The minimum lot, yard and height requirements of Article III shall prevail in all cases, except as follows:
A.
Existing nonconforming lots. In any district where
a vacant nonconforming lot exists as a separate entity at the time
of passage of this chapter and where the owner of the nonconforming
lot does not own an adjoining lot, then the following development
is permitted:
(1)
If the lot is located in a residential zoning district
or in any district in which a single-family dwelling is listed as
a permitted use, then a single-family dwelling, including any attached
permitted accessory use, may be constructed on it as a permitted use,
subject to the requirements shown on Schedule IV following this page,[1] except that the minimum distance between principal structures
on the same lot or on adjoining lots shall not be less than 11 feet.
Accessory structures which are not attached to the principal structure
may be built up to three feet to any side lot line or not less than
eight feet from the rear lot line, provided that such accessory structures
are not located closer than 10 feet from any principal structure.
[1]
Editor's Note: Schedule IV is included at the end of this chapter.
(2)
If the lot is located in any remaining nonresidential
zoning district, then a structure not exceeding two stories in height
may be constructed on it for a use permitted in the district in which
it is located, as shown on Schedule I,[2] provided that the off-street parking and loading requirements
of this chapter shall be complied with and that the front, side and
rear yards are not reduced by more than one-third (1/3) of the requirements
of Schedule II.[3]
[2]
Editor's Note: Schedule I is included at the end of this chapter.
[3]
Editor's Note: Schedule II is included at the end of this chapter.
(5)
Any such nonconforming lot not served with private
or public water or sewer facilities shall provide an adequate on-lot
or alternate facility which complies with PADER and City regulations.
B.
Height limitations. District height limitations for
church spires, cupolas and domes, monuments, water towers, chimneys,
smokestacks, antennas, farm structures, silos and flag poles may be
increased by five feet. Required utility and radio and television
station transmitting or receiving towers which are permitted under
the requirements of this chapter may exceed the district height limitations
by 35 feet.
C.
Front yard exception. When an unimproved lot is situated
between two improved lots, each having a principal building within
25 feet of the side lot line of the unimproved lot, and where the
lot is not located on a major state or federal highway, then the required
front yard may be reduced to a depth equal to that of the greater
front yard of the two adjoining lots; provided, however, that it may
not be reduced to below 15 feet.
D.
Projections into yards. Projections into required yards may be permitted as follows, except that no such projection shall be located closer than five feet to any side lot line or 10 feet to any rear lot line or 20 feet to any front lot line, except as may be provided for in § 236-17A for existing nonconforming lots:
(1)
Fire escapes, uncovered stairs and landings, canopies,
eaves or other architectural features not required for structural
support may project into the required side, front or rear yard not
more than a total of three feet.
(3)
Patios may be located in the required yard area, not
closer than the following to any property line, except that patios
constructed on existing nonconforming lots may line up with and be
as wide as the principal structure on the lot.
E.
Changes to conforming uses and buildings. Any conforming
use or building may be repaired, maintained, restored or rebuilt up
to the same dimensions existing at the time that this 1993 Comprehensive
Zoning Chapter of the City of New Kensington was adopted. Any enlargement
of a structure which houses an existing conforming use on the same
lot must comply in all respects with the regulations of this chapter.
A.
Two or more buildings on a lot. Two or more principal
buildings located on a parcel in single ownership shall conform to
all the requirements of this chapter which would normally apply to
each building if each were on a separate lot.
B.
Through lots. Where a single lot under individual ownership extends from one street to another parallel or nearly parallel street or alley, the Planning Commission shall decide which street will be considered as the front street. No principal structure shall be erected on any portion of a lot which does not have primary access from an improved public street, except as specified in Subsections A and C.
C.
Lots fronting on an alley. Individual lots existing
at the effective date of this chapter fronting on an alley shall comply
with all the requirements of this chapter and the district in which
said lots are located, except that no principal structure shall derive
its primary or only access from an alley.
D.
Corner lots shall maintain a front yard along each
street frontage. The remaining yards shall be side yards. There shall
be no rear yard required on a corner lot.
[Amended 9-11-2006 by Ord. No. 2-06]
E.
Obstruction to vision. No obstruction to vision, as
defined herein, shall be planted, constructed or maintained in the
vicinity of any street intersection or driveway entrance or on a corner
lot which creates potential vehicular safety hazards.
A.
Accessory structures. All accessory structures, unless otherwise provided for in this chapter, shall conform with the minimum yard regulations established in Article III, except for nonconforming lots as set forth in § 236-17A and except as permitted below:
(1)
Unattached structures accessory to residential buildings.
Structures accessory to residential buildings which are not attached
to a principal structure shall not be higher than 20 feet or two stories
and may be erected within the required rear and side yards of the
lot, provided that they conform with the following:
(a)
Distance from side lot line: not less than eight feet from the side lot line, except in the case of corner lots where the side yard as specified in § 236-18D shall be maintained.
(b)
Distance from rear lot line: not less than eight
feet from the rear lot line.
(c)
Distance from principal structure: not less
than 10 feet from a principal structure.
(2)
Unattached structures accessory to nonresidential
buildings. Such accessory structures shall comply with front, side
and rear yard requirements for the principal structure.
B.
No-impact home-based businesses are authorized as a permitted accessory use subject to the provisions of Use Class 8 in § 236-14-I(2). Home occupations are authorized as a special exception use subject to the provisions of Use Class 8a in § 236-15B(1).
[Amended 9-11-2006 by Ord. No. 2-06]
C.
Home gardening, nurseries and greenhouses. Home gardening
and accessory structures used for nurseries or as greenhouses are
permitted in residential areas, provided that they shall not include
the outdoor storage of equipment and supplies, and provided that such
activities shall not constitute a commercial operation except in compliance
with the provisions for home occupations set forth above.
D.
Private outdoor swimming pools. A single private outdoor
swimming pool is permitted as an accessory use to a residential structure,
provided that such swimming pool is for the private use of the residents
of the dwelling unit or for their guests. Such a pool may be located
within the required rear or side yards for the district in which the
pool is to be located, except that no portion of the body of water
in the pool shall be located closer to the property line than 10 feet,
or five feet if located on a nonconforming lot, and no portion of
any walk or accessory pool appurtenances surrounding the body of water
shall be closer than five feet to any property line.
(1)
All pools shall be surrounded and enclosed by a four-foot
high fence or wall structurally suitable to deter direct access to
the body of water in the pool. Such a fence or wall shall not have
openings, holes or gaps therein larger than four inches in width or,
if larger than four inches in width, no larger than four inches in
length, except for doors or gates; provided, however, that if a picket
fence is erected or maintained, the horizontal dimension between pickets
shall not exceed four inches; provided, further, that a dwelling house
or accessory building may be used as a part of such a fence or wall;
and provided, further, that existing hedges which effectively screen
and deter access to the pool may be used as such enclosure or a part
or parts thereof with the written approval of the Zoning Officer.
The Zoning Officer may approve such existing hedges which substantially
comply with the above requirements.
(2)
All gates or doors opening through such an enclosure
shall be equipped with a self-closing and self-latching device designed
to keep and capable of keeping such door or gate securely closed at
all times when not in actual use; provided, however, that the door
of any dwelling occupied by human beings and forming any part of the
enclosure hereinabove required need not be so equipped.
(3)
Fences shall be constructed of weather-resistive materials
and shall be assembled or fabricated with sufficient rigidity to prevent
any substantial alteration or deformation of the lawful openings,
holes or gaps.
(4)
The sides of a pool constructed above the ground level
shall be considered to meet the requirements for a fence preventing
direct access to the pool, provided that such sides of the pool are
at least four feet high; and provided, further, that any stairs, steps
or ladders used to reach the water surface of the pool shall be removable
or capable of being folded up or secured in a way which will prevent
their use when the pool is not in operation by the residents of the
property or their guests.
(5)
Any pool whose body of water is closer than six feet
to a property line shall be shielded by a six-foot high privacy fence,
hedge or other suitable visual obstruction where required to ensure
privacy for the adjoining property as determined by the Zoning Officer.
Such a privacy fence may also serve as the fence required to deter
direct access to the body of water as required herein if it conforms
with the other requirements of this section.
E.
Fences, walls and planting materials.
(1)
General requirements. Any person, corporation, firm
or association intending to erect a fence shall, before work is commenced,
make application to the Zoning Officer as required below and by this
chapter, and no work on such a fence shall be commenced before receipt
of a permit from the Zoning Officer.
(a)
Fences may be either a natural living fence or a fabricated materials fence, as defined in Article I.
(b)
Well-maintained and safe trees, shrubs or hedges
and other appropriate plant material, which do not constitute a natural
living fence, as defined herein, and which are designed to enhance
the liability and attractiveness of any lot, may be located in any
yard or court, provided that they do not encroach on adjoining properties
or uses.
(2)
Location of fences. Fences may be located up to the
property line in front, rear or side yards and no closer than one
foot from any sidewalk or right-of-way which is open for use by the
general public.
(3)
Height of fences. The height of all fences shall be
as set forth in the table below:
[Amended 9-11-2006 by Ord. No. 2-06]
|
Maximum Heighta
(feet)
Located on Parcels Used Predominantly
For:
| |||
|---|---|---|---|
|
Type of Fence and Location
|
Residential or Open Space Use
|
Nonresidential or Resort Use
| |
|
Fabricated materials fence
Located in:
| |||
|
Front yard
|
4
|
6
| |
|
Side yard
|
6
|
6
| |
|
Rear yard
|
6
|
6
| |
|
Natural living fence
| |||
|
Located in:
| |||
|
Front yard
|
4
|
8
| |
|
Side yard
|
6
|
8
| |
|
Rear yard
|
10
|
12
| |
|
NOTES:
a Special situations
requiring security, complete prevention of access or the provision
of buffers to protect adjoining uses may have a higher fence if approved
by the Zoning Hearing Board. The Board shall determine that such additional
height is necessary to meet these objectives and also to protect the
public safety and general welfare and shall not adversely affect adjoining
properties. In such cases, the Board may require that the fence be
setback from the property line to preventing adverse effect on adjoining
properties. If approved by the Zoning Hearing Board, fences which
are eight feet high or over may also be topped with special restrictive
devices where necessary to prevent access and provide security, provided
that the Zoning Board shall deem such devices to be safe and substantially
free from accident exposure.
| ||
(5)
Removal of unsafe or nuisance fences. Any fence which
obstructs vision, as defined herein, or which impedes vehicular or
pedestrian traffic or which causes a fire hazard, restricts safe access,
unduly restricts light or air and/or affects public or traffic safety
or which creates a nuisance, as defined under § 236-20E(1),
shall be removed. The Zoning Officer shall have the authority to direct
the removal of such unsafe or nuisance fences or to direct the trimming
or modification of any natural living fence or of any other vegetation
so as to eliminate the unsafe or nuisance conditions.
(6)
Swimming pool fences. Private outdoor swimming pools shall be protected with a fence as set forth in § 236-19D above.
(7)
Fence materials and construction.
(a)
All fences shall be designed and constructed
to serve as permanent fences which are solidly constructed and which
are capable of resisting the effects of weather and which are permanently
affixed in place, except as provided below.
(b)
The following fences or fencing materials are
specifically prohibited:
[1]
Barbed-wire fence, unless specifically reviewed
and approved by the Zoning Hearing Board and where the Board determines
such fences are safe and substantially free from accident exposure.
[2]
Picket or pointed fences which are less than
36 inches in height.
[3]
Canvas fences.
[4]
Cloth fences.
[5]
Electrically charged fences.
[6]
Poultry fences.
[7]
Turkey wire.
[8]
Temporary fences such as snow fences and expandable
fences and collapsible fences, except when needed to meet emergency
conditions or during construction of a building.
(c)
All chain link fences erected shall be erected
with the closed loop at the top of the fence.
(d)
All entrances or gates shall open into the property.
(e)
All fences or walls must be erected so as not
to encroach upon a public right-of-way or easement.
(f)
If the fence is wood cover on wood frame, the
framework must face onto the interior of the lot, unless the fence
is so designated as to provide equal frame and cover area to adjoining
yards.
(g)
If the fence is open metal mesh supported by
posts and frames of either pipe or wood, the posts and frames must
be on the interior of the mesh.
(h)
If the fence is of masonry construction, a finished
surface must be provided on the exterior side.
(8)
Application for fence.
(a)
All applicants for permits to construct a fence shall make application for a permit for a permitted use, as required under Article V, and shall include with said application a plan or sketch showing the proposed location of the fence and the materials to be used, including sufficient information to determine conformance with the requirements of this chapter.
(b)
The applicant shall submit a narrative statement
and location plan explaining the need and reason for the proposed
fence.
Any legal nonconforming use or structure may
be continued, repaired, maintained and improved except as provided
below. An application for such changes shall be submitted to the Zoning
Officer.
A.
Enlargement. Such nonconforming use or structure may
not be enlarged more than 40% of the existing floor or ground area
except for junkyards, which may not be enlarged. Such enlargement
shall not exceed the maximum height or maximum building coverage requirements
set forth in Schedule II[1] for the district in which such nonconforming use is located.
[1]
Editor's Note: Schedule II is included at the end of this chapter.
B.
Restoration. If no more than 75% (measured by its
total floor area or use on a lot) of an existing nonconforming use
or structure is damaged or destroyed, then a permit for its restoration
may be obtained if such application is filed within 180 days of the
initial damage or destruction and restoration is completed within
24 months of the issuance of the permit.
C.
Discontinuance. No such use or structure may be reestablished
after it has been discontinued or vacated for a period of 18 months.
Also, a nonconforming use or structure, when razed or removed from
premises, shall not be relocated except in conformity with the regulations
of the district to which it is moved.
D.
Change of use.
(1)
A nonconforming use or structure may be changed to
another nonconforming use or structure only if such use is listed
in the same use class subcategory in which the nonconforming use or
structure is first listed, as set forth in this section. A permit
for such a change may be approved by the Zoning Officer, provided
that the Zoning Officer shall determine that the following conditions
which are generated by the proposed use are not greater than those
generated by the existing nonconforming use at any time for a period
of two years prior to the proposed change:
(a)
Number of employees.
(b)
Amount of employee and visitor parking required.
(c)
Number of commercial vehicles serving the proposed
use and number of such vehicles to be parked at the premises or vicinity
of the use.
(d)
Traffic volumes and congestion to be generated.
(e)
Adverse environmental effects generated by the
proposed use.
(2)
A proposed change to a nonconforming use which is
not listed in the same use class subcategory as required above shall
be considered to be a conditional use, subject to review and action
by the Planning Commission and the Council as required in this chapter.
In such cases, the Council may approve such change only if it determines
that the change is equal or more appropriate to the character of the
district and neighborhood in which it is located. Such a determination
shall be based on a consideration of the same factors listed above
for consideration by the Zoning Officer.
E.
Off-street parking. Sufficient off-street parking spaces shall be provided, as set forth in § 236-21, to serve any proposed expansion permitted by Subsection A.
[Amended 9-11-2006 by Ord. No. 2-06[2]]
[2]
Editor's Note: This ordinance deleted former
Subsection E, Termination, and redesignated former Subsection F as
E.
A.
Because of the availability of metered on-street parking
spaces and public parking lots in the C-3 District, off-street parking
shall not be required for uses in the C-3 District. In all other zoning
districts, off-street parking shall be provided as set forth in Schedule
V whenever any building is erected, enlarged or converted. Such spaces
shall have an area of at least 180 square feet exclusive of access
drives or aisles and shall have adequate and well-designed ingress
and egress and shall be located on the same lot as the use to which
they are accessory or within a radius of 400 feet in the same district
or in an adjoining district when approved by the Council. Said Schedule
V shall apply only to any new construction, new uses or to the enlarged
section of any addition which may be approved by the City after the
effective date of this chapter.
[Amended 9-11-2006 by Ord. No. 2-06[1]]
[1]
Editor's Note: This ordinance also deleted
former Subsection B, Off-street parking for home occupations, and
former Subsection F, pertaining submission of plans for reduction
in parking space requirements, and redesignated former Subsections
C through E as B through D.
B.
Off-street loading. Every commercial, industrial,
resort or other building which requires the receipt or distribution
by vehicles or materials or merchandise shall provide one off-street
loading space for each 10,000 square feet of gross building ground
floor area or part thereof, and each such space shall be at least
400 square feet in area. Said loading spaces shall apply only to any
new construction, new uses or to the enlarged section of any addition
which may be approved by the City after the effective date of this
chapter.
C.
Development of parking and loading spaces. All off-street
parking and loading areas shall conform with the following:
(1)
Off-street parking and loading spaces may be developed on any required side, front or rear yard, except that such spaces located in the residential districts shall have landscaping setbacks of at least five feet from any street on which they abut and at least two feet from any side or rear yard lot line on which they abut. Such spaces shall be properly designed in relation to adjoining uses and/or buildings. Adequate barriers shall be provided to protect buildings and sidewalks, and screening shall be provided as required in § 236-25A.
(2)
All required parking and loading spaces shall be surfaced
with durable bituminous or concrete paving material and shall be properly
graded and drained to dispose of all surface water, except that the
Zoning Hearing Board, in accordance with the special exception use
procedure set forth in this chapter, may permit a reduction in the
number of parking spaces to be paved if the applicant demonstrates
that the full number of spaces as required herein will not be necessary
to serve the proposed use for a period of five years. Such a reduction
in the number of paved parking spaces required shall not relieve the
applicant from the submission of an overall plan for the parking lot
which designates the total number of parking spaces as required by
Schedule V.[2] Said plan shall indicate those spaces which are to be
paved for immediate use and those which are reserved for potential
use as required by the Zoning Hearing Board.
[2]
Editor's Note: Schedule V is included at the end of this chapter.
(3)
They shall be arranged and marked for the orderly
and safe movement, loading, parking and storage of vehicles and shall
be adequately illuminated if designed for use by more than three cars
after dusk.
(4)
Exit and entrance driveways or access points shall
be approved by the City Council and shall be at least 20 feet wide
for two-way driveways and 16 feet wide for one-way driveways and shall
not exceed 40 feet in width and, wherever practical, shall not occupy
the full length of the streets, alleys or other right-of-way from
which they derive their access, but shall be limited to well-defined
points and shall be so designed to provide maximum safety for other
adjoining or nearby uses. This subsection applies only to nonresidential
uses.
D.
Off-street parking in residential areas. On any lot
used for residential purposes in a residential district, only one
commercial vehicle may be garaged on such a lot, and said vehicle
shall be housed in an enclosed garage.
A.
Scope and applicability.
(1)
Signs may be erected, altered, maintained, used, removed
or moved only in compliance with the provisions of this section and
with any other applicable City regulations.
(2)
A zoning permit shall be required prior to the erection
or alteration of any such sign, except that changes in the copy of
any sign or official governmental signs shall not require such a permit.
(3)
Any existing signs which do not conform with the provisions
of this section shall not be altered or enlarged unless approved as
a special exception.
B.
General sign regulations.
(1)
No sign shall be erected which states that a property
may be used for any purpose not permitted by this Zoning Chapter.
(2)
Signs referring to a use or product no longer in existence
or available shall be removed within six months after cessation of
the original use.
(3)
No sign shall be located or used in a manner that
interferes with traffic on a street by causing glare, an obstruction
to vision, as defined herein, by causing confusion with traffic control
devices or through other means.
(4)
Illuminated signs adjoining or visible from nearby
residential areas shall be shielded to protect adverse effects or
nuisances upon nearby dwellings.
(5)
An awning, with or without graphics and visual displays, shall not be considered to be a sign under this chapter, but shall be subject to the applicable accessory use requirements of §§ 236-17 and 236-19, except that all awnings which project over any public right-of-way or private area shall be subject to the requirements of Subsection C(3).
(6)
No part of any sign, except for an official governmental
sign, shall be located within the official right-of-way of any street
or alley unless specifically permitted herein.
(7)
Any vehicle to which a sign is attached in such a
manner that the sign is no longer incidental to the vehicle's primary
purpose shall be considered to be a freestanding sign, subject to
the sign provisions for the zoning district in which the sign is located.
(8)
Every sign shall be constructed of durable materials
and shall be kept in good condition and repair.
(9)
An electronic changeable copy sign or a portion of
an authorized sign that indicates time and temperature may be permitted
in any zoning district except R-1, R-2 and R-3, upon review by the
Planning Commission. In reviewing the proposed sign, the Planning
Commission shall consider the following:
[Amended 9-11-2006 by Ord. No. 2-06]
(a)
The length of time that the message remains
stationary and the potential for distracting drivers' attention based
on the length of time that the message remains stationary, whether
the message is proposed to scroll, the location of the sign, the speed
limit on the adjacent street and the traffic volume on the adjacent
street.
(b)
The number of lines of text proposed and the
size of the letters.
(c)
The contrast between the color of the background
and the color of the message and the intensity of the lighting.
(d)
The distance between the proposed sign and the
next existing electronic changeable copy sign located on the same
street.
(e)
The size of the proposed sign in relation to
the size of the site on which it is to be located.
(f)
Whether the sign is intended for advertising
a business or providing community service messages.
(g)
Any other factors that may impact the safety
of the motoring public.
C.
Location, height and projection of signs.
(1)
Location of signs. Unless otherwise provided for herein,
all signs may be located in any required yard area and may be freestanding
or attached to a building or other permanent feature on the site,
excluding fences located closer than five feet to side yard property
lines.
(2)
Height limitations. Signs shall not exceed the following
height limitations:
(a)
Signs accessory to uses located in the OS-1,
OS-2, R-2, R-3 and R-4 Zoning Districts and signs located in the OS-3
steep slopes area shall not exceed 10 feet in height.
[Amended 1-13-2003 by Ord. No. 1-03]
(b)
Signs accessory to uses located in the C-1,
C-2, and C-3 Zoning Districts shall not exceed 35 feet in height and
signs located in the OS-3 valley area shall not exceed 25 feet in
height.
[Amended 1-13-2003 by Ord. No. 1-03]
(c)
No sign may be attached to a building in a manner
which allows it to exceed the roof height of the building.
(3)
Projection of signs.
(a)
No sign erected or replaced after the effective
date of this chapter shall project more than one foot over a public
sidewalk or street right-of-way unless specifically approved by the
City Council.
(b)
Signs which project over private areas shall
conform with other applicable City requirements and shall be approved
by the Council, but in all cases shall be at least 10 feet above the
level of any area used for pedestrian or vehicular traffic.
(c)
Signs attached parallel to the building which
project more than 12 inches from the face of the building shall be
at least eight feet above the ground level.
(d)
The owners of all signs and awnings which project
over any public right-of-way shall provide insurance in an amount
specified by the Zoning Officer sufficient to hold the City harmless
in the event of any damage to life or property caused by such a sign
in the public right-of-way.
D.
Type of signs permitted in zoning districts. The size
and type of signs permitted in the various zoning districts are set
forth below:
(1)
OS-1, OS-2, R-1, R-2, R-3 and R-4 Zoning Districts. No signs of any type are permitted in the R-1 District, except those set forth in Subsection D(2)(b) of this section.
(2)
The following signs are permitted in the OS-1, OS-2,
R-2, R-3 and R-4 Zoning Districts and the OS-3 steep slope and valley
areas:
[Amended 1-13-2003 by Ord. No. 1-03]
(a)
A simple name plate sign containing the name,
address, professional or home occupation activity of the occupant
of the premises is permitted. Such sign shall not be illuminated or
be constructed of highly reflective materials and shall not exceed
one square foot in area. Such signs shall be attached to the building
to which they pertain.
(b)
A single identification sign or bulletin board,
not exceeding 12 square feet in area, is permitted in connection with
any church, school, college, hospital, institution, park, playground
or other similar public or semipublic use. Such signs may be attached
to the building to which they pertain and shall not be located within
five feet of all lot lines or facilities to which they pertain if
they are freestanding signs.
(c)
A single identification sign attached to the
building to which it pertains and not exceeding 10 square feet in
area is permitted for any legally existing nonconforming use.
(d)
Any business or identification sign applicable
to an approved special exception or conditional use, not exceeding
12 square feet in area, which is specifically approved by the Board
or Council.
(3)
OS-3 Valley Area and the C-1 and I-1 Zoning Districts.
The following signs are permitted in the OS-3 Valley Area and the
C-1 and I-1 Zoning Districts:
[Amended 1-13-2003 by Ord. No. 1-03]
(a)
Business or identification signs are permitted which direct attention to a business, profession, product, service, activity, use or entertainment sold or offered on the premises where such a sign is located. The total area of such a sign or signs shall not exceed 10% of the surface of the building facade or of the wall area on which the sign is mounted or to which the sign pertains, except as provided for in Subsection D(5) below.
(b)
A single identification sign or bulletin board,
not exceeding 24 square feet in area, is permitted in connection with
any church, school, college, hospital, institution, park, playground
or other similar public or semipublic use.
(c)
A single identification sign, not exceeding
24 square feet in area, is permitted for any legally existing nonconforming
use.
(4)
C-2, C-3 and I-2 Zoning Districts. The following signs
are permitted in the C-2, C-3 and I-2 Zoning Districts:
(a)
Any sign permitted in the C-1 and I-1 Zoning
District.
(b)
Advertising signs or billboards which direct
attention to a business, product, service, activity, use or entertainment
not conducted, sold or offered upon the premises where such sign is
located. Advertising signs shall not be closer to each other than
100 feet.
(5)
The total square foot area of all signs located on any single parcel under the provisions of Subsections D(3) and (4) above shall not exceed two square feet for every one linear foot of lot width having frontage on a public street, provided that on corner lots only the longest dimension may be used, except that in the OS-3 Valley Area, the maximum total square footage of all signs in Subsections D(3) and (4) shall not exceed one square foot of frontage for every one linear foot of lot width having frontage on a public street.
[Amended 1-13-2003 by Ord. No. 1-03]
E.
Design of signs. Wherever possible, the applicant
for any sign shall consider the following design principles for the
purpose of establishing a coherent and attractive visual appearance
for the area in which the sign is located:
(1)
The height, size and general appearance of signs shall
be consistent in appearance and shall be of uniform height and layout
and harmonious with other adjoining signs located within 300 feet
of the parcel.
(2)
Signs shall be visible from the street to both pedestrians
and vehicular passengers.
(3)
Signs shall not be designed to block the visibility
of other adjoining signs and wherever possible shall be attached flat
or parallel to the building to which they pertain and shall not project
out more than 12 inches from the face of the building.
(4)
Freestanding signs shall be set back from the property
lines and shall be consistent and harmonious with the size of the
structure to which they pertain and shall not detract from the visibility
or appearance of any adjoining structures.
(5)
Advertising signs and billboards shall not dominate
the view of the structures located within 500 feet of such signs.
F.
Prohibited signs. The following signs are prohibited
in all districts:
(1)
Signs which in any way simulate official governmental
signs that are not concerned with the protection of the public health
and safety.
(2)
Banners, spinners, flags, pennants or any moving object
used for commercial advertising purposes, whether containing a message
or not.
(3)
Attention-getting devices, including searchlights,
balloons or representations of products, vehicles, equipment or other
advertising images or ornamentation designed or used for the purpose
of promoting, advertising or attracting attention.
[Amended 9-11-2006 by Ord. No. 2-06]
(4)
Inflatable devices.
[Added 9-11-2006 by Ord. No. 2-06]
(5)
Signs that imitate traffic-control devices.
[Added 9-11-2006 by Ord. No. 2-06]
(6)
Signs painted on walls or chimneys of a building or
on chimneys or on fences or walls.
[Added 9-11-2006 by Ord. No. 2-06]
(7)
Signs affixed to vehicles and/or trailers which are
parked on private property and are visible from the public right-of-way
where the apparent purpose is to advertise a product or direct people
to a business or activity located on the same or nearby property,
but not including vehicles stored on the site of a business temporarily
either overnight or during business hours or vehicles parked at any
location for maintenance, repair, loading, unloading or rendering
a service.
[Added 9-11-2006 by Ord. No. 2-06]
G.
Temporary signs. Temporary signs not exceeding six
square feet for the sale or rental of individual properties and not
exceeding 24 square feet for identifying residential developments,
developers, contractors and/or realtors are permitted in all districts
while property is under construction or offered for sale or rental.
Such signs shall be removed within 10 days of the date of the final
sale or rental of the property.
H.
Sexually oriented establishments signs.
[Added 11-9-1999 by Ord. No. 4-99]
(1)
No sign for a sexually oriented establishment shall
contain photographs, silhouettes, drawings or pictorial representations
of any manner.
(2)
Signs for sexually oriented establishments shall contain
only the name of the establishment and shall be limited in size to
no more than 18 square feet in area, attached flat to the building,
and shall not protrude above the height of the building. Such signs
may be illuminated for visability but shall not be flashing or multicolored.
(3)
Each entrance to the premises shall also be posted
with a notice specifying that persons under the age of 18 years of
age are not permitted to enter therein and warning all other persons
that they may be offended upon entry.
(4)
Signs visible from the public right-of-way or parking
area that advertise adult films, motion pictures, videocassettes,
video representation, slides or other visual representations are prohibited.
I.
Signs
in overlay districts.
[Added 8-1-2022 by Ord. No. 3-22]
(1)
Procedures.
(a)
No sign or permanent external advertising display of any kind or
for any purpose shall be erected or altered in the overlay districts
until an application for a permit to make such erection or alteration
has been reviewed by the Planning Commission, a certificate of appropriateness
issued and a sign permit granted, except that the Code Enforcement
Officer may issue permits for minor sign changes without referral
to the full Commission. However, he/she shall keep records of any
permits issued for minor sign changes and shall report these to the
Commission at its next meeting for inclusion in the minutes.
(b)
No sign or permanent external advertising display of any kind
shall be erected, altered or used in the overlay districts except
for advertising informing the public of a service, business, occupation
or profession carried on in or about the property on which such sign
or permanent external advertising display appears.
(2)
Standards.
(a)
In considering appropriateness of proposed signs, the Commission
shall take the following into account: appropriateness to the architectural
style and period of the building at which it will be located, material
composition, shape, colors, overall design, type of lettering, illustrative
material or logo, spacing, lighting, suspension, accuracy of statements
on the sign pertaining to historical or architectural matters, and
compatibility of these factors with other signs in the overlay districts.
In addition, the Commission may advise on matters of grammar, spelling
and punctuation, but approval may not be denied on these grounds.
(b)
No sign shall be erected at the intersection of any streets
in such a manner as to obstruct free and clear vision or at any location
where, by reason of its position, shape or color, it may interfere
with, obstruct the view of, or be confused with any authorized traffic
sign, signal or device.
(c)
No sign shall be located so as to prevent or hinder free ingress
to or egress from any door, window or fire escape. No sign shall be
attached to a standpipe or fire escape.
(d)
No sign shall be attached to or placed on any public utility
pole or tree located within any public right-of-way.
(e)
Should the Code Enforcement Officer deem the design of a temporary
sign inappropriate for placement in the overlay districts, he/she
may refer the matter to the Commission for review and recommendation
to the City Council. A time limit for a temporary sign may be recommended
by the Commission.
(f)
All other requirements of any City sign ordinance must be adhered
to, especially proposed signs in the Design Review Overlay that contains
residential structures and are part of a residential zone. Special
consideration may be made to nonconforming structures with nonconforming
uses in the overlay districts.
(3)
Historic markers. Historic markers must be reviewed for approval
by the Commission. Such markers shall not be considered as signs,
but rather must conform to uniform requirements established for historic
markers by the Commission.
A.
Special events or activities.
(1)
Any applicant may submit a zoning application for the purposes of requesting permission to undertake or conduct a special event, activity or use (hereinafter referred to as a "temporary use") that shall be temporary in nature. Such a temporary use shall exist for a period of time not to exceed one year. Said application shall be submitted in accordance with the special exception use procedure established in § 236-15, and the temporary use shall be clearly related to the requirements for permitted uses set forth in this chapter.
(2)
Said application shall clearly set forth the following:
(a)
The exact purpose, nature and location of the
proposed temporary use, including all private and public lands and
rights-of-way involved.
(b)
The relationship of the temporary use to other
uses permitted in the zoning district.
(c)
The number of employees, spectators, participants
or other persons or agencies, equipment or other paraphernalia to
be involved or used in such temporary use.
(d)
Evidence that the City will be held harmless
from any unforeseen adverse consequences resulting from such temporary
use and evidence of the availability of sufficient insurance coverage.
(e)
An evaluation of the traffic impact of said
use based on the requirements of Schedule III[1] and § 236-12B.
[1]
Editor's Note: Schedule III is included at the end of this chapter.
(f)
The length of time for which a temporary use
permit is requested.
(g)
Any special requirements, hardships or conditions
to be imposed on the City or its residents or to other uses which
may be affected by the temporary use.
(3)
The Zoning Hearing Board shall review the proposed
application as a special exception use and shall reach a decision
after receipt of a recommendation from the Planning Commission as
required by this chapter.
(4)
The Zoning Hearing Board may reject the application or may determine that the temporary use is needed to support an existing or permitted use or to serve the needs of the majority of the City or neighborhood residents affected by such use. Any approval of such a temporary use shall be subject to the applicable safeguards and procedures established in § 236-12.[2]
[2]
Editor's Note: Former Subsection B, Excavations
and fill material, which immediately followed this subsection, was
deleted 9-11-2006 by Ord. No. 2-06.
A.
Purpose and procedure. Site plan review and the submission of a site plan is required herein for all special exception and conditional uses or for any other use requiring such review in accordance with the requirements of Article III or other provisions of this chapter. The following site plan procedure shall be followed to ensure the safe and efficient movement of traffic, adequate drainage and connection to utilities, compliance with other applicable regulations and to promote the development of an attractive and well-planned City, to enhance sound site planning and to best serve the interests of public health, safety and general welfare and with the objectives of this chapter.
B.
Optional site plan review procedure.
(1)
In lieu of submittal of all of the site plan requirements
itemized below, the applicant may elect to submit a preliminary sketch
site plan, containing lesser information, for unofficial review by
the Planning Commission. Such sketch site plan shall be for the purpose
of indicating to the Planning Commission the general nature and intent
of the proposal which will enable the Commission to present its initial
considerations for the purpose of guiding the developer in the preparation
of the official site plan, in accordance with these zoning requirements.
(2)
The entire purpose of this optional procedure is to
facilitate the proper development of a site plan, as required herein,
and to prevent unnecessary expenses associated with the development
of a site plan. This optional procedure shall be considered to be
a convenience for the applicant and shall not constitute an official
zoning permit application or submission and shall not convey any benefits
or assurances to the applicant which he would not otherwise have had
if such an optional site plan were not submitted by the applicant.
All such optional plans shall be clearly marked with the words "optional
sketch plan."
C.
Site plan requirements. The official site plan shall
include the following information:
(1)
An application for a use located in a use class requiring
site plan review, as required by this chapter, shall be submitted
to the Zoning Officer. The applicant shall also submit five complete
sets of site plans certified by a registered engineer, surveyor, architect
or City Planner with AICP certification.
(2)
When a site plan has been officially submitted, it
shall be placed on the Planning Commission agenda for review at its
next regular meeting, provided that the official submission is made
10 days or more before the regular meeting.
(3)
Within 45 days after the official submission of a
site plan, the Planning Commission shall make a written recommendation
to the Zoning Officer, the Zoning Hearing Board or the Council, depending
on whether the zoning permit requested is for a permitted use, a special
exception use or a conditional use, respectively, on whether the plan
should be approved or disapproved. The written recommendation shall
include the underlying findings and reasons affecting the Planning
Commission's recommendation. In making such a recommendation, the
Planning Commission may receive advice and review comments from the
City's Engineer or any other competent review authority.
(4)
The appropriate body (Zoning Officer, Zoning Hearing
Board or Council) shall take action by approving or disapproving the
plan either within 45 days after receiving the Planning Commission's
written recommendation or within 90 days after the site plan is officially
submitted. The Zoning Officer shall inform the applicant, in writing,
of the action taken by the appropriate body and shall issue any applicable
permit.
(5)
Site plan approval shall neither relieve the applicant
from any other provisions of this chapter nor constitute a recommendation
for a variance or other relief that the applicant may seek from the
Zoning Hearing Board.
(6)
The following information shall be included on the
site plan. Any such information which is not considered applicable
to the proposed use may be waived by the Zoning Hearing Board or the
Zoning Officer.
(a)
A statement as to the proposed use of the building
or land.
(b)
A site layout drawn to a scale of not less than
one inch equals 100 feet showing the location, dimensions and area
of each lot, the location, dimensions and height of proposed buildings,
structures, streets and roads and any existing buildings in relation
to property and street lines. If the application relates to property
which is scheduled to be developed in successive stages, such plans
shall show the relationship of the portion scheduled for initial development
to the proposed layout of the entire property.
(c)
The location, dimensions and arrangements of
all open spaces and yards, landscaping, fences and buffer yards, including
methods and materials to be employed for screening.
(d)
The location, size, arrangement and capacity
of all areas to be used for motor vehicle access, off-street parking,
off-street loading and unloading and provisions to be made for lighting
such areas.
(e)
The dimensions, location and methods of illumination
for signs and exterior lighting.
(f)
The location and dimensions of sidewalks and
all other areas to be devoted to pedestrian use.
(g)
Sanitary and stormwater facilities and connections;
provisions to be made for treatment and disposal of sewage and industrial
wastes, water supply and storm drainage. Submission of a stormwater
management plan with supporting calculations shall be required.
(h)
The capacity and arrangement of all buildings
used or intended to be used for dwelling purposes, including information
on total land area, area to be reserved in common open space, density,
maximum building coverage, total area to be covered with impervious
surfaces and other information which will assist the Commission in
determining compliance with this chapter.
(k)
All proposed site grading; drainage provisions;
and road, driveway and parking lot construction and proposals.
(l)
A key map showing the entire project and its
relation to surrounding properties and existing buildings thereon.
(m)
Soils, slopes and floodplain delineations.
(n)
Certification by an engineer or surveyor.
(o)
Certification of ownership and acknowledgment
of the plan by the owner or developer.
D.
Site design guidelines.
(1)
In addition to the requirements of § 236-24C, the following guidelines are presented to assist the applicant in the preparation of site and building plans and to assist the Planning Commission in the review of all site plans.
(2)
These guidelines are divided into nine categories
and are meant to encourage creativity, innovation and well-designed
developments. They not only apply to principal buildings and structures,
but also to all accessory buildings, structures, freestanding signs
and other site features.
(a)
Preservation of landscape. Preserve the landscape
in its natural state by minimizing tree and soil removal; ensure that
grade changes are compatible with the general appearance of neighboring
developed areas.
(b)
Relation of proposed buildings to environment.
Relate proposed structure(s) harmoniously to the terrain and to existing
buildings that have a visual relationship to the proposed structure(s).
To achieve this favorable relationship between existing and proposed
uses, create focal points with respect to avenues of approach, terrain
features or other buildings and relate open space between all existing
and proposed buildings.
(c)
Drive, parking and circulation. For vehicular
and pedestrian circulation, including walkways, interior drives and
parking, give special attention to the location and number of access
points to public streets, the width of interior drives and access
points, the general interior circulation, the separation of pedestrian
and vehicular traffic and the arrangement of safe and convenient parking
areas; design these vehicular and pedestrian areas to enhance the
appearance of and access to the proposed buildings and structures
and to the neighboring properties.
(d)
Surface water drainage. Give special attention
to proper site surface drainage to ensure that removal of surface
waters will not adversely affect either neighboring properties or
the public storm drainage system; remove and efficiently carry away
all stormwater from all roofs, canopies and paved areas; collect surface
water in all paved areas to permit vehicular and pedestrian movement.
(e)
Utility service. Place electric and telephone
lines underground where possible; locate, paint and undertake any
other treatment to ensure that any utilities which remain aboveground
will have a minimal adverse impact on neighboring properties.
(f)
Advertising features. Ensure that the size,
location, lighting and materials of all permanent signs and outdoor
advertising structures or features will enhance rather than detract
from the design of proposed buildings and structures and the neighboring
properties.
(g)
Special features. Provide needed setbacks, screen
plantings and other screening methods for exposed storage areas, exposed
machinery installations, service areas, truck loading areas, utility
buildings and structures and similar accessory areas and structures
to help make them compatible with the existing or contemplated site
design and with neighboring properties.
(j)
Reflectors or refractor panels that direct and
cut off light at a cutoff angle that is less than 60°. (See illustration
of cutoff angle in Appendix B.[2])
[Added 9-11-2006 by Ord. No. 2-06]
[1]
Lighting devices that produce objectionable
glare in excess of 0.2 footcandle on adjacent streets or properties
shall not be permitted. When requested by the Planning Commission,
the applicant shall submit a photometric plan to demonstrate compliance.
[2]
Plans shall show the fixture type and specifications,
including proposed wattage, and the location and height of light standards.
[3]
After occupancy of the proposed use, the landowner
shall show continuing compliance with the approved lighting plan.
The Zoning Officer shall investigate any purported violation of the
approved lighting plan and, subject to the approval of City Council,
may employ technical lighting experts or may utilize certified testing
equipment to assist in the determination of a violation. Costs of
the services of such experts shall be paid by the owner or operator
of the facility or use accused of the violation if the facility or
use is found to be in violation. If the facility or use is found to
be in compliance with the lighting plan when the City initiated the
enforcement, said costs shall be borne by the City. If a complainant
requests the enforcement by the City, the complaint shall be made
in writing on forms supplied by the City.
[4]
If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance with § 236-35 of this chapter and a reasonable length of time to correct the violation and reimburse the City for the actual cost of the lighting expert, if such expert is utilized. 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.
[2]
Editor's Note: Appendix B is included at the end of this chapter.
A.
Screening requirements.
(1)
Adequate screening, as described herein, shall be
provided along the front, side and rear boundaries of any industrial,
manufacturing, commercial, public or resort use which is carried on
outside of any completely enclosed building or of any off-street parking
or loading area for more than five vehicles which abuts a residential
area or zoning district or which is directly visible or across a street
or alley from a residential area or along the boundaries of any other
use where such screening is required by this chapter.
(2)
Open construction or storage yards, solid waste transfer
stations and recycling centers, junkyards or similar uses shall be
screened in accordance with the provisions of this section.
(3)
The Zoning Hearing Board may waive this requirement,
in part or in its entirety, where natural terrain considerations eliminate
the need for such a screen or where access considerations or adjoining
development would not substantially benefit from such a screen, as
determined by the Board.
(4)
Such screening shall conform with the applicable fence requirements of § 236-19E and consist of a visual screen or obstruction of sufficient height, but not less than six feet high, to effectively obscure the area being screened from adjoining uses. Such a screen or obstruction shall consist of a suitable permanent fence or wall or of appropriate planting materials, such as shrubs, hedges or trees located within a buffer strip having a minimum width of five feet. Such fence, wall or planting materials shall be maintained in good condition without any advertising thereon.
(5)
Any space between such fence, wall or planting materials
and adjoining lot lines shall be attractively surfaced and/or landscaped
with grass, hardy shrubs or evergreen ground cover and maintained
in good condition.
B.
Slope of yards. The surface area of any yard of open
space adjacent to a building or structure shall be graded so that
surface water will be drained away from any such structure.
C.
Design of highway (nonresidential) development. It
is the objective of this chapter to encourage the orderly development
of commercial, industrial and other nonresidential parcels in a manner
which will provide for proper access and reduce traffic conflicts
and provide for the health and welfare of the population of the municipality.
This shall be accomplished as follows:
(1)
The design of streets, service drives and pedestrianways
shall provide for safe, convenient and hazard-free internal circulation
of goods, persons and vehicles.
(2)
Nonresidential parcels shall be limited to no more
than two driveway access points from the street or highway from which
they derive their principal access, and such driveway access points
shall not be more than 40 feet wide and shall be designed in a manner
which will minimize their interference with any traffic movements
on the street or highway.
(3)
Where a number of individual parcels or buildings
are being developed jointly or where a parcel or building is being
developed adjacent to another parcel used or suitable for nonresidential
development, consideration shall be given to the following:
(a)
The location and planning of driveway access
points to permit their joint use by adjoining parcels so as to minimize
the number of intersections with the street or highway from which
they derive their access.
(b)
The development of parking and loading areas
which permit convenient traffic circulation between adjoining parcels.
(c)
The development of pedestrian walkways between
adjoining parking areas and buildings.
(d)
The provision of landscaping and other features
which will enhance the usability, character and attractiveness of
the area.
D.
Animals and fowls. In any district, the establishment, maintenance and operation of boarding stables, dog kennels, boarding kennels, aviaries or similar facilities for the housing, boarding, service, treatment, care, breeding or sale of animals and fowls is prohibited, except for animal hospitals, kennels and veterinarian offices, as set forth in Article III. The provisions of this section shall not apply to the keeping of pets which are the personal property of persons residing on the premises, provided that such pets shall not create a nuisance or health problems.
E.
Size of dwellings. In order to promote the public
health, safety and welfare of occupants residing in residential dwelling
structures, the following minimum floor areas for human habitation
shall be required in all dwelling units designed for permanent occupancy.
Where a greater minimum floor is required by any applicable code or
ordinance, that higher minimum shall apply.
|
Number of Bedrooms
|
Minimum Floor Area
(square feet)
| |
|---|---|---|
|
Efficiency unit
|
450
| |
|
1 bedroom
|
575
| |
|
2 bedrooms
|
700
| |
|
3 or more bedrooms
|
800, plus 100 for each additional bedroom exceeding
3
| |
|
No dwelling unit shall be less than 12 feet
wide.
| ||
F.
Public water and sewer facilities.
(1)
All buildings within the City shall be served with
public water and sanitary sewer facilities when available, and where
such facilities are not available, suitable alternate facilities meeting
the requirements of the Pennsylvania Department of Environmental Resources
shall be provided.
(2)
Any residential dwelling unit not served with a PADER
approved public or private central sanitary or water supply system
shall have a minimum net lot area of at least one acre.
G.
Prohibited uses. The following uses shall be prohibited:
(1)
Obscene materials or activities.
(a)
Any use involving activities which constitute
a violation of 18 Pa.C.S.A. § 5903, as amended, or as defined
herein relating to display, sale, lending, distribution or exhibiting
of obscene and other sexual materials are prohibited in every zoning
district.
(b)
The exhibition or dissemination of obscene materials
or activities, as defined herein, which do not constitute a violation
of 18 Pa.C.S.A. § 5903, as amended, shall only be permitted
in a zoning district which clearly lists such a use, and all such
uses shall be conditional uses, as defined herein.
The regulations contained in this Zoning Chapter
are supplemented by Ordinance Nos. 7-78 and 2-85 of the City of New
Kensington. Said ordinances contain requirements to assure compliance
with the National Flood Insurance Act. Said ordinances, as they may
be further amended, provide additional regulations governing the use
of land within any floodplain district in order to promote the general
health, welfare and safety of the City and provide guidelines for
development in flood-prone areas. Said ordinances, as they may be
further amended, are hereby declared to be a part of this Zoning Ordinance,
and they shall be kept on file by the Zoning Officer at the office
of the City Clerk in the City Hall, New Kensington, Pennsylvania 15068.[1]
