Borough of Mount Oliver, PA
Allegheny County
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Table of Contents
Table of Contents

§ 260-28 Swimming pools.

A. 
Use regulations. Use regulations shall be as follows:
(1) 
All open, in-ground or aboveground swimming pools are considered structures for the purpose of permits and regulations of this chapter, if they are capable of containing water to a depth greater than 18 inches and have a volume of more than 100 cubic feet.
(2) 
All swimming pools shall be at least six feet from any lot line and shall be protected by a fence not less than four feet high or more than six feet, with a self-closing, self-latching gate and of such a character as is reasonably necessary to prevent access to the pool.
(3) 
The walls and floor of every private residential swimming pool shall be constructed of any material which will provide a tight tank and easily cleaned surfaces. The walls shall be of a smooth finish. The floor or bottom surface of the pool shall have a finish as smooth as is practicable.
(4) 
A cover shall be of strong material having an ability to hold a minimum concentrated load of 100 pounds at any given point without breaking or deflecting into the pool water and shall be securely fastened to the pool when said pool is not in use, but in any event by November 1 of each year. Private residential pools shall remain covered until being placed into service again.
[Amended 2-19-2001 by Ord. No. 850]
(5) 
All electric wiring installed or used in conjunction with any private residential swimming pool shall be in conformity with the National Electrical Code standards and the materials used and the installation shall be subject to the required electrical inspections.
(6) 
No diving board or other diving structure shall be installed for use in connection with a private residential swimming pool, unless approval therefor is obtained from the Allegheny County Health Department.
(7) 
All private residential swimming pools shall be maintained in a clean and sanitary condition in compliance with all applicable regulations of the Department of Health of the County of Allegheny and of the Borough of Mount Oliver.
B. 
Permit procedure.
(1) 
No swimming pool shall be constructed or erected in the borough, except in accordance with a permit therefor previously secured from the Building Inspector, upon written application accompanied by a plan showing the size, shape and location of the swimming pool and its enclosure and such other information as may be necessary to enable the Building Inspector to determine whether the pool complies with all ordinances.
(2) 
The Borough Council shall have such power by resolution, from time to time, to establish reasonable permit fees for the processing of applications for swimming pool permits and the expenses incurred therewith.

§ 260-29 Central air-conditioning units.

A. 
Use regulations. Use regulations shall be as follows:
(1) 
For the purpose of this chapter, an air-conditioning unit shall mean any air-conditioning system, heat exchanger or cooling tower, refrigerant, compressor or mechanical accessories to any such system, where such air-conditioning systems are designed for the air conditioning of all or part of any residence or commercial structure.
(2) 
A permit to install such an air-conditioning unit shall first be secured from the Building Inspector of the Borough of Mount Oliver. The application for such a permit shall be on forms supplied by the Building Inspector and the application shall be accompanied by detailed plans and specifications setting forth the character of the installation, the make and model number, the rated capacity, the location of said unit and such other information as may be requested by the Building Inspector.
(3) 
If the application conforms to all the requirements and if the Building Inspector shall determine the installation of such an air-conditioning unit will not be detrimental to the health, safety and welfare of the residents of the Borough of Mount Oliver by reason of the emission of excess noise, odor and the leakage of condensate, then a permit shall be issued.
B. 
Placement of unit.
(1) 
Residential zoning districts. All central air-conditioning units installed in any residential property shall be placed in the rear of the dwelling unit, no closer to either of the sides of the dwelling unit than five feet and no more distant from the rear wall of said dwelling unit than three feet. All exhaust fans shall be placed so that they face either the rear of the property or vertically.
(2) 
Commercial zoning districts. For residential uses in the C-1 District, the provisions of Subsection B(1) shall apply to central air-conditioning installations. For all other uses in areas designated as C-1 Commercial, central air-conditioning installations may be made under the following restrictions:
(a) 
All outdoor units and exhausts shall be located on the roof of the building.
(b) 
Other locations for outdoor units and exhausts may be approved by the Zoning Hearing Board as a special exception.
(c) 
An outdoor unit or an exhaust from a unit shall not be located within 30 feet of the rear property line and 10 feet from the side lines.
(d) 
The installation of the proposed unit and accessories shall not be detrimental to neighboring properties through emission of noise, odor and leakage of condensate and by being unsightly.[1]
[1]
Editor's Note: Original Section 502.3, which immediately followed this subsection, regarding a penalty for unlawful use of an air-conditioning unit, was deleted 3-20-1995 by Ord. No. 798.

§ 260-30 Utility buildings.

A. 
Use regulations.
(1) 
Utility buildings having a minimum storage area of 170 cubic feet are considered structures for the purpose of this chapter.
(2) 
A utility building may be constructed or erected within the rear yard, if entirely separated from the principal structure by a minimum of three feet. A utility building may be constructed or erected in the rear portion of a lot that abuts upon a road or alley, provided that all parts of the utility building are at least five feet distant from the right-of-way line of such roadway.
(3) 
Utility buildings must be securely fastened to an approved foundation.
(4) 
The total lot area covered by utility buildings and all other accessory buildings and structures shall not exceed 25% of the total area of the rear yard.
B. 
Permit procedure.
(1) 
No utility building shall be constructed or erected in the borough except in accordance with a permit therefor previously secured from the Building Inspector upon written application accompanied by a plan showing the size, shape and location of the utility building and such other information as may be necessary to enable the Building Inspector to determine whether the utility building complies with all ordinances.
(2) 
Borough Council shall have such power by resolution to, from time to time, establish reasonable charges for the processing of said application and the expenses incurred therewith.

§ 260-31 Awnings.

A. 
Fixed or permanent. Except for awning signs authorized as uses by special exception in the C-1 District, it shall be unlawful for any person to construct or install any fixed or permanent awning, any portion of which shall extend into or over any sidewalk.
B. 
Movable or retractable. It shall be unlawful for any person to install any movable awning extending over any part of any sidewalk unless a permit therefor shall have been granted by the Building Inspector, and no such permit shall be granted unless all portions of such awning overhanging any sidewalk shall be at least seven feet above the surface of the sidewalk.

§ 260-32 Satellite dish antennas.

A. 
Only one satellite dish antenna shall be permitted on a residential lot. In all zoning districts, satellite dish antennas shall not be permitted in front yards. In residential zoning districts, the maximum diameter of any satellite dish antenna installed on any lot or on any roof or above any building shall be 10 feet. In districts other than residential, the maximum diameter of any satellite dish antenna installed on any lot or on any roof or above any building shall not exceed 20 feet. In all districts, the maximum height of any freestanding satellite dish antenna shall be 20 feet. In all districts, no part of any satellite dish antenna shall be located closer than 20 feet to any property line.
B. 
This section shall not apply to the cable television company selected to service the borough. The number and size of satellite dishes maintained by such company shall be subject to the terms of the lease agreement and the contract between the borough and the selected cable television company.
C. 
It shall be unlawful to erect or maintain a satellite dish antenna on any property in the borough unless a permit has been obtained from the Building Inspector and the required permit fee, established from time to time by resolution of Borough Council has been paid.

§ 260-33 Fences.

Prior to the construction or installation of any fence, a fence permit shall be obtained from the Building Inspector. All fence permits shall be subject to payment of the required permit fee established from time to time by resolution of Borough Council. All fences shall be constructed of durable materials and shall be maintained in good condition. All fences which completely enclose property shall provide an opening for access. Fences shall be subject to the following regulations:
A. 
Fences accessory to residences. On all properties which are used for single-family, two-family or multifamily dwellings, all fences shall comply with the following provisions:
(1) 
Height. The maximum height of any fence in a required front yard shall be three and one-half (3 1/2) feet. Fences in front yards shall be at least 50% open or see-through. The maximum height of a fence in a side or rear yard shall be six feet and such fences shall be at least 50% open or see-through.
(2) 
Location. All fences shall be permitted to be constructed inside the property line, provided that no portion of the fence shall encroach onto any adjoining property.
(3) 
Privacy fences. The Zoning Hearing Board may authorize a privacy fence, which is less than 50% open or see-through, as a use by special exception, subject to the requirements of § 260-36A and Article X of this chapter for special exceptions and the following express standards and criteria:
(a) 
Privacy fences shall not be constructed on the property line.
(b) 
In determining the location of the privacy fence, the Zoning Hearing Board shall consider the existing conditions on the lot, including but not limited to proximity of adjacent residences, topography, size of rear yard and proposed area to be enclosed, proximity of any alley or street, security concerns and accessibility for public safety vehicles and fire-fighting equipment.
(c) 
Privacy fences proposed on property which adjoins property with a dwelling which has a nonconforming side yard shall comply with Subsection A(2) above.
B. 
Fences accessory to public, semipublic or commercial uses. On all properties which are used for public, semipublic or commercial uses, all fences shall comply with the following provisions:
(1) 
Height. The maximum height of a screening fence, where required by this chapter, shall be six feet. The minimum height of any other fence constructed in a side or rear yard to secure or enclose property shall be eight feet and the maximum height of such a fence in the side or rear yard shall be 10 feet.
(2) 
Type. Fences shall be at least 50% open or see-through, unless otherwise required by this chapter to be opaque for screening purposes.
(3) 
Location. Fences shall not be permitted in the front yard. Fences in the side or rear yard may be located on the property line.

§ 260-34 Supplementary yard regulations.

[Added 3-20-1995 by Ord. No. 798]
A. 
Fences and walls. A fence or wall a maximum of six feet in height, or higher if a retaining wall, may be erected within the limits of any yard not extending beyond the front setback line. Within the front yard, a fence or wall a maximum of 36 inches in height shall be permitted, except as provided in Subsection J below. A fence intended to mark a boundary shall be located either on the boundary line itself or within six inches thereof.
B. 
Fire escapes. Open fire escapes shall not extend into any required yard more than four and one-half (4 1/2) feet.
C. 
Front yards and corner lots. In any district, a lot which abuts on and at the intersection of two or more streets or upon two parts of the same street shall have the required front yard for the district in which it is located for the frontage on both streets.
D. 
Front yards and through lots. In any district, a lot which runs through a block from street to street shall have the required front yard for the district in which it is located for the frontage on both streets.
E. 
Patios and terraces. A paved patio or terrace shall not be considered in the determination of yard sizes or lot coverage if such patio or terrace is unroofed and without walls, parapets or other form of enclosure and does not encroach within 10 feet of any property line. Such patio or terrace may have a fence or railing a maximum of three feet in height.
F. 
Porches and decks. Any porch or deck shall be considered a part of the building in the determination of the size of yards or lot coverage.
G. 
Projecting architectural features. Chimneys, cornices, eaves, gutters and bay windows and similar architectural features may extend not more than two feet into any required yard.
H. 
Structure, attached accessory. Accessory structures, such as garages or carports, which are attached to the principal building shall be considered a part of the building in the determination of the size of the yards or lot coverage.
I. 
Structure, unattached accessory. Unattached accessory structures on residential lots in any district may be erected within the rear or side yards, provided that the minimum height of such structure be limited to one and one-half (1 1/2) stories or 15 feet. For structures greater than 125 square feet in floor area, the minimum distance of such structure from the rear and side property lines shall be as required for the district in which the structure is located; however, in no case shall an unattached accessory structure be permitted closer than 10 feet to a property line.
J. 
Visibility at intersections. On any corner lot in any district, no fence, wall, hedge or other structure or planting more than 30 inches higher than the road surface shall be erected or maintained within 50 feet of the corner so as not to interfere with traffic visibility across the corner.
K. 
In all districts, no principal building or sewage system drainfield shall be permitted within 100 feet of any watercourse, drainage ditch or any other natural drainage area.

§ 260-35 Recreational vehicles and boats.

[Added 3-20-1995 by Ord. No. 798]
In all residential zones provided for in this chapter, it is permissible to park a recreational vehicle or boat and boat trailer in the following manner:
A. 
Parking is permitted inside any enclosed structure, which structure otherwise conforms to the zoning requirements of the particular zone, where located.
B. 
Parking is permitted outside in the side or rear yard, provided that it is not nearer than 10 feet to the lot line.
C. 
The Zoning Hearing Board may authorize, as a special exception, the parking of a recreational vehicle or boat outside on a driveway, provided that:
(1) 
Space is not available in the rear yard or side yard or there is no reasonable access to either the side yard or rear yard. A corner lot is always deemed to have reasonable access to the rear yard; a fence is not necessarily deemed to prevent reasonable access.
(2) 
Inside parking is not possible.
(3) 
The unit is parked perpendicular to the front curb.
D. 
The closest part of the recreational vehicle or boat must be at least 13 feet from the face of any curb.
E. 
No part of the unit may extend over the public sidewalk or public thoroughfare (right-of-way).
F. 
Parking is permitted only for storage purposes, and any recreational vehicle or trailer shall not be:
(1) 
Used for dwelling purposes, except for overnight sleeping for a maximum of seven days in any one calendar year. Cooking is not permitted at any time.
(2) 
Permanently connected to sewer lines, waterlines or electricity. The recreational vehicle may be connected to electricity temporarily for charging batteries and other purposes.
(3) 
Used for storage of goods, materials or equipment other than those items considered to be part of the unit or essential for its immediate use.
G. 
Notwithstanding the provisions of Subsection C above, a unit may be parked anywhere on the premises during active loading or unloading, and the use of electricity or propane fuel is permitted when necessary to prepare a recreational vehicle for use.
H. 
The unit shall be owned by the resident on whose property the unit is parked for storage.

§ 260-36 Criteria for granting uses by special exception.

A. 
General standards. In reviewing any application for any use which is listed in a district as a use by special exception, the Zoning Hearing Board shall determine whether the application complies with the general standards and criteria for uses by special exception listed in this Subsection A, as well as the applicable standards and criteria for the specific use listed in Subsection B below. All applications for uses by special exception listed in each zoning district shall demonstrate compliance with all of the following general standards and criteria:
(1) 
The use shall not endanger the public health, safety or welfare nor deteriorate the environment, if it is located on the site where it is proposed.
(2) 
The use shall comply with the performance standards specified in § 260-37 of this chapter.
(3) 
Unless a more stringent requirement is stated in the standards and criteria for the specific use, the use shall comply with all applicable area and bulk regulations of the district in which the use is proposed to be located.
(4) 
Ingress, egress and traffic circulation on the site shall be designed to ensure safety and minimize congestion and the impact on local streets.
(5) 
Lighting, if proposed, shall be shielded and reflected away from adjacent streets and properties.
B. 
Standards and criteria for specific uses. In addition to the general standards and criteria for uses by special exception listed in Subsection A above, an application for any of the following uses which are listed in any zoning district as a use by special exception shall comply with the applicable standards and criteria specified below.
(1) 
Automobile sales.
(a) 
The minimum site area shall be one acre.
(b) 
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
(c) 
The operation shall not include a wrecking yard, as defined by this chapter.
(d) 
Any outdoor display area for new or used car sales shall be adequately secured by a fence or other appropriate means to ensure safety of the vehicles during nonbusiness hours.
(e) 
The area used for the display of merchandise offered for sale and the area used for the parking of customer and employee automobiles shall be continuously maintained in either concrete, over a base of crushed stone compacted to not less than six inches in depth, or such other surfacing of an equivalent or superior character as may be approved by the Borough Engineer.
(f) 
All such lots used for the outdoor display of automobiles shall have included on the same zoning lot, and as part of the same business facility, a completely enclosed structure of not less than 1,400 square feet of gross floor area, and all repair, servicing, sales and customer car washing shall be located and conducted therein.
(g) 
No article or merchandise shall be displayed outdoors less than five feet from the lot lines of adjacent properties.
(h) 
All lights and light poles shall be located and erected in such a fashion that the closest edge of such structure or equipment shall be not less than 10 feet from the nearest edge of the street right-of-way line, and all lights and illumination shall be directed into the sales area and away from the adjoining streets and adjacent lots.
(i) 
No strings of lights or flags, flashers or any other display paraphernalia shall be permitted on such zoning lot, on any of the structures or poles attached thereto or in or on the merchandise displayed outdoors, except for such signs otherwise allowed under this chapter.
(j) 
No vehicle shall be displayed or offered for sale outdoors which does not have all of the mechanical and body components necessary for the safe and lawful operation thereof on the streets and highways of the Commonwealth of Pennsylvania.
(k) 
All required off-street parking stalls shall be reserved exclusively for the parking of customer or employee automobiles and shall not be used for the display of merchandise. Separation by curb, wall, planting, fence, grass, striping or painting shall be required between the customer parking area and the outdoor display area.
(l) 
Customer vehicles with external damage awaiting repairs shall be located either indoors or in an area outdoors containing at least one parking space for each 200 square feet of floor area devoted to body repair. Such area shall be located and screened in such fashion so that the vehicles therein will not be visible from the public streets or highways or from surrounding properties.
(m) 
All property lines adjoining residential use or zoning classification shall be screened by a buffer area as defined by this chapter which shall be at least five feet in depth measured from the property line.
(2) 
Cemeteries.
(a) 
A minimum site of five acres shall be required.
(b) 
A drainage plan shall be submitted with the application for the use by special exception to show existing and proposed runoff characteristics and shall be subject to approval by the Borough Engineer.
(c) 
Plans for ingress/egress and internal traffic circulation shall be referred to local police officials for comments regarding public safety.
(d) 
All property lines adjoining residential use or zoning classification shall be screened by a buffer area as defined by this chapter which is at least five feet in depth measured from the property line.
(e) 
Parking for principal structures such as chapels or mausoleums shall be provided in accordance with the requirements of § 260-21 for places of assembly.
(3) 
Churches and schools.
(a) 
All property lines adjoining residential use or zoning district classification shall be screened by a buffer area as defined by this chapter which is at least five feet in depth measured from the property line.
(b) 
No storage of equipment or material shall be permitted outside a structure.
(c) 
Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles.
(d) 
Adequate off-street parking and loading facilities shall be provided in accordance with the requirements of §§ 260-15C and 260-21 of this chapter.
(4) 
Clubs and lodges.
(a) 
The minimum lot area shall be 20,000 square feet.
(b) 
Property lines which adjoin residential use or zoning classification shall be screened by a buffer area as defined by this chapter which is at least five feet in depth measured from the property line.
(c) 
Where eating and/or drinking facilities are provided, parking requirements for restaurants shall apply in addition to the parking requirements for the club or lodge.
(d) 
Operations shall be discontinued between the hours of 2:00 a.m. and 6:00 a.m.
(5) 
Day-care centers.
(a) 
The facility shall be licensed by the commonwealth.
(b) 
Ingress and egress to the site shall be designed to assure safety and safe areas for discharging and picking up children shall be provided which do not interfere with the free flow of traffic on adjacent streets.
(c) 
Outdoor play areas shall be provided and shall be secured by a fence with a self-latching gate.
(d) 
Outdoor play areas which adjoin residential lots shall be screened by a buffer area as defined by this chapter which is at least five feet in depth as measured from the property line.
(e) 
In reviewing the application, the Zoning Hearing Board shall evaluate the general safety of the site proposed for a day-care center as it relates to the needs of small children.
(f) 
Off-street parking shall be provided in accordance with the requirements of § 260-21 of this chapter.
(6) 
Day-care homes, as defined by this chapter.
(a) 
The day-care home shall meet all of the express standards and criteria for home occupations specified in § 260-36B(10) of this chapter.
(b) 
Adequate areas for outdoor recreation shall be provided and shall be secured by a fence with self-latching gate.
(c) 
A safe area shall be provided for dropping off and picking up children which does not obstruct the free flow of traffic on any public street.
(d) 
Off-street parking shall be provided in accordance with the requirements of § 260-19.
(7) 
Funeral homes.
(a) 
The minimum site area shall be 20,000 square feet.
(b) 
The site shall have frontage on and direct vehicular access to an arterial or collector street as defined by this chapter.
(c) 
Off-street parking and loading shall be provided in accordance with the requirements of §§ 260-15C and 260-21 of this chapter.
(d) 
All property lines adjoining residential use or zoning classification shall be screened by a buffer area as defined by this chapter which shall be at least five feet in depth measured from the property line.
(8) 
Group homes, group care facilities and personal care boarding homes, as defined by this chapter.
(a) 
The minimum lot area shall be 6,000 square feet; the side, front and rear yard, lot width and building height regulations shall be the same as the requirements for single-family dwellings in the district in which the home is located.
(b) 
A group home shall have direct access to an arterial or collector street as defined by this chapter.
(c) 
No personal care boarding home shall be established within 1,000 feet of another personal care boarding home or group home.
(d) 
No group home shall be established within 2,000 feet of another group home or group care facility or within 1,000 feet of a personal care boarding home.
(e) 
Adequate accessibility shall be provided for emergency medical and fire vehicles.
(f) 
Twenty-four-hour supervision shall be provided by staff qualified by the licensing agency.
(g) 
Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs and the area shall be secured by a fence with a self-latching gate.
(h) 
Where applicable, certification or licensing by the licensing agency shall be prerequisite to obtaining a certificate of occupancy and a copy of an annual report with evidence of continuing certification shall be submitted to the Zoning and Code Enforcement Officer in January of each year.
(9) 
High-rise residential buildings.
(a) 
All high-rise buildings shall be equipped with an elevator.
(b) 
The use shall comply with all area and bulk regulations for high-rise buildings specified in the R-3 District.
(c) 
Each building shall provide a central room for garbage collection.
(d) 
All dumpsters and/or mechanical equipment located outside the building shall be screened by a six-foot-high compact hedge or opaque fence.
(e) 
The results of core borings shall be submitted along with a certification from a registered soils engineer that the proposed foundation design is adequate for the subsurface conditions.
(f) 
Buildings containing 100 or more units shall provide a social or recreational room or facility for the use of the residents.
(g) 
All sides of the high-rise building shall be accessible to fire-fighting equipment. Adequate accessibility shall be provided for other emergency vehicles.
(h) 
The location of the building on the site shall be designed to minimize the impact of the building height on adjoining single-family residential properties.
(i) 
Off-street parking areas shall be screened by a buffer area, as defined by this chapter, which is at least five feet in depth measured from the property line.
(10) 
Home occupations, as defined by this chapter.
(a) 
No more than one person who is not a resident of the dwelling unit shall be employed in the home occupation.
(b) 
There shall be no other exterior display or sign other than that permitted by Article VI of this chapter.
(c) 
Adequate off-street parking shall be provided as required by § 260-19.
(d) 
The use shall not create any additional environmental impact than those impacts normally resulting from residential use.
(e) 
The use shall not cause an increase in the use of water, sewerage, garbage, public safety or any other municipal services beyond that which is normal for the residences in the neighborhood.
(f) 
The use shall not significantly intensify vehicular or pedestrian traffic which is normal for the residences in the neighborhood.
(g) 
The use shall not require internal or external alterations or construction features which are not customary to a dwelling or which change the fire rating of the structure.
(h) 
There shall be no storage of materials or equipment outside an enclosed building. All inside storage shall comply with the provisions of the BOCA Fire Prevention Code governing the storage of flammable and hazardous materials.
(i) 
There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.
(j) 
There shall be no regular display of merchandise or samples available for sale on the premises; however, merchandise may be stored for delivery off the premises.
(k) 
No more than 25% of the total floor area of the dwelling shall be devoted to the conduct of a home occupation.
(l) 
A home occupation shall not be permitted to be conducted in any accessory structure.
(m) 
The use shall comply with the performance standards specified in § 260-37 of this chapter.
(n) 
The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises and commercial vehicles shall not be parked on the premises.
(o) 
The following uses shall not be permitted as home occupations and shall be restricted to the districts in which they are specifically authorized as permitted uses or uses by special exception:
[1] 
Beauty or barber shops which contain more than two chairs.
[2] 
Private instruction to more than two students at a time.
[3] 
Repair garages, as defined by this chapter.
[4] 
Restaurants.
[5] 
Kennels; veterinary offices and clinics.
[6] 
Mortuaries.
[7] 
Private clubs.
[8] 
Vehicle or equipment rental or repair or sales.
[9] 
Clinics, hospitals or nursing homes.
[10] 
Tourist or boarding homes.
(11) 
Mobile home parks, as defined by this chapter.
(a) 
The minimum site required for a mobile home park shall be five contiguous acres.
(b) 
The site of a mobile home park shall be serviced by a public water or state approved private water system and public sewers or state approved private sewage disposal system.
(c) 
Around the perimeter of the mobile home park site there shall be minimum front and rear yards of 50 feet each and minimum side yards of 30 feet each. No portion of an individual mobile home lot may extend into the required perimeter yards. Landscaping, parking and recreational facilities may project into the required perimeter yards if they are at least 20 feet from the exterior property line bounding the site.
(d) 
Individual mobile home lots shall meet the following minimum requirements:
[1] 
Lot area: 6,000 square feet.
[2] 
Lot width: 60 feet.
[3] 
Interior yards:
[a] 
Twenty-five feet from interior access roads.
[b] 
Thirty feet between parallel ends or sides of mobile homes or other principal buildings.
[c] 
Fifteen feet between mobile homes and any other accessory building.
(e) 
Support and anchoring. Individual mobile homes shall be placed upon suitable supports to ensure that the unit will remain level and free from structural damage. Each mobile home shall be provided with an anchoring system to prevent and resist overturning or lateral movement caused by wind forces. Such anchoring shall be equivalent to or exceed NFPA Standard No. 501A-1974 (ANSI A129.3-1975).
(f) 
Skirting. Each mobile home shall be skirted with an enclosure of compatible design and material. Such skirting shall provide adequate ventilation to inhibit the formation of moisture and decay.
(g) 
Common facilities. No less than 10% of the mobile home park site shall be devoted to common facilities for passive and active recreation limited to use by the residents of the mobile home park. Such common facilities may include, but shall not be limited to, community clubs, swimming pools, tennis courts, parks, playgrounds, shelters, hiking trails, hobby areas, laundries and service buildings for resident use.
(h) 
Screening. All property lines adjoining residential use or zoning district classification shall be screened by a buffer area as defined by this chapter which is at least 15 feet in depth measured from the property line.
(i) 
Sidewalks at least three feet in width shall be provided along at least one side of the interior streets.
(j) 
Interior streets shall be lighted.
(k) 
Interior streets to be dedicated to the borough shall be constructed in accordance with the design and construction specifications of the borough for public streets.
(l) 
Interior streets which are not to be dedicated to the borough in accordance with borough Subdivision Regulations shall be constructed in accordance with the following standards:
[1] 
One-way minor streets serving less than 20 lots shall have a minimum paving width of 14 feet. Two-way minor streets serving less than 20 lots shall have a minimum paving width of 16 feet.
[2] 
All other one-way streets within the mobile home park shall have a minimum paving width of eight feet per moving lane where on-street parking is prohibited and shall have a minimum paving width of 10 feet per moving lane where on-street parking is permitted.
[3] 
All other two-way streets within the mobile home park shall have a minimum paving width of nine feet per moving lane where on-street parking is prohibited and shall have a minimum paving width of 10 feet per moving lane where on-street parking is permitted.
(12) 
Nursing homes, as defined by this chapter.
(a) 
The minimum site required shall be one acre.
(b) 
The minimum front, rear and side yards shall be 40 feet each.
(c) 
Water volume and pressure shall be adequate for fire protection.
(d) 
Parking shall not be permitted in the front yard.
(e) 
Ingress, egress and internal circulation shall be designed to ensure access by emergency vehicles.
(f) 
The parking and circulation plan shall be referred to the borough police and Volunteer Fire Company for comments regarding traffic safety and emergency access.
(g) 
All property lines adjoining residential use or zoning district classification shall be screened by a buffer area as defined by this chapter which is at least five feet in depth measured from the property line.
(h) 
The facility shall be licensed by the commonwealth.
(i) 
Nursing homes shall have a bed capacity of not less than 20 beds nor more than 200 beds.
(j) 
Nursing homes shall not be considered dwelling units and shall not be governed by the dwelling unit density of the district in which they are proposed.
(k) 
Adequate open space shall be provided for outdoor activity, consistent with the needs of the residents.
(13) 
High-rise commercial buildings.
(a) 
All sides of the building shall be accessible to fire-fighting equipment.
(b) 
The location of the building on the site shall be designed to minimize the impact of the building height on adjoining residential properties.
(c) 
The maximum height of a high-rise commercial building shall be five stories and no more than 60 feet.
(d) 
The minimum side yard required shall be 10 feet unless the yard adjoins a single-family residence, in which case the minimum required side yard shall be 20 feet.
(e) 
The results of core borings shall be submitted along with a certification from a registered soils engineer that the proposed foundation design is adequate for the subsurface conditions.
(14) 
Repair garages, as defined by this chapter.
(a) 
The minimum lot area required shall be 12,000 square feet. The minimum lot width required shall be 120 feet.
(b) 
Such use shall be located no closer than 100 feet to any property in an R District.
(c) 
There shall be no storage of dismantled vehicles outside of an enclosed building.
(d) 
The operation shall not include a wrecking yard, as defined by this chapter.
(e) 
All repair work shall be performed within a completely enclosed building which has adequate ventilation and fire protection provisions.
(f) 
All towed vehicles shall be stored on the premises and no vehicle shall be stored or dismantled on any public street.
(g) 
The premises shall be kept clean and shall be maintained so as to not constitute a nuisance or a menace to public health and safety.
(h) 
All property lines adjoining residential use or zoning classification shall be screened by a buffer area, as defined by this chapter, which is at least five feet in depth as measured from the property line.
(i) 
All vehicle storage areas shall be screened by a six-foot-high hedge or opaque fence.
(15) 
Residential uses in the C-1 District.
(a) 
Any dwelling unit permitted as a permitted use by right or as a use by special exception in the R-1, R-2 and R-3 Districts may be authorized as a use by special exception in the C-1 District provided that all applicable area and bulk regulations and standards and criteria specified for that use in the district in which it is authorized are met. Single-family dwellings shall be subject to the requirements of the R-1 District.
(b) 
Dwelling units shall not be permitted on the first floor of any commercial building which fronts on Brownsville Road in the 100, 200, and 300 blocks, as identified by U.S. Postal Service addresses.
[Amended 5-15-2006 by Ord. No. 891]
(c) 
Commercial uses shall be permitted only as supporting uses in a residential building subject to the requirements of § 260-36B(17) of this chapter.
(16) 
Service stations, as defined by this chapter.
(a) 
All minor repair work, car washing and lubrication shall be conducted within a completely enclosed building.
(b) 
All automobile parts, dismantled vehicles and similar materials shall be stored within a completely enclosed building.
(c) 
The operation shall not include a wrecking yard, as defined by this chapter.
(d) 
There shall be no more than one motor vehicle per employee and employer plus three customer's vehicles per repair bay parked outside an enclosed building at any time.
(e) 
Canopies over gasoline pumps shall be subject to the following requirements:
[1] 
Such structure shall not be attached to the principal building.
[2] 
Such structure shall be located at least 10 feet from any property line or street right-of-way.
[3] 
Such structure shall not be enclosed.
[4] 
Such structure shall be removed immediately, once the principal use or the use of the accessory structure is discontinued.
(f) 
Gasoline pumps shall be located at least 40 feet from the center line of the right-of-way of any street.
(g) 
All fuel, oil or similar substances shall be stored at least 25 feet from any property line.
(h) 
All property lines adjoining residential use or zoning district classification shall be screened by a buffer area as defined by this chapter which is at least five feet in depth measured from the property line.
(17) 
Supporting commercial uses in multifamily residential buildings.
(a) 
Supporting commercial uses shall only be permitted in developments which contain a minimum of 50 multifamily dwelling units.
(b) 
The supporting commercial uses shall be located only on the ground floor or street floor of the residential building.
(c) 
The gross floor area of all such supporting commercial uses shall not exceed 15% of the gross floor area of the building devoted to residential use.
(d) 
The uses may include convenience commercial uses such as delis, restaurants or convenience food stores, drug stores, professional offices, newsstands, card and gift shops, branch banks, laundry or dry cleaner pickup, beauty or barber shops or other personal services and shall be designed primarily to serve the residents of the residential building.
(e) 
Off-street parking shall be provided for the uses at the ratio of one space for each 300 square feet of net floor area. The off-street parking spaces shall be in addition to the spaces required for the dwelling units and shall be located conveniently to the uses they are intended to serve.
(f) 
The maximum surface area of a business identification sign for any supporting commercial use shall be 12 square feet. The only type of business identification sign permitted shall be a wall sign, as defined by § 260-11. The sign shall meet all other applicable general regulations for signs specified in Article VI of this chapter.
(18) 
Awning signs, as defined by § 260-11.
(a) 
The awning shall not project more than 20 inches beyond the wall of the building to which it is attached.
(b) 
The vertical dimension of the awning, measured between the points at which the top and bottom of the awning are attached to the building wall, shall not exceed 36 inches.
(c) 
The maximum width of any awning section shall be no more than 25 feet. The maximum total width of any awning shall not exceed 75% of the linear frontage of the wall of the building on which it is erected.
(d) 
The maximum height of any letter on an awning sign shall be 10 inches.
(e) 
The only permitted illumination of an awning sign shall be internal illumination.
(19) 
Uses not specifically listed.
(a) 
Uses of the same general character as any of the uses authorized as permitted uses by right or uses by special exception in the zoning district shall be allowed if it is determined that the impact of the use on the environment and adjacent streets and properties is equal to or less than any use specifically listed in the zoning district.
(b) 
The use shall comply with all applicable area and bulk regulations and standards and criteria for comparable uses specifically listed in the zoning district.
(c) 
The use shall comply with the performance standards of § 260-37.
(d) 
The use shall be consistent with the character of the zoning district and the statement of community development objectives of this chapter.

§ 260-37 Performance standards.

A. 
Applicability. The following performance standards shall apply to all uses authorized in the C-1 Commercial Districts and to those uses by special exception where the express standards and criteria specifically reference this section.
B. 
Certification of compliance. As part of an application for zoning approval, the applicant may be required to provide certification by a qualified expert regarding compliance with these performance standards. If requested by the borough, the cost of services for qualified expert consultants shall be paid by the applicant.
C. 
Fire hazards and protection. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire suppression equipment acceptable to the National Fire Protection Association (NFPA) and shall be readily available when any activity involving the handling of storage of flammable or explosive materials is carried on.
D. 
Radioactivity or electrical disturbances. No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation at any point, of any equipment other than that of the creator of such disturbance.
E. 
Noise. Noise which is determined by the Zoning and Code Enforcement Officer to be objectionable because of volume or frequency shall be muffled or otherwise controlled, except for fire sirens and related apparatus used solely for public safety purposes. Noise in excess of 90 decibels as measured on a decibel or sound-level meter of standard quality and design operated on the A-weighting scale at a distance of 25 feet from any property line of the property on which the noise source is located shall not be permitted.
F. 
Vibration. No vibration shall be permitted which is discernible without instruments on any adjoining lot or property, except that the temporary vibration as a result of construction activity shall be permitted.
G. 
Smoke. The maximum amount of smoke emission permitted shall be determined by use of the Standard Ringelmann Smoke Chart issued by the United States Bureau of Mines. No smoke of a shade darker than No. 2 will be allowed.
H. 
Odors. In any district, no malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.
I. 
Air pollution. No pollution of air by fly ash, dust, vapors or other substances shall be permitted which is harmful to health or to animals, vegetation or other property or which can cause soiling of property.
J. 
Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.
K. 
Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties.
L. 
Water pollution. The method for discharging liquid and solid wastes to public sewers, drains or watercourses shall be acceptable under the provisions of the Pennsylvania Sewage Facilities Act, Act 537 of 1968, as the same may be amended from time to time, and all applicable borough ordinances.