Borough of Rankin, PA Part 3 DISTRICT REGULATIONS

§ 27-301 Establishment of Districts.

[Ord. 498, 9/13/2016, § 301]

1. This Section establishes zoning districts and describes the use regulations that apply to each district.

2. Base zoning districts establishes districts that divide the Borough into various residential, commercial, and industrial zones. Each district establishes uses that are permitted as a use by right (P); as a conditional use (CU); or as a special exception (SE). A use permitted as of right is compatible with the other uses within the purpose of the district and therefore requires only administrative approval. Conditional uses and special exceptions are those uses that may generate additional impacts and may warrant additional standards and additional approval process to ensure their compatibility and compliance with these zoning requirements.

§ 27-302 Base Zoning Districts.

[Ord. 498, 9/13/2016, § 302]

The Borough is divided into the following zoning districts, as shown in the Official Zoning Map attached hereto and incorporated herein.[1] The following types of zoning districts are hereby established:

SFR	Single-Family Residential District
NMU	Neighborhood Mixed Use District
MFR	Multifamily Residential District
CI	Commercial Industrial Center
NBC	Neighborhood Business Center
CFDD	Carrie Furnace Development District

[1] Editor's Note: The Official Zoning Map is on file in the Borough offices.

§ 27-303 New Zoning Districts.

[Ord. 498, 9/13/2016, § 303]

Additional zoning districts may be added from time to time upon the recommendation of the Planning Commission to the Borough Council pursuant to this Chapter relating to zoning amendments.

§ 27-304 Official Zoning Map.

[Ord. 498, 9/13/2016, § 304]

The map(s) delineating the boundaries of the various zoning districts, together with all matters and things shown on such maps, are adopted and approved, and collectively constitute the "Official Zoning Map." The Official Zoning Map is incorporated by reference and made a part of this Zoning Ordinance. These map(s) are on file in the Borough office. The Official Zoning Map carries the zoning district designations established in § 27-302 of this Chapter.

§ 27-305 Zoning District Boundaries.

[Ord. 498, 9/13/2016, § 305]

1. When definite distances in feet are not shown on the Zoning Map, the following rules apply:

A. Boundaries indicated as approximately following the right-of-way (ROW) or center lines of streets, highways, or alleys shall be construed to follow the center lines of streets, highways or alleys.

B. Boundaries indicated as approximately following recorded lot lines shall be construed as following such lot lines;

C. Boundaries indicated as approximately following Borough limits shall be construed as following the Borough boundary;

D. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

E. Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines;

F. Whenever any street, alley, or other public way not subject to zoning regulations is vacated by official action of the Borough, the zoning district line adjoining each side of such street, alley, or other public way shall be automatically extended to the center of such vacation, and all areas so involved shall then be subject to all regulations of the extended districts; and

G. Where physical features existing on the ground vary from those shown on the Official Zoning Maps, or in other circumstances where the zoning boundary is unclear, the affected party shall request an interpretation from the Planning Commission.

§ 27-306 Zoning District Allowable Uses.

[Ord. 498, 9/13/2016, § 306]

1. No land, structure, building or development approval shall be issued unless the proposed development conforms to the regulations prescribed within the applicable zoning district and this Chapter.

2. Three classifications of principal uses are established in this Chapter. No principal use is permitted unless it is listed as a permitted use by right (P), conditional use (CU), or special exception (SE) and identified in the Table of Authorized Principal Uses (Table 7).[1] Uses permitted as principal uses or structures within each zoning district are those uses listed in the table of authorized principal uses (Table 7). Uses not specifically listed in Table 7 are allowable subject to the provision of this Section and Part 4 of these regulations. The classification of uses include:

A. Permitted uses by right (P) are those authorized uses for which a zoning approval will be issued by the Zoning Officer upon the Zoning Officer's review of the application for development if the application for development indicates compliance with this Chapter.

B. Conditional uses (CU) are those authorized uses which are permitted by approval of the Council in accordance with this Chapter and more specifically Part 4, Express Standards and Criteria for Special Exceptions and Conditional Uses.

C. Uses by special exception (SE) are those authorized uses which are permitted by approval of the Zoning Hearing Board in accordance with this Chapter, and more specifically, Part 4, Express Standards and Criteria for Special Exceptions and Conditional Uses.

[1] Editor's Note: Said table is included as an attachment to this Chapter.

3. Uses Not Listed. It is the intent of this Chapter to group similar or compatible land uses into specific zoning districts. Uses which are not specifically listed on the Tables of Authorized Uses (Principal and Accessory) shall not be permitted in the Borough unless determined to be a legitimate use, similar to a use specifically listed on the Tables of Authorized Uses (Principal and Accessory). Uses which are not specifically listed but are similar to a specifically listed use shall be permitted by conditional use in the same zoning district in which the similar specifically listed use is permitted. Borough Council shall make findings with regard to the similarity of the uses. In the event the Borough Council finds the use is similar and permissible as a conditional use within the proposed district, all standards and requirements related to the similar use within the district shall be applicable to the proposed use (see § 27-406, Subsection 36).

4. Uses Preempted By State Statute. Notwithstanding any provision of this Section to the contrary, uses that are required to be permitted in any zoning district by state or federal statute may be permitted in accordance with state or federal law whether or not the use is included in the tables of Authorized Uses (Principal and Accessory).

5. In all residential zoning districts, there shall only be one principal use and structure on a lot.

6. In all nonresidential zoning districts authorized by this Chapter, two or more nonresidential principal buildings can occupy the same lot and two or more authorized nonresidential uses may occupy the same lot or building; provided, in all cases, that all applicable requirements for each of the structures or uses can be met on the lot.

7. In addition to the provisions for principal uses, accessory uses shall also be permitted in accordance with the provisions of this Chapter. In all zoning districts, all accessory uses and structures shall be located on the same lot with the principal structure and use to which they are accessory. Accessory uses regulations are set forth in Part 3 of this Chapter.

§ 27-307 Bulk and Area Regulations for Uses.

[Ord. 498, 9/13/2016, § 307]

Bulk and area regulations for uses are specified in the tables in each section for the specific zoning district.

§ 27-308 SFR Single-Family Residential District.

[Ord. 498, 9/13/2016, § 308]

1. Purpose. The Single-Family Residential District is intended primarily as a residential district consisting of a variety of residential unit types as identified in Table 7 in areas of the Borough and which promote quality housing stock and strong neighborhoods.

A. Authorized Principal Uses. See § 27-314, Table of Authorized Principal Uses (Table 7), for authorized principal uses and method of authorization in the district.

B. Authorized Accessory Uses. See § 27-316, Table of Authorized Accessory Uses (Table 8), for authorized accessory uses and method of authorization in the district.

C. Area and Bulk regulaTions. The area and bulk regulations within the zoning district shall be subject to the standards identified in Table 1, except as they may be modified by the express standards and criteria for the specific permitted uses, conditional uses, or uses by special exception.

D. Off-Street Parking and Loading. See Part 6 for off-street parking and loading requirements.

	Table 1 SFR Single-Family Residential District
	Bulk and Areas Regulations
	Lot Area Per Dwelling Unit (minimum)	2,800 square feet
	Lot Width (minimum)	40 feet
	Height (maximum)	35 feet
	Front Building Line (minimum)	Varies (Subsection 1E)
	Side Building Line (minimum/total)	5 feet
	Rear Building Line (minimum)	20 feet*
	Lot Coverage (maximum)	50%.

*

Rear building line may be reduced to two feet for accessory garages when the property fronts on a publicly owned alley.

E. Front Building Requirements. Front building lines vary for existing dwellings along many blocks regardless of zoning district and the intent of this Chapter is to maintain the existing character within the community. The following provisions will be applied to determine the minimum and maximum front building setback line:

(1) The minimum front building setback line will be determined by the average setback of the buildings on the block in which the proposed building is located. The maximum front building setback shall not be greater than the building with the greatest setback on the block.

§ 27-309 MFR Multifamily Residential District.

[Ord. 498, 9/13/2016, § 309]

1. Purpose. The Multifamily Residential District is primarily residential in nature with moderate densities and allows for a variety of one- and two-family attached and multifamily dwelling types.

A. Authorized Principal Uses. See § 27-314, Table of Authorized Principal Uses (Table 7), for authorized principal uses and method of authorization in the district.

B. Authorized Accessory Uses. See § 27-316, Table of Authorized Accessory Uses (Table 8), for authorized accessory uses and method of authorization in the district.

C. Area and Bulk Regulations. The area and bulk regulations within the zoning district shall be subject to the standards identified in Table 2, except as they may be modified by the express standards and criteria for the specific permitted uses, conditional uses, or uses by special exception.

D. Off-Street Parking and Loading. See Part 6 for off-street parking and loading requirements.

	Table 2 MFR Multifamily Residential District
	Bulk and Areas Regulations
	Lot Area Per Dwelling Unit (minimum)	2,500 square feet for single family 1,500 square feet per unit for two-family and townhouse 1,000 square feet per unit for all other multifamily uses 3,000 square feet all other uses
	Lot Width (minimum)	30 feet
	Height (maximum)	65 feet
	Front Building Line (minimum)	15 feet
	Side Building Line (minimum/total)	10 feet
	Rear Building Line (minimum)	15 feet
	Lot Coverage (maximum)	70%.

§ 27-310 NMU Neighborhood Mixed-Use District.

[Ord. 498, 9/13/2016, § 310]

1. Purpose. The NMU Neighborhood Mixed-Use District is to provide areas for a mix of residential and low-intensity neighborhood commercial facilities intended to serve the immediate area with goods and services. The neighborhood mixed-use district is intended to provide convenience opportunities intended to cater to the surrounding neighborhoods and community but is not intended to house facilities which are high impact and which may be more regional in their draw.

A. Authorized Principal Uses. See § 27-314, Table of Authorized Principal Uses (Table 7), for authorized principal uses and method of authorization in the NMU District.

B. Authorized Accessory Uses. See § 27-316, Table of Authorized Accessory Uses (Table 8), for authorized accessory uses and method of authorization in the NMU District.

C. Area and Bulk Regulations. The area and bulk regulations within the NMU Zoning District shall be subject to the standards identified in Table 3, except as they may be modified by the express standards and criteria for the specific permitted uses, conditional uses, or uses by special exception.

D. Off-Street Parking and Loading. See Part 6 for off-street parking and loading requirements.

	Table 3 NMU Neighborhood Mixed-Use District
	Bulk and Areas Regulations
	Lot Area Per Dwelling Unit (minimum)	2,500 square feet for single family 1,500 square feet per unit for two-family and townhouse 1,000 square feet per unit for all other multifamily uses 3,000 square feet all other uses
	Lot Width (minimum)	40 feet
	Height (maximum)	65 feet
	Front Building Line (minimum)	Varies (see Subsection 1E)
	Side Building Line (minimum/total)	5 feet
	Rear Building Line (minimum)	15 feet*
	Lot Coverage (maximum)	70%

*

Rear building line may be reduced to two feet for accessory garages when the property fronts on a publicly owned alley.

E. Front Building Requirements. Front building lines vary for existing dwellings along many blocks, regardless of zoning district, and the intent of this Chapter is to maintain the existing character within the community. The following provisions will be applied to determine the minimum and maximum front building setback line:

(1) The minimum front building setback line will be determined by the average setback of the buildings on the block in which the proposed building is located. The maximum front building setback shall not be greater than the building with the greatest setback on the block.

§ 27-311 CI Commercial Industrial Center.

[Ord. 498, 9/13/2016, § 311]

1. Purpose. The CI Commercial Industrial Center provides diverse commercial development and redevelopment opportunities in the core established commercial areas in the Borough.

A. Authorized Principal Uses. See § 27-314, Table of Authorized Principal Uses (Table 7), for authorized principal uses and method of authorization in the CI distrIct.

B. Authorized Accessory Uses. See § 27-316, Table of Authorized Accessory Uses (Table 8), for authorized accessory uses and method of authorization in the CI District.

C. Area and Bulk Regulations. The area and bulk regulations within the CI Zoning District shall be subject to the standards identified in Table 4, except as they may be modified by the express standards and criteria for the specific permitted uses, conditional uses, or uses by special exception.

D. Off-Street Parking and Loading. See Part 6 for off-street parking and loading requirements.

	Table 4 CI Commercial Industrial Center District
	Bulk and Areas Regulations
	Lot Size (minimum)	20,000 square feet
	Lot Width (minimum)	200 feet
	Height (maximum)	65 feet
	Front Building Line (minimum)	15 feet
	Side Building Line (minimum)	10 feet
	Rear Building Line (minimum)	15 feet
	Lot Coverage (maximum)	60%

§ 27-312 NBC Neighborhood Business Center.

[Ord. 498, 9/13/2016, § 312]

1. Purpose. The NBC Neighborhood Business Center District is intended to provide for a small-scale neighborhood service-oriented shopping area providing a commercial focal point to Rankin at the gateway to the Borough.

A. Authorized Principal Uses. See § 27-314, Table of Authorized Principal Uses (Table 7), for authorized principal uses and method of authorization in the NBC District.

B. Authorized Accessory Uses. See § 27-316, Table of Authorized Accessory Uses (Table 8), for authorized accessory uses and method of authorization in the NBC District.

C. Area and Bulk Regulations. The area and bulk regulations within the RD Zoning District shall be subject to the standards identified in Table 5, except as they may be modified by the express standards and criteria for the specific permitted uses, conditional uses and uses by special exception.

D. Off-Street Parking and Loading. See Part 6 for off-street parking and loading requirements.

	Table 5 NBC Neighborhood Business Center District
	Bulk and Areas Regulations
	Lot size (minimum)	10,000 square feet
	Lot Width (minimum)	100 feet
	Height (maximum)	65 feet
	Front Building Line (minimum)	15 feet
	Side Building Line (minimum)	10 feet
	Rear Building Line (minimum)	15 feet
	Lot Coverage (maximum)	70%

§ 27-313 CFDD Carrie Furnace Development District.

[Ord. 498, 9/13/2016, § 313]

1. Intent and Purpose.

A. The purpose of the CFDD is to create a cohesive development pattern on the former site of Carrie Furnace located in the Boroughs of Swissvale and Rankin. The intent of the CFDD is to allow for a set of comprehensive regulations that are mirrored in each borough and allow for master planning of the site by a single developer, or multiple developers, with continuity in the development pattern. Development in the CFDD shall be guided by the following principles:

(1) Create a district that provides for development/redevelopment of the Carrie Furnace site and is consistent in the Boroughs of Swissvale and Rankin.

(2) Encourage a mix of complementary land uses that emphasize creation of job opportunities.

(3) Attract employers and business that stimulate economic growth in the communities.

(4) Provide for flexibility in design and development while maintaining cohesive development patterns.

(5) Allows for small-scale commercial and retail support services that serve larger job-intensive uses intended for the district.

(6) Create an environment where buildings and the landscapes contribute to the physical definition of streets as civic places. Proposed streets should adequately accommodate vehicles while respecting pedestrian needs.

(7) Encourage architectural and landscape design that responds to the local climate, topography, history, and building practice.

(8) Provide for an interconnected open space network of trails, pedestrian sidewalks and green spaces that offer public access throughout the development. The river frontage should be used as an asset to connect the local community back to the Monongahela River.

2. Master Plan Requirements.

A. Prior to the development of any lot or parcel in the CFDD District, an overall Master Plan shall be approved by the Borough Council. The Master Plan will be submitted to the Planning Commission for review and recommendations prior to approval by Council. An approved Master Plan will serve as a preliminary land development approval as required by the Subdivision and Land Development Ordinance (SALDO) [Chapter 22]. After approval of the Master Plan, individual development parcels will be permitted to proceed directly to final land development approval as required by the SALDO.

B. Submission of an application for a Master Plan approval shall, at a minimum, contain the following information:

(1) A Master Plan for the overall CFDD is encouraged; however, a minimum of 20 acres shall be submitted for Master Plan approval at any one time.

(2) The Master Plan shall demonstrate a comprehensive and cohesive vision and design for the development.

(3) Applicants for development of the CFDD shall submit plans, documentation and other information as necessary to satisfactorily demonstrate the proposed Master Plan has achieved the goals identified in the guiding principles identified in § 27-314, Subsection 1.

(4) The plans submitted for Master Plan approval shall provide sufficient details and information to demonstrate it meets the district requirements including but not limited to:

(a) Building and lot configuration pursuant to Subsection 4.

(b) Street and traffic circulation standards pursuant to Subsection 5.

(c) Public green space, parks and trail standards pursuant to Subsection 6.

(d) Parking location standards pursuant to Subsection 7.

(e) Landscape standards pursuant to Subsection 8.

(f) Lighting standards pursuant to Subsection 9.

(g) Signage standards pursuant to Part 7.

(5) A traffic study that demonstrates the required level of service for each proposed roadway shall be provided for all master planned areas.

(6) All information required in the SALDO [Chapter 22] for preliminary subdivision and land development approval.

(7) The Master Plan may have future development areas depicted in a schematic or conceptual manner due to potential future, unknown impacts of market-driven forces that may change future development facilities.

[Added by Ord. No. 564, 6/7/2022]

3. Authorized Uses.

A. Authorized Principal Uses. See § 27-314, Table of Authorized Principal Uses (Table 7), for authorized principal uses and method of authorization in the district.

B. Authorized Accessory Uses. See § 27-316, Table of Authorized Accessory Uses (Table 8), for authorized accessory uses and method of authorization in the district.

4. Building and Lot Configuration.

A. Minimum lot size: none.

B. Maximum lot size: none.

C. Minimum lot width: none.

D. Minimum lot depth: none.

E. Lot coverage. Impervious surfaces shall not exceed 85% of the total lot area for individual lots.

F. Building height: maximum of 60 feet (subject to the requirements of Table 6)

G. Front build-to line (principal buildings must be placed at the build-to line):

[Amended by Ord. No. 564, 6/7/2022]

Table 6 Setback/Building Setback
Street Classification	Build-to Line (feet)	Building Height (feet)	Right-of-Way (feet)
Local Road	20	60	*
Collector Road	20	60	*
Boulevard	20	60	*

NOTE:
*	Right-of-way to be approved by Rankin Borough Zoning Officer.

H. Minimum side yard setback: 10 feet.

I. Minimum rear yard setback: 10 feet.

5. Street and Traffic Circulation Standards.

A. Streets are intended for use by vehicular and pedestrian traffic and to provide access to lots and open spaces.

B. Streets shall generally terminate at other streets, forming a network. Internal streets shall connect wherever possible. Culs-de-sac shall be avoided but may be permissible, subject to approval of Borough Council, when it determines, at its sole discretion, a cul-de-sac is necessary to accommodate specific site conditions where no other options exist. If proposing use of a cul-de-sac, the applicant shall have the burden of proof to demonstrate compliance with this requirement.

C. If a Master Plan submission does not encompass the entire Carrie Furnace site for approval, then the applicant shall provide for logical street and pedestrian connections to the adjacent parcel(s).

D. Sidewalks along roadways should provide for continuous circulation throughout the development and shall connect to public green spaces, parks and trails.

E. A hierarchy of street shall be established at the time of Master Plan approval in compliance with the following requirements:

(1) Collector Street. The CFDD shall be required to have a Collector Street designed to circulate throughout the entire development and connect to the primary access to the site. The collector street system shall be designed in accordance with Figures 2 through Figure 4. Figure 1 shall be used for the collector street in the event a traffic study determines the need for all or portions of the collector street system require four lanes; otherwise, the applicant has discretion in use of the collector street typical sections.

(2) Local Streets. Local streets will connect to other local streets and to the collector street system. The applicant shall have the discretion of using Figures 5 through Figures 7 for the local road system.

(3) All streets in the CFDD shall be designed in accordance with the typical sections Figure 2 through Figure 8.

(a) Applicant may coordinate alternate roadway figures/roadway sections in addition to standard Figures 1 through 8 with the Rankin Borough Zoning Officer if the typical figures would cause undue difficulty or expense in developing the site and/or are not compatible with the proposed uses and/or facilities.

[Added by Ord. No. 564, 6/7/2022[1]]

[1] Editor's Note: This ordinance also repealed former Subsection 5F, regarding parking on collector and local roadways, and former Subsection 5G, regarding use of typical sections and BMPs, which immediately followed this subsection.

6. Public Green Space, Parks and Trail Standards.

A. The Master Plan shall provide for an interconnected system of public green space, parks and trails throughout the development. The Monongahela River should be treated as the focal point of these public spaces, providing public access along and to the riverfront.

B. A minimum of 10% of the master planned area shall be set aside for public green space, parks and trails. Easements and maintenance agreements shall be provided for all dedicated green space, parks and trails.

C. A minimum of 50% of the dedicated green space area required in Subsection 6B shall include active recreation and associated landscape amenities, such as seating and trails.

D. A minimum of 50% of the river frontage of each master planned area shall be publicly accessible through the use of linear parks, trails or greenways.

E. The system of public green space, parks and trails shall be connected to the sidewalk system along streets to facilitate circulation and access to these amenities throughout the development.

F. If the submission does not include the complete Carrie Furnace site for Master Plan approval, then the applicant shall provide for logical continuation and/or connection of the public green space, parks and trail connections to the adjacent site(s).

7. Parking and Loading Standards.

A. The total number of off-street parking and loading spaces required shall be provided as identified in Part 6, Parking. All of the provisions of Part 6 shall apply in the Carrie Furnace Development District except as may be modified by this Section.

B. Surface parking areas shall be masked from public frontage along a street by a building, vegetative screening, wall or fence. A low wall, fence or hedge shall be installed at the same setback along the front yard build-to line of each parcel. The intent of this requirement is to create character in the streetscape and provide for a continuous street wall only broken by access points for vehicular or pedestrian access.

C. Vehicular entrances limited to passenger vehicles only to parking lots, garages, and parking structures shall be no wider than 24 feet at the frontage. Any other entrances that may include circulation of trucks, semitrucks, delivery trucks, or other vehicles larger than passenger vehicles may have wider entrances as coordinated with the Rankin Borough Zoning Officer.

[Amended by Ord. No. 564, 6/7/2022]

D. On-street parallel parking shall be counted in the total number of required parking spaces.

E. (Reserved)[2]

[2] Editor's Note: Former Subsection 7E, prohibiting surface parking lots at street corners, was repealed by Ord. No. 564, 6/7/2022.

F. (Reserved)[3]

[3] Editor's Note: Former Subsection 7F, prohibiting loading docks and service areas along public street frontages, was repealed by Ord. No. 564, 6/7/2022.

G. The applicant is required to demonstrate that each proposed building or use has adequate area set aside for deliveries suitable for the intended use.

8. Landscape Standard.

A. A landscape plan shall be provided at the time of Master Plan approval for all public green spaces, parks and trails as well as public rights-of-way.

B. Street trees shall be provided in accordance with typical Subsection 8A through G and shall include trees planted in a regularly spaced staggered pattern of alternating species with shade canopies of a height that, at maturity, clears at least one story.

C. A landscape plan shall be provided for individual lots at the time of final land development approval. When typical sections are used for Master Plan approval that require trees outside of the public ROW, then at the time of submission of the final land development plan, a landscape plan shall include street trees on the lot as required in accordance with the typical section. The street trees provided on the lot shall be required in addition to the landscape requirement of this Section.

D. Planting Requirement. For every 1,500 square feet of impervious surface, the landscape plan shall contain a minimum of one over-story tree and three shrubs (excluding any street trees). All landscape plans shall include a table that demonstrates compliances with this planting requirement.

E. A planted green space buffer, a minimum of 10 feet wide, shall be provided along the sides and rear of all lots. This buffer may be reduced at the discretion of the Council Borough in the event similar uses are being planned on adjacent lots.

F. All pedestrian trails shall be a minimum of six feet wide and constructed of a two-inch bituminous wearing surface placed on six inches of 2A crushed stone.

G. Each building and/or lot shall provide an adequate area for trash receptacle and/or dumpster. Trash facilities shall be located at the rear of the lot or building and shall be entirely contained within a screened enclosure. Enclosures shall match the character of the buildings and general character of the district.

9. Lighting Standards.

A. At the time of submission for Master Plan approval, a lighting plan shall be submitted for all public spaces, including streets, public parks and greenways.

B. The proposed types of lighting shall be detailed in the Master Plan submission, including fixture type, spacing and locations.

C. The proposed lighting plan shall create a safe and attractive nighttime environment and shall provide for logical and safe movement throughout the development.

D. Individual lighting plans will be submitted for each lot at the time of final land development plan approval and shall be subject to the provisions of Part 5, § 27-502

§ 27-314 Table of Authorized Principal Uses.

[Ord. 498, 9/13/2016, § 314]

Table 7 establishes the authorized principal uses and the zoning districts where the principal use is authorized and method of authorization.[1]

[1] Editor's Note: Table 7 is included as an attachment to this Chapter.

§ 27-315 Accessory Uses and Structures.

[Ord. 498, 9/13/2016, § 315]

1. Applicability. This Section applies to any subordinate use of a building or other structure, or use of land that is:

A. Conducted on the same lot as the principal use to which it is related; and

B. Clearly incidental to, and customarily found in connection with, the principal use or structure.

2. Establishment of Accessory Uses.

A. Accessory structures, buildings or uses shall not be constructed or established on a lot until construction of the principal structure is completed or the principal use is established.

B. In no instance shall an accessory building or use be established on a vacant lot.

§ 27-316 Table of Authorized Accessory Uses and Structures.

[Ord. 498, 9/13/2016, § 316]

Accessory uses shall be permitted in accordance with Table 8.[1]

[1] Editor's Note: Table 8 is included as an attachment to this Chapter.

§ 27-317 Dimensional Standards for Accessory Uses and Structures.

[Ord. 498, 9/13/2016, § 317]

1. Permitted Accessory Uses. Accessory uses and structures permitted by this Chapter are listed in the Table of Authorized Accessory Uses and Structures (Table 8). Accessory uses and structures which are not specifically listed in the table shall not be permitted in the Borough.

A. Accessory structures and uses, with the exception of authorized signs and fences, shall not be located in the required front yard of any lot in any zoning district.

B. The location of permitted nonresidential accessory structures is governed by the same dimensional regulations as set forth for the principal use or principal structure or structures.

C. Accessory structures shall be counted towards the maximum lot coverage on a lot and in no case shall exceed the maximum lot coverage for the district in which it is located when considering all structures on the lot.

D. Accessory uses shall not include the conduct of trade or business unless permitted in conjunction with an authorized principal use that permits trade or business.

E. All permanent accessory structures shall be set back a minimum of five feet from any side or rear property line except were specifically authorized in elsewhere in this Chapter.

F. Not more than one accessory structure by type shall be permitted on an individual lot (e.g., shed, play structure, etc.).

G. Accessory structures shall not exceed the height of the principal structure.

H. Accessory uses shall be conducted on the same lot as the principal use to which it is related; and clearly incidental to, and customarily found in connection with, the principal use or structure.

I. Where a principal use or structure is permitted, such use may include accessory uses and structures subject to this Section.

J. Accessory buildings or uses shall not be constructed or established on a lot until the construction of the principal structure is completed or the principal use is established.

K. For urban agriculture accessory structures only, structures may be built and utilized on a directly adjacent lot, without having to consolidate the lots.

§ 27-318 Express Standards and Criteria for Accessory Uses and Structures.

[Ord. 498, 9/13/2016, § 318]

1. Fences and Walls.

A. Fences and Walls Accessory to Residential Use. The following fences and walls may be erected as an accessory structure to a residential use:

(1) Front Yards.

(a) Split-rail, chain-link and any other fence with 50% or less of the surface area being opaque, not exceeding five feet in height.

(b) Masonry wall or fence with 50% or more of the surface area being opaque, not exceeding three feet in height.

(2) Side and Rear Yards.

(a) Masonry or concrete wall, not exceeding three feet in height.

(b) Any other type of fence, not exceeding six feet in height.

(c) Security fence for a swimming pool, not exceeding eight feet in height.

(3) Barbed-wire fences shall not be permitted in conjunction with a residential use.

B. Fences and Walls Accessory to a Nonresidential Use. The following fences and walls may be erected as an accessory structure to a nonresidential use in any yard:

(1) Masonry or concrete wall, not exceeding three feet in height.

(2) Fences with 50% or less of the surface area being opaque, not exceeding eight feet in height.

(3) Fences with more than 50% of the surface area being opaque, not exceeding six feet in height.

C. General Requirements for Fences and Walls.

(1) No fence in any district shall be erected in such a manner so as to obstruct visibility as a street or driveway intersection, in accordance with this Chapter.

(2) Fences for public or private tennis courts and similar outdoor recreational facilities may be erected up to 10 feet in height, if constructed of a chain-link material.

(3) A retaining wall of any height may be erected along any property line or in any required yard where it is needed to prevent a landslide or other hazardous condition. The location and placement of retaining walls shall meet the requirements of the Subdivision and Land Development Ordinance of the Borough [Chapter 22]. Wall in excess of six feet in height shall have a safety feature place along the top of the wall such as a fence or railing erected along in all areas that exceed six feet.

(4) Fences located along a property boundary shall be set back a minimum of 12 inches from the property line.

(5) The owner of any fence or wall shall be responsible for maintaining it in good repair. If a fence or wall is not being properly maintained, the Zoning Administrator shall give written notice to the owner to repair or remove the fence or wall within the time period stipulated by the notice. Failure to comply with the order shall be considered a violation of this Chapter.

2. Swimming Pools. Swimming pools shall be permitted in all zoning districts subject to the following requirements:

A. In residential areas, pools and accessory decks attached to a pool shall be erected only in a rear yard, provided that they are no closer than 10 feet to any lot line.

B. In-ground pools in all zoning districts shall be enclosed by a fence, constituting a barrier to small children, at least four feet in height and equipped with a gate and a lock. Fencing for a pool shall comply with the requirements of this Chapter.

C. Aboveground pools in all zoning district having vertical walls over four feet above ground level and removable steps are not required to be fenced; provided the owner shall remove said steps when the pool is not in use to prevent access by small children. All other aboveground swimming pools shall be fenced in accordance with the requirements of Subsection 1 of this Section.

D. Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.

3. Satellite Dish Antenna. A satellite dish antenna is a permitted accessory structure in any zoning district; however, it must be mounted to the principal structure and shall not project more than two feet from the structure.

4. Dumpsters. Dumpsters located in the NBC, CI and PWD Districts shall be screened from adjacent uses and streets by a six-foot hedge, fence or other structure.

5. Construction Sheds or Trailers. Construction sheds or trailers shall be permitted in any district of the Borough, subject to the following restrictions:

A. Such construction trailers and construction sheds shall be located on the lot on which construction is progressing and shall not be located within 25 feet of the boundary line of any abutting residential lot.

B. Such construction trailers and construction sheds shall be used only as temporary field offices and for storage of incidental equipment and supplies, and not for any dwelling use whatsoever.

C. No combustible materials shall be stored in the construction trailer or construction shed.

D. All construction trailers or construction sheds shall have at least 10 feet on all sides for clearance. Two or more construction trailers can be joined for passage from trailer to trailer.

E. Such construction trailers shall not be moved to or construction sheds erected on a construction site until the date on or after which construction actually commences and shall be removed from such site within 30 days after completion of construction. If construction is interrupted and ceases for more than 60 days, the construction trailer shall be removed until actual construction commences again.