the street to which the building is addressed and must be posted in at least one of the following locations:
      (1)   On or within three feet of either side of the door facing the street to which the building or dwelling is addressed.
      (2)   On both sides of the mailbox or mailbox post.
      (3)   On a post, sign or similar object erected clearly in the front yard or to the side of the driveway servicing said building or dwelling.  Said address numbers shall be no more than seven (7) feet above the ground and shall be no less than three (3) feet above the ground.
      (4)   Such other location as determined by the Code Enforcement Officer.
 
   (d)   In the event that a private driveway serves more than one building, the address numbers of all buildings served by the driveway shall be displayed at the driveway entrance, in addition to being posted at each structure. 
(Ord. 3467.  Passed 3-19-07.)
 
 

APPENDIX A EXAMPLE 1 45 o Parking - All Districts

 
 
 
 

APPENDIX A EXAMPLE 2 90 o Parking - All Districts

 
 
 
 

APPENDIX A EXAMPLE 3 60 o Parking - All Districts

 
 
 
 

APPENDIX B APPLICATION FOR GRADING, CLEARING, EXCAVATING AND FILLING PERMIT