The following provisions shall apply to all
nonconforming uses:
A.
A nonconforming use may be continued, except that
it shall not be extended, expanded or changed, unless to a conforming
use, except when permitted as a special exception by the Zoning Hearing
Board in accordance with the following:
B.
Any nonconforming structure damaged by fire, flood,
explosion or other casualty may be reconstructed and used as before
if such reconstruction is performed within 12 months of such casualty
and if the restored structure has no greater coverage and contains
no greater cubic content than before such casualty.
C.
In the event that a nonconforming use, conducted in
a structure or otherwise, ceases, for whatever reason, for a period
of one year or is abandoned for any period, such nonconforming use
shall not be resumed.
The following provisions shall apply to accessory
uses:
A.
The exterior storage of not more than one motor vehicle
which does not have a current inspection sticker shall be considered
an accessory use, but two or more shall constitute an auto salvage
business and shall not be permitted as an accessory use.
B.
Home office. The pursuit of vocational or avocational
interests by a resident shall be permitted as an accessory use to
a dwelling, provided that:
(1)
Such activity is clearly subordinate to the dwelling,
does not occupy more than 25% of the floor area of one floor, does
not entail internal or external alterations or construction features
not customary in dwellings and there is no external evidence of any
nonresidential activity.
(2)
In connection with which there is no display or sign
other than a name plate, no mechanical equipment used other than normal
domestic or household equipment, no facilities which are dangerous
or incompatible with the residential environment, and no selling of
a commodity or nonprofessional service on the premises.
(3)
In connection with a home office, not more than one
assistant is employed and no colleagues or associates use such office.
(4)
One additional off-street parking space shall be provided
for each 200 square feet of floor area devoted to such activity.
(5)
Reasonable safeguards are established against detrimental
emission of smokes, fumes, odors, dust, noise, vibration, glaring
light or visual blight or pollution of any kind.
(6)
Only one home office shall be permitted in each single-family
dwelling.
(7)
Any home office permitted under this section must
be customary and incidental to the residential use.
C.
Family day care of up to seven children at any one
time is a permitted accessory use to a single-family dwelling.
D.
Swimming pools. Every private swimming pool shall
be enclosed by a fence constituting a barrier to small children, four
feet in height at all points and with a gate in said fence which shall
be locked when the pool is not in use or under the supervision of
the owner or other designated responsible person of the premises upon
which it is installed. Private swimming pools of the aboveground type
which have vertical walls of at least four feet from ground level
and removable steps shall not be required to be fenced.
E.
Backyard
chickens; chicken coops and chicken runs.
[Added 4-12-2021 by Ord. No. 759]
(1)
Backyard chicken permit required. No person may own, keep, or harbor
any chickens or erect, alter, or relocate a chicken coop or chicken
run within the Borough of Churchill without first obtaining a backyard
chicken permit. An application for a backyard chicken permit shall
be made in writing and on such forms as established by the Borough
and shall be accompanied by the prescribed permit fee in an amount
to be established by resolution of the Churchill Borough Council.
The issuance of a backyard chicken permit shall not obviate the necessity
for compliance with all other Borough ordinances.
(a)
The initial backyard chicken permit shall be valid for one year
from the date of issuance. Renewal of the backyard chicken permit
shall be required annually. The holder of the backyard chicken permit
must request renewal, in writing, and pay any applicable renewal permit
fees annually by the anniversary date of the original backyard chicken
Permit issued by the Borough.
(b)
No backyard chicken permit, or permit renewal, may be denied,
suspended, or revoked without written notice from the Borough Manager.
The applicant or holder of the permit may appeal the decision in writing
to the Borough Manager within 10 business days of their receipt of
the notice. The applicant or holder of the permit will be given an
opportunity to appeal the decision before the Borough Council. The
decision of the Borough Council hearing the appeal, or any decision
by the Borough Manager which is not appealed within 10 business days,
shall be deemed final action.
(c)
Renters or nonowner-occupants that wish to keep chickens on
property that they are renting must include written permission from
the property owner or landlord that explicitly states that the renter
has permission to own chickens on the subject property. Such written
permission shall be supplied to the Borough as part of the backyard
chicken permit application. The property owner or landlord shall be
considered a co-applicant to the backyard chicken permit and shall
be jointly and severally responsible for any violations of this section
caused by the renter or occupant.
(2)
General health and safety regulations for the keeping of chickens.
(a)
Chickens may be kept for personal use and enjoyment only, as
an accessory use by permit, subject to the issuance of a backyard
chicken permit by the Borough of Churchill, only in the rear yards
of single-family residential dwellings located in R-1, R-2, R-3 and
R-4 Zoning Districts in the Borough of Churchill.
(b)
No holder of a backyard chicken permit shall keep more than
four chickens. Roosters, other species of fowl and other farm animals
are strictly prohibited on residential properties.
(c)
No person shall keep or harbor chickens in the Borough in a
manner that creates an offensive odor, excessive noise, or unsanitary
conditions, or disturbs neighboring residences or threatens public
health.
(d)
Chickens shall not be permitted to run at large.
(e)
No person shall slaughter or butcher any chicken or sell any
portion or product of chickens within the Borough of Churchill, including
eggs.
(f)
It shall be unlawful for any person to spread or cause to be
spread or deposited upon any ground or premises within the Borough
of Churchill any chicken manure. However, chicken manure may be composted
on the property where the chickens are housed and the fully composted
material may then be applied to the property's gardens or yard.
(g)
Chickens shall be provided with access to clean feed and clean
water at all times. All feed, water and other such items associated
with the keeping of chickens shall be properly stored in solid sanitary
covered metal containers so as to prevent the infestation of rats,
mice or other rodents or vectors.
(h)
All chickens shall be afforded veterinary care and shall be
vaccinated in accordance with veterinary recommendations. Ill or injured
chickens must be removed from the chicken coop promptly and examined
by a licensed veterinarian if they exhibit symptoms of illness or
injury.
(i)
Physical abuse or neglect of chickens is prohibited and shall
be considered a violation of this section.
(3)
Chicken coops and chicken runs.
(a)
Chickens coops and chicken runs shall be considered an accessory
structure to be constructed and maintained upon the issuance of a
backyard chicken permit.
(b)
Chicken coops and chicken runs shall be permitted to be constructed
in the rear yard only of single-family residential dwellings located
in R-1, R-2, R-3 and R-4 Zoning Districts in the Borough of Churchill.
The chicken coop and chicken run must be located at least 25 feet
away from all property lines.
(c)
All chickens must be kept in a chicken coop at night and during
daylight hours chickens must have access to the outdoors via a chicken
run. Chickens may also forage in a securely fenced enclosure located
in the rear yard, only if supervised, so that they cannot stray or
be attacked by predators. The chickens shall be protected and secured
within the chicken coop during nondaylight hours.
(d)
Upon issuance of an initial backyard chicken permit and upon
construction of the chicken coop and chicken run, the chicken coop
and chicken run shall be subject to inspection by the Borough's Chicken
Inspector. The chicken coop and chicken run shall also be inspected
annually by the Chicken Inspector upon issuance of a backyard chicken
permit renewal.
(e)
If the holder of the backyard chicken permit decides to no longer
keep chickens for personal use and enjoyment, the chicken coop and
chicken run shall be deconstructed and removed from the property within
12 months of the removal of the chickens.
(f)
Regulations for chicken coops.
[1]
Chicken coops shall be designed to provide safe and healthy
living conditions for the chickens, including the provision of shade
from the sun, suitable protection from inclement weather and extremes
in temperature, and adequate ventilation at all times. The coop shall
be kept in good repair and designed to allow easy access to clean
and maintain a sanitary condition.
[2]
Chicken coops shall be enclosed on all sides and shall have
a metal or shingled roof and lockable access doors for security. Openings,
windows, and vents must be covered with vermin-, predator- and bird-proof
wire mesh.
[3]
Materials used for making a coop shall be uniform for each element
of the enclosure, such that the walls are made of the same material
and the roof has the matching shingles or uniform metal covering.
[4]
Chicken coops shall be constructed to provide three square feet
of indoor space per chicken and must allow sufficient roosting space
for each chicken. At least one twelve-inch-by-twelve-inch nesting
box shall be provided in the chicken coop for every two birds.
(g)
Regulations for chicken runs.
[1]
The chicken run shall be designed to provide safe and healthy
living conditions for the chickens. It shall be kept in good repair
and must be capable of being maintained in a clean and sanitary condition.
[2]
The chicken run shall be attached to the chicken coop and shall
be built to accommodate a minimum of four square feet per chicken,
and to allow sufficient space for chickens to flap their wings and
move about freely. Chickens may also forage in a securely fenced enclosure
located in the rear yard, only if supervised, so that they cannot
stray or be attacked by predators.
[3]
The chicken run shall consist of a durable support structure
with three walls and a roof covered with vermin, predator, and bird-proof
wire mesh. A lockable door to the chicken run must be installed to
allow for human access to the chicken run and for security.
[4]
The chicken run shall provide sufficient sun and air exposure
to allow natural lighting for the chickens and to allow the ground
to dry below the coop and run where the chickens are confined.
[5]
The chicken run shall be designed to prevent injury to the chickens.
[6]
The chicken run must include a stable ramp up into the chicken
coop. The ramp should be covered with a slip-reducing surface to prevent
injury to the chickens.
(4)
Violations. Any person found by the Borough Zoning Officer and/or
Chicken Inspector to be keeping chickens in such a matter that is
a nuisance to neighboring properties; is inhumane treatment of the
chickens; has a chicken coop or chicken run that does not comply with
this section; or has committed any other violation of any standard
of this section, shall be subject to the following, in addition to
the remedies and penalties set forth in Section 617.2 of the Pennsylvania
Municipalities Planning Code:
(a)
First step: The person shall be issued a letter of warning from
the Borough Zoning Officer, requiring the person to remedy the violation
within 10 days and warning that enforcement action will commence within
10 days of the date of the letter if the violation is not remedied.
(b)
Second step: If the person fails to remedy the violation within
10 days of the letter of warning, the Borough may initiate an enforcement
action and/or shall have the right to revoke the backyard chicken
permit.
(c)
If the Borough is notified that chickens are being kept in a
manner which rises to the level of animal cruelty, the Borough shall
make a report of the suspected animal cruelty to a Humane Society
Police Officer for Allegheny County, as designated by the Pennsylvania
Department of Agriculture.
The following uses may be authorized with such
conditions as are deemed appropriate by the Zoning Hearing Board.
A.
Living quarters in an accessory structure as an accessory
use to a single-family house to accommodate domestic employees of
the residents of the principal structure.
B.
Temporary structures and trailers used in conjunction
with construction work may be permitted only during the period that
the construction work is in progress. Permits for temporary structures
shall be issued for no longer than a six-month period.
[Amended 5-8-2017 by Ord.
No. 736]
Any sign hereafter erected, altered, relocated, remodeled, enlarged, or maintained shall comply with the provisions of this section, the Borough Building Code (Chapter 142), and any other applicable ordinances, statutes and regulations.
A.
A sign permit shall be obtained from the Zoning Officer prior to
the erection, alteration, relocation remodeling of any sign, except
as specified herein. An application for a sign permit must be filed
with the Manager or the Manager's designee. The applicant shall provide
sufficient information for the Borough to determine whether the proposed
sign is permitted in accordance with this section.
B.
General regulations.
(1)
Prohibited signs. Except where explicitly permitted as temporary
signs, the following types of signs are prohibited in all zoning districts:
(a)
Flashing or animated signs.
(b)
Signs painted directly onto a building or structure.
(c)
String pennants or banners.
(d)
Bare bulb, light strings or search lights.
(e)
Sandwich board signs.
(f)
Signs which by reason of color, shape, location, or other characteristics
or signs that use admonitions such as "stop," "go," "slow," or "danger"
which might be confused with legitimate traffic-control devices.
(g)
Signs affixed to vehicles when the primary purpose of the vehicle
is for advertising, e.g., mobile billboards.
(2)
Exempt signs. The following types of signs shall be exempt from the
regulations set forth in this section:
(a)
Signs erected by or on behalf of a governmental body, including
but not limited to legal notices, identification and informational
signs, signs or banners promoting a civic or educational cause or
purpose and traffic, directional or regulatory signs.
(b)
Official signs of a noncommercial nature erected by public utilities.
(c)
Address or identification signs not exceeding two square feet
and attached to a wall of the structure, indicating the address and
occupants of the structure, a permitted home occupation, or in the
case of a multiple occupancy structure, the name of the owner and/or
management agency.
(d)
Temporary signs.
C.
Location/placement.
(1)
All signs shall be located on the same lot containing the use or
structure to which the sign relates except for authorized billboards
and off-lot directional signs.
(2)
No sign mounted on a building or roof shall project above the highest
roof beams of a flat roof, or the mean level of the highest gable
or slope of a hip roof.
(3)
No sign shall be attached to a utility pole or tree whether on private
or public property unless specifically authorized by this section.
(4)
No sign shall obstruct in any way clear sight distances at intersections.
(5)
No sign shall be erected in or projecting over any public right-of-way
unless specifically authorized by this section.
D.
Illumination.
(1)
Illuminated signs shall be designed and placed so as not to interfere
with, distract, or blind operators of motor vehicles or to create
glare on adjacent properties.
(2)
Signs may be illuminated in the following ways when permitted in
the sign regulations for the zoning district.
(a)
Directly illuminated sign. A sign designed to give forth artificial
light directly (or through a transparent or artificial material) from
a source of light internal to the sign, including exposed lamp signs.
(b)
Indirectly illuminated sign. A sign with a light or lights external
to the sign, such that the light shines on or illuminates the sign
and in such a way that no direct rays therefrom are visible elsewhere
on the property.
(c)
Neon tube illumination. A sign consisting of a light source
supplied by a neon tube which is bent to form letters, symbols or
other shapes.
E.
Design criteria. In order to encourage high quality and variety in
design of permanent signs, particularly for commercial uses, the Zoning
Officer will consider the following criteria:
(1)
It is legible in the circumstance in which it is seen.
(2)
It is appropriate to the specific building on which it is located,
and compatible with surrounding uses, in terms of type, placement,
size, color and lighting.
(3)
It does not cover or interrupt significant or traditional architectural
features of the building on which it is located.
(4)
It complies with all specific requirements of this section.
F.
Double frontage, corner lots. Where a use fronts on more than one
public street, it may locate one sign on each street frontage. Each
sign shall comply with size and other applicable requirements. The
permissible sign size for one frontage shall not be combined with
that for the other frontage for the purpose of placing the combined
sign area on one frontage.
G.
Double-face signs. In computing the square-foot area of a double-face
sign, only one side shall be considered provided both faces are identical.
If the interior angle formed by the two faces of the double-faced
sign is greater than 45°, then both sides of such sign shall be
considered in calculating the sign area.
H.
Materials and maintenance. Permanent signs shall be constructed of
durable materials, maintained in good condition and repair and kept
clean. If a sign deteriorates to an unsightly, unclean or hazardous
condition, the Zoning Officer shall order it repaired, replaced or
removed.
I.
Removal. If a use ceases operation for a period of two months, all
signs, including any supporting structures, shall be removed. If the
signs are not removed, the Zoning Officer shall order them removed.
J.
Multiple-occupancy buildings.
(1)
Where several businesses use or occupy a building, each business
shall be entitled to a share of the building's allowable sign area,
which share shall be equal to the proportionate amount of the floor
area that the business occupies to gross floor area of the building.
(2)
In any commercial district, nameplates or similar identification
signs, not exceeding five square feet in sign area, identifying building
occupants may also be attached to a wall of the structure adjacent
to the principal entrance or permanently painted or applied to a window
in the door of the structure.
(3)
The owner/agent shall develop guidelines which promote the use of
signs by individual occupants that are similar or compatible in terms
of size, type, style, color, lighting and other design characteristics.
(4)
It shall be the responsibility of the owner or management agent of
a multiple-occupancy building to provide all occupants with suitable
sign space in accordance with the provisions of this section. Failure
of the owner/agent to do so shall not constitute a basis for granting
a variance to any sign requirements.
K.
L.
Commercial districts.
(1)
Authorized types of signs and maximum size.
(a)
One wall sign, not to exceed one square foot for every one foot
of building frontage but not more than 32 square feet in sign area.
(b)
An awning or canopy sign.
(c)
A window graphic sign, not exceeding more than 20% of the total
window area.
(d)
A freestanding sign, not to exceed six square feet in sign area,
with maximum height of 55 inches, except as permitted in a shopping
center, commercial campus/center or similar unified complex as described
herein.
(e)
Incidental signs may be displayed in any window provided they
do not cover more that 15% of the window's area.
(f)
Off-lot directional signs, not to exceed six square feet in
sign area, with a maximum height of 55 inches, including post. Such
signs may be erected on private property, subject to the approval
of the property owner. If located along a public street, the location
and spacing of such signs shall be approved by PennDOT, the county
and/or Borough, as applicable.
(g)
On-lot directional signs displayed on private property, not
exceeding six square feet in sign area or 55 inches in height per
sign.
(2)
Illumination. Except as otherwise provided, signs in commercial districts
may be illuminated in any manner authorized by this section.
(3)
Other requirements.
(a)
Unless otherwise allowed by this section, a single business
establishment shall have no more than one principal identification
sign.
(b)
A shopping center, commercial campus/center or similar unified
complex may have one freestanding sign which identifies the name of
the center or complex and/or individual business occupants, not to
exceed 100 square feet. In addition, each business within the center
or complex may have an identification sign which complies with the
provisions of this section.
(c)
A freestanding sign shall only be authorized if:
[1]
The business fronts on a public street.
[2]
The principal structure is set back 20 feet or more from the
street right-of-way.
[3]
The zoning lot has a frontage of 100 feet or more.
[4]
The sign is set back at least six feet from a street right-of-way
and at five feet from any side lot line.
[5]
The sign does not exceed 55 inches in height (including sign
and supporting structure) except as permitted in a shopping center,
commercial campus/center or similar unified complex as described herein.
[6]
The sign is not located within 40 feet of another freestanding
sign six square feet or more in sign area.
(d)
Wall signs shall be located in a continuous portion of a building
facade unbroken by doors, windows or major architectural details.
Typically, the signable wall area of a building will be the area between
the lintel bar and the parapet of a one-story building or between
the lintel and the floor level of the floor above in the cases of
a multistory building. A wall sign which pertains to an establishment
located above the first floor may extend as high as the window sill
of the third story but no higher. Wall signs shall not project more
than 12 inches from the building wall.
(e)
Signs shall only be placed on awnings or canopies which are
made of canvas or canvas-like material, retractable and sloping rather
than rounded. Such signs shall only be indirectly illuminated.
(f)
Bond. Prior to any sign being erected in a commercial district
or for a commercial use, the property owner shall deposit with the
Borough a cash bond in an amount equal to the estimated total cost
to remove the sign. The property owner shall provide a written estimate,
subject to the approval of the Borough, to establish the bond amount.
The cash bond will be held by the Borough in a non-interest-bearing
escrow account to ensure the timely and workmanlike removal of the
sign upon the expiration of the use. The cash bond will be returned
to the property owner upon removal of the sign after inspection and
approval by the Borough.
M.
Billboards. Billboards are considered a principal use and shall be
permitted as a special exception in commercial districts where the
following criteria are met:
(1)
Size. The size of any one billboard shall be limited to a maximum
sign area on one square foot for every foot of property frontage on
the street right-of-way, but in no case shall exceed 250 square feet
in sign area.
(2)
Regulations.
(a)
A sign structure shall contain no more than one billboard.
(b)
No billboard shall project above the ridge line of a sloping
roof or the eave line of a flat roof, if attached to a building.
(c)
No billboard shall exceed 25 feet in height if freestanding,
as measured at ground level at the base of the sign.
(d)
No billboard shall be closer than 500 feet to any other billboard,
place of worship, school, recreational facility (public or nonprofit),
residential district or located in such a way that the advertising
face is visible from a residential district.
(e)
No billboard shall be painted directly on the wall of any building.
(f)
There shall be no more than one billboard structure placed on
a lot.
(g)
No billboard shall be located within 100 feet of the nearest
edge of any street right-of-way. Any billboard located along and visible
from a highway which is designated as part of the federal interstate
or primary aid system shall comply with state regulations for outdoor
advertising signs and the applicant shall obtain the required permits
from PennDOT.
(h)
All applications for the erection of a billboard shall be accompanied
by evidence of property ownership or a lease or other permission from
the landowner to erect the billboard.
(i)
Billboards may be illuminated subject to the following:
[1]
Flashing, moving, or intermittent lights are prohibited.
[2]
Lighting shall not cause glare or impair the vision of the driver
of any motor vehicle or otherwise interfere with a driver's operation
of a motor vehicle, nor shall it interfere with the effectiveness
or obscure an official traffic sign, device or signal.
N.
Temporary signs.
(1)
No temporary sign shall encroach into the public right-of-way or
obstruct the view of motorists in any required clear sight triangle.
(2)
One temporary sign may be located on a property when:
(a)
The owner consents and that property is being offered for sale
or rent by the owner or through a licensed real estate agent; and
(b)
For a period of five days following the date on which a contract
of sale or lease has been executed by a person purchasing or leasing
the property.
(c)
The owner is opening the property to the public on a given day;
provided, however, the owner may not use this type of sign in a residential
district on more than six days in a year.
(3)
The sign face of any temporary sign, unless otherwise limited in
this section, must not be larger than six square feet and not more
than 72 inches from ground as measured from bottom of sign, including
vertical post.
(4)
Temporary signs shall be set back at least 10 feet from any property
line.
(5)
Billboards and other off-site commercial advertising shall not be
permitted as a temporary sign.
A.
Off-street parking spaces shall be provided in accordance
with the specifications of this section whenever any new use is established
or existing use is enlarged.
|
Use
|
Parking Spaces Required
| |
|---|---|---|
|
Multifamily dwellings, one bedroom
|
1 1/2 for each dwelling unit
| |
|
Multifamily dwellings, two or more bedrooms
|
Two for each dwelling unit
| |
|
Banks
|
One for each 250 square feet of gross floor
area
| |
|
Business services
|
One for each 250 square feet of gross floor
area
| |
|
Church
|
One for every four seats in the main meeting
room
| |
|
Light manufacturing spaces
|
One for each 500 square feet of gross floor
area
| |
|
Group housing/personal care
|
One for every three beds
| |
|
Enclosed use not elsewhere classified
|
One for every 500 square feet of gross floor
area
| |
|
Exterior use not elsewhere classified
|
Two for every acre of land improved for public
access
| |
|
Funeral home
|
Eight for each reposing room, 24 minimum
| |
|
Motels
|
One for every rental unit plus one per employee
| |
|
Office, clinics
|
One for every 300 square feet of gross floor
area
| |
|
Retail stores
|
One for every 175 square feet of gross floor
area
| |
|
Church, school
|
One for every four seats in the largest meeting
room
| |
|
Single- and two-family dwelling
|
Two for each dwelling unit
|
B.
No off-street parking space shall have an area fewer
than 200 square feet exclusive of access drives.
C.
Any off-street parking lot shall be graded for appropriate
drainage and surfaced so as to provide a durable and dustless surface.
Continuous six-inch curbing shall be installed to assure safe and
efficient flow of traffic, prevent encroachment onto required yards
and direct stormwater, and such curbing shall be installed in compliance
with an approved site plan. Parking aisle separators, sidewalks and
landscape plantings shall be provided as required and approved by
Borough Council. Parking perpendicular to the grade shall be permitted
up to a grade of 5%; parking parallel to the grade shall be permitted
up to a grade of 7%; no parking shall be permitted on a grade in excess
of 7%.
D.
Any lighting used to illuminate an off-street parking
lot shall be arranged so as to reflect light away from adjoining premises
in any R District.
E.
Parking spaces suitable for the needs of the handicapped
will be provided as approved on the site plan and signs, railings
and ramps will be provided as appropriate to the site.
F.
Alternate parking. Borough Council Supervisors may
require or approve alternate design standards for off-street parking
in response to unusual conditions such as a clearly documented difference
between expected parking load and required parking spaces, provided
that any reduction in the number of required spaces so granted shall
be offset by a reserved area for future installation of a like number
of spaces to be so improved at the discretion of Borough Council.
G.
When determination of off-street parking results in
a requirement of a fractional space, any fraction shall be counted
as one parking space.
H.
Off-street parking spaces shall be located on the
same development lot as the principal use or on an adjacent lot in
the same development district.
Any use which constitutes a public nuisance
or which does not comply with the requirements of this section is
prohibited. In order to determine whether a proposed use will conform
to the requirements of this chapter or is a public nuisance, the Borough
Council may obtain a qualified consultant to testify whose cost for
services shall be borne by the applicant.
A.
Fire protection. Fire prevention and fire-fighting
equipment acceptable to the Board of Fire Underwriters Fire Official
shall be readily available when any activity involving the handling
or storage of flammable or explosive materials is carried on.
B.
Electrical disturbances. No activity shall cause electrical
disturbance adversely affecting radio or other equipment in the vicinity.
C.
Noise. Noise which is determined to be objectionable
because of volume, frequency or beat shall be muffled or otherwise
controlled, except fire sirens and related apparatus used solely for
public purposes shall be exempt from this requirement. Any standard
set by an appropriate governmental agency shall be used as a guide.
D.
Vibrations. Vibrations detectable without instruments
on neighboring property in any district shall be prohibited. This
standard will apply as to its effect not only to neighboring properties,
but to other occupied or unoccupied tenant space.
[Amended 6-12-2001]
E.
Odors. No malodorous gas or matter shall be permitted
which is discernible on any adjoining lot or property. This standard
will apply as to its effect not only to neighboring properties, but
to other occupied or unoccupied tenant space.
[Amended 6-12-2001]
F.
Air pollution. No pollution of air by fly ash, dust,
smoke, vapors, or other substance shall be permitted which is harmful
to health, animals, vegetation or other property. This standard will
apply as to its effect not only to neighboring properties, but to
other occupied or unoccupied tenant space.
[Amended 6-12-2001]
G.
Glare. Lighting devices which produce objectionable
direct or reflected glare on adjoining properties or thoroughfares
shall not be permitted.
H.
Erosion. No erosion by wind or water shall be permitted
which will carry objectionable substances onto neighboring properties.
This standard will apply as to its effect not only to neighboring
properties, but to other occupied or unoccupied tenant space.
[Amended 6-12-2001]
I.
Water pollution. No water pollution as defined by
the standards established by the Pennsylvania Department of Environmental
Protection.
J.
Dumping. No refuse or other substances, such as pool
water shall be disposed or discharged onto neighboring properties.
This standard will apply as to its effect not only to neighboring
properties, but to other occupied or unoccupied tenant space.
[Amended 6-12-2001]
No zoning permit shall be issued for any use
upon any lot except a one-family home until a site development plan
has been submitted, reviewed and approved in accordance with the following
provisions. However, existing structures where the occupancy is being
changed without any change in use category and where no new construction
or addition to structures or change in the site are exempt from this
requirement.
A.
The application shall consist of not fewer than seven
copies of the letter of application together with not fewer than seven
prints of each drawing submitted as part of the proposed site development
plan. The proposed site development plan shall be drawn by a licensed
architect, engineer, planner, surveyor or landscape architect in accordance
with standard architectural and engineering practices to clearly,
indicate the following:
(1)
Property lines and total acreage of the parcel proposed
for development.
(2)
All existing streets, sidewalks, rights-of-way and
easements related to the development.
(3)
The location of existing driveways on adjacent properties.
(4)
The location of relevant natural features including,
but not limited to streams or other natural water courses and adjacent
lands which are subject to flooding and significant stands of existing
trees.
(5)
The location of existing structures, including structures
located on abutting property if within 50 feet of the common property
line.
(6)
Required front, side and rear yard lines and any required
building line.
(7)
Contour lines at two-foot intervals where average
slope is 10% or less and five foot intervals where average slope exceeds
10% and 20 foot intervals where average slope exceeds 25%.
(8)
Location, dimensions, total square footage and ground-floor
elevations of proposed structures, walkways, driveways, entrances,
parking facilities, loading spaces, landscaping, signs, lighting facilities,
fences or walls, fire hydrants and fire lanes and other site improvements
or amenities.
(9)
Contours and sufficient elevations to show proposed
grading and data to show gradient of access drives, parking facilities
and surface water runoff.
(10)
Location and approximate size of utilities to
serve the development.
(11)
Schematic elevations at an appropriate architectural
scale.
(12)
Surface water runoff controls.
(13)
Profiles of existing site and profile as changed
by improvements.
(14)
Title block giving name of development, property
owner, developer, north point, date and scale (minimum, one inch equals
50 feet).
(15)
Such other information as may be required by
the Zoning Officer.
B.
Action shall be taken by Council, either approving
or disapproving, within 65 days from the date of the regular Council
meeting at which the site plan first appears as an agenda item. Failure
of Council to so act shall be considered approval of the plan as submitted.
Council may attach such conditions as they deem appropriate to approval.
Approval may be conditioned upon the grant of a variance or of a special
exception by the Zoning Hearing Board where such variance or special
exception is required, but such conditional approval by Council shall
not be binding on the Zoning Hearing Board, and the conditional approval
shall be canceled if the requested variance or special exception is
denied by the Board.
C.
Site plan approval shall not be official until and
unless the site plan as approved by Council and including all conditions
of approval by Council is filed with the Zoning Officer within 90
days of action by Council.
D.
Site plan approval shall be valid from a period of
one year following Council action. If the proposed improvements are
not under construction within one year or completed within two years,
Council approval shall be void.
Council shall not approve a site development
plan unless the following standards are met:
A.
Screening. A planted visual barrier or landscape screen
shall be provided and maintained on any property in a commercial district
which is contiguous to any residential district, except where natural
or physical barriers exist which are deemed to provide an adequate
buffer by the Planning Commission. This screen shall be composed of
plants and trees arranged to form both a low-level and a high-level
screen. The high-level screen shall consist of trees planted with
specimens no younger than three years in age and planted at intervals
of not more than ten feet. The low-level screen shall consist of shrubs
or hedges planted at an initial height of not fewer than two feet,
placed in alternating rows to produce a dense visual barrier. Any
plant not surviving three years after planting shall be replaced.
B.
Storage. Any article or material stored temporarily
outside an enclosed building as an incidental part of the primary
commercial or industrial operation shall be so screened by opaque
ornamental fencing, walls or evergreen planting, that it cannot be
seen from adjoining public streets or adjacent lots when viewed by
a person standing on ground level.
C.
Landscaping. Any part or portion of the site which
is not used for buildings, other structures, loading or parking spaces
and aisles, sidewalks and designated storage areas shall be planted
with an all-season ground cover and shall be landscaped with trees
and shrubs in accordance with an overall landscape plan and shall
be in keeping with natural surroundings. Any off-street parking area
with five or more spaces shall provide a landscaped perimeter for
the parking area of not fewer than 5% of the parking area and not
fewer than five feet in width, which shall be in addition to open
area requirements of the district. At least one tree per five parking
spaces, or portion thereof, shall be provided.
D.
Lighting. All parking areas, driveways and loading
areas, entry ways and pedestrian paths shall be provided with a lighting
system which shall furnish an average minimum of 0.5 footcandle within
such areas during hours of operation. All lighting shall be completely
shielded from traffic on any public right-of-way and from any residential
district, and so that glare shall not exceed 0.25 footcandle when
measured on any adjacent property.
E.
Interior circulation. The interior circulation of
traffic in commercial areas shall be designated so that no driveway
or access lane providing parking spaces shall be used as a through-street.
If parking spaces are indicated by lines with angles other than 90°,
then traffic lanes shall be restricted to one-way permitting head-in
parking. No driveway or street used for interior circulation shall
have traffic lanes fewer than 10 feet in width.
F.
Access. Areas provided for loading and unloading of
delivery trucks and other vehicles and for the servicing of shops
by refuse collection, fuel and other service vehicles shall be adequate
in size and shall be so arranged that they may be used without blockage
or interference with the use of public streets or sidewalks, other
accessways or automobile parking facilities.
G.
Traffic control. No design shall be approved which
is likely to create substantial pedestrian or vehicular traffic hazards
endangering the public safety. Safety requirements which may be imposed
in such a review shall include traffic control devices, acceleration
and deceleration lanes, turning lanes, traffic and lane markings,
walkways and signs. The developer shall be responsible for the construction
of any such traffic control devices.
H.
Stormwater management. Adequate stormwater retention
facilities shall be provided to ensure that stormwater runoff after
development shall not be greater than the runoff which would occur
from the site in its natural state during a storm with a twenty-five
year probability.
The following provisions shall apply to all
uses of land in all districts unless otherwise noted. Certain activities
such as highway construction may be exempt from the following requirements,
provided that such activities are controlled by other governmental
environmental protection agencies and borough reviewing agencies are
satisfied that the spirit and intent of this chapter is being met
through the review processes, bonding requirements and administrative
activities of the appropriate environmental protection agencies.
A.
Any person, partnership or corporation proposing to
dump wastes or hazardous materials on any land within the Borough
of Churchill must first obtain permits from the United States Environmental
Protection Agency and appropriate Pennsylvania and Allegheny County
agencies to certify that such wastes and materials are not hazardous
to the health, safety and general welfare of the residents of the
Borough of Churchill and the surrounding region.
Existing stands of mature woodlands, natural
wetlands and steep slopes from 12% to 25% shall be developed so as
to minimize adverse environmental effects, unnecessary grading and
clearing. Land with slopes exceeding 25% shall be certified by a soils
engineer as being safe for development before any plans shall be approved.
