The following standards shall apply to all uses in the C1, C2,
C3, I1 and I2 Districts. All conditional uses and uses by special
exception in all districts shall comply with the requirements of this
section. In order to determine whether a proposed use will conform
to the requirements of this chapter, the Board of Supervisors or Zoning
Hearing Board may require a qualified consultant to testify, whose
cost for services shall be borne by the applicant.
A.
Fire protection. Fire protection and fire-fighting equipment acceptable
to the Board of Fire Underwriters shall be readily available when
any activity involving the handling or storage of flammable or explosive
materials is carried on.
B.
Electrical disturbance. No activity shall cause any electrical disturbance
which adversely affects radio or other electrical equipment in the
vicinity.
C.
Noise. No operation or activity shall cause or create sound levels,
measured at the lot line of the site upon which the source of the
sound is located, in excess of the values in any octave of frequency
prescribed in Table 1, below, or as described in Table 1, below, or
as described in Table 1 and modified by the correction factors set
forth in Table 2. The sound pressure level shall be measured with
a sound level meter and an associated octave band analyzer conforming
to standards prescribed by the American Standards Association.
|
Table 1
Maximum Permissible Sound Pressure Levels Measured re
002 dyne per CM2
| ||
|---|---|---|
|
Frequency Band
(cycles per second)
|
Decibels
| |
|
20 to 75
|
74
| |
|
75 to 150
|
62
| |
|
150 to 300
|
57
| |
|
300 to 600
|
51
| |
|
600 to 1,200
|
47
| |
|
1,200 to 2,400
|
42
| |
|
2,400 to 4,800
|
38
| |
|
4,800 to 10,000
|
35
| |
|
Table 2
Correction Factors
| |||
|---|---|---|---|
|
Condition
|
Correction
(in decibels)
| ||
|
On the site contiguous to or across a street from the boundary
of any R District
|
Minus 5
| ||
|
Operation between the hours of 10:00 p.m. and 7:00 a.m.
|
Minus 5
| ||
|
Sound of impulsive character (e.g., hammering)
|
Minus 5
| ||
|
Sound of periodic character (e.g., hum or screech)
|
Minus 5
| ||
|
Sound sources operate less than:
| |||
|
20% in any one-hour period
|
Plus 51
| ||
|
5% in any one-hour period
|
Plus 101
| ||
|
1% in any one-hour period
|
Plus 151
| ||
|
NOTE:
| ||
|---|---|---|
|
1
|
Apply only one of these corrections.
| |
D.
Vibrations. No vibration at any time shall produce an acceleration
of more than 0.1g, nor shall it result in any combination of amplitudes
and frequencies on any structure beyond "safe" range of Table 7, United
States Bureau of Mines Bulletin No. 442, entitled "Seismic Effects
of Quarry Blasting." The methods and equations of said Bulletin No.
442 shall be used to compute all values for the enforcement of this
section.
E.
Odors. There shall be no emission of odorous gas or any other odorous
material in such quantity as to be offensive beyond the boundaries
of the site of such emission. There is hereby established as a guide
in determining such quantities of offensive odors in Table III (Odor
Thresholds) in Chapter 5, "Air Pollution Abatement Manual," copyright
1951 by Manufacturing Chemists Association, Inc., Washington, DC,
as amended.
F.
Smoke. There shall be no emission into the atmosphere from any operation
of visible gray smoke of a shade darker than No. 2 of the Ringlemann
Smoke Chart, as published by the United States Bureau of Mines, except
that visible gray smoke of a shade not darker than No. 3 of such chart
may be emitted for not more than four minutes in any period of 30
minutes. These provisions applicable to visible gray smoke shall also
apply to visible smoke of any other color with an apparent opacity.
Where the density of the light obstructing capacity of the smoke as
observed falls between two consecutive Ringlemann numbers, the lower
number shall be considered the density of the smoke observed.
G.
Ash, dust, fumes, vapors and gases. There shall be no emission of
ash, dust, dirt, fumes, vapors or gases into the atmosphere from any
source to any extent that could cause any damage to the public health,
to animals or vegetation or to other forms of property, or which could
cause any excessive soiling at any point In no event shall there be
any such emission of solid or liquid particles in concentrations exceeding
0.3 grain per cubic foot of the conveying gas or air, nor of acid
gases in excess of 0.2% by volume. All federal and state regulatory
requirements re. emissions, including, but not limited to, limitations
and monitoring requirements shall be met. For measurement of the amount
of particles in gases resulting from combustion, standard correction
shall be applied to stack temperatures of 500° F. and 50% excess
air.
H.
Glare. Lighting devices which produce objectionable direct or reflected
glare on adjoining properties or thoroughfares shall not be permitted.
I.
Radioactivity. There shall be no radioactive emission that would
be dangerous to public health as determined by the regulations of
the Pennsylvania Department of Environmental Protection (PADEP) or
any federal regulatory agency.
J.
Erosion. No erosion by wind or water shall be permitted which will
carry objectionable substances onto neighboring properties.
K.
Water pollution. Water pollution shall be subject to the standards
established by the PADEP.
L.
Determination of compliance with performance standards. During the
review of an application for zoning approval, the applicant may be
required to submit data and evidence documenting that the proposed
activity, facility or use will comply with the provisions of this
section. In reviewing such documentation, the Township may seek the
assistance of any public agency having jurisdiction or interest in
the particular issues and the Township may seek advice from a qualified
technical expert. All costs of the expert's review and report
shall be paid by the applicant. A negative report by the technical
expert and the applicant's refusal or inability to make alterations
to ensure compliance with this section shall be a basis for denying
approval of the application.
M.
Continuing enforcement. The Zoning Officer shall investigate any purported violation of the performance standards and, subject to the approval of the Board of Supervisors, may employ qualified technical experts to assist in the determination of the violation. Costs of the services of such experts shall be paid by the owner or operator of the facility or use accused of the violations if the facility or use is found to be in violation. If the facility or use is found to be in compliance with the performance standards, said costs shall be borne by the Township. If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation by the Zoning Officer in accordance with § 250-157 of this chapter and a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this chapter and shall result in the revocation of the occupancy permit for the facility or use.
A.
Composition of buffer yards. When required by Subsection B, buffer yards shall be provided which meet the following standards:
(1)
No structure or uses, including, but not limited to, buildings, accessory
structures, parking spaces and lighting devices, shall be located
within any required buffer yard. Recreational facilities and stormwater
management facilities may be located in required buffer yards. Access
drives are permitted only in the buffer yards which separate a proposed
development from a street.
(2)
Each row of planting required for a buffer yard shall consist of
a mixture of 30% deciduous trees and 70% evergreen trees. The trees
shall be placed within the row and the rows shall be staggered, measured
from the vertical center lines of adjacent trees, in the manner shown
on the drawings in Appendix A.[1] The size of the required trees shall be in accordance with Subsection F, below.
[1]
Editor's Note: Appendix A is included at the end of this
chapter.
(3)
The required trees in a buffer yard shall be supplemented by a continuous
low-level screen which shall be a minimum of three feet in height
and comprised of a combination of hedges, bushes and landscaped earthen
mounds.
(4)
The depth of each buffer yard and the plantings required for each
buffer yard shall be as follows:
(a)
Buffer Yard A. Buffer Yard A shall be 35 feet in depth, measured
from the property line, and shall be comprised of two rows of plantings
with trees spaced within the row 10 feet apart. The two rows shall
be staggered so that adjacent trees in the two rows shall be no more
than five feet apart.
(b)
Buffer Yard B. Buffer Yard B shall be 25 feet in depth, measured
from the property line, and shall be comprised of one row of plantings
with trees spaced within the row 10 feet apart.
(c)
Buffer Yard C. Buffer Yard C shall be 10 feet in depth, measured
from the property line, and shall be comprised of one row of plantings
with trees spaced within the row 10 feet apart.
(d)
Buffer Yard D. Buffer Yard D shall be five feet in depth, measured
from the property line, and shall be comprised of one row of plantings
with trees spaced 10 feet apart.
B.
Buffer yard requirements. Buffer Yards A, B, C and D, as defined in Subsection A, above, shall be required in the following circumstances:
(1)
Buffer Yard A shall be provided in the following circumstances:
(b)
Between any property in an I1 or I2 District and any property
zoned R1, R2 or R3.
(c)
Between any property containing a planned shopping center or
planned office center and any property zoned R1, R2 or R3.
(d)
Between that area of a planned residential development (PRD)
containing townhouses and/or garden apartments and any property zoned
R1, R2 or R3.
(e)
Between any property containing a planned shopping center or
planned office center and any property zoned R1, R2 or R3.
(f)
Between any planned retirement complex containing multiunit
apartment complexes and any property zoned R1, R2 or R3.
(2)
Buffer Yard B shall be provided in the following circumstances:
(b)
Between any property in a C1, C2 or C3 District developed for
any use other than a planned shopping center or planned office center
and any property zoned R1, R2 or R3.
(c)
Between that area of a planned residential development (PRD)
containing single-family dwellings and/or two-family dwellings and
any property zoned R1, R2 or R3.
(3)
Buffer Yard C shall be provided in the following circumstances:
C.
Conflict between buffer yard and yard requirements. When the width of a required buffer yard is in conflict with the minimum yard requirements of Articles IV through XII, the greater distance shall apply. The buffer yard planting requirements shall be adhered to regardless of what the yard requirement is.
D.
Existing structure in buffer yards. In instances where an existing structure houses the principal use of the property and is located within any required buffer yard, a buffer yard of not less than the minimum distance from the existing structure to the property line shall be required. This reduced buffer yard width shall apply only to the yard area which the existing structure encroaches upon. If the existing structure is located within the required buffer yard on one side of the building, the required buffer yard as determined by Subsection A shall apply on all other yard areas. All planting requirements shall be adhered to regardless of the buffer yard width.
E.
Existing trees in buffer yards. Where trees already exist within
the required buffer yard, these trees shall remain undisturbed, except
that diseased or dead material may be removed. If it is determined
that some healthy trees must be removed in conjunction with development,
a written request to remove such trees must be submitted to the Township,
along with an explanation detailing the rationale for the request.
These trees shall not be removed until the Township has given written
authorization permitting this. This permission will not be unreasonably
denied; however, those who violate this section shall be subject to
the maximum penalties authorized by this chapter. When any trees,
regardless of their physical condition, are removed, they shall be
replaced by trees suitable to the environment. All such replacement
planting shall be accomplished within one year of removal and shall
be installed in accordance with accepted Westmoreland County conservation
practices.
F.
Size of trees required in buffer yards. Any existing trees within
the required buffer yard which are a minimum of four inches in diameter
at a point one foot above the ground shall be preserved and shall
count as a required tree within the buffer yard. At no point, however,
shall any existing trees and required trees be separated at a distance
greater than the distance specified in the required buffer yard. All
trees required to be planted within the buffer yard shall be a minimum
of two inches in diameter at a point one foot above the ground measured
along the trunk of the planted tree, which tree shall be planted in
accordance with accepted Westmoreland County conservation practices.
All required trees shall be a minimum of six feet in height at the
time of planting measured from the ground adjacent to the planted
tree to the top of the tree.
G.
Responsibility for maintenance. It shall be the responsibility of
the owner/applicant to assure the continued growth of all required
landscaping and/or to replace the same in the event of frost, vandalism,
disease or other reasons for the discontinued growth of the required
trees, shrubs and bushes.
H.
Stormwater management facilities in buffer yards. Stormwater management
facilities and structures may be maintained within a buffer yard,
but the existence of such facilities or structures shall not be a
basis for a failure to meet the planting requirements.
I.
Landscaping open areas. All yard areas not utilized for parking facilities,
driveways, gardens, the planting of trees or shrubs, flower, vegetable
or herb beds or similar uses must be seeded, sodded or landscaped
within a reasonable period of time. The phrase "a reasonable period
of time" shall be interpreted to be within two weeks after construction
activities are completed and an application for occupancy permit has
been submitted, unless those activities are completed in the time
period between November 1 through April 1. In such case, the required
sodding or seeding must occur within two weeks of April 1.
J.
Landscaping specifications. Landscaping shall be provided in accordance
with the following specifications:
(1)
Planting required in buffer yards, as outlined in Subsection A, cannot be substituted for any required planting in this section.
(2)
A landscaping plan, with detailed drawings, must be submitted
prior to building permit application, and this landscaping plan must
contain and show the following information:
(a)
All required buffer yards with proposed plantings (identifying
each proposed tree, bush or shrub) drawn to scale and identifying
the height and width of any proposed mounds.
(b)
All required planting independent of any buffer yard requirements
(identifying each tree, bush, shrub, the use of sod or seeding, etc.),
drawn to scale.
(d)
Any existing trees or vegetation which are to be preserved,
accurately identifying their relative location.
(e)
Any existing trees or vegetation which will be removed, accurately
identifying their relative location.
(3)
At least one deciduous tree must be planted for each 1,000 square
feet of total floor area contained in the first floor of the building
in conjunction with any nonresidential development.
(4)
At least one deciduous tree must be planted for each dwelling
unit in conjunction with any multifamily development.
(5)
All trees which are required to be planted as per the regulations
of this section shall be a minimum of two inches in diameter at a
point one foot above the ground at the time of planting, measured
along the trunk of the planted tree, which tree shall be planted in
accordance with accepted Westmoreland County conservation practices.
(6)
In conjunction with the development of property for any use,
the applicant shall show that the removal of any trees or natural
vegetation is necessary for the imminent and orderly development of
the property. "Imminent development" shall be considered to be development
which is reasonably expected to commence, and for which there are
realistic plans to commence, within 30 days of the removal of trees
or vegetation and for which a land development plan and landscaping
plan have been submitted and approved by the Township. Once commenced,
development shall be diligently pursued on a standard workweek basis
(minimum eight hours per day and 40 hours per week utilizing five
days on and two days off).
(7)
Any existing trees which are not disturbed and are not located
within a required buffer yard and are a minimum of four inches in
diameter at a point one foot above the ground shall count toward the
required number of trees to be planted outside of the buffer yard.
(8)
In parking areas containing more than 20 spaces, at least 5%
of the interior parking area shall be landscaped with plantings, and
one tree for each 10 spaces shall be installed.
(9)
Whenever an open parking area abuts a public street, a planting
strip, at least five feet in depth, planted and maintained with shrubbery,
trees or other landscape or decorative materials, shall be installed
across the entire frontage of the property in order to prohibit vehicle
access, except at approved ingress and egress points.
The following regulations shall apply in all zoning districts.
An application for approval of a land development plan shall contain
adequate information regarding natural and finished slopes on the
site to show compliance with these regulations. Any portion of any
lot which has a natural or finished slope in excess of 25% shall be
considered a steep slope and shall be subject to these regulations.
A.
Natural slopes in excess of 40% shall not be disturbed by grading,
construction or removal of vegetation, other than the removal of dead
or diseased trees or other vegetation. All applications shall be accompanied
by a certification from a registered civil engineer that slopes in
excess of 40% shall not be disturbed, in accordance with this subsection.
B.
Natural slopes in excess of 25%, but less than 40%, may be altered, provided that the alteration is performed in compliance with the Allegheny Township Excavation Ordinance (Chapter 107 of the Code of the Township). Any application which proposes cutting or filling of natural slopes which are in excess of 25% shall be accompanied by a geotechnical report and a certification by a registered professional soils engineer regarding the feasibility of the proposed grading, the stability of the finished slopes, measures to mitigate landslides, soil erosion, sedimentation and stormwater management and potential impacts on adjacent properties. The consultant selected to prepare the geotechnical report shall have credentials acceptable to the Township, and the cost of preparation of the report shall be borne by the applicant. Restoration of slopes after grading shall comply with Subsection G, below.
C.
Natural slopes or finished slopes after grading that are less than
25% may be utilized for any authorized use in the zoning district
in which they are located. Natural slopes or finished slopes after
grading which are in excess of 25% shall be used only for the following
uses:
(1)
Parks or other public or private outdoor recreation, if authorized
in the zoning district.
(2)
Permanent open space and/or required buffer yards.
(3)
Agriculture, tree farming or forestry, if authorized in the
zoning district.
(4)
Single-family dwellings, if authorized in the zoning district, provided that the required minimum lot area per dwelling unit shall comply with Subsection D and that the natural slope in the area where the structure is proposed is less than 40% and all alteration of the natural slope for construction of the dwelling complies with Subsection A.
(5)
Driveways serving single-family dwellings, provided that they
shall not exceed a slope of 16%.
D.
Only 50% of the total area of any lot which has natural slopes or
finished slopes in excess of 25% shall be included in any calculation
of the minimum lot area, maximum lot coverage or maximum dwelling
unit density required in the zoning district in which the property
is located.
E.
Any request for a variance to the requirements of this section governing steep slopes or any construction or grading on land which has a slope area in excess of 25% authorized by Subsection B shall be accompanied by a statement from a registered civil engineer certifying the feasibility of the proposed construction and/or grading and the precautions recommended to protect foundations, preserve watersheds and protect soil stability. A certification of the structural integrity of the foundation shall be provided by the same registered engineer upon completion of the foundation.
F.
Where evidence exists of undermining, strip mining, landslide-prone
soils or other geologic hazards on the site, a geologic report by
a qualified registered professional soils engineer regarding soils
and subsurface conditions and the probable measures needed to be considered
in the design of the development, site grading, location of structures
and design of foundations, if any, shall be submitted with the application.
G.
Restoration of all slopes from which cover has been removed shall be finished and seeded within a reasonable time of such clearance activity. The phrase "a reasonable time" shall be interpreted to mean within 30 days after grading and/or construction activities are completed, unless those activities are completed between November 1 and April 1. In such cases, the required sodding or seeding shall occur within 30 days of April 1. In all cases, erosion and sedimentation control measures shall be maintained on the site until replacement of cover can be accomplished. In the case where natural cover has been removed incidental to imminent development, the finishing and seeding shall not be required until grading and construction are completed. "Imminent development" shall mean the development which is reasonably expected to commence based on approved plans and permits within 30 days of the clearing and grubbing of the site. Once commenced, development shall be diligently pursued on a standard workweek basis (minimum eight hours per day and 40 hours per week utilizing five days on and two days off.) In all cases where replacement of cover cannot be accomplished immediately upon completion of clearance activities, erosion and sedimentation control measures required by the Township Excavation Ordinance (Chapter 107 of the Code of the Township) during clearance and construction shall be maintained on the site until the replacement of cover can be accomplished.
In addition to the yard requirements specified in each zoning
district, the following yard requirements shall apply in all zoning
districts to the applicable circumstances described below:
A.
Corner lots. Corner lots shall provide front yards on each street
frontage. The remaining two yards shall constitute side yards no matter
what the configuration of the lot may be.
C.
Accessory structures. In all zoning districts the following regulations
shall apply to accessory structures:
(1)
Private swimming pools accessory to a dwelling.
(a)
Swimming pools accessory to a dwelling shall be located at least
15 feet from any property line. Swimming pools shall not be permitted
in the front yard, except that on properties which have a lot area
of 1 1/2 acres or more where the dwelling is set back further
than the minimum required front yard, a swimming pool may be located
in the portion of the front yard between the minimum required building
setback line and the face of the dwelling. All swimming pools and
the equipment necessary for maintaining the pool shall be completely
enclosed by a fence which is at least four feet in height and which
has a self-closing self-latching gate. The dwelling may constitute
a part of the required enclosure.
(b)
An aboveground swimming pool, the top of which is at least four feet above the adjacent ground level on the entire perimeter and which has removable or retractable steps, shall not be required to be fenced, provided that the steps are removed or retracted when the pool is not in use. Any aboveground swimming pool with a fixed stairway which has a minimum four-foot-high fence with a self-closing, self-latching gate around a deck at the top of the pool shall not be required to be fenced. All other aboveground swimming pools shall be fenced in accordance with the requirements of this Subsection C(1).
(2)
Private tennis courts accessory to a dwelling. Tennis courts
accessory to a dwelling shall be located only in a rear yard and shall
be no closer to the side or rear property line than 20 feet. If lighting
is proposed, the lighting shall be shielded so that it does not reflect
on any adjoining property. All tennis courts shall be enclosed by
a fence which is a minimum of 10 feet in height and a maximum of 12
feet in height on the ends and a minimum of three feet in height and
a maximum of 12 feet in height on the sides and which shall contain
openings equal to 50% or more of the surface area of the fence.
(3)
Fences.
(a)
On farms in excess of 25 acres in any zoning district, farm
fences shall be exempt from height and locational requirements and
shall not be subject to any requirement to obtain a permit. Barbed-wire
fences and electrical fences are prohibited in R2 Districts except
where the property owner is actively engaged in farming practices
or the fence is used for the containment of animals. In residential
zoning districts, fences no greater than eight feet in height shall
be permitted in the required rear or side yards.
(b)
(Reserved)
(c)
In residential zoning districts, fences which contain openings
equal to at least 75% of the gross square footage of the entire area
involved as determined by multiplying height (at the highest point)
times length (at the longest point) and which are not more than four
feet in height shall be permitted in the required front yard, provided
that they are decorative and do not enclose the entire front yard.
(d)
In C Commercial Districts, the maximum height of a fence shall
be 10 feet. Fences in C Commercial Districts shall contain openings
which are at least 50% of the surface area of the fence, unless an
opaque screening fence is otherwise required by this chapter.
(e)
In the I Industrial Districts, the maximum height of a fence
shall be 12 feet. Fences in I Industrial Districts shall contain openings
which are at least 50% of the surface area of the fence, unless an
opaque fence is otherwise required by this chapter.
(f)
In all zoning districts, fences may be built up to the property
line.
(g)
In an R2 Zoning District, fences shall be exempt from height
and locational requirements and shall not be subject to any requirement
to obtain a permit. In addition, any type of fence may be erected,
except for barbed-wire fences and electrical fences, as they may only
be erected where the property owner is actively engaged in farming
practices or the fence is used for the containment of animals.
(4)
Fences, walls and buffer areas. All walls, fences and buffer
areas or landscaping material shall be located so as not to obstruct
pedestrian access, visibility for traffic on adjacent streets or traffic
entering or leaving the property or adjacent properties.
(5)
Satellite dish antennas. Only one satellite dish antenna shall
be permitted on a residential lot. In all zoning districts, satellite
dish antennas shall not be permitted in front yards. In residential
zoning districts, the maximum diameter of any satellite dish antenna
installed on any lot or on any roof or above any building shall be
12 feet. In zoning districts other than residential, the maximum diameter
of any satellite dish antenna installed on any lot or on any roof
or above any building shall not exceed 20 feet. In all zoning districts,
the maximum height of any freestanding satellite dish antenna shall
be 20 feet. In all zoning districts, no part of any satellite dish
antenna shall be located closer than 15 feet to any property line.
(6)
Radio or television antennas. A radio or television antenna
shall be permitted as an accessory use, subject to the following requirements:
(a)
A radio or televisions antenna structure may be mounted on a
roof or installed in a rear yard area only, provided that no such
structure shall be located within 20 feet of any property line.
(b)
The maximum height for such structure may exceed the maximum
height requirement of the zoning district, but in no case shall it
exceed 100 feet. Any structure which exceeds the maximum height requirements
of the zoning district shall provide increased yard clearances of
one foot for each two feet of structure above the maximum height requirement
of the zoning district in which the structure is located. If placed
on a roof, any antenna exceeding eight feet shall be mounted with
guide wires.
(c)
Any such structure shall comply with applicable Westmoreland
County Airport Zoning and Federal Communications Commission regulations.
(d)
Radio or television structures located on the ground shall be
screened from adjacent properties by evergreen trees or other suitable
material, as approved by the Township.
(7)
Structures accessory to industrial uses. In the I1 Light Manufacturing
District, no accessory structure to an industrial or warehousing use
shall be permitted in a front yard. Accessory structures shall be
permitted in a side or rear yard, provided that they shall be located
at least 20 feet from the side or rear lot line.
(8)
Canopies and similar structures. Canopies and similar permanent
freestanding roofed structures without walls shall be permitted to
cover outdoor seasonal display areas accessory to authorized uses
in the C Commercial and I Industrial Districts, provided that:
(a)
Such structure may be attached to the principal building;
(b)
Such structure shall be located at least 10 feet from any property
line or street right-of-way;
(c)
Such structure shall not be enclosed; and
(d)
Such structure shall be removed immediately once the principal
use or the use of the accessory structure is discontinued.
(9)
All other accessory structures. All other accessory structures
shall not be permitted in the required front yard or required side
yards and shall be located at least 15 feet from the rear lot line.
All other accessory structures shall be located at least 10 feet from
any principal building, except that a detached garage may be connected
to the principal building by contiguous walls, breezeways or similar
connections.
The following shall be permitted to project into any required
yard in any zoning district as follows:
A.
Typical architectural features, including, but not limited to, bay
windows, window sills, cornices and eaves, shall be permitted to project
into required side yards no more than 24 inches. Decks and unenclosed
porches without enclosed habitable foundation and without a roof shall
be permitted to project into the required front yard and required
rear yard no more than 10 feet.
B.
Steps and open fire escapes shall be permitted to project into required
side yards no more than 36 inches.
The height limitations of this chapter shall not apply to the
following structures: church spires, chimneys, elevator bulkheads
and other mechanical equipment which is part of the principal structure,
conveyors, flagpoles, silos, standpipes, elevated water tanks, derricks,
public utility structures and other structures not intended for human
habitation which do not exceed the maximum height permitted in the
zoning district by more than 15 feet.
Agricultural uses shall comply with the following requirements:
A.
Farm buildings, other than a dwelling, shall not be erected within
75 feet of an adjoining property line.
B.
Feed lots, runs, pens and similar intensively used facilities for
animal raising and care, excluding pasture and grazing areas, shall
not be located within 300 feet of any property line of adjoining property
in different ownership.
C.
Animal holding areas for poultry and swine shall not be located within
300 feet of any property line of adjoining property in different ownership.
D.
Roadside stands for sale of agricultural products shall be permitted,
provided that all of the following requirements are met:
(1)
Roadside stands shall be located only on private property which
is zoned R2 or on private property on any farm which is a legal nonconforming
use in the R1 District.
(2)
Roadside stands shall be located at least 35 feet back from
the nearest edge of any roadway surface.
(3)
The roadside stand shall be located so that traffic can circulate
into and out of the property without creating a hazard and without
the need for vehicles to back onto the public street.
(4)
Parking spaces shall be provided off the public street right-of-way.
(5)
If a seasonal roadside stand is utilized for the sale of farm
products, the seasonal roadside stand shall not be installed prior
to May 1 of each year and the stand shall be removed upon completion
of the growing season of the products offered for sale, but in no
case shall removal occur later than December 31 of each year.
(6)
Two temporary nonilluminated signs shall be permitted to announce
the sale of farm products, provided that the surface area of the sign
shall not exceed 12 square feet and the sign shall be located on property
zoned R2 or a legal nonconforming use in R1 where the roadside stand
is located and shall not be located in any public street right-of-way.
E.
Retail farm stores for the sale of agricultural products and related
goods shall be permitted, provided that all of the following requirements
are met:
(1)
Retail farm stores shall be located on private property which
is zoned R2 or on private property on any farm which is a legal nonconforming
use in the R1 District.
(2)
Retail farm stores shall be located at least 35 feet back from
the nearest edge of any roadway surface.
(3)
The retail farm store shall be located so that the traffic can
circulate into and out of the property without creating a hazard and
without the need for vehicles to back onto the public street.
(4)
Parking spaces shall be provided off the public street right-of-way.
(5)
The merchandise sold at any retail farm store shall be predominantly
agricultural, some of which must be grown on the farmer's property
and may include, but is not limited to, fruits, vegetables, horticulture,
floriculture, arboriculture, apiary, meat, poultry/eggs, dairy, deli,
baked goods, canned goods, woolens, etc.
F.
Farm processing buildings shall be permitted, provided that all of
the following requirements are met:
(1)
Farm processing buildings shall be located only on private property
which is zoned R2 or on private property on any farm which is a legal
nonconforming use in the R1 District.
(2)
Farm processing buildings shall be located at least 35 feet
back from the nearest edge of any roadway surface.
(3)
The roadside stand shall be located so that traffic can circulate
into and out of the property without creating a hazard and without
the need for vehicles to back onto the public street.
(4)
Parking spaces shall be provided off the public street right-of-way.
In the R2 District, a private stable or hobby farm for personal
use and enjoyment shall be permitted on a tract of land which does
not meet the acreage requirements for a farm, as defined by the following
requirements:
A.
Hobby farms may include any of the activities encompassed by agriculture,
as defined by this chapter. The hobby farm shall be restricted to
personal use and enjoyment and any sale of animals or produce shall
not constitute the principal economic activity of the residents of
the hobby farm.
B.
The number of animals maintained on any farm, if any, shall be reasonably
related to the size of the property, the area available for grazing
and the capacity of the land to sustain the animals without creating
a nuisance.
C.
No stable or other buildings in which animals are kept or manure
is stored shall be located within 75 feet of any property line or
within 100 feet of any occupied dwelling, other than the owner's
dwelling.
D.
Any landowner who maintains animals or fowl on the property shall
not permit litter and droppings from the animals or fowl to collect
so as to result in the presence of fly larvae or objectionable odors
or runoff.
E.
If animals are kept, the area of the property used for grazing shall
be adequately fenced to properly enclose the animals and to protect
adjacent properties.
Temporary construction trailers or sheds shall be permitted
in any zoning district subject to the following conditions:
A.
Temporary construction trailers or sheds shall be permitted only
during the period that the construction work is in progress. A permit
for the temporary structure shall be obtained from the Zoning Officer
prior to the commencement of construction and shall be renewed every
six months.
B.
Temporary construction trailers or sheds shall be located on the
lot on which the construction is progressing and shall not be located
within 25 feet of any property line adjoining residential use.
C.
Temporary construction trailers or sheds shall be used only as temporary
field offices and for storage of incidental equipment and supplies
and shall not be used for any dwelling use whatsoever.
D.
No combustible materials shall be stored in temporary construction
trailers or sheds.
Temporary dwellings for use by a landowner during construction
of a new dwelling or as accessory housing for elderly or handicapped
relatives of the landowner may be approved by the Zoning Officer,
if the following criteria are met:
A.
The temporary dwelling shall be located at least 25 feet from any
property line.
B.
The use of a temporary dwelling during the construction of a permanent
dwelling shall be limited to the duration of the building permit for
the permanent dwelling. Once an occupancy permit has been issued for
the permanent dwelling, the temporary dwelling shall be removed.
C.
A temporary dwelling which is used during the construction of a permanent
dwelling shall be located on the same property for which the building
permit is issued for the permanent dwelling.
D.
A temporary dwelling shall only be approved provided that a valid
building permit has been issued for a permanent dwelling. If the construction
of the permanent dwelling is not commenced within six months of the
issuance of the building permit and is not diligently pursued, the
Zoning Officer shall revoke the permit for use of the temporary dwelling.
E.
The foundation or basement of the permanent dwelling shall not be
used as a temporary dwelling while the permanent dwelling is under
construction, unless the foundation or basement is finished to a safe,
sanitary and habitable condition, including the proper functioning
of all necessary utilities and construction of the balance of the
dwelling is being diligently pursued.
F.
Any mobile home which is used as a temporary dwelling during construction
of a permanent dwelling shall be placed on suitable supports so that
the unit will be level and free from structural damage, shall be anchored
to prevent overturning or lateral movement caused by wind forces and
shall be skirted with complete enclosure of compatible design and
material which provides adequate ventilation to inhibit the formation
of moisture and decay.
G.
A temporary dwelling shall have an approved method of sewage treatment
and shall have an adequate supply of potable water.
H.
In the R2 District, a temporary dwelling may be authorized as a second
dwelling on the lot for accessory housing of elderly or handicapped
relatives of the owners of the lot, provided that the following criteria
are met:
(1)
The minimum area of the lot shall be one acre.
(2)
The second dwelling shall not be located in any required side
or front yard.
(3)
Once the need for the temporary dwelling to house elderly or
handicapped relatives ceases, the temporary dwelling shall be removed,
unless the property is subdivided into two conforming lots in accordance
with the requirements of the Township Subdivision and Land Development
Ordinance[1] to accommodate the two dwellings.
(4)
Any mobile home which is used as a temporary dwelling shall
be placed on suitable supports so that the unit will be level and
free from structural damage, shall be anchored to prevent overturning
or lateral movement caused by wind forces and shall be skirted with
a complete enclosure of compatible design and material which provides
adequate ventilation to inhibit the formation of moisture and decay.
(5)
Conversion of a portion of the permanent dwelling or an accessory
structure on the same lot to a temporary dwelling unit shall be permitted,
provided that the temporary dwelling unit shall not be leased to nonrelatives
of the landowner.
I.
In approving a permit for a temporary dwelling, the Zoning Officer
may establish reasonable time limits on the use of the temporary dwelling
and may attach any other reasonable conditions to the permit to protect
the public health, safety and welfare.
A.
Except for nurseries, garden supply, building supply and similar
businesses which require outside storage of materials, storage and
display of materials outside a completely enclosed structure shall
not be permitted. In the case of nurseries, garden supply, building
supply and similar businesses, outside display and storage areas shall
be completely enclosed by a security fence and shall be screened by
an opaque fence or hedge which is at least six feet in height.
B.
In the I1 District, any material or equipment stored outside an enclosed
building shall be incidental to the principal use of the lot and shall
be stored to the rear of the building or an alternative location which
screens the storage area from the public view from the street. If
existing buildings do not screen the storage area from public view
from the street, the area shall be screened by a hedge or opaque fence
at least six feet in height.
C.
All organic rubbish and discarded materials shall be contained in
tight, verminproof containers which shall be screened from public
view by an opaque fence or hedge which is at least six feet in height.
A.
Access to all commercial and industrial uses shall be designed to
minimize the number of points of access to arterial and collector
streets. Any site which contains two or more buildings shall be designed
to encourage the use of common driveways to control access to arterial
and collector streets.
B.
Properties which have less than 400 feet of frontage on an arterial
or collector street shall have only one point of access to that arterial
or collector street. Properties which have more than 400 feet of frontage
on an arterial or collector street shall have only one point of access
to that arterial or collector street for each 400 feet of street frontage.
C.
Ingress, egress and internal traffic circulation on the site shall
be designed to minimize congestion, ensure safety and provide adequate
accessibility to all buildings for fire-fighting equipment and emergency
vehicles.
Any authorized use which proposes drive-in facilities shall
comply with all of the following regulations:
A.
Any drive-in facility shall be located on property which has frontage
on and vehicular access to an arterial or collector street, as defined
by this chapter.
B.
In addition to the parking spaces required for the principal use,
a minimum of five standing spaces, in tandem, with a total length
of 100 feet, in direct line with each window or stall, shall be provided
for vehicles to wait in line. The standing spaces shall not interfere
with the use of any required parking spaces and shall not inhibit
the free flow of traffic on the site. The standing spaces shall be
designed so that waiting vehicles shall not stand in any right-of-way
or overflow onto adjacent properties, streets or berms.
C.
Entrances, exits and standing areas shall be adequately indicated
with pavement markings and/or directional signs.
D.
Parking areas and circulation patterns shall be adequately striped
and marked to facilitate traffic circulation on the site.
E.
Any drive-in facility which proposes a canopy or similar protective structure shall further be subject to § 250-115C(8) of this chapter.
The Board of Supervisors and/or the Planning Commission may
mandate that a traffic study be performed where an application proposes:
A.
Any residential use development of more than 20 family dwelling units
and any commercial or industrial use or development that directly
feeds into the following major traffic arteries: Route 56; Route 356;
Melwood Road; Hyde Park Road; School Road; Finnin Road; South Leechburg
Hill; Shearsburg Road; other roads as sewage and water are extended.
B.
For all applications which propose an increase in square footage of the existing gross floor area of 10% or more in any C1, C2, C3 or I1 or I2 District as per Subsection A.
D.
Where a traffic study is required, it shall be prepared by a qualified traffic engineer detailing the nature and extent of trip generation expected to result from the proposed development or expansion based on the ratios and methodology contained in the current edition of the Manual of the Institute of Transportation Engineers. The report shall include current and projected capacities and levels of all streets and intersections (Subsection A) within 1,000 feet of the site proposed for development and recommendations for improvements to streets and/or traffic control devices within the site or immediately adjacent to the site.
I.
Maximum height: in accordance with the applicable zoning district
regulations.
