[Ord. 378, 2/14/2005, § 1400]
The supplementary regulations in this chapter supplement the
requirements of Parts 4 through 10 governing each Zoning District
and shall apply to all uses in all Zoning Districts.
[Ord. 378, 2/14/2005, § 1401]
1.
The following standards shall apply to all permitted uses, conditional
uses and uses by special exception in all Zoning Districts. In order
to determine whether a proposed conditional use or use by special
exception will conform to the requirements of this chapter, the Planning
Commission, Borough Council or the Zoning Hearing Board may require
a qualified consultant whose credentials are acceptable to Council
or the Board to testify, whose cost for services shall be borne by
the applicant.
A.
Fire Protection. Fire prevention and fighting equipment which conforms
to the requirements of the NFPA and ICC (International Code Council)
Fire Prevention Code shall be readily available when any activity
involving the handling or storage of flammable or explosive materials
is carried on.
B.
Electrical Disturbance. No activity shall cause electrical disturbance
adversely affecting radio or other equipment in the vicinity.
C.
Noise. No operation or activity shall cause or create noise in excess
of the sound levels prescribed below. The noise shall be measured
on an "A-weighted" scale of a sound pressure level meter which conforms
to the standards prescribed by the American National Standards Institute
(ANSI), New York, New York, in "Specifications for Sound Level Meters,"
S1.4-1971 or latest revised edition.
(1)
Residential Districts. At no point beyond the boundary of any
lot within these Zoning Districts shall the exterior noise level resulting
from any use or activity located on such lot exceed a maximum of 60
dBA for more than four hours between 7:00 a.m. and dusk nor shall
the exterior noise level exceed 60 dBA for any length of time between
dusk and 7:00 a.m.
(2)
Industrial Districts. At no point on or beyond the boundary
of any lot within these Zoning Districts shall the exterior noise
level resulting from any use or activity located on such lot exceed
a maximum of 65 dBA for more than four hours during any twenty-four-hour
period.
(3)
Boundaries Between Districts. Where two or more Zoning Districts
in which different noise levels are prescribed share a common boundary,
the most restrictive noise level standards shall govern.
(4)
Violations. Any violation of the above Subparagraph 1C(1), (2)
or (3) shall be a violation of this chapter and shall be subject to
the enforcement remedies and penalty provisions of this chapter; however,
other intermittent noises, except those exempted by Subparagraph 1C(5)
below, may be determined to be a nuisance by the Zoning Officer and
shall be subject to penalties and enforcement remedies for a public
nuisance.
(5)
Exemptions. The following uses or activities shall be exempted
from the noise regulations:
(a)
Noises emanating from construction or maintenance activities
between 8:00 a.m. and 6:00 p.m.
(b)
Noises caused by safety signals, warning devices and other emergency
related activities or uses.
(c)
Noises emanating from public or private recreational uses between
7:00 a.m. and dusk.
(d)
Noises emanating from the delivery of public services such as
street maintenance or snow removal.
(6)
Other Applicable Standards. In addition to the above regulations,
all uses and activities within the Borough shall conform to all applicable
County, State and Federal regulations. Whenever the regulations contained
herein are at variance with any other lawfully adopted rules or requirements,
the more restrictive shall govern.
D.
Vibrations. Vibrations detectable without instruments on neighboring
property in any Zoning District shall be prohibited, except for temporary
vibrations associated with construction or maintenance activities
between 8:00 a.m. and 6:00 p.m.
E.
Odors. No malodorous gas or matter shall be permitted which is discernible
on any adjacent lot or property. There shall be no emission of any
malodorous gas or matter which violates the regulations of the Allegheny
County Health Department.
F.
Smoke, Ash, Dust, Fumes, Vapors and Gases. There shall be no emission
at any point for longer than five minutes in any hour of visible gray
or other color smoke with a shade darker than No. 3 on the Standard
Ringlemann Chart issued by the U.S. Bureau of Mines; nor shall there
be any emission at any point from any source which can cause damage
to health, to animals or vegetation or other forms of property or
which can cause excessive soiling at any point.
G.
Lighting and Glare.
(1)
No direct or sky-reflected glare, whether from floodlights or
from high temperature processes shall be visible from adjacent public
streets or adjacent lots when viewed by a person standing on ground
level. For the purposes of interpreting this subsection, glare shall
be defined as direct or indirect light from any source which exceeds
0.2 footcandle on any adjacent property.
(2)
In all Zoning Districts, all lighting devices located within
100 feet of a property line adjacent to residential use or zoning
classification shall be designed with shields, reflectors or refractor
panels which direct and cut off light at a cutoff angle which is less
than 60°. Cutoff angle is defined as the angle formed by a line
drawn from the direction of the light rays at the light source and
a line perpendicular to the ground from the light source above which
no light is emitted. (See Illustration in Appendix 27-C.)
H.
Erosion. No erosion by wind, water or other source shall be permitted
which will carry objectionable substances onto neighboring properties.
All activities shall be subject to the requirements of the Allegheny
County Soil Conservation Service and shall be governed by any permits
issued by that agency.
I.
Water Pollution. Water pollution shall be subject to the standards
established by the Pennsylvania Department of Environmental Protection
(DEP).
J.
Determination of Compliance with Performance Standards. During the
review of an application for zoning approval, the applicant may be
required to submit data and evidence documenting that the proposed
activity, facility or use will comply with the provisions of this
section. In reviewing such documentation, the Borough may seek the
assistance of any public agency having jurisdiction or interest in
the particular issues and the Borough may seek advice from a qualified
technical expert. All costs of the expert's review and report
shall be paid by the applicant. A negative report by the technical
expert and the applicant's refusal or inability to make alterations
to ensure compliance with this section shall be a basis for denying
approval of the application.
K.
Continuing Enforcement.
(1)
The Zoning Officer shall investigate any purported violation
of the performance standards and, subject to the approval of Borough
Council, may employ qualified technical experts 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 performance standards,
said costs shall be borne by the Borough.
(2)
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 § 27-1704B of this chapter and a reasonable length
of time to correct the violation. Failure to correct the violation
shall be subject to the penalty provisions of this chapter and shall
result in the revocation of the occupancy permit for the facility
or use.
[Ord. 378, 2/14/2005, § 1402]
1.
Buffer Areas Required.
A.
Buffer areas shall not be required along property lines which adjoin
a public street right-of-way.
B.
Buffer Area A shall be required for development in the I-1 Zoning
District along all property lines adjacent to an "R," "P" or "S" Zoning
District when construction of any new building or structure is proposed.
C.
Buffer Area B shall be required for development in the R-2 Zoning
District along all property lines adjacent to an "R," "P" or "S" Zoning
District when the construction of any new building or structure is
proposed.
D.
Buffer Areas A, B or C shall also be required for any conditional
use or use by special exception when the express standards and criteria
for the specific use specify a requirement to provide one of these
buffer areas.
2.
Buffer Areas Defined. Buffer areas required by Subsection 1 above are defined as follows and are illustrated in Appendix 27-C:
A.
Buffer Area A shall be a minimum of 35 feet in depth measured from
the property line and shall be comprised of two rows of plantings
which are a mixture of 30% deciduous and 70% evergreen trees spaced
within the rows 10 feet apart, measured from the vertical centerlines
of adjacent trees. In addition to the above-noted required trees,
a continuous row of low-level evergreen shrubs or hedges shall be
planted, or earthen mounding shall be constructed in the buffer area
which shall be a minimum of three feet in height to provide a year-round
visual screen capable of acting as a barrier to light beams emanating
from the headlights of passenger cars.
B.
Buffer Area B shall be a minimum of 25 feet in depth measured from
the property line and shall be comprised of one row of plantings which
are a mixture of 30% deciduous and 70% evergreen trees spaced within
the row 10 feet apart, measured from the vertical centerlines of adjacent
trees. In addition to the above-noted required trees, a continuous
row of low-level evergreen shrubs or hedges shall be planted, or earthen
mounding shall be constructed in the buffer area which shall be a
minimum of three feet in height to provide a year round visual screen
capable of acting as a barrier to light beams emanating from the headlights
of passenger cars.
C.
Buffer Area C shall be a minimum of 10 feet in depth measured from
the property line and shall be comprised of a continuous, compact
evergreen hedge or line of evergreen trees that will grow together
when mature which are a minimum of six feet in height at the time
of planting. On lots which cannot reasonably provide the required
buffer area, a six-foot high screening fence, as defined by this chapter,
may be approved by Borough Council, upon recommendation of the Planning
Commission, during the review of the land development plan.
3.
Conflict Between Buffer Area and Yard Requirements. When the width
of a required buffer area is in conflict with the minimum yard requirements
of Parts 4 through 10, the greater distance shall apply. The buffer
area planting requirement shall be adhered to regardless of what the
yard requirement is.
4.
Existing Structures in Buffer Areas. In instances where an existing structure houses the principal use of the property, and is located within any required buffer area, a buffer area of not less than the minimum distance from the existing structure to the property line shall be required. This reduced buffer area width shall apply only to the yard area which the existing structure encroaches upon. If the existing structure is located within the required buffer area on one side of the building, the required buffer area as determined by Subsection 1 shall apply on all other yard areas. All planting requirements shall be adhered to regardless of the buffer area width.
5.
Existing Trees in Buffer Areas.
A.
Where trees already exist within the required buffer area, these
trees shall remain undisturbed, except that diseased or dead material
may be removed. If it is determined that some healthy trees must be
removed in conjunction with development, a written request to remove
such trees shall be submitted to the Borough, along with an explanation
detailing the rationale for the request. These trees shall not be
removed until the Borough has given written authorization permitting
their removal. This permission shall not be unreasonably denied; however,
those who violate this subsection shall be subject to the maximum
penalties authorized by this chapter.
B.
When any trees, regardless of their physical condition, are removed,
they shall be replaced by trees suitable to the environment. All such
replacement planting shall be in accordance with accepted conservation
practices.
C.
Where existing trees within the required buffer area are substituted
for required plantings, the existing trees shall be protected by a
conservation easement to guarantee that they will not be disturbed
or removed from the approved buffer area, unless they are replaced
by the required plantings.
6.
Size of Trees in Required Buffer Areas.
A.
Any existing trees within the required buffer area which are a minimum
of two inches in diameter at a point one foot above the ground shall
be preserved and shall count as a required tree within the buffer
area. At no point, however, shall any existing trees and required
trees be separated at a distance greater than the distance specified
in the required buffer area.
B.
All trees required to be planted within the buffer area shall be
a minimum of two inches in diameter at a point one foot above the
ground measured along the trunk of the planted tree, which tree shall
be planted in accordance with accepted conservation practices. All
required trees shall be a minimum of six feet in height at time of
planting measured from the ground adjacent to the planted tree to
the top of the tree.
7.
Responsibility for Maintenance. It shall be the responsibility of
the owner/applicant to assure the continued growth of all required
landscaping and/or to replace the same in the event of frost, vandalism,
disease or other reasons for the discontinued growth of the required
trees, shrubs and bushes.
8.
Stormwater Management Facilities in Buffer Areas. When required by
the Borough, stormwater management facilities and structures may be
located within a buffer area; however, the existence of such facilities
or structures shall not be a basis for a failure to meet the planting
requirements in the buffer area.
9.
Landscaping of Open Areas. All yard areas not utilized for parking
facilities, driveways, gardens, the planting of trees or shrubs, flower,
vegetable or herb beds or similar uses must be seeded, sodded or landscaped
within a reasonable period of time. The phrase "a reasonable period
of time" shall be interpreted to be within 30 days after construction
activities are completed, unless those activities are completed between
a November 1 through April 1 time period. In such case, the required
sodding or seeding must occur by May 1.
10.
Landscaping Specifications. Landscaping shall be provided in accordance
with the following specifications:
A.
Planting required in buffer areas as outlined in Subsection 2 shall not be substituted for any required planting mandated in this paragraph.
B.
A landscaping plan, with detailed drawings, prepared by a registered
landscape architect, shall be submitted with the final application
for land development plan approval and this landscaping plan shall
contain and show the following information:
(1)
All required buffer areas with proposed plantings (identifying
each proposed tree, bush or shrub by type and size) drawn to scale
and identifying the height and width of any proposed mounds.
(2)
All required planting independent of any buffer area requirements
(identifying each tree, bush, shrub by type and size, the use of sod
or seeding, etc.) drawn to scale.
(4)
Any existing trees or vegetation which are to be preserved,
accurately identifying type, size and their relative location.
(5)
Any existing trees or vegetation which will be removed, accurately
identifying their type, size and relative location.
C.
For multi-family dwellings, at least one deciduous tree shall be
planted for each four dwelling units or portion thereof.
D.
For nonresidential buildings, at least one deciduous tree shall be
planted for each 2,000 square feet of gross floor area of the building.
E.
All trees which are required to be planted as per the regulations
of this paragraph shall be a minimum of two inches in diameter at
a point one foot above the ground at the time of planting measured
along the trunk of the planted tree which tree shall be planted in
accordance with accepted conservation practices.
F.
Landscaping of open parking areas shall be provided in accordance with Subsection 9 of this section.
G.
All areas not utilized for structures, driveways, planting strips or parking facilities must be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be given the same interpretation given that phrase as it is used in Subsection 9 of this section.
11.
Posting of Bond for Landscaping. A maintenance bond in the form of
cash, certified check or letter of credit shall be posted with the
Borough in the amount of 15% of the total cost of landscaping shown
on the approved landscaping plan or $15,000, whichever is less, for
a period of two years from the date of installation of the landscaping
materials. The maintenance bond shall guarantee replacement of the
required landscaping materials during the term of the bond.
[Ord. 378, 2/14/2005, § 1403]
1.
In addition to the yard requirements specified in each Zoning District,
the following yard requirements shall apply in all Zoning Districts
to the applicable circumstances described below:
A.
Corner Lots. Corner lots shall provide front yards on each street
frontage. The remaining two yards shall constitute side yards.
C.
Accessory Uses and Structures. In all Zoning Districts the following
regulations shall apply to accessory structures:
(1)
Private Swimming Pools Accessory to a Dwelling.
(a)
Swimming pools accessory to a dwelling and all structures appurtenant
thereto, shall be located at least 10 feet from any property line.
Swimming pools shall not be permitted in the front yard. Swimming
pools shall not occupy more than 30% of the rear yard area, as defined
by this chapter.
(b)
All in-ground swimming pools and the equipment necessary for
maintaining the pool shall be completely enclosed by a fence which
is four feet in height and which has a self-closing, self-latching
gate. The dwelling may constitute a part of the required enclosure.
(c)
Above-ground swimming pools, the top of which is at least four
feet above the adjacent ground level on the entire perimeter and which
have removable or retractable steps, shall not be required to be fenced,
if the steps are removed or retracted when the pool is not in use.
All other above-ground pools shall be fenced in accordance with the
requirements for in- ground swimming pools.
(2)
Private Tennis Courts Accessory to a Dwelling. Tennis courts
accessory to a dwelling shall not be permitted in the front yard and
shall be located at least 20 feet from any side or rear property line.
Lighting of the tennis courts shall not be permitted. All tennis courts
shall be enclosed by a fence which is a minimum of 10 feet in height
and a maximum of 12 feet in height and which shall contain openings
equal to 50% or more of the surface area of the fence. Tennis courts
shall not occupy more than 30% of the rear yard area as defined by
this chapter.
(3)
Fences.
(a)
In all Zoning Districts, the finished side of the fence shall
face the street or adjacent property. All fences shall be constructed
at least one inch from the property line, provided no two fences are
constructed along a common property line.
(b)
In "S" Conservancy and "R" Residential Districts, fences no
greater than six feet in height shall be permitted in the required
side or rear yard.
(c)
In "S" Conservancy and "R" Residential Districts, fences shall
not be permitted in the front yard.
(d)
In "I" Industrial Zoning Districts, the maximum height of a
fence shall be 10 feet. Fences shall be located in side or rear yards
only.
(e)
In any Zoning District, fences accessory to schools, parks and
playgrounds shall be no more than 10 feet in height and shall contain
openings equal to at least 75% of the surface area of the fence.
(4)
Satellite Dish Antennas.
(a)
One satellite dish antenna with a diameter of 24 inches or less
shall be permitted on a lot in the "S" or "R" Districts.
(b)
Satellite dish antennas in excess of one meter in diameter may
be located on the roof of any building located in any "I" Industrial
District, provided the maximum diameter shall not exceed six feet
and the maximum height shall not exceed 10 feet above the roof line
when positioned vertically. The height above the roof line shall be
measured from the highest point of the roof for flat roofs, the deck
line for mansard roofs and the mean height between eaves and ridge
for gable, hip or gambrel roofs.
(5)
Radio or Television Antennas.
(a)
Any radio or television antenna which is licensed by the Federal
Communications Commission (FCC) for personal use by private citizens
shall be permitted as an accessory use, subject to the following regulations:
1)
A radio or television antenna structure may be mounted on a
roof or installed in a rear yard only, provided that no such structure
shall be located closer than 10 feet to any property line and shall
be located a minimum of 30 feet from any principal building on adjacent
properties.
2)
The maximum height for any such freestanding structure shall
not exceed 45 feet. Any roof-mounted antenna shall not exceed 10 feet
above the roof line as measured from the highest point on the roof
for flat roofs, the deck line for mansard roofs or the mean height
between the eaves and ridge for gable, hip and gambrel roofs. Any
roof-mounted antenna shall be certified by a structural engineer that
the antenna will not exceed the structural capacity of the building
and will withstand wind loads of up to 100 mph.
(6)
Air Conditioning Condensers, Heat Exchangers and Heat Pumps.
(a)
In "S" Conservancy and "R" Residential Zoning Districts, air
conditioning condensers, heat exchangers and heat pumps shall be located
in the rear yard. Such equipment shall not be located in any required
front or side yard, unless location of the equipment in the rear yard
would be detrimental to the efficient operation of the system and
the equipment may be located in a required front or side yard, provided
it shall not encroach into the required front yard by more than 10
feet and shall be located at least three feet from any side property
line and the installation shall be adequately screened from view from
the street and adjacent residential properties.
(b)
In the "I" Industrial Zoning Districts, roof-top air conditioners
and other mechanicals shall be screened from view from the street
and adjacent residential properties.
(7)
Private Garages and Carports.
(a)
Detached private garages and carports accessory to a single-
family dwelling may be located in the side or rear yard or in the
case of property fronting on an alley, in the front yard facing the
alley, provided that a detached private garage or enclosed carport
or partially enclosed carport shall not be located closer than three
feet to the side or rear property line or front property line adjacent
to an alley. A detached private garage or carport shall not occupy
more than 30% of the rear yard area, as defined by this chapter.
(b)
Shared garages in joint ownership with party walls along property
lines shall be permitted, provided each space is served by a paved
driveway in separate ownership or an easement or other agreement for
a shared driveway is recorded with the deed. Shared garages shall
be located at least three feet from the rear property line and shall
not occupy more than 30% of the rear yard area, as defined by this
chapter.
(8)
All Other Accessory Structures. All other accessory structures including, but not limited to, storage sheds, gazebos, playhouses, decks, patios and porches, shall not be permitted in the minimum required front yard or minimum required side yards, except as may be permitted by § 27-1405, and shall be located at least three feet from the rear lot line.
D.
Visibility at Intersections. No object, including, but not limited
to, fences, hedges, trees and other plantings, buildings, structures,
walls, signs and motor vehicles, exceeding a height of three feet
as measured from the lowest elevation of the centerline of any abutting
street, shall be temporarily or permanently placed, erected, installed
or parked within the clear sight triangle required on a corner lot.
The required clear sight triangle on a corner lot shall be determined
as follows:
(1)
The street lines abutting the corner lot shall form the legs
of the clear sight triangle. Each of the legs shall extend a distance
of 30 feet from the point of intersection of the street right-of-way
lines abutting the corner lot. The hypotenuse of the clear sight triangle
shall be formed by drawing a straight line joining the legs at their
farthest point from the vortex of the triangle.
(2)
An illustration of the Clear Sight Triangle appears in Appendix
27-B.
[Ord. 378, 2/14/2005, § 1404]
1.
The following shall be permitted to project into any required yard
in any Zoning District as follows:
A.
Typical architectural features including, but not limited to, bay
windows, window sills, chimneys, cornices and eaves, shall be permitted
to project into required yards no more than 24 inches.
B.
Decks and their stairs and unenclosed porches without enclosed habitable
foundation and without a roof shall be permitted to project into the
required front yard no more than three feet and shall be no closer
to the rear property line than 20 feet.
C.
Steps and stoops attached to the principal building and open fire
escapes shall be permitted to project into required front, side and
rear yards no more than 36 inches.
D.
Open fire escapes shall be permitted to project into required front,
side and rear yards no more than 36 inches.
E.
Home gardening may be conducted in any required side, rear or front
yard.
[Ord. 378, 2/14/2005, § 1405]
The height limitations of this chapter shall not apply to the
following structures: church spires and belfries, chimneys, domes,
commercial radio and television towers, elevator bulk heads and other
mechanical equipment which is part of the principal structure, conveyors,
flagpoles, silos, standpipes, elevated water tanks, derricks, public
utility structures, and other structures not intended for human habitation
which do not exceed the height limitations of the Zoning District
by more than 20 feet.
[Ord. 378, 2/14/2005, § 1406]
1.
Temporary construction trailers shall be permitted in the I-1 Zoning
District subject to the following conditions:
A.
Temporary construction trailers shall be permitted only during the
period that the construction work is in progress.
B.
A permit for the temporary structure or use shall be obtained from
the Zoning Officer prior to the commencement of construction and shall
be renewed every six months.
C.
Temporary construction trailers shall be located on the lot on which
the construction is progressing and shall not be located within 25
feet of any property line adjacent to residential use.
D.
Temporary construction trailers shall be used only as temporary field
offices and for storage of incidental equipment and supplies and shall
not be used for any dwelling use.
E.
No combustible materials shall be stored in temporary construction
trailers or sheds.
[Ord. 378, 2/14/2005, § 1407]
1.
Each new dwelling unit shall have a minimum gross floor area (excluding
the area in a garage, basement or attic) per dwelling unit as indicated
below:
[Ord. 378, 2/14/2005, § 1408; as amended by Ord. 394, 6/11/2012, § I.G]
1.
Outdoor Storage in Commercial Districts.
A.
Except for nurseries, garden supply, building supply, automotive
service station and similar businesses which require outside storage
of materials, storage and display of materials outside a completely
enclosed structure shall not be permitted. In the case of nurseries,
garden supply, building supply and similar businesses, outside display
and storage areas shall be completely enclosed by a security fence
and shall be screened by an opaque fence or hedge which is at least
six feet in height. All other commercial activities shall take place
within a completely enclosed building.
B.
Temporary display and sales on the site of an existing commercial
business shall be subject to the requirements of § 27-1304M
of this chapter.
C.
All organic rubbish and discarded materials shall be contained in
tight, vermin-proof containers which shall be screened from public
view by an opaque fence or hedge which is at least six feet in height.
2.
Storage of Recreational Vehicles.
A.
The parking and storage of recreational vehicles shall be prohibited
within the right-of-way of any public street or alley and within the
front yards of any lot. Recreational vehicles shall be parked in a
completely enclosed building or in a location where they are not visible
from the public street.
B.
At no time shall such parked or stored vehicle be occupied or used
as a dwelling.
3.
Storage of Commercial and Construction Equipment. Commercial and
construction equipment or vehicles including, without limitation,
trucks with a gross vehicle weight (GVW) of 10,000 pounds or greater,
tractors of 40 horsepower or larger, tandems, tractor-trailers, cargo-moving
equipment and construction or equipment vehicles, shall not be stored
or parked temporarily or permanently in any "S" Conservancy, "P" Public
or "R" Residential District, excluding any vehicle or equipment stored
on a site for work being performed on the property under a valid building
or grading permit or being performed by public works or public utilities
crews.
4.
Storage of Refuse. Outdoor storage of garbage, rubbish, trash, refuse,
junk, or discarded articles is prohibited in every Zoning District,
except that garbage and rubbish stored in appropriate containers originating
from and stored upon lots is permitted, provided, that such garbage
and rubbish is stored and removed in conformance with Ord. 367 and
is removed from the premises not less than as often as required by
the Borough. All areas of storage shall be screened from public view.
[Ord. 378, 2/14/2005, § 1409]
If required by the Borough Subdivision and Land Development Ordinance [Chapter 22], approval of a land development plan shall be required for nonresidential uses involving construction of a new principal building or an addition to an existing building or change of use resulting in an increase in the area of the lot covered by the building and/or paving.
[Ord. 378, 2/14/2005, § 1410]
Where evidence exists from available soils maps and reports
of slide-prone soils or other hazardous soil conditions, at the time
of application for a building permit for a principal building, there
shall be submitted a report of a qualified soils engineer analyzing
the land to be developed and precautions recommended, if any, to be
considered in the design of the development to mitigate landslides,
erosion and sedimentation, stormwater runoff and other impacts on
adjacent properties, as well as the stability of finished slopes and
special foundation design, if warranted.
[Ord. 378, 2/14/2005, § 1411]
1.
Where authorized by this chapter, no-impact home-based businesses
shall comply with the following:
A.
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members
residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling
of inventory of a substantial nature.
D.
There shall be no outside appearance of a business use including,
but not limited to, parking, signs or lights.
E.
No on-site parking of commercially identified vehicles shall be permitted.
F.
The business activity shall not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
G.
The business activity shall not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
H.
The business activity shall be conducted only within the dwelling
and shall not occupy more than 25% of the habitable floor area of
the dwelling.
I.
The business shall not involve any illegal activity.
[Ord. 378, 2/14/2005; as added by Ord. 393, 6/11/2012, § I]
1.
Purpose. The purpose of this section is to create airport zoning
height regulations with respect to the Pittsburgh International Airport.
2.
AIRPORT ELEVATION
AIRPORT HAZARD
AIRPORT HAZARD AREA
APPROACH SURFACE (ZONE)
CONICAL SURFACE (ZONE)
DEPARTMENT
FAA
HEIGHT
HORIZONTAL SURFACE (ZONE)
LARGER THAN UTILITY RUNWAY
NON-PRECISION INSTRUMENT RUNWAY
NONCONFORMING USE
OBSTRUCTION
PRECISION INSTRUMENT RUNWAY
PRIMARY SURFACE (ZONE)
RUNWAY
STRUCTURE
TRANSITIONAL SURFACE (ZONE)
TREE
UTILITY RUNWAY
VISUAL RUNWAY
Definitions. The following words and phrases when used in this section
shall have the meaning given to them in this section unless the context
clearly indicates otherwise:
The highest point of an airport's usable landing area
measured in feet above sea level. The airport elevation of the Pittsburgh
International Airport is 1,204 feet above mean sea level.
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight or aircraft in landing
or taking off at an airport or is otherwise hazardous as defined in
14 CFR Part 77 and 74 Pa.Cons. Stat. § 5102.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this section and
the Act 164 of 1984, (Pennsylvania Laws Relating to Aviation).
An imaginary surface longitudinally centered on the extended
runway centerline and extending outward and upward from each end of
the primary surface. An approach surface is applied to each end of
the runway based on the planned approach. The inner edge of the approach
surface is the same width as the primary surface and expands uniformly
depending on the planned approach. The approach surface zone, as shown
on Figure 27-14-1, is derived from the approach surface.
An imaginary surface extending outward and upward from the
periphery of the horizontal surface at a slope of 20 feet horizontally
to one foot vertically for a horizontal distance of 4,000 feet. The
conical surface zone, as shown on Figure 27-14-1, is based on the
conical surface.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department
of Transportation.
For the purpose of determining the height limits in all zones
set forth in this section, the datum shall be mean sea level elevation
unless otherwise specified.
An imaginary plane 150 feet above the established airport
elevation that is constructed by swinging arcs of various radii from
the center of the end of the primary surface and then connecting the
adjacent arc by tangent lines. The radius of each arc is based on
the planned approach. The horizontal surface zone, as shown on Figure
27-14-1, is derived from the horizontal surface.
A runway that is constructed for and intended to be used
by propeller driven aircraft of greater than 12,500 pounds maximum
gross weight and jet powered aircraft.
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance,
or area type navigation equipment, for which a straight-in non-precision
instrument approach procedure has been approved or planned.
Any pre-existing structure, object of natural growth, or
use of land which is inconsistent with the provisions of this section
or an amendment thereto.
Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth by this section.
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a precision approach
radar (PAR). It also means a runway for which a precisions approach
system is planned and is so indicated on an approved airport layout
plan or any other planning document.
An imaginary surface longitudinally centered on the runway,
extending 200 feet beyond the end of paved runways or ending at each
end of turf runways. The elevation of any point on the primary surface
is the same as the elevation of the nearest point on the runway centerline.
The primary surface zone, as shown on Figure 27-14-1, is derived from
the primary surface.
A defined area of an airport prepared for landing and takeoff
of aircraft along its length.
An object, including a mobile object, constructed or installed
by man, including but without limitation, buildings, towers, cranes,
smokestacks, earth formation and overhead transmission lines.
An imaginary surface that extends outward and upward from
the edge of the primary surface to the horizontal surface at a slope
of seven feet horizontally to one foot vertically. The transitional
surface zone, as shown on Figure 27-14-1, is derived from the transitional
surface.
Any object of natural growth.
A runway that is constructed for and intended to be used
by propeller driven aircraft of 12,500 pounds maximum gross weight
or less.
A runway intended solely for the operation of aircraft using
visual approach procedures.
3.
Applicability. The regulations in this section shall apply to uses
and structures located within areas illustrated on the Pittsburgh
International Airport (PIT) Airspace Plan (Drawing 7c of 19 of the
PIT Airport Master Plan, as amended), which PIT Airspace Plan is incorporated
hereby by reference, which include the following zones as described
in Figure 27-14-1 of this section.
4.
Permit Applications. As regulated by Act 164 and defined by 14 Code of Federal Regulations Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made), in the vicinity of the airport, shall first notify the Department's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department's BOA response must be included with this permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered to be in compliance with the intent of this section. If the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in Subsection 5, "Variance."
A.
No permit is required to make maintenance repairs to or to replace
parts of existing structures which do not enlarge or increase the
height of an existing structure.
B.
No notice or review under this section is required for any of the
following construction or alteration:
(1)
Any object that would be shielded by existing structures of
a permanent and substantial character or by natural terrain or topographic
features of equal or greater height, and would be located in the congested
area of a city, town, or settlement where it is evident beyond all
reasonable doubt that the structure so shielded will not adversely
affect safety in air navigation.
(2)
Any antenna structure of 20 feet or less in height except one
that would increase the height of another antenna structure.
(3)
Any air navigation facility, airport visual approach or landing
aid, aircraft arresting device, or meteorological device, of a type
approved by the Administrator, or an appropriate military service
on military airports, the location and height of which is fixed by
functional purpose.
(4)
Any construction or alteration for which notice is required
by any other FAA regulation.
5.
Variance. Any request for a variance shall include documentation
in compliance with 14 Code of Federal Regulations Part 77 Subpart
B (FAA Form 7460-1 as amended or replaced). Determinations of whether
to grant a variance will depend on the determinations made by the
FAA and the Department's BOA as to the effect of the proposal
on the operation of air navigation facilities and the safe, efficient
use of navigable air space. In particular, the request for a variance
shall consider which of the following categories the FAA has placed
the proposed construction in:
A.
No objection. The subject construction is determined to not exceed
obstruction standards and marking/lighting is not required to mitigate
potential hazard. Under this determination a variance shall be granted.
B.
Conditional Determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in Subsection 8, "Obstruction Marking and Lighting."
C.
Objectionable. The proposed construction/alteration is determined
to be a hazard and is thus objectionable. A variance shall be denied
and the reasons for this determination shall be outlined to the applicant.
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Such requests for variances shall be granted where it is duly
found that a literal application or enforcement of the regulations
will result in unnecessary hardship and that relief granted will not
be contrary to the public interest, will not create a hazard to air
navigation, will do substantial justice, and will be in accordance
with the intent of this section.
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6.
Use Restrictions. Notwithstanding any other provisions of this section,
no use shall be made of land or water within those portions of the
Borough lying within the areas illustrated on PIT Airspace Plan (Drawing
7c of 19 of the PIT Airport Master Plan, as amended), in such a manner
as to create electrical interference with navigational signals or
radio communications between the airport and aircraft, make it difficult
for pilots to distinguish between airport lights and others, impair
visibility in the vicinity of the airport, create bird strike hazards
or otherwise endanger or interfere with the landing, takeoff or maneuvering
of aircraft utilizing the Pittsburgh International Airport.
7.
Pre-existing Nonconforming Uses. The regulations prescribed by this
section shall not be construed to require the removal, lowering, or
other change or alteration of any structure or tree not conforming
to the regulations as of the effective date of this section, or otherwise
interfere with the continuance of a nonconforming use. No nonconforming
use shall be structurally altered or permitted to grow higher, so
as to increase the nonconformity, and a nonconforming use, once substantially
abated (subject to the underlying zoning ordinance,) may only be reestablished
consistent with the provisions herein.
8.
Obstruction Marking and Lighting. Any permit or variance granted pursuant to the provisions of this section may be conditioned according to the conditional determination process described in Subsection 5 to require the owner of the structure or object of natural growth in question to permit the municipality, at its own expense, or require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
9.
Conflicting Regulations. Where there exists a conflict between any
of the regulations or limitations prescribed in this section and any
other regulation applicable to the same area, the more stringent limitation
or requirement shall govern and prevail.
