Coraopolis Borough Loning Ordinance ? INDEX CORAOPOLIS BOROUGH ZONING ORDINANCE

Accessory Uses Conflict with Other Ordinances 120 Definition 21 2 Convalescent Home 66 9 Residential Districts 410 Conversion Apartment 665 Commercial Districts 510 Corner Lot 445 Industrial Districts 55 2 Day Care Center 663 Public Recreation District 592 Definitions Article I1 Setback and Yard Coxierage 613 s lgnS 900 Amendment B Department Store 235 To Zoning Map 30 5 Effective Date of the Ordinance 1260 Initiation 1251 Enforoement 1230 Proo edu re 1252 Except ions Public Hearing 1253 Height of Structures 620 Adverse Report 1254 Lots 600 Curative Amendment s 1255 Signs 920 Amusement, Enterprise 215 Yards 6 10 Annexation, Zoning of 31 7 Fee Schedule 1240 Apartment 8 Fences 640 In Commercial Buildings 66 7 Along property lines 641 p 642 Conversion 665 Industrial fences 647 Garage Apartments 666 Appeals 649 Appeals Filing of Ordinance 150 Amendment 1252.7 Foster Care Home 664 Zoning Hearing Board 1130 Front Yard Depth, Minimum Application of Regulations Res ident ial Dia t rict s 444 in each eone distriot 310 Commercial Districts 533 Area of Lot, Minimum Indust rial Diet rict s 573 Residential Districts 442 Public Recreation District 5 94 Commercial Districts 532 Half-Way House 664 Industrial Districts 572 Health Club 247 Lot Measurement 60 3 Hedges Auto Sales and Service 217 Along Property Lines 641,a 642 B i 1lbo ards 906, 962 As Obstructions at Street Corners 646 Boarding or Lodging Home 66 2 As Buffers 643 Book, Card or Stationery Sales 220 Height of Buildings Building Permits 1210 Except ions 620 Buffer Screens Residential Districts 441 Industrial. Districts 575 Commercial Districts 531 Indust rial Districts 5'1 1 Club or Fraternal Organization 225 Measurement of Height 621 Commercial-Mult i-Family Plap 65 2 Height Exceeding 100 Feet 6 23 Submission Requirement 655 Home Occupations 66 1 Community Development Gbjectives 140 Homeowners Association 654 Community Unit Plan 65 1 Loading, Off-S t reet 840 Submission Requirements 655 Lot Area Per Dwelling 442 Plan Review 656 Lot Coverage Conditional Uses Residential Districts 447 Definition 228 Commercial Districts 5 36 Residential Districts 420 Lot Frontage Commercial Districts 5 20 Res ident ial Dist r ict s 443 Indust rial District s 553 Minimum Floor Area, Dwellings 448 Pub1 ic Recreation Pist rict 593 Mobile Homes on Their Own Lots 668 Criteria for Evaluation 70 1 c Procedure for Review Specific Criteria Submission Requirements Yult i-Family Buildings Signs Dimensions Between 653 Definitions 900 Maintenance. of Open Space 654 In Residential Districts 940 Non-Conforming Lots 1010 In Commercial Districts 9%) No n-Co nf o MIing S t ruc tures 1030 In Industrial Districts 960 Non-Conforming Uses 1020 Exempt ions 920 Ekpan~ion 1022, 1023 L i m it at ions 910 Tenninat ion 1024 Maintenance 970 Changes of Use 1025 Permits 930 Reoo rd 1040 Temporary Signs 954 Nursing Home 66 9 Site Grading 631 Occupancy Permits Site Restoration Bond 633 New Uses 1221 Storm Drainage 632 ' Changing Existing Uses 1222 Swimming Pool Fence 648 Parking, OffStreet Variances 1103 Design Standards 8 20 Yards Dimensional Requirements 810 Projections into Required Yard Areas 612 Off-Site Parking Lots 814, 815 Reduction of Prohibited 314, 315 Spaces Required by Use 830 Setbacks on Partially Developed Screening 8 26 Streets 61 1 Surfacing 821 Zoning District Boundaries Use of Lots 817, 818 Interpretat ion 306 Permitted Uses Conflict 307 Definition 26 3 Zoning Hearing Board Residential Districts 400 Appeals From 1130 Commercial Districts 500 C h a1 1enge s 1102 Industrial Districts 55 1 Decisions on Uses Not Listed 1104 Public Recreation District 591 Decisions 1129 Penalties for Violations 1230 Functions 1100 Plan Review Hearings 1120 Commercial Districts 540 0pe rat ion 1110 Industrial Districts 580 Public Not ices 1124 Multi-Family Plans 656 Variances 1103 Principal Structures Zoning Map 300 Maximum on a Lot 60 2 Zoning Officer Public Utility Lines 316 Appeals From 1204 Purposes of the Ordinance 130 Duties 1200 Rear Lot 604 Ehf om ement 1230 Rear Yard Depth, Minim Residential Districts 446 Commercial Districts 535 Industrial Districts 574

Retirement Home 669 Review, Annual of Ordinance 318 Service Station 267 Side Yard Depth, Minimum Residential Districts 445 Comnercial Districts 534 Industrial Districts 574 ZONING ORDINANCE COELAOPOLIS BOROUGH ALLEGHEKY CO-LJXTY, PENISYLVANIA Ordinance No. 1585 4

Page Article I: Preliminary Provisions Sect ion 00: Enacting Clause 1 Section 10: Short Title 1 Section 20: Validity and Conflict 1 Section 30: Purposes of the Ordinance 1 Section 40: Community Development Objections 2 Section 50: Filing 2

Article 11: Definitions Section 200: Generd Rules 3 Section 210: Specific Definitions 3

Article 111: Establishment of Districts Sectiap 300: Official Zoning Kap 12 Section 310: Application of District Regulations 13

Article IV: Provisions Applicable in Residential Zone Districts Section 400: Permitted Uses 15 Section 410: Accessory Uses 15 Section 420: Conditional Uses 15. Section 440: Table of Dimensional Standards in the Residential Districts 16

Article V: -Provisions Applicable in Other Zone Districts Section 500: Permitted Uses in Commercial Districts 17 Swtion 510: Accessory Uses in Commercial Districts 18 Friction 520: Conditional Uses in Commercial Districts 15 ,ectionC. 530: Table of Dimensional Standards in the Commercial Districts 18 Section 540: Review of Plans in the C-2 and C-3 Districts 19 Section 550: Development in the Limited Industrial (1-1) District 19 Section 560: Development in the Heavy Industrial (1-2) District 20 Section 570: Table of Dimensional Standards in the Industrial Districts 20 Section 580: Review of Plans in the 1-1 and 1-2 Districts 21 Section 590: Public Recreation Zone District 21

Article VI: Supplementary Regulations Section 600: Lot Exceptions 22 Section 610: Yard Exceptions 22 Section 620: Height Exceptions 23 Section 630: Site Grading and Drainage 24 Section 640: Landscape Buffers, Fences adHedges 25 Section 650: Standards and Review Procedures for Community Unit Plans and Commercial-Multi-Family Plans a6 Conditional Uses 26 Section 660: Special Residential Uses 28 r.

Article VII: Evaluation and Processing of Conditional Uses Section 700: General Criteria for Evaluation 31 Section 710: Procedure for Review 31 Section 720: Specific Criteria to be Considered 32

Article VIII: Off-street Parking Section 800: General Requirements for Parking 33 Section 810: Dimensional Requirements 33 Section 820: Desigm Standards 34 Section 830: Schedule of Off-street Parking Requirements 35 Section 840: Off-street Loading 36 Article IX: Signs Section 90: Definitions of Terms Peculiar to this Article 38 Section 910: Sign Limitations 38 Section 920: Sign Exemptions 39 Section 930: Permits 39 Section 940: Signs in the Residential Zone Districts 39 Section 950: Signs in the Commercial Zone Districts 40 Section 960: Signs in the Industrial Zone Districts 42 Section 970: Maintenance 42 Article X: Non-Conforming Uses Section 1000: hppl ication 43 Section 1010: Non-Conforming Lots of Record 43 Section 1020: Non-Conforming Uses of Lands and Structures 43 Section 1030 : Non-Conf o rming St ructures 44 Section 1040: Record of Non-Conforming Uses 45

Article XI: Zoning Hearing Board Section 1100: Functions of the Board 46 Section 1110: Operation of the Board 48 Section 1120: Hearings Procedure 49 Section 1130: Zoning Appeals 51 Article XII: Administration Section 1200: Duties of the Zoning Officer 53 Section 1210: Building Permits 53 Section 1220: Occupancy Permits 55 Section 1230: Enforcement and Penalties 56 Section 1240: Schedule of Fees 57 Section 1250: Amendment of the Ordinance 57 Section 1260: Enactment of the Ordinance 60 Article I PRELIXINARY PROVISIONS

Sectior, 100 Enacting Clause Be it ordained and enzcted by the Council of the Borough of Coraopolis, Allegheny County, Pennsylvania, assembled, and it is hereby ordained and enacted by the authority of the same, that from and after €he passzge and approval of this Ordinance, the several classes of districts specified herein shall be established and the following regulations shall be in full force and effect.

Section 110 Short Title

This Ordinance shall be known ES, and may be cited as, "The Coraopolis Borough Zoning Ordinance .''

Section 120 Validity and Conflict 121. If any section, sabsection, clause or phrase of this Ordinance is for zmy reaeon held to be invalid or ur,constitut-ional, such action shall not affect the validity or constitutionality of the remaining sections, subsections, clauses or phrases. 122. Where conflicts exist between this ordinance and other ordinances or regulations of the Borough, or of a higher level of government, or legal restrictive covenants applied by landowners to their property, the ordinance, regulation, or covenant establishing the higher standard for the protection of the public health, safety and welfare shall prevail. 123. All ordinances or parts thereof in conflict with this Zoning Ordinance, inconsistent with its provisions or less restrictive are hereby repezlea to the extent necessary to give this Ordinance full force and effect.

Section 130 Purposes of the Ordinance This Ordinance is deemed necessmy to: 131. To promote the pablic health, safety, morals and general welfare; 132. To encourage practical and coordinated community development; 133. To estzblish proper density of population in the various districts and provide adequate light, air and menity therein; 134. To facilitate the economical provision of public highways and streets, vehicle parkin&, public transportation, water supply, sewage disposal, public schools, parks and open spaces and other public requirements; 135. To prevent the overcrowding or improper or incompatible development or use of land, to prevent blighting conditions and congestion or hazard I in travel and transportation; 136. To secure safety of health, life mc! property from fire, flood, panic, noise, noxious fumes, explosion and other dangers; 137. To conserve and stabilize property values through encouragement of the most appropriate uses of land in relation to one another; 138. To preserve flood plains, steep hillsides and recreation lands from conflict with development and from erasion; and 139. To facilitzte generally, orderly and compatible growth and expansion within the Borough and the programming of public improvements.

Section 140 Community Development Objectives

In addition to the purposes listed in Section 130, the following specific Community Development Objectives are considered the basis upon which the zone districts and regulations of this Ordinance are established. These Objectives are a statement of legislative findings of Borough Council and are concerned with land use patterns, density of population, and the location and function of streets ana other community facilities and utilities.

141 The existing municipal tax base should be preserved and enhanced. 142. The spread of blight should be halted and older housing upgraded. 143. Vacant or underutilized structures should be recycled for new uses or more fully used. 144. aisting desirable commercial and industrial land uses should be encouraged to remain, improve and expand, and new business should be invited to estzblish in the Borough in appropriate locations. 145. Further development in areas susceptible .to flooding or on steep slope land should be carefully regulated and recreational or open space uses encouraged in these areas. 146. The private and public renewal of the Borough in the future should result in an inviting and compatible residential, commercial and industrial environment. 147. Streets should function to move present and expected traffic volumes as safely and smoothly as possible and new development should not interfere with this objective.

Section 150 Filinq

This Ordinance, including the zoning map and any subsequent amendments to the text and map, shall be on file and may be viewed by any interested party in the fhnicipal Building auring regular business hours. Article I1 D5FI~ZI'IOI~iS

Section 203 General Frile~

201. Words used in the present tense include the future tense;

202. The particular shall control the general;

203. The singular number includes the pltlral and the plural mmber includes the Eingular;

204. The masculine gender includes the feminine;

205. The word ?E%@!; or the word DEVELOFEEi includes a firm, association, partnership, trLst, com;3arq or corporation a well as an individual;

206. The word SELLL is mandatory; the word KAY is permissive;

207. The word LOT includes 9tplot11,ttpiece91, "parcel" or "tract" of land;

208, The words USID or OCCLTPIE3 include the words "intended, arranged, rczintained or designed to be used or occupied,"

203. Words used in this ordinence and not otherwise defined in Section 210 shall have the same meaning as in a staniard. dictionary.

Section 210 Specific Deficitions

211. ilccess 1ar.e--the drivewiy t:ithin r p2rking lot designed to provide vehicular connection 'cetveen parking seaces and a public street.

212. accessorj use-an activity that supports and is incidental to the principal use on a lot. AxA accessory use and/or the building it occ2pies, if separate from the principal permitted use on the lot, shall not be installe.2 or constructed in advence of the principal pennitted use. Permitted accessory uses are listed in Sections 410, 510 and 552 of this 0 rdinance.

213. alterations, structaral--the removal or addition of supporting wdls or mernbers in a building including chznges that increase or decrease my exterior diirienrion cf 2 baildinz.

214. ainenhent--e-ny addition, deletion or revision of mi part of the text or zoning mer, officially approved by Borough Council after public hearing. 215. amusement enterprise--premises on which recreation facilities, including but not limited to movie or live entertainment theatre, bowling alleys, dance halls, roller or ice skating rink, racquet ball courts, self defense instruction, body building, pol and billiard halls, electronic games and similar uses are conducted entirely within an enclosed building, and involving no gambling or activities that appeal to the prurient interest of customers. Pool and billiard halls shall be premises with more than two (2) tables, while electronic game parlors shall be premises with more than two (2) coin-operated machines with or without a video display, There shall be at least one hundred fifty (150) square feet of floor area per pool table in a pool hall and at least forty (40) square feet of floor area for each machine in an electronic game parlor including aisles at least four (4) feet wide through the ganes area leading directly to a marked exit. An adult supervisor shall be present at all times while a pool hall or electronic games parlor is in operation, responsible for customer conduct.

216. apartment--a suite of rooms comprising a dwelling in a building containing at least one (1) other dwelling unit, each unit with its own cooking, food storage, bathing and toilet facilities for the exclmive use of the resi- dents of the unit, and each with access directly or by a common hallway to the outside.

a. conversion apartment--a dwelling unit established from a portion of an already existing single family dwelling, each dwelling to contain its own cooking, food storage, bathing and toilet facilities and separate means of access to the outside.

b. efficiency apartment--a dwelling unit designed as one room except for bathing and toilet facilities in one mom and cooking and food storage in an alcove, closet or attached room.

C. garage apartment-a dwelling unit located on the second floor of a building the firs'; floor of which is devoted to automobile storage and access to the second floor only.

217. auto sales and service--premises devoted to the sales of new automobiles, light trucks, vans, motorcycles or farm and garden equipment, including service facilities completely within an enclosed building for the main- tenance and repair of products for sale on the property, and including the sale of used autos, light trucks, vans, motorcycles or farm and garden'equipment only as an incidental part of the business. All parts of the business shall be on the same or contiguous lots.

218. basement--story partly below grade but with at least half its height above the average level of adjoining ground and therefore capable of being occupied as a dwelling unit or for business purposes. I 219. boarding house--a single family dwellin occupied in addition to the i resident family, by not more Bhan two f2] individuals who rent rooms in the dwelling anc! are provided! meals for a fee. If meals are not provided, such a house is a lodging house.

220. book, card or stationery sales--the selling of books, magazines, cards,, novelties or other written or visual materials, including films shown on the premises, provided such materials do not appeal mainly to the prurient interests and/or are patently offensive because they affront contemporary comrnllnity standards relating to the description or representation of sexual matters and are utterly without redeeming social value. 4 221. building--arj structnre having a permanent roof sup2orted by colums and/or walls bezring upon and coverins an area on the ground. a. building aree--the zrec of z lot within the setback lines inside whic'r. b.diliing construction may occur. b. building, enclosec--a buildi-ng in i.;hich all exterior walls are solid exce-,t for windows an6 doors.

C. building height-the vertical distance between finished grade end the top of a wall paraaet if a flzt roofed building or halfwaS; between the gdtter and ridge lines if a sloped roofed building. d. building line--the setback 2istance from the street abutting a lot behinc! which building constrxtion may occur, snch minimu, distvlce s3ecifiec by this ordinence for eech zone district. e, building permit--a certificete issued by the Zoning Officer attesting that a developer proposel meets all requirements of this ordinance and auth0rizir.g constr'xtion to proceed.

222. buffer--a fence, hedge, natural change of grade, or any combination of these that protect residentiel developent from potentially denigrating inflaences of an adjacent, incomjxtitle land use. A buffer are& is a land surface of ti minimum requirec wid-lk: upon which a buf'fer element is locr,ted.

223. cellar--a portion of a kuilding having one-half or more of its height below the averxe grade of the acijoining ground znd not to be used as an apartment or to contain bedrooms.

224. centerline--a line parallel with the length of a street ana equidistant from the right-of-wzy lines on either side of the street.

225. club or fratern21 orgznization-a non-profit civic, social, edxetional, recreat ionel or cultnrzl orgaizetion chartered under laws of the Connonwezlth t-Lt not incl-Jding resident ial z,ccorrimohtioris exce$ for the manager an2 his fanily.

226. conn7mity facilitiee--zil tkose semices that support the everydq functiocing of the PJziciFSlitj- l.;ketter provided ky a public bo*, public authority or a non-profit connmity-supported orgznizat ion.

227. conmnity unit ~lzn--a pmposel for development of a tract of laid irllowing a more flexible arrssgement of lots or residential buildings provided an overall density estsklished by this ordinance for the zone dist ri c t containing the tract is not exceeded and recreation arezs are provided for the residefits.

22e. coc6itionzl use--tte use of a property that may be permitted by the Eorough in accordance witk Article VI1 of this ordinance provided tkt tke pro2osed Gse is listed iis a conditional use ir, the zone cistrict containing the lot azd provided the tiomugh decides that the proposed use or! the proposed lot will not domqrade edjacent or nearby lots or CB'JS~ dangeroas ccncitions in the vicinity. Conditional uses are listed in Sections 420, 520, and 553 of this ordinance.

5 229. contour--& line connecting all the points that are the 5w.e distznce aboce or below an esta'clished elevation, with each sack line egidistmt verically frorn adjacecer?t lines, this distance being the "contour interval*'.

230. corner lot--& lot h-hich ahts two (2) or more streets that intersect at one (1) or more corners of the lot. Euilding setbacks on corner lots shall be in accordance with Section 420 of this ordimnce.

231. curative amendment--a proposed. revision of this ordinance initiated by a laridowner or by the Borough inteneed to correct a defect in the regdatiom contenr?ed by the initistin,- party.

232. cut--earth material excaated on a lot and moved elsewhere as pzrt of a grading oFeration in connection with development of a lot.

233 day care center--a facility for the dzy-time care of pre-school, elder13 or disEbled persons but including no overnight accommodations.

234. density--a measure of intensity of residential development, usually the nmber of dwelling units per acre of land exclusive of public streets and grounds.

235 depertment store--a retail sales outlet offering a variety of household, clothin,- and related goods under one roof, organized into sections offering cornperison shopping and including no outdoor sales except as a temporary condition and not in an established parking or truck servicing area.

236. developer-any party who erects, expads or alters a structure, subdivides land, changes or paves the land surface, or any or all of these actions,

2370 dwelling-a group of connected rooms or spaces in a building for the residential use of only one (1) faiily and containing cooking, food storqe, lxithing and toilet facilities for the exclusive use of the resident fmily, e. one-fmily detached dmllicg--a dwelling completely surromded on all sides by outdoor open spae on the sane lot as the dwelling. b. two fanily det&ch;ed d\:elling-a detacher? building containing two dwelling units, each entirely separate from the other.

C. dwelling unit--a ctrelling, or more often, one of several or many dwellings in the saqe building or in the same residential plan, d. multiple family dwelling--.? building coxtaining three (3) or more dwelling units, each r.;ith access via common hallwq-s, staimqs ad in some cases elevators to the outside.

e. 1-01; dwelling--z di.r:elling that is attached along one or two (2) com~on r.:alls to a neighboring dtielling, has no &welling zbove or below it, and his outdoor oper, spzce abutting at lezst the fmnt ar-d rear wells.

G c

93: CJ..

Ld-7'1C

240

24:.

242.

243.

2$4. frcntqe--the I:idtl? of E. lot dozz t1.e ztreet ttat pmTir?ez the prircipal access to the lot. The front lot line iE the lixe that is coterminous with the street ri&t-of-t:q; line.

245 e

246.

547.

248.

245. .. 259. hone oixAerz EEEOCiCtlOn--CC crp?ization of 211 the Frcpertj- OE:X~C in a community unit or nil ti-family developcent plan vith responsibility tc nZi3tzir. all thczc Lretx of, z9.J. fzcilities withiE the pler, 5el5 ir, cox~cnt;: the Fxserz:; oi.-r-ers if' other then the developer i)r hie swcesscrs.

2: 1 . loadiny arez-2 portior. of a. lot occuried by multiple famil;. spartment buildings, comlo,rciz.l or in2uEtriz.l uses intended for the use of EemicinS vehicles exclusively.

')c p L, lct--z tract of lan5 surfzce at2tting a putlic street, such tract ir. one ownership and sx-ro-xde5 t;. bonndtl~~~thet closes on itself .

25 a. lot zree--ell the grcuxi surface meamre5 vithix the perineter limz of c^ lot. b. lot coverize--tke rnz.xirx, are& within the setback lines in a lot that rnq ke occarie:: kj- 'cuil3in:s.

C. lot line--the bcxhq- l.iKe, or pert of sack line, descriking tke perimter of B 1ct. ??e fm-t lot line zhts the strect to which the lot hti zccer.s LE?, %!?E. rear lct line is the bo>mdanr most distFznt frcc the frolit lo-i 1ir.e.

d. lot iriritf-i--the cistar.ce across E lot neaaured along the front setkack line befsxer. tkc site lot lines, e, lot of rec0rd-z lot of legal record on file vitk the Allegheny County Recorder of ?leeSs, prsuant with statutes mverning recording.

253. nenul'xtarin,.: erocess--tke cre2.t ion of E mcrketablc proc?uct from ra!?: materials or Fc.rtinlly co:r;letej. assemilies Frepered elsewhere with value acdeG 2s a res--tlt of tte Srocess.

254. mobile i?one--a single fxily didling memfzctureC elrerihere in one or t3:o Etrtlcturzll,~ intepel section; tkt ctlri be tosed to a lot or, its orm v;keslc, ar.? Zrrivez rc&: for occupa~cyonce the sections (if a doutle-wide) are join& a15 ettachment is male to sewer znd water systecs, kxt czp~kleof tiing lz%er diszssemble2 adtowed to a second lot *

2::.

256. non-conforcinc strccture-2 str-Jct-lre le-:.fully exiEting prior to adoption of tkis oriirizrce b'it grzcteer ir. keight, or loczted in whole cr in part closer to one or nor€ lot liries ttm perrr,itteci by the setback andor height reF1atior.s Lpierr.irZ cevelo?Kent in the zone district where tkie lct is loc5tcS.

257 ~o~-cox~'G~T.~E:-- IEC--L UEE of a lct, or E portior, of a lot, or of a strJcture or Fzrt oi a E:r-lct.Jx 3s~l;lllyexisting prior to adoption of tkiz orCirzzcc 3-2t xct ;lerr.:itet by right or as .z conditiond we in the 2or.e district wkere tke lot is located.

, 258. nursing home--a facility devoted to the long term skilled care of bed- ridden patients, but not including hospital services. a. convalescent home--implies short term care for persons recovering from serious illnesses before returning to their homes. b. retirement home-provides long term residence for elderly persons requiring minimum care but may include cornmundl dining. Apartments in a retirement home shall be for not more'than two (2) individuals each, one of which shail be at least 65 years old,

259. occupancy permit--a certificate issued by the zoning officer attesting that the construction for which a building permit has been issued has been completed in accordance with the building permit and may be occupied, or attesting that a proposed new occupancy or use on a lot, but not requiring a building permit, is a permitted use or has been approved as a conditional use.

260. open space--the area of a lot to be left permanently unoccupied by buildings.

261. ornamental fence or wall-a vertical structure at least fifty (50) percent of the surface of which is opape and the surface is enhanced by a pattern, color and/or texture or the use of living plants to soften the stark effect of an untreated fence or wall, but not including any advertising except a sign in accordance with this ordinance.

262. parking, required-the minimum number of parking spaces to be provided in support of an activity on the same lot, or guaranteed in a nearby location, in accordance with this ordinance. a. parking lot--an area wholly outside any public street right-of-way constructed to accommodate the storage of vehicles and connected to a public street or streets by a driveway or access lane. b. parking space-an area within a parking lot intended for the storage of one (1) vehicle and adjacent to an access lane,

263. permitted use--an activity that is expressly allowed by right as the principal use of a lot because the lot is located in a zone district where the activity or use is permitted.

264. principal use of a structure or lot-the main use to which a structure or lot is to be devoted, making all other activity on the lot accessory to the main use.

265. public hearing-an official meeting called by Borough Council, the Planning Commission or the Zoning Hearing Board for the purpose of taking testimony from all parties having an interest in the matter being heard, as a basis for the calling body to make a decision at a later time.

266. right-of-wzy--a strip of land over which passage is guaranteed, either to the public for general or restricted vehicular and/or pedestrim passage, or to utilities as an easement for the passage and maintenance of segments of a distribution or collection system. 267. service statior,--e comnercial facility providing for the daily maintenance ana supply of motor vehicles but not including auto body repair and refinishicg, engine overkal, or the accumulation of discarded parts or darnxed vehicles on the premises.

26e. setback--the ninimm distance that 2 building must be held back from an adjacent lot line, dependir,g on the zone district in which the lot is located. The setback line is a line within a lot psrallel to an adjacent property line and distant from it the setback or yard depth required in the zone district conteining the lot. The front setback line is parallel to the front lot line and distant from it the depth of the front yard. The side and rear setback lines are similarly sitliated.

269. story--tke vertical dimension between a building floor and the floor of the level next above or next belor.:, when the dimension between floors is zt least six (6) feet, or if no floor is above, then the ceiling above. Basements bnt not cellars shall be counted as stories.

270. street--the vehicxlar and pedestrian access to the lots that abut it, connecting wit?- other streets to provide circulation throughout the Boroagh. k street skall be iiithin a right-of-wq more than tuenty (20) feet wide. Streets of less width shall be considered alleys and rnw not be the ocly access to a lot. k public street is one maintained by the Borough or the Commonwealth.

271. structiure--a%r permvleni ma?-made construction in, on or over the ground surfwe and attached to the ground but not including surfaces treated for vehicular or pedestria passzge.

272. temporary building--a stricture erected for a prescribeti time period, to be renovea from the lot at the end of the time period.

273 tract--a lot or property of real estate in one ownership with a boundary that closes on itself described bx bearings and distances.

274 undisturbe? ezrth--stakilized gronnd surface that hss not been altered for at leest txo (2) yesrs prior to ari grading operations upon it. _- 27: veriance--2 grzr,t by the Zoninc uearing Board permitting a lot owner to build oc his lot not wholly in accordance with this ordinance becmse the Sosrd finCs thzt strict conformance would be a hardship not created by the owner, de;riviEg him ressonable use of the lot, and that specific varietions in the requirements that would normally apply will not detrirnentall; affect abutting aroserties or the public.

276. yard--the area of a lot between lot lines znd adjacent parallel setback lines in the lct, the yard 2eTth being specified for front, side and rear yards ir, exh zoning district. 'iithin yard areas no pemanent roofed strictwe may be hilt.

2. yard deptk--the horizontd distance between a lot line and the parallel setback line in the property. ,

b. yard, r"mn.i;--tl.,e area of a lot betweex the front lot line abatting tk-e street tc which the lot has access end the front setback line, a-?a extending between the side lot lines.

C. yard, rear--the area of a lot betueen the rear lot line and rear setback lir,e adexteniiing between the side lot lines. d. yard, side--t?-e area of e lot between the aide lot lines and side setback lines on eack side of the lot and extending between the front an2 rear yards. e. yard, required-the ninimw, depth of open space to be left on the front, side md!or resr of a lot between any lot line and the adjacent parallel building 1ine.

277. zoning district--a contiguox area of land on all parts of which the same uniform zoriing controls apply.

278. zoning district boandary--the perimeter line completely enclosing a zoning district.

275. Zoning Eearing Foard-a body appointed by Borough Council to examine and decide appezls for relief from strict conformance to this Ordinance or relief from a decision of tCe Zoning Officer and to hear testimony regarding the validity of arq,T regdctions upon 2evelopment in the Borough.

280. zoning map--the official Flen of zoning districts in the Eoroagh showing precisely the to-maaries and title of eech zoning district, such map a part of this Ordinaxce.

281. Zoning Officer-a persor. retainei by the Eorough to enforce the regdlztions of this Or2inarce, Kith pokier to issue permits, to halt illegal constrxtion, adto interpret literally the meaning of the vario-m secti0r.s of the zoning ordinance subject to appeal to the Zoning Hearing Zoard. Article I11 ESTABLISHKF,IUT OF DISTRICTS

Section 300 Official Zoning Mal

301. The Borough is hereby divided into zones, or districts, as shown on the Official Zoning Wap which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Ordinance.

302. The ten (10) zone districts delineated on the Map are: R- 1 .One Family Dwelling District; R- 2 One Family Dwelling District; R-3 Two Family Dwelling District ; R-4 Two Family Dwelling District; R-5 Nultiple Family Dwelling District; c-2 Central Business Commercial District; c-3 Planned Shopping Commercial District; I- 1 Limited Industrial District 1-2 Heavy Industrial District; P Public Recreation District.

303 No changes of any nature shall be made on the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this Ordir,ance, Any unauthorized change of whatever kind by any person shall be considered a violation of this Ordinance and punishable as provided under Section 1230 of this Ordinance.

304 The Official Zoning Map, which shall be located in the Borough Office, shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the Borough.

305 Any amendments legally adopted to change any district boundaries of the Official Zoning Map shall be noted on such map by ordinance number and date of adoption of the amendment. The Official Zoning Map shall be changed to reflect the amendment within thirty (30) days of adoption.

306. Interpretat ion of Zone Boundaries 306.1 Boundaries indicated as appearing to follow the centerlines of streets, highwzys, or alleys shall be construed as following such centerlines; 306.2 Boundaries indicated as appearing to follow property lines shall be construed as following such property lines; 306.3 Boundaries indicated as appearing to follow Borough limits shall be construed as following Borough limits. 306.4 Boundaries indicated as following railroad lines shall be construed to be rnidwqr between the main tracks.

i 306.5 Boundaries in6icated as approximately folloning the center1ines of stresnis, rivers, or other boGiea of water, shall be construed as movirg with the actual bo* of water end following the center- lines thereof unless a surveyed Borough boundary governs the edge of the zoning district; 306.6 Eoundaries indicated as parallel to a highww, property line or railroad shall be construed to be parallel thereto and at such a distance from the centerline indicated on the Rap; 306.7 Boundaries whose location cannot be determined by any of the above tests may te measured using the scale of the Official Zoning Wap.

307. Conflicts arising from interpretation - \%kenthere is disagreement on the location of zone district boundaries, a decision shall be rendered by the Zonix Ofiicer, with appezl from his decision made to the Zoning Hearing Board.

Section 310 Application of District BeGlatlons

311. The regulations established by this Ordinance within each district shall apply uniformly to each class or kind of structure or land.

31 2. No building, structure or land shdl herezfter be used or occupied, and no building or structure, or part thereof shall hereafter be erected, constructed, moved, or structurally altered unless in conformity with all of the regulations specified in this Ordinace for the district in which it is located, or unless B variznce has been properly grated.

313s No building or other structure shall hereafter be erected or altered: 313.3 To exceed the height; .

313.2 To accomiodate or house 2 greater number of families; 313.3 To occu~ya greater percentage of lot area; 313.4 To have nzrrower or smaller rear yards, front yards, side yarh, , or other open sixices than herein required; or in any other manner contrary to the provisions of this Ordinance.

314. No part of a yerd, or other open space, or off-street parking or loading space required zdjacent to or ir, connection with amy building for conplimce with this Ordiname, shall be included as part of a yard, open space, or off-street parking or loading spece similarly required for any other building.

315. No yard or lot existing at the time of passage of this Ordinace shall be reduced in dimension or area below the rninimm requirements set forth herein. Yerds or lots creeted after the effective date of this Ordinace shall meet at least the miniman requirements estaklished by this Ordinance.

316. Railroad lines and public utility transmission lines and their supporting members, but not including above-ground buildings, shall not be required to be locsted on a lot, nor be held to reduce yard dimensions for other buildings on e lot.

13 317. All territory which may hereafter be annexed to the Eorough shall be placed in the R-1 One Family bielling District until the Planning Commission has made a thorough study of the newly annexed area, reported its recommendations to the Borough Council, and Council has adopted a final zoning district classification. This study and report by the Planning Commission shall be made within six (6) months of the time of annexation.

318. Once in each calendar year, not later thvl Nay 1, the Planning Commission shall review the lists of permitted, accessory, conditional and/or special exception uses for each zone district, as well as the a2plicable bulk and dimensional requirements, and shall prepare for the review of Council a written statement of any proposed changes to enhance healthy growth and change in the Borough. At least once annually the Commission shall review the zoning map and shall in writing inform Council of any suggested revisions in zoning district boundaries or whether any changes should be made. Article IV PROVISIONS APPLICABLE IN RESIDENTIAL ZONE DISTRICTS

Section 400 Permitted Uses: 401. One family detached dwelling: R-I, R-2, R-3, R-4 and R-5 zone districts; 402. Temporary building and use for an approved construction project over a period not exceeding one (1) year: R-1, R-2, R-3, R-4 and R-5 zone districts; 403. Conversion apartment: R-3 and R-4 zone districts; 404. Efficiency apartment: R-3 and R-4 zone districts; 405. Two family detached dwelling: R-3, R-4 and R-5 zone districts; 406. Garage apartment: R-4 zone district; 407. Multiple-family dwelling: R-5 zone district; 408. Row dwelling with not more than six (6) units in one building: R-5 zone district.

Section 410 Accessory Uses 41 1 , Private garage and/or off-street parking area; 41 2. Children's playhouse, garden equipment shed, and/or private greenhouse; 413. Private swimming pool (see Ordinance 1480 or 1974) and/or court game area; 414. Housing for domestic pets but not including the boarding or raising of pets for a profit; 415. Apartment over garage (see section 666); 416. Storage of boats, boat trailers and unoccupied house trailers owned by residents of the dwelling; 417. Fence or ornamental wall (see section 640); 418. Signs (see section 940); 419. Lodgers. or boarders not exceeding two (2) in a one-family detached dwelling.

Section 420 Conditional Uses 421. Public, parochial or private school serving grades kindergarten through twelve and accredited by the Commonwealth: R-I, R-2, R-3, R-4, and R-5 zone districts; 422. Church or similar place of worship if fronting on a street with a paved width of at least thirty (30) feet: R-I, R-2, R-3, R-4, and R-5 zone districts; 423 Convant, monastery, rectory, or parish house in conjunction with a church or similar place of worship on the same premises or nearby: R-I, R-2, R-3, R-4 and R-5 zone districts; 424 Community unit plan (see section 651): R-I, R-2, R-3, R-4 and R-5 zone districts ; 425 Commercial-multi-family dwelling plan (see section 652) R-5 zone district; 426 . Home occupation (see section 661) R-I, R-2, R-3, R-4 and R-5 zone districts; 427 Nursing, convalescent or retirement home (see section 669) R-5 zone district; 428. Da,y care center (see section 663) R-3, R-4, R-5 and R-6 zone districts;

429. Foster care home or half-way house (see section 664) R-3, R-4, R-5 and R-6 , zone districts; 430 Boarding or lodging home with not more than five (5) boarders or lodgers (see section 662) R-5 zone district; 431 Fraternity or sorority house: R-5 zone district; 432- Public service facilities provided by any level of government, a public utility or a non-profit agency supported in whole or in part by public funds: H-I, R-2, R-3, R-4 and R-5 zone districts; 433 Parking lots to serve multiple family dwellings, public facilities, or uses in adjacent commercial zone districts: R-3, R-4 and R-5 zone districts, Section 440 Table of Dimensional Standards in the Residential Districts

Dash means use is not permitted; "none1' means there is no requirement 441. Maximum Height (feet) R- 1 R-2 R-3 R-4 R-5 Princi pal Building 35 ' Number of Stories 24. Accessory Building 20'

442. Minimum Lot Area (Square feet) One-f amily Dwelling 8,700 Two-family Dwelling 8,700 Multiple-family Dwelling none Row Dwelling Building 10 ,890 Individual Row Dwell ing 27 700 443. Minimum Lot Frontage (feet) One-family Dwelling 50 1. Two-family Dwelling 50 ' Multiple-family Dwelling none Row Dwelling Building 75 Individual Row Dwelling 169

444. Minimum Front Yard Depth (feet) All Dwellings except 20' Multiple-fanily Dwellings none

445. Minimum Side Yard Depth (feet) Interior lots, each yard 10' Corner lots, abutting street 20' Lot with less than Minimum Frontqe Percent of Lot Width, Each Yard 17$ Absolute Minimum Side Yard 5' 446. Minimum Rear Yard Depth (feet) Greater of Depth in Feet 25 ' or Percent of Lot Depth - Accessory buildings (see sect ion 61 3)

447. Maximum Lot Coverage All Buildings as Percent of Lot Area 35% Multiple Family Dwelling 40$ Total Floor Area to Lot Area Ratio Ihltiple Family Dwelling 4

448. Minimum Floor Area (square feet) One-story Dwelling goo Two-story Dwelling 1, 200 Conversion Apartment - Garage Apartment - Ihlt iple Family Apartment t

Article V PROVISIONS APPLICABLE IN OTIIER ZONE UISTHICTS

Section 500 Permitted Uses in Commercial Districts *see definition section Zone District Permitted

Amusement establishment* c-3 Appliance store c-2 c-3 Automobile sales and service* c-3 Bakery shop C-2 c-3 Bank or other financial institution c-2 c-3 Barber shop c-2 c-3 Beauty shop C-2 c-3 Book, card or stationery sales” c-2 c-3 Camera and photo supply store c-2 c-3 candy and/or ice cream store c-2 c-3 Club or similar service or fraternal organization* c-2 c-3 Delicatessen c-2 c-3 Department store* c-2 c-3 Drug store c-2 c-3 Dry cleaning pick-up shop, where cleaning is done elsewhere c-2 c-3 Florist c-2 c-3 Food, fruit and/or vegetable store c-3 Furniture store c-2 c-3 Garden supply store and/or plant materials sales c-3 Gift shop c-2 c-3 Hardware store c-2 c-3 Health club* c-3 Hobby shop c-2 c-3 Laundry self-service c-3 Liquor store C-2 c-3 Meat market c-2 c-3 Offices, business or professional c-2 c-3 Office equipment sales C-2 c-3 Parking lot or parking garage c-2 c-3 Plumbing, heating or electrical contractor showroom c-2 c-3 Restaurant, except drive-thru service c-2 c-3 Restaurant with drive-thru service c-3 Service station and/or car wash* c-3 Shoe repair shop C-2 c-3 Tailor, milliner or custom dressmaker shop c-2 c-3 Tavern licensed to dispense alcoholic beverages c-2 c-3 Tobacco store c-2 c-3 Watch and jewelry sales and repair c-2 c-3

17 Section 510 Accessory Uses in Commercial Districts

511. Apartment of the owner of the building, operator of the business, or an employee-c aret ake r ; 512. Apartments on the second and/or third floor of a building with commercial uses on the ground floor, each apartment with not less than 400 square feet of floor area; 513. Off-street parking area (see section 833); 514. Off-street truck servicing area (see section 840); 515. Fence or ornamental wall (see section 640); 516. Signs (see section 950).

Section 520 Conditional Uses in Commercial Districts

521. In the C-2 zone district uses similar to those listed as permitted in that district and compatible with central business district activity; 522. In the C-3 zone district uses similar to those listed as permitted in that district; 523. Community unit plan (see section 651.2) in the C-3 zone district; 524. Newstand or novelty sales (see section 220) in the C-2 and C-3 zone districts.

Section 530 Table of Dimensional Standards in the Commercial Districts %onett means there is no requirement c-2 C-3 531. Maximum Height (feet) Princ ipal building no ne none Number of stories none no ne 532. Minimum Lot Area (square feet) no ne none 533. Minimum Front Yard Depth (feet) no ne 35 ' 534. Minimum Side Yard Depth (feet) no ne none Abutting a residential zone district no ne 50 ' Width of planted buffer strip no ne IO' 535. Minimum Rear Yard Depth (feet) 12' no ne Abutting a residential zone district 12' 50 ' Width of planted buffer strip no ne 10' 536. Maximum Lot Coverage All Buildings as Percent of Total Lot Area no ne

!9 Section 540 Review of Plans in the (2-2 and C-3 Districts 541. A11 cormercial uses, except for a service station, shall be conducted wholly r~ithir.a enclosed building. Portions of the property not covereci by buildinge or paved. shall be planted in grass or other ground cover and maintained. 542. Any develoyer proposing to construct a new building or expand zn existing builaing shall provide the Planning Commission a scaled plan of his development showing: 542.1 The bearings End distances of all lot lines; 542.2 The location aduse of existing and/or proposed buildings or additions, v:ith distances to property lines as well as building height noted; 542.3 Location of right-of-wq' ad curb lines and curb cuts abutting tte property; 542.4 Arrangement or" perking spaces and track servicing areas on ths lot and internal vehicular circulation; 542.5 Location of any eertbunoving and of the storm water drainage system; 542.6 Sidewalks, r:a!ls, or fences on the property; 542.7 Lan2scape plmi Kith particular attention to required buffer areas; 542.8 The locetion of signs, including a sketch of each sign showing its height, width and. support; 542.9 The locztion, disectron and shielding of outdoor lighting. 543, The Flanning Coinmission may waive inappropriate parts of the plan requirements when rAo off-street parking, landscaping and/or other exterior featzres are a part of the proposal. 544. The Commission shall review the submission at its next meeting relative to compliance with this Ordinance, the likely impact of the proposal upor. traffic patterns on adjacent streets, and provisions for protecting a'Sutting residentially zoned properties. 545, The Commission shall render a decision to approve the proposal as prepentsd, approve it with specific conditions or reject it for specific deficiencies within 95 dajrs of first reviewing the plan. The developer, if aggrieved by the Commission's decision, may appeal to Borough Comcil which may uphold the Commission's decision or overturn it.

Section 55~aevelopment in the Limited Industrial (1-9) Xstrict 551. Permitted 'Jses Ani mzl ho spi t a1 Auto repair g.ara&e Ertkery 3uildir.g meteriels bileinese C;lrper,ter or c&inet-m&.irg shop Clothing manufacture Contractor's storage yard kirj or milk distribution plant Dry-cl eening plant Feed grzin business Fruit cc._qi-,ingand packing Ice p1u.t or cold storage I' Lzundry Machine shop Optical good factory Paper box factory Printing, publishing and/or engraving Research and development o rgani zat ion Sheet metal shop Steel fabrication Storage firm Trucking terminal Welding shop Wholesale business 552. Accessory Uses Off-street parking lots (see section 834); Off-street truck servicing areas (see section 840) ; Railroad sidings; Outdoor storage of raw materials and/or finished products if screened from adjacent streets and properties; Walls, fences and landscaping; Offices of the business on the same property; Incidental retail sale of products made on the premises; Signs (see section 960). 553. Conditional Uses Any light manufacturing plant, business that sells principally to industry, or non-retail business similar to, and compatible with, I. the uses that are permitted. Section 560 Development in the Heavy Industrial (1-2) District

I. 561. Permitted Uses Any manufacturing process 562. Accessory Uses Any allowed in the limited industrial (1-1) district 563. Conditional Uses None.

Section 570 Table of Dimensional Standards in the Industrial Districts I- 1 1-2 571. Maximum Height (feet) Principal building 40' none Number of stories 3 no ne 572. Minimum Lot Area none none 573. Minimum Front Yard Depth (feet) 50 ' 50 ' 574. Minimum Side or Rear Yard Depth (feet) 15' 15' Abutting a street 50 ' 50' Abutting a residential zone district 40' 40 ' Abutting a railroad siding no ne none 575. Buffer screens (see section 640) Along street to screen parking and storage areas Minimum width of planted area 5' 5' Along property line abutting a residential district or-directly- across a street from a residential district ? Kinimum width of planted area Minimum height (mature hedge, fence or wall) I6aximilm height (mature hedge, fence or wall) Section 580 heview of Plans in the 1-1 and I-? Districts 581, All industrial processes shall be conducted wholly within an enclosed building except that storee of raw materials and/or finished products may occur outside if fully screened from adjacent streets and residentially zoned properties. All portions of an industrial property not covered b:, buildings or paved shall be planted in grass or other ground cover and maintained thereafter. 582, Any developer proposing to construct a new building or expand an existing building shall provide the Planning Commission a scaled plan showing: 582.1 The bearings and distances of all lot lines; 582.2 The location and use of existing and/or proposed buildings or aaditions with distances to property lines as well as height of each building noted; 5&2,3 Arrangement of parkiq spzces and truck servicing iireas on the property, internd vehicular circul.ation md curb cuts; 502.4 Location of my earthrcoving, elements of the storm drainage system, walls, fences, signs, outdoor lighting rtnd lad- scaping, with particular attention Lo required buf'fer areas; 582,5 Statement by the devel.oper of the type of industrial operations to be carried on t!ithin his pmposea development or addition, with specific reference to possible emission of smoke, dust, fumes, gas, odors, noise or vibrations discernable beyond the property's boundaries. 583. The Planning Commission may waive inappropriate parts of the plan requirements in aq- pzrticular submi--.03uion. 584, The Commission shall review the submission Et its next meeting relative to compliance with this Ordinance, impact upon the environment in the sun-ounding area, a~ldprovisions for buffering abutting residentially zoneci pxoperties. 585, The Commission shn.11 render a decision to approve the proposal as presented, approve it with specific conditions or reject it for specific deficiencies within 95 dws of first reviewing the plan. The developer, if aggrieved by the Commission's decision, may appeal to Borough Council which mwuphold the Commission's decision or overturn it.

Section 590 Public Recreation Zone District 591. Permitted Uses 591.1 Recreational uses open to and operated for the public; Pub1 ic service facilities. +~~5ZZsoryUses 592.1 Maintenance facilities but not including outdoor storage of equipment or materials;. 592.2 Rest rooms, off-street perking areas and food service facilities in support of recreational uses and open only when the recreational uses are in operation. 593. Conditional Uses 593.1 None 594. Dimensional standards 594.1 No building shall be closer than twenty (20) feet to a street right-of-way ; 594.2 No structure shall exceed thirty-five (35) feet in height. Article VI SUPPL,Ei~~NTARY HEG ULAT IONS

Section 600 Lot Exceptions

601. Lots of Record with Inadequate Area or Frontage A lot legally recorded prior to adoption of this ordinance and containing less area and/or having less lot frontage on a public street than required as a minimum for the zone district in which the lot is located, may be developed for any use permitted in the zone district without application being made for a variance provided the lot does not abut other properties in the same ownership and no reduction in depth of front, side or rear yards is required to accommodate the proposed development. 602. Maximum Number of Principal Stnctures on a Lot No more than one (1) principal stmcture, to be occupied by the principal permitted use, shall be constructed on an undivided lot except for the f o 11owing: 602.1 Industrial buildings complex; 602.2 Community unit plan (see section 651); and 602.3 A garage apartment in the R-4 zone district limited to one (1) apartment per lot. 1.n all other cases additional structures on the lot shall be considered as accessory structures and may contain no dwellings. 603. Lot Measurement 603.1 Lot width shall be measured along the front yard setback line between the side lot lines. 603.2 Lot depth shall be measured between the center of the front lot line and the center of the lot line furthest from the front lot line. 604. Rear Lot The Planning Commission may approve establishment of a rear lot whose only access to a public street is a driveway at least twenty (20) feet wide, provided that the area of the driveway is not included in calculating the rear lot or the remainder lot area and both lots meet all requirements of section 440. The portion of' the rear lot abutting the driveway shall be considered the front yard of the lot for purposes of locating a dwelling on the lot.

Section 610 Yard Exceptions 611. Front Yard Setback Line on Streets Partially Developed When ;I vacant lot occurs between two (2) developed lots and the buildings on those lots are set forward of the front yard setback line applicable in the zone district, development on -the vacant lot may be set back from its front lot line the average of the setbacks of the two developed lots. If a lot on one side of a vacant lot contains a building set forward of the minimum front yard depth that applies in the zone district, development on the vacant lot may be set back from its front lot line the average of the setback of the adjacent building and the minimum front yard. depth required for the zone district. 612. Building Projections Permitted in Required Yards 612.1 A building may be set on its lot so that the average of the nearest and most rercte points of a wall adjacent to a side lot line is no less than the minimxm side yard depth required in the zone district containing the lot and the nearest point is no less than one-half the minimum side yard depth. The same may apply to front or rear building walls relative to front or rear lot lines except that the nearest point of such wall to an adjacent front or rear lot line shall be not more than fifteen (15) percent less than the minimum front or rear yard depth. 612.2 Chimneys, eaves, cornices, fire escapes, bay windows, balconies or covered porches shall extend not more than two (2) feet into any required yard on a lot. 612.3 Driveways, uncovered patios or porches, parking areas and walkways shall be located not less than two (2) feet from any side or rear lot line except for access to public streets, unless adjacent property owners agree in writing that driveways, walkways, uncovered patios or parking areas may abut their mutual property line. 612.4 All required yard areas for their full depth shall be open to the sky except as noted in the preceding paragraphs of this section. 612.5 For purposes of this section balconies shall be considered as supported by a building and not touching the ground, porches as raised above the surrounding ground level but not supported by a building, and patios as paved siirfaces at ground level. 613, Setback and Yard Coverage of Accessory Buildings 613.1 Accessory buildings not attached to the principal building on a lot shall be set back from a rear lot line not less than the minimum side yard depth for the zone district containing the lot. 613.2 Accessory buildings shall not occupy more than thirty (30) percent of the rear yard area of the lot on which they are located. Any accessoiy stricture built into the ground or not projecting at any point more than two (2) feet above ground level shall not be included for purposes of this calculation. 613.3 Where the rear yard of a lot abuts a public street, one-half the street width ma.y be included as part of the rear yard for purposes of rear yard depth and area calculations except that no structure may extend into a p.ilblic right-of-ww and no garage may be within ten (IO) feet of a rear street if the doors face the street.

Section 620 Height Exceptions 621. Neasxrement of Height Height shall be meaured as the vertical distance along the wall of a structure between the average of the highest and lowest elevations at finished grade on the front or rear wall, whichever has the lower ground elevations, and the top of the parapet wall on a flat roof building, or halfway between the eave and ridge on the highest portion of the structure on 2 sloped roof building. 622. Height Except ions Chimneys, exhaust stacks, ch.Jrch steeples, flagpoles, water tanks, roof- mounted air hand1 ing equipment and communications equipment meeting Federal Communications Commission requirements shall be exempt from height regulations. 623. Any struct1Jx-e exceeding one hundred (100) feet in height shall not be permitted for erection until the Allegheny County Department of Aviation has ssppmved the construction as it mw affect airplane traffic safety at Greater Pittsburgh Airport. Section 630 Site Grading and Drainage 631. Site Grading 631. I Earth movement shall result in finished grades that do not exceed two (2) horizontal to one (1) vertical unless a report prepared by a professional engineer stipulates that specific steeper slopes in a particular location will not compromise the stability of the completed slope or areas above or below it, or threaten adjacent streets or property. 631.2 Top soil and all vegetation existing on the area to be graded shall be removed prior to grading. Top soil shall be stockpiled for later return to the new slope and protected from storm water run-off. 631.3 Graded slopes shall be planted with a fast-catching grass cover as soon as grading is completed and protected by burlap or equivalent covering until the grass is established. 631.4 Where fill is used it shall be clean fill and placed in layers not exceeding eight (8) inches in depth, thoroughly compacted, and keyed in to undisturbed earth at the edges of the fill. 631.5 No grading shall be permitted except as part of a permitted construction project. 631.6 Where a location off-site in the Borough is used to dump excess cut or borrow fill for an approved project, the off-site location shall also be a permitted construction project. 632. Storm Drainage 632.1 Storm water shall not be permitted, as a result of development under- taken after adoption of this ordinance, to collect upon any property, or to pass from one property to another in a concentrated flow without benefit of a legal easement, or to cross a public street on the surface. 632.2 In the case of a development in which the total of the building construction and paved surfaces on the site exceed ten thousand (10,000) square feet, the developer shall provide, as part of' his design, storm water retention measures designed to hold the flow from the one-hundred (100) year storm of record (5.0 inches in 24 hours) for release at the five (5) year storm of record rate (3.3 inches in 24 hours). Rooftops, parking lots and retention basins may be used to satisfy the requirement. 632.3 In designing the storm drainage system the developer's engineer shall use the publication ''Urban Hydrology for Small Watersheds", technical release No. 55, U.S. Department of Agriculture Soil Conservation Service, January, 1975, and as may be amended, and should consult the Allegheny County office of the Soil Conservation Service before developing his storm drainage plan. 633. Site Restoration Bond 633. I Council may require a developer, after receiving recommendations from the Borough Engineer, to provide a site restoration bond or other security payable to the Borough to guarantee that grading and drainage work approved in the development plan are completed. The bond shall be acceptable to the Borough Solicitor and shall be for one hundred ten percent (1105) of the cost of the work as determined by the Borough Engineer, plus ten percent (10%) for each year after the first anniversary of the bond that the work will be extended. The stipulation that a site restoration bond will be required shall appear on the permit authorizing the work. 633.2 Council may invoke the conditions of the bond or other security if the developer fails to complete the work within the time limit established in the bond, or an extension granted by Council. Proceeds from the bond may only be used to complete the work. left undone or not done in a satisfactory manner in the opinion of the Borough Engineer.

Section 640 Landscape Buffers, Fences and Hedges 641 Fences, hedges and or walls may be placed along lot lines provided they do not exceed four (4) feet in height if along a street right-of-way line or along a side lot line forward of the face of the building on the lot, and do not exceed six (6) feet in height in all other cases. Fences and walls shall be main- tained in good repair and hedges trimmed to keep them within the height limitations. 642. In the event a residence exists on an adjacent lot less than six (6) feet from the common lot line, a fence, hedge or wall along the line shall not exceed in height the horizontal distance between the residence and property line or hedge for the full length of the residence. 643 Planted buffer strips where required to screen residential zone districts from adjacent commercizl or industrial zoneb'(see sections 530 and 570) or to screen a parking area serving a multi-fmily development from adjacent one-family or two-family dwellings (see section 826) shall be at least fifty (50) perceiit opaque when viewed at ground level for their entire length. Hedge plantings shall be at least four (4) feet high when installed. The full width of the buffer shall be planted in grass or other ground cover and maintained. 644 The height of fences, hedges and walls shall be measured along the property lines where they are installed or along the inner edge of' the sidewalk, or, if no sidewalk exists, along a street right-of-way line. 645 . Where changes of grade occur along a zone boundary or edge of a parking lot, or natural or existing planting or a building are already present there, the Planning Commission may recommend and Council approve adjustments to the screening requirements to fit the circumstances. 646 . At street corners fences, hedges and walls shall be set back at least twenty- five (25) feet from the point of intersection of the street curb lines, creating an open triangular area whose sides are at least twenty-five (25) feet long. The Zoning Officer may order a fence, hedge or wall removed or a hedge trimmed in a front or side yard when such obstruction clearly interferes with traffic safety on streets abutting the lot. 647 A security fence protecting any commercial, industrial, public or semi-public property may be extended to ten (IO) feet in height provided any portions more than eight (8) feet high are chain link-type metal fencing. 648. Any outdoor swimming pool, defined as a container with water depth greater than eighteen (18) inches. and surface area greater than sixty (60) square feet, shall be surrounded by a fence not less than six (6) feet high containing no openings greater than eight (8) inches in any direction, access through which is controlled by a gate capable of being locked and/or through the main building in the property. Private swimming pools accessory to a one or two family dwelling and on the same lot shall meet setback requirements for dwellings in the zone district and all applicable public health and sanitary requirements. 649. Appealsfrom strict adherence to these regulations, as they apply only to fences, hedges, walls and/or swimming pools shall be made to Borough Council. Section 650 Standards and Review Procedure for Community Unit Flans and Commercial- I+~lti-Fmily Pians as Conditional Uses

651. Conmunity Unit Plan 651.1 The owners of any tract of land in the R-1, R-2, R-3, R-4, or R-5 zone district containing an area of at least two (2) acres may submit a plan for the development of the tract to the Planning Commission, provided that: 651.11 All buildings in the plan are one family detached dwellings, plus accessory structures and com.unity facilities to serve the plan residents; 651.12 The overall density on the tract, exclusive of public streets, does not exceed five (5) dwellings per acre if the tract is in R-1 or R-5, seven (7) per acre if in R-2, or twelve (12) per acre if in R-3 or R-4; and 651.13 A recreation area with appropriate equipment is provided for the residents of any plan containing twelve (12) or more dwellings, sach recreation area not less than two hundred fifty (250) square feet per dwelling. 651.14 All the dimensional stvldards that apply in the zone district containing the tract (see section 440) shall apply except that the minimum lot area requirement is waived and side yards in any zone mqr be not less than five (5) feet and rear yards not less than twenty (20) feet. 651.15 Each lot to be sold in the plan shall abut a public street either existing or to be built by the developer in accordance with Borough street construction standards. 651.2 The owners of aqy tract of land in the R-I, R-2, R-3, R-4, R-5, or C-3 zone district cor,taining En area of at least five (5) acres may submit a plu? for the development of the tract to the Planning Commission provided that: 651.21 The buildings in the plan are one-family, two-family, multiple- family or row dwelling buildings, plus accessory structures and community facilities to serve the plan residents; 651.22 The overall density on the tract, exclusive of public streets does not exceed five (5) dwelling units per acre if the tract is in R-I, seven (7) per acre if in R-2, twelve (12) per acre if in R-3 or R-4, or sixteen (16) per acre if in R-5 or C-3 and 651.23 A recreation area with appropriate equipment is provided for the residents of aqy plan containing twelve (12) or more dwellings, such recreation area not less than two hundred fifty (250) square feet per dwelling. 651.24 All the dimensional standards that apply in the zone district containing the tract (see section 440) shall apply except that the minimum lot area is waived and side yards in z.ny zone rnw be not less than five (5) feet and rear yards not less than twenty (20) feet on one or two-family lots. 651.25 Each lot to be sold in the plan shall abut a public street either existir,g or to be bililt by the developer in accordance with Bo rough street construction standards . 65 2. C omme rc i a1--Mu1 t i -2' ami 1y Dwe 11 ing P 1an 65 2.1 The owners of any tract of land in the R-5 zone district may submit a plan for the development of the tract to the Planning Commission for one (1) or more buildings containing both apartments and commercial uses provided that: 652.11 Apartments and the access to them inside the building occupy at least fifty (50) percent of the floor area of any building, including the street floor and floors above; 652.12 Commercial activities are confined to the street level floor and are limited to bakery outlet, barber shop, beauty shop, candy and ice cream store, delicatessen, drug store, dry cleaning pick-up, laundromat, newsstand, or business or professional off ices; 652.13 Separate entrances and parking areas on the prope,rty are provided for the apartments, segregated from the corrunercial entrances and parking areas; 652.14 All the dimensional standards that apply in the R-5 zone district (see section 4.40) shall apply for a commercial- mu1 t i-family dwelling plan. 653. Minimum Dimensions Between !Iulti-Family Buildings 653.1 Minimum yard depths required in each zone district shall be main- tained around the periphery of each multi-family plan. 653.2 When several multi-family buildings occupy the same lot the minimum distances between them shall be: 653.21 blain walls, front or rear, face each other: 60 feet; 653.22 Side walls face each other: 20 feet; 653.23 Main wall faces side wall: 30 feet; 653.24 A main wall shall be considered one in which all the windows of any one apartment are located. All other walls shall be considered side walls; 653.25 Walls shall be considered as facing one another if they are parallel or fortn an angle of not less than 45 degrees. If walls on neighboring buildings are not parallel, the averap distance between them (closest and furthest points apart) shall be not less than the minimum distance. 653.26 No two build.ings shall be less than 15 feet apart at any point. 654. Maintenance of Open Space 654.1 The parking areas , access drives , walkways, recreation areas and landscaping in a multi-family plan shall be maintained by the property owner on a continuing basis. 654.2 'In the event a,ny or all dwellings in the plan are to be sold, the owner shall establish a homeowner's association, the rules and regulations of which shall be reviewed and found acceptable by the Borough Solicitor as providing adequate protection for both the Borough and the plan residents. Membership shall be a mandatory condition of purchase. Voting power shall be based on one (1) vote per owned dwelling, vested in the owner. Not less than twenty-five (25) percent of the members shall constitiite a quorum for conducting business and a majority of the quorum may pass a motion to take action on behalf of the association. 654.3 All areas in the plan, inside and outside, not to be sold or leased, shall be maintained by the association, which shall meet at least annually to establish assessments, authorize maintenance projects and pay bills.

*- 655. Submission Requirements 655.1 An owner proposing to build a multi-family building plan shall submit to the Planning Corcmission at least three (3) copies of the following information, prepared by a registered architect or engineer on scaled drawings : 655.1 I The bearings and distances of all lot lines; 655.12 The name and address of the owner and of the designer together with the latter's seal, date of plan preparation, scale of the drawing and north arrow; 655.13 Location of abutting streets, showing curb line, sidewalks, utilities and access points into the property; 655.14 Location of building or buildings proposed on the property with dimensions to property lines and street setback lines and location of nearest wall of buildings on adjacent lots; 655.15 Location of parking area, showing each space and access drives; 655.16 Contours at two (2) intervals or less throughout the property, elevations at each corner point, the location of any cut or fill, indicating percent of finished slope in each area; Storm water management plan, showing storm lines, connection to existing storm sewer, and any retention devices. 655.18 Landscaping plan, indicating trees, hedges, shrubs and ground cover; and 655.19 Eeight of each building and number of dwellings in each. 656. Plan Review 656.1 The Commission shall review the Submission at its next regular meeting relative to compliance with this Ordinance, the likely impact of the . proposal on traffic patterns on adjacent streets and provisions to buffer adjacent properties. 656.2 If the proposal is for a Community Unit Plan or a Commercial--Multi- Family Plan, the Planning Commission shall call and hold a public hearing (see sect ion 1 253). 656.3 The Planning Commission shall render a decision to approve the proposal as presented, approve it with specific conditions or reject it for specific deficiencies within 95 days of first reviewing the plan. The owner and Borough Council shall be informed immediately after the decision in writing, with reasons for rejection or any attached conditions of approval noted. 656.4 The owner, if aggrieved by the Commission's decision, may appeal to Borough Council which mcg uphold or overturn the Commission's decision.

Section 660 Special Residential Uses 661. Home Occupations 661.1 A home occupation may be approved as a conditional use by the Planning Commission for a single family or two-fmily dwelling provided: 661.11 No changes in the exterior appearance of the dwelling are made to accommodate the occupation; 661.12 The occupation is operated by a resident or residents of the dwelling without other assistance; 661.13 The buisiness is of an office or personal service nature with customers, clients or patients seen by appointment only;

2.7 661.14 Any retail sales transacted are incidental to the business; and 661.15 No part of the business except customer parking is outside the dwelling. 66 1 2 The following occupations shall be considered as home occupations : 661.21 Office of a doctor, dentist, chiropractor, lawyer, accountant, architect, engineer, insurance or real estate salesman or similar professional; 661.22 Barber, beauty operator, dressmaker, tailor, watchmaker, tutor or musical instrument instructor teaching one person at a time. 661.23 Similar service businesses that will not create traffic congestion or involve repair of items that cannot be carried in by an individual. 661.3 The Planning Commission shall review a home occupation proposal in terms of the proposed location with reference to available off-street parking on the property, or parking on the street, and likely impact of the home occupation on neighboring properties. The Commission rnay authorize the Zoning Officer to issue an occupancy permi.t if it approves the home occupation. 662. Boarding or Lodging Home 662.1 Any one-family detached dwelling occupied by and owned by a family whose members are related by blood, marriage and/or adoptlon may also accept not more than two (2) boarders or lodgers, or one boarder and one lodger, pmvided one (1) off-street parking space is availab1.e f'or each boarder or lodger on the same property as the dwelling. 662.2 Any one-family detached dwelling in the R-5 zone district may be rented to not more than five (5) boarders or lodgers or combination totaling provided the proposal is reviewed and approved as I' five (5), a conditional use and the off-street parking area on the property f'or five (5) spaces is paved in accordance with section 820 of this Ordinance. 662.3 Any boarding or lodging home covered by 662.2 shall have secured a permit from Allegheny County Department of Health before the Borough may issue an occupancy permit. 663. Day Care Center 663.1 Any one-family detached dwelling occupied by a family may also contain a day care center for not more than six (6) pre-school age children or dependent adults provided no overnight accommodations are included and the facility is approved by and operated under the requirements of the State Department of Welfare. 663.2 A church or similar community organization rnay operate a day care center on its premises but not in a dwelling building for a number of clients approved by the Department of Welfare. 664. Foster Care Home or Half-Way House Any one-farnily detached dwelling may be converted to a foster care home or half-way house provided any two (2) such facilities are at least 2,500 feet apart, the facility is operated by an agency licensed by the Commonwealth, trained staff are on the premises whenever the residents are at home, and the residents have been placed in the home by court order or by an agency of the Commonwealth or of Allegheny County. 665. C o nv e r s ion Apart men t Any one family detached dwelling in the R-3 or R-4 zone district may be converted to two (2) dwellings provided each dwelling contains at least 400 square feet, each has its own private full bathroom (toilet, sirk, shower or tub) and kitchen (stove, refrigerator and sink), each has its own access directly to the outside independent of the other, and each has one off-street parking space on the lot. 666. Garage Apartment In the R-4 zone district an apartment may be erected over an accessory garage, provided such apartment is not less than 400 square feet in area (not including access stairs), a full bathroom and kitchen facilities are provided, no more than one such apartment occurs on any lot and one off- street parking space is available for the apartment residents' use on the lot. 667 . Apartments in Commercial Buildings In any commercial zone district apartments may be constructed on the second ancl/or third floor provided each such apartment contains not less than 400 square feet, each has its own full bathroom and kitchen facilities, each has access via a corridor and stairs to an outside entrance separate from any store access, and one off-street parking space for each apartment is available on the lot or within 500 feet as a leased space in a parking lot. 668. Individual MoSile Homes on Their Ohm Lots A mobile home (see definition 254) may be placed on a lot in any Residential zone district provided the mobile home is the principal building on the lot, the hone is placed on concrete piers carried three (3) feet below grade, the area between the bottom of the home and the ground is enclosed by a masonry wall with vents, the home is secured by tie-downs attached to the piers, and the home is connected to public sewer and water lines, set on its piers with masonry skirting completed before an occupancy permit is issued. No mobile home shall be permitted whose exterior length times width dimension is less than seven hundred twenty (720) square feet. 669. Wursing, Convalescent or Retirement Home 669.1 A nursing, convalescent or retirement home (see definition 258) whose construction or renovation and operation has been approved by the State Departments of Health and Labor and Industry may be permitted as a conditional use in the R-5 zone district. 669.2 In the event a fomer dwelling is proposed for conversion to such a home, no exterior changes shall be made to the building appearance facing a street to accommodate the conversion except for fire safety measures. 669.3 Off-street parking areas shall be paved and developed in accordance with Article VIII, particularly 831.5 or 832.3. 71 1 .a

7'1.3 Ti;i Zcrrnicsicn TEJ v;aive izAs of "5k.e cite ;;.la a-:kmiseion th.at are c3.e~rl.y irrelevant in z particular case, 772. Tie Ccruiiission shall review tte Cocuments at its next meeting and may ?,?prcm? the >la 3s s-xbmitted, reject it, .'.piIrove it xith specific conditiom to be met by tke develoFer, tz5le it for fL;rtt?er infcrmtion, or sckedlile a piclic kezring on'it to gather p~3licor,inion. 773. The Cormissioc ?hall note its discussion of the 2mpos;il and its recnmr..en- dation to BoroJgh Council in its minutes of the meeting 2nd shall slrbmit a copy to tSe ?.eveloper ad copies to Council, tcgethar Kith the developer's s :.Cc ;II is e ion . -I! 14, Co1incj.l s'r.:;:l review tha Zonnisaion's reconirr.e-2ztior.s 2.t Conncil 's r;,ext r9,-~112rEeeting and shall vote to axept or reject the rscormsndatiocs. CQ?-J cf Cour.cilts decision shall be sent to t.ke Pleming Commission and the developr. Section 726 801.

83?.

e33 .

80L

. 33 814. Off-site parking lots: Required parking shall be on the same property as the use served unless a second property in the same ownership as the one containing the building to be served is provided for parking within the distance limits established in 813, or a second property is leased for such parking. In either case the second property shall be available for the life of the use to be served and guaranteed as such by covenant filed with the Bo rough. 815. Parking space credits: In determining the number of spaces to be provided for a commercial use, the developer may subtract from the number required fifteen (15) percent of' the spaces within a Public Authority lot the nearest edge of which is not more than six hundred (600) feet from his building entrance, 'plus any space in the street abutting his property. 816. Sharing of a parking lot: Where several uses share the sane property, the parking required for each use shall be added together to determine the total number of spaces needed for the property. 817. Use of parking lots: Parking areas and lots shall be used only for the storage of passenger cars and trucks with a gross weight of not more than one-half (-$) ton. No storage of derelict or unlicensed vehicles shall occur in a parking lot or area and no repair services other than windshield replace- ment and emergency road services shall take place there. 818. Joint use of a parking lot: The Planning Commission may recommend, and Borough Council may approve, joint use of a parking lot or area when it is clear the uses, such as a church and a commercial venture, will not overlap on their use of the lot and the lot is posted to indicate when each use will be accommodated.

Section 820 Design Standards I 821 . Surfacing: Parking areas or lots serving any commercial, industrial, public or semi-public use or any residential development where more than two (2) dwelling units share the same parking area shall be surfaced and maintained. Surfacing shall be supported by four and a half (4%) inches of well-choked and compacted crushed limestone or slag base course and shall consist of a one (I) or two (2) layer bituminous surface course not less than two (2) inches in depth provided and placed in accordance with current PennDOT specifications. 822. Slope of lots: Parking lots or areas shall. be sloped not less than one half of one percent ($$) and not more than six percent (67;) towards an acceptable storm drainage system. 823. Storm drainage: Drainage from any parking lot or area shall be ga;thered on the same property and directed to a public storm sewer. In no case shall storm water flow on the surface across a street or a neighboring property. If the existing storm sewer is likely to be unable to handle .the added flow from the lot or if no storm sewer is available, the developer shall handle drainage from his site in accordance with section 632 of this ordinance. 824. Slopes abutting the lot: Where the grade beyond the edge of a parking area slopes downhill and parking spaces are arranged at right angles to the edge, stop bars or a curb shall be provided along the edge. Embankments shall be placed in accordance with section 631. Where the grade slopes uphill from the edge of' the lot a swale shall be provided adjacent to the paved surface sloped to the storm drainage system. 825. Striping: Parking spaces shall be marked off in yellow or white traffic paint stripes at least five (5) inches wide the full length of the space. 826. Setbacks and screening: Whenever a parking lot occurs in a residential zone district, the edge of the parking surface shall be set back from side or rear property lines not less than two (2) feet, and from abutting streets not less than the minimum front yard required in the zone district, or the building setback on adjacent lots if that is less to accommodate a planted hedge to be installed and maintained at a height of not less than four (4) feet. The full width of the setback areas shall be landscaped. In lieu of a hedge, a four (4) foot high masonry wall or solid wood fence may be substituted for the hedge. If natural changes of grade or landscaping define the edges of the parking lot, the Planning Commission may recommend and Borough Council

' may approve adjustments in the setbacks and screening to fit the circumstances. 827. Access: Entrances to parking lots shall be not more than twenty-five (25) feet in width, not including curved returns at street curbs. , Entrances shall be located as remote as possible from nearby street intersections, and secondarily f mm ad jacent residert ial properties. 828. Lighting and signs: Parkirig lot lighting shall be arranged so that the light source is not visible from adjacent or gearby residential properties or streets and so that the light level on the parking lot surface does not exceed three (3) foot candles at any point. Any signs in a parking lot shell be strictly functional, denoting only information relevant to the use of the lot. -

Section 830 Schedule of Off-street Parking Requirements 831. Residential Uses 831.1 Building or groap of buildings on the sane lot containing three (3) or more dwelling units: two (2) spaces per dwelling unit if the total number of dwelling units is less than twenty (20), or one and a half (1%) spaces per dwelling unit if the total is twenty (20) or more; 831.2 Ilulti-fzziily bJi1dir.g to be occupied solely by elderly residents: one (1) space for eech two (2) dwelling units; 831.3 Conversion zpartment, efficiency apartment or garage apartment: one and a half (1%) spaces per asartment ; 837 04 Fraternity or sorority ho.se: one (1) space for each two (2) residents at peak capacity; 831 -5 Retirement home: ore (1) space for each three (3) apartments; 831.6 Boarding or lodging house: one (1) space for each boarder or lodger; 831 *7 DE^ care center: one (1) space for each four (4) persons enrolled at the center; 831.8 Half-wq- house or foster care hone: one (1) space for each staff member on the largest shift plus one (I)space for visitors; 831.9 Home occupation: one (1) space for each three hundred (300) square feet of floor area used in the business.

3 F: 832. Public and Semi-public uses 832.1 Church or other place of assembly, including a theatre: one (1) space for each four (4) persons who can be seated simultaneously, or one (I) space for each seventy-five (75) square feet of floor area in the assembly hall, whichever is greater; 832.2 School: two (2) spaces for each classroom, plus one (1) space for each four (4) students in grades eleven or above or in vocational or technical training; 832.3 Hospital, nursing or convalescent home: one (1) space for each two (2) beds; 832.4 "Inicipal, government or public utility service building: one (1) space for each five hundred (500) square feet of floor area. 833. Commercial uses 833.1 Retail commercial business, personal service shop, or medical or dental clinic or office: one (1) space for each two hundred fifty (250) square feet or" floor area; 833.2 Offices except medical or dental: one (1) space for each four hundred (400) square feet of floor area; 833.3 RestaurarLt or tavern: one (1) space for each three (3) persons who can be seated simultaneously, plus five (5) spaces if take-out service is available as part of the operation; 833.4 Iilotel or hotel: one (1) space for each sleeping room; 833.5 Roller rink or pool hall: one (1) space for each one hundred fifty (150) square feet of floor area; 833.6 Bowling alley: six (6) spaces for each lane; 833.7 Funeral home: ten (IO) spaces for each reposing room; 833.8 Outdoor retail sales: one (1) space for each six hundred (600) square feet of lot area devoted to outdocr sales. 834. Industrial uses 834.1 Manufacturing, processing or research: one (1) space for each two (2) employees onthe largest shift or one (1) space for each seven hundred fifty (750) squere feet of floor area, whichever results in the larger figure. 834.2 Warehousing, storage or terminal operation: one (1) space for each one thousand five hundred (1,500) square feet of floor area and outdoor lot area used in the operatiox.

Section 840 Off-street Loading 641. Any development proposal, whether new construction, renovation to accommodate a new use, or expansion of an existing use shall, where an alley does not exist adjacent to the property, provide off-street loading in accordance with this subsection. 842. The off-street loading s~aceor syaces shall be at least ten (IO) feet wide by thirty-five (35) feet long with a clear height of fourteen (14) feet. The space or spaces shall be located so that trucks m;W enter and leave the property moving in a forward direction. The loading spaces and access to them shall not interfere with the use of, or be considered a part of any required off- street parking on the property. 3 I; 843 . When several buildings co:ngrise the sme use, one building may be designated to receive md/or ship goods bilt the floor area of all the buildings shall be combined to determine the number of loading spaces to be provided. 844. Loading areas shall be sloped, paved, drained and screened as for parking areas . 845. Minimum loading requirements 845 .a Ilultiple fzriily dwellings: one (1) sp&ce for the first thirty thousand (30,000) squc?re feet of floor area plus one (1) additional space for each additional forty thousmd (40,000) square feet 03 floor area, except that no sp.ce shall be required for any building with le6:; than ten thousand (10,000) ncpz.1-e feet of floor area.. 845.2 Commercial ani! inclustrial uses: one (1) space for each tL:n thoiisanc! (10,000) syucre feet of floor' :.rea, except that no space .:iiall be r.cqiiir*c;.d fox. uy use wit11 1 esr thai: three t!io:1-;:nd (3, QO.-) sclui:i~: feet of floor area. 845; 3 Warehousing, s'lxrege or terninr.1 operations: one (1) sp~:cefor each seven thousand five hurndrec! (7,500) square feet of floor. LreE. Article IX SIGNS

Section 900 Definitions of Terms Peculiar to this Article

901. Sign--a structure or device projecting a message by words, symbols and/or pictures designed to be viewed by the public from outside a building, but not including the physical support of the sign. A sign may be self-supporting, attached to a building or another structure, or painted on a building. 902. Sign area-all the area of the panel containing the sign message or all the area enclosed by connecting the extremities of the sign's interrelated parts. Where a sign has several faces the total area of all faces shall constitute a sign's area, 903, Free-standing sign--a sign supported entirely by its own structure set in or on the ground and not attached to a building or other structure. 904. Wall sign--a sign applied flat to, or painted on a building wall and projecting no more than eight (8) inches from the wall face. 905. Projecting sign-a sign attached to a building wall along one edge, or attached to the wall by a bracket perpendicular to the wall surface. 906 Billboard--a sign advertising goods or services not produced or available on the premises containing the sign except incidentally but not including political, public or charitable agency signs. 907. Marquee--a permanent shelter over a building entrance supported by the building and extending laterally from the building's face. 908. Temporary sign--a sign permitted to be in place for a period not exceeding thirty (30) days unless specified for a shorter period.

Section 9lO Sign Limitations 911. No animated signs, involving the entire sign or any parts thereof, whether mechanically or wind activated, shall be permitted. 912. No signs illuminated by a flashing, pulsating or intermittent source and no strings of bare bulbs shall be permitted. 913. No signs lighted in such a manner or sited so as to create glare conditions on adjacent or nearby streets or residential properties shall be permitted. 914. No sign shall be placed on the roof of any building, or placed to project above the top of a wall or above a gutter line, or to extend beyond the ends of a building wall. 915. No sign shall by reason of location, lighting or height create a traffic hazard by obstructing sight distances or vision of traffic control devices, or by confusing motorists. *

921. The i'ollol.!in(;. types of signs shall require no permit but shall be other.- wise subject to the regulations of this article: 321 .I ,2qr si@ erec-ted by any level of government ; 921 :2 IGemorial tablet erected by a public or non-profit organization; 921'.3 Unlighted real estate sales or leixe sign pleced on the property for sale or lease; 921 ..4 Unlighted sign of contractor plaxd on the property on which the firm is doing work, to ke remove2 urpn completion of vork;

921.5 Sign identifying the nme of i: 'cuilding but includinc no advertising; 921.6 Sign identifying the nane and. zddress of the occupants of a residential proyerty, or a home occupation; 321 07 Iiolidq decorztions and national and state flags; 921 .a Billletin board of a public, chcritable or religious institution on the tjaiiic pro:xx.ty as 'the imtitution provided the sign iG internally lighted.

Section 930 i'crmits * 331. A permit is:;uad by the Y,oriing Cfficer shall be required before any sign rnw be erected, changed, or moved, except for those signs hfhich are exempt.

932. Si&= pi.r,iits shall contain the following information, pmvided by the , appl. icnnt : 332 .1 Idtune, a&!dresr aid phone number of applicant, contractor to erect the sign, and owner of the proprt.7, and ddrccs of property if different from owner;

?32'.2 Stztement of permission pit:ited by the pi*o,erty oid~)(xfor erection of the sign if o!.mer end applicrnt zre not the same; 932'.3. Location of' the sign on the 2roperty relative t:, buildings and property lines md hei&t of sign froill ;round .level io top of sign, with dimensicne not e cl ; 332.4 A copy of the drminz fron s;hic'ti the contractor will erect the sip, including an elevation ,vim; ai: method of n-ttaching the sign to the ground. or to the building; 932 .,5 Lkidence that the ci,plicm-t 1:~:insurmxe in force t1in.t will a'usolve the Eoi-ough frorLiany l.i&ility 2:: 2% result of bodily injury or property dauria&e caused by the siLm*s collapse during erection ;Lnd afterwards. 933. ?he cost of sign permits shall be es:-tai;lisheil hy resolution of Jhrough Council . Section 340 I

t Sign ind5cating propertg for sale or leae identifying braker or OIme~~s nme, address cad phone riunter and nature of propose6 tramation, s~ch ci? npt grezter thm sixteen (16) square feet ea& face; Sign or bulletin boani identifying a. public or semi-public institution an2 activities carried on ljy the institution, suck! sign not greater thLq thirty-tv?o (32) square feet in area; Sign identifying a contractor employed on a property, such sign not exceeding sixteen (16) sqdare feet in area each face and limited to oire per contrxtor;

Tenporayy sign dvertising zffzirs of il cultural, religious, politiczl, educationel or public orsanization, limited to sixteen (16) square feet in area emh face; Teqorzry privete ccrxe or porch sale sip, limited to two (2) per sde event, e.xk not grester than sight (8) squere feet in areE- each face, for rio more thm sever, (7) dqys once in each calendar yeer; Sipr erected by qylevel of government;

Kernoriel tz'clets erecte? by i: pblic or non-profit organization, holidcy decoretionz aid st;,te wi nc?.tional flzgs. 942. Locatio3 of Sipis 3,iZ.A SipE shzll be loczted only on the gmperty coiitainigg the use identified ky the si3 except for public or tenporary signs.

34.2.2. Signs shall be loczted on12 in a yzrd or on the face of it tuilding abutting a street, ad. sl:d,11 not ex'cend into a pblic right-of-xy. 9b,F;J Sips nq- be free-stm2irig, zttached to a fence or private lamp7ost or applied flzt to a. id1 of the principsl building on the property.

~LJz.~ iTo more t2iz.n ii+o (2) sips sli~llbe pem.itted on a propeyty at ELXI- time, except thet if the properLy itbuts two (2) or more streets, two (2) si9-s mjr le present OP, esch ctreet frontage. [email protected] Iio sip sYdl 3e light@

Section 950 Sif~sin t?ic Connercizl Zom Districts

951. Permitted types or" Sips 951 .a hi sip-. permitted ir. the ltesidential zone districts; 951-2 Sign ibentifz-ing a business on the same property as the business. 952. Lz7:inm size of siss 952.4 The tot23 area of A1 permnext sigs on aqr property shall not exceed Ache propert:;*s street frontzge in linezl feet, not inclilding aq- frontase os a~ elle;.. 952.2 Regardless of the frontage, any property shall be entitled to at least thirty (30) square feet of signage, and no property shall have signage exceeding one hundred fifty (150) square feet in area. 952.3 Free-standing signs shall not exceed sixty-four (64) square feet each face . 952.4 Wall signs shall not exceed ten (10) percent of the area of the wall to which they are attached, including the area of doors and windows. 952.5 Projecting signs shall not exceed sixteen (16) square feet in area each face and shall not extend more than three (3) feet from the face of the wall to which they are attached. 952.6 Signs attached to or painted on the edges of a marquee or an awning shall not extend above or beyond the edge, but shall not be more than three (3) feet in height, whichever is less. 952.7 I@ sign shall extend more than twenty-five (25) feet above ground level, measured from the topmost part of the sign to the ground below. 953. Location and illumination of signs 953.1 Free-standing signs shall be located between the principa? building on the property and an abutting public street and shall not extend into the public right-of-way. 953.2 Wall signs and projecting signs shall be located between the heads of doors and windows on the first floor of the building and the sills of second floor windows, or the top of the parapet or the gutter line if the building is one story in height. 953.3 Where a building wall coincides with, or is less than three (3) feet from a street right-of-way line, wall signs and projecting signs may extend into the right-of-way. 953.4 Businesses occupying upper floor offices may paint identification signs on their windows, limited to one (1) such sign per business, or two (2) if the office has windows on two streets, such signs allowed in addition to others permitted on the property. 953.5 Signs may be illuminated from within or from a light source that is not visible from adjacent or nearby streets or residential properties. 953.6 No commercial sign face shall be lighted that is parallel to and directly across the street from a residentially zoned and occupied property. 954. Temporary signs 954.1 Temporary free-standing sips not exceeding in area thirty-two (32) square feet each face may be approved by the Zoning Officer for a period not exceeding thirty (30) days provided such sign meets all requirements of this article and no more than one (1) such sign is present on the same property at the same time. A second permit for such a sign may not be issued until at least thirty (30) days after expiration of the first permit. 954.2 Temporary flags, banners and streamers may be approved for special promotions or events at the discretion of Borough Council.

a! Section 960 Signs in the Industrial %one Districts

961. Permitted types of: signs 561.? Any sig-n pernittad in the Commercial Zone districts; 961 .2 Billboard. 962. Ikximum size of signs 962; 1 Free-standin2 signs shall not exceed one hundred twentpeiglit (128) square feet on area each fzce; 962.2 IIall signs shall not exceed ten (10) percent of the areit of the wall to vihich they are attached, including the area of doors and windows; 962.-..3 Projecting signs shttll not exceed thirty-two (32) square feet in area each face, shell not extend more than four (4) feet from the wall face, or be less -than ten (IC) feet above the gmund level below. 362 .A Billboards zhall not exceed three hundred (300) squzre feet, nor be less than one hundred twenty-eight (928) square feet in ari3a.. ~62.~5IJo sign sh;ll extend more than fifty (50) feet above ground level. 962.6 It0 billboard shill be loczted directly across the street from, or within one hirndred (100) feet of a residentially zoned pi-operty. 963. Illumination of signs 363..4 Signs may be illuminated from within or from a light nource that is not visi'ulc from adjzcent or nearky streets or residential properties. 963.2 No sicn face shall he lighted that is visible or part1.y visi.ble from a, residentidly zoned property.

Section 970 Tlaintenmce

971 If the Zoning Officer shall find arw sizn or sign structure to be umafe or to have been erected or nainhined in violation of this Ordinance, he shdl eive written notice to t'le owner citinc the conditions found and the zct iom needed to gain comyl iact:. 372. If,' after thirtx (30) dajs froin the date the notice VJZS sent, the corrections hi2ve 110% been made, the ovmer ~hz.11be subject to sunma.ry proceedings a:; provided by Section 1240, aid in aldition the Zoning Officer mw caurje to have the offerding nicn repaired. or removed with tho costs assessed the wner, who shall be denied any further sign permits uitil such costs have been paid. in fnll. 973 0.ui;?'ni.i which are €ound to be causiiig ai inunedi:1,te menze to the public may be removed or caused to be removed ii.imedit?tely by the Zoning Officer without notice ;slid the cocts zoseesed the OLZQ~.

974 0 Signs advertisirtg places of l-~usi~essor activities trhich terminate operations shall be removacl., including the ripporting structmes, by the owner within oixty (60) dqs of such tennina-tiorr 31% be s~hjectto Section 972. Article X NON-COhWRJl ING USES

Section 1000 Application The provisions of the Article shall apply to buildings, structures, signs, lands and uses which were legal prior to adoption of this Ordinance but which would not be permitted as the result of the application of this Ordinance to their location or use in the Borough, or as a result of the reclassification of the property containing them, or of the adoption of other amendments to this Ordinance after the. initial passage. This Article is concerned with properties of inadequate area and/or frontage, uses of land and/or structures for activities not permitted in the zone districts where such land and/or structures are located, and structures placed on a property too close to property boundary lines or too high for c.ompliance with standards of the zone district in which they are located.

Section I010 Non-ConforminP Lots of Record Any property in separate ownership legally recorded in the Allegheny County Recorder of Deeds Office prior to enactment of this Ordinance and abutting on both sides along a common street properties in a different ownership may be developed for any use permitted in the zone district where such property is located regardless of the property area, width or shape, except that if the proposed development includes a reduction of minimum yard widths or required parking or loading areas, a variance shall be obtained from the Zoning Hearing Board before development may commence, Properties of inadequate size or frontage shall be developed for no more than one (1) dwelling unit in zone districts where dwellings are permitted, If abutting lots of inadequate area or frontage are in the same ownership the group of lots shall be considered one property and shall not be developed unless as one property or as subdivided to create new lots meeting the minimum requirements for lots in the zone district containing the lots.

Section 1020 Non-Confoming Uses of Lands and Structures 1021. Where at the effective date of adoption or amendment of this Ordinance lawful use of land, or land and the structure or structures on it, exists and is made no longer permissible under the requirements of this Ordinance, as adopted or amended, such use may be continued indefinitely, so long as it remains otherwise lawful, provided the following conditions are applied. 1022. No such non-conforming use of land shall be extended by acquisition of additional land to occupy a greater land area than was occupied at the effective date of adoption or mendment of this Ordinance, nor shall such non-conforming use be expanded to occupy an area on the lot more than twenty-five (25) percent larger than was occupied at the date of adoption of this Ordinace, or adoption of an amendment that made the use non- co nf o rrning , 1023. No structure containing a non-conforming use but capable of being enlarged without violating setback or height requirements in the zone district where it is located may be increased in volume more than twenty-five (25) percent over the volume of such structure at the time of adoption of this Ordinance or subsequent amendments that made the use non-conforming. A non-conforming use which occupies part of a structure may be extended throughout the structure it occupied at the time of adoption of this Ordinance or subsequent amendment that made the use non-conforming, but the expansion iinder such circumstances may not be extended to occupy land outside the original Etructure.

1024. If any such non-conforming use of land or use of' land and structures in combination ceases or is abandoned for any reason including destruction of builaings, for 2 perlod of at least one (1) year, any subsequent use of such land, or land and structures in combination, shall conform to the regulations for the zone district where such land is located, except that where a hardship to the operator of' the non-conforniing use clearly exists as a result of financial, health or other calamity, the Zoning Hearing Eoard may grant an extension of the one (7) year limit consistent with the haraship, but not more than one (1) additional year.

1025. Assuming no structural alterations are made to the building containing a non-conforming use, the use may be changed to a second non-conforming use but only after an spplication has been filed with the Zoning Hearing Board and the board concludes tnat the second use is more compatible with the uses permitted in the zone district than is the original non-conforming use.

1026. Each succeeding owner of a non-conforming commercial or industrial use shall secure an occupancy permit from the Zoning Officer who may ask the Zoning Hearing Board for a decision if he has reason to doubt that the non-conforming use will be continued in the same manner as formerly or in a manner more compatible with the permitted uses in the zone district.

1027. The non-conforming use of a structure and/or land, or combination of structure and land may be superceded by a use permitted in the zone district where the property is located. ana the use of the premises shall thereafter conform to the regulations 02 the zone district.

1028. Where a non-conforming use or" stricture and premises exists in combination, the removal of the structure andor use in the structure shall terminate the non-conforming use of the premises.

1029. The maintaining or strengthening to a safe condition of' any non-conforming structure shall not be interpreted as being denied by any portion of this Articl e.

Section IO30 ?ion-Confo rming Structures

10.31. \.ihere a Etructure exists on a property at the effective date of this Ordinance or any amendment to it and does not conform to the requirements regarding height or minimum setbacks from adjacent streets or lot lines, such structure ma;r remain indefinitely subject to the following provisions.

I No structure may be enlarged or altered in a way that creates a non-conformity or increases ar~existing non-conformity, Any replacement of a non-conforming structure shall be made in compliance with the regulations governing development for the zone district in which the property is located, except that if a hardship is alleged by the owner, he may request the Zoning Officer to approve replacement on t,he same foundation that supported the structure to,be replaced, but in no case a .location that was more non-conforming than the original location, If a non-conforming structure is moved, it shall thereafter conform to setback requirements regarding location on the property,

Sect ion 1040 -Record of lion-Conforning Uses lO4l. The Zoning Officer shall identify and register all uses of land and. structures in Coraopolis Borough made non-conforming as a result of adoption of this Ordinance. 1042. The Zoning Officer shall keep the data current by the addition of non-conforming uses as amendments to this Ordinance are adopted and by the deletior, of non-conforming uses as they are eliminated. 1043. The record mw be kept by map or written documentation. 1044. Any property oi

Section 1100 Functions of the Board

1101. Appeals fron Decisions of the Zoning Officer

1101.1 The Board shall hear and decide appeals where it is alleged by the appellant that the Zor.ing Officer has failed to follow prescribed procecldres or has misinterpreted or misapplied any provision of this Ordinance. 1101.2 h appeal may be filed witk the Board in writing by any lmdowner affected, anj: officer or cgency of the Borough, or any person aggrieved.

1102. Challenges to the Vzlidity of w- Crdinance or Xap

1102.3 The Board shall hear challenges to the validity of any part of this Ordinance or cmendrnent thereof, unless such challenge is accompanied br a. curative anencir;;.ent or challenges the procedure of adoption of the Orainance or a,ny amndment. 1102.2 In the case 05 ti challenge to the process of adoption, appeal from the action of Borough Council shall be made directly to the Allegheny County Courts. If the challenge is accompanied by a curative amendment, appeal shall be made to Comcil. 1102.3 In challenges of the validity of this Ordinance, the Board shall take evidence and make a record thereon. At the conclusion of the hearing the Board shall decide all contested questions znci shall mzke findings on all relevat issues of fact which shall become part of the record on appeal to the Courts. 1102.4 k challenge ma;; be filed with the Eozrd in writing by any landowner affected, a;.officer or %-ency of the Borough, or any person aggrieved. 1102.5 The written recpest of a lendowner shall include a short statement informing the Board of the matters that are at issue and the grounds for the challenge as well as a certificetion by the landohmer that he was not aware that the Borough was considering a scheme of rezoning that xould detrimentally affect a plan he proposes and that such a scheme would be inconsistent with his proposed plan. The request shall be accompanied by plans describing the proposed use.

1102.6 A person =grieved by a development on lends of another but in con- fomvlce with the Ordinvlce may challenge the Ordinance by filing a written reqilest with the Board that it hold a hearing on the challenge. The request shall contain a short statement rezsonably informing the Board of the matters that are in issue and the grounds for the challenge.

4L 1102 ..7 The Boar2 mkv hear challenges to other Borough Ordinances or regulations that apply to the same plan for which a zoning challenge has been brought, but in such a case the Board shall have no power to pass on the non-zoning issiles and shall merely take evidence of such issues and include them in the record.

1103. Variances

1103 ..1 The Board shall hear requests for variances where it is alleged that the provisions of the Zoning Ordinance inflict unnecessary hardship upon the applicant. An appeal for variance may be filed with the Board by anjr landomer or any tenant with the landowner's permission. 1.103 ... 2 Variance from the terms of this Ordinance shall not be granted by the Board unless a written application for a variance is submitted to the Secretam of the Board demonstrating: 1103.21 That there are unique physical circumstances or conditions including bit not linited to irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other phpical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions ger.erally created by the provisions of this Ordinance in the neighborhood in which the property is located; 1103 .22 That becarlse of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this Ordinance and that the authorization of E variance is therefore necessaq' to enable the reascriable use of the property; 1103 .23 The such unnecessary hardship has not been created by the aFpel1at ; 1103 .24 That the variance, if authorized, will not alter the essential chsracter of the neighborhood in which the property is located nor substantially or permanently impair the appropriate use or development of adjacent property or 'De detrimental to the public health, safety and welfare. 1103.3 The variance if authorized, shall represent the minimum variance that will afford relief and will represent the least modification possible of the regdlation in issue. 1103. 0.4 If the Board finds in favor of the eppellant, it may prescribe appro- priate conditions and safegdards deemed necessary to implement the purposes anc intent of this Ordinance. 1103.5 The Board shall prescribe a time limit, consistent with the nature of the variance granted and the conditions surrounding the property, withiri which the acticn for which the variance is granted shall be completed. Failure to comply with the tine limit shall render the varivlce void. 1103'.6 Under no circumstances shall the Board grant a variance to allow a use not permissible either by right or conditionallg under the terms of this Ordinance in the zoning district containing the property for which the variance is sought.

i 1104. Appeals for approval of development not specifically listed in any zone district

llO4.l If a developer proposes a use not listed specifically as permitted or conditional in any zone district and his request for a building permit from the Zoning Officer or for a conditional use approval is denied, such developer may appeal to the Zoning Ilearing Board for a hearing on his proposal. 1104.2 The Board shall determine which zone district is most appropriate for the proposed use based on the uses permitted by right or conditionally in the zone district the Board selects, even though the zone district may not be the one containing the property for which the developer is making the request. 1104.3 In determining the appropriate zone district, the Board shdl establish the proposed use as a conditional use in the zone district selected, subject to approval as for any conditional use.

Section 1110 Operation of the Board 11 11. Blembership

1111.1 The membership of the Board shall consist of three (3) persons, all residents of Coraopolis Borough, who shall be appointed by the Borough Council and may be reappointed upon completion of a term. 1111.2 P!ernbers of the Board shall hold no other office in the Borough except that one member of the Board m&y be a member of the Borough Planning C omm issio n, 1112. Term of Office 11'12.1 Members of the board shall be appointed for three (3) year staggered terms, with one appointment each year to refill a completed term. 1112.2 Appointments to fill vacancies shall be made by Council for the unexpired portion of' a term only, 1113. Removal of Plembers 1113.1 Any Board member may be removed for malfeasance, misfeasance or non- feasance in office or for other just cause by a majority vote of Borough Council, taken after the Board member has received at least fifteen (15) days notice such vote will be taken. 1113.2 The Board member thus accused may request by written communication to the Borough Secretary no later than seven (7) days prior to the meeting of Council at which the vote for removal is to be taken, a hearing before Council after which Council, at its discretion, may take a vote for removal of the Board member. 1114. Organizztion of the Board lll4.1' The Board shall annually elect officers Irom among its membership, to include a Chairman, Vice Chairman and Secretary. I= 1'114.2 The Board shall reorganize at its first meeting in each calendar yea. Board members may succeed themselves in their positions. 1114.3 Tine Chairman shdl call adckir all meetings of the Board. The Vice Chainen shzll act in the absence of the Chairman and shall ass ist the Secretarf . 1114.4 Tfie SecretLq skaii keep the minutes of the proceedings, recording the vote of exk member; shail! transcribe and distribute, or arrvlge to have trvlscri-ced addistributed, all testimorqr given at hearings under procedilres descri'ced in Section 1120; shdl draw up the agenda for each meeting; shall be responsible for placing of notices for public hearings; and shall handle all correspondence.

7114.5 The ljoard mqr fiite, alter or rescind rules ar~forms for its procedure consistent with this and other Ordinances of t'ne Eorough and the laws of the Comonsealth, It may establish a regula- rnont'nly meeting date fcr con&xtin,- business. 1114.6 The Board shall keep full px'zlic records of its business and shall sui;mit a.n annuzl report of its activities to Borough Council not later thz? sixty (60) dvs aster the start of the subsequent year,

Sect ion 1120 Hearings Pmce.2ure

1721 . Hearings shail be condixtea bjr the Eoard or the Eoar6 ma;. appoint eny member as a hearing officer. The decision, or findings where no decision is called for, &all be made by the Boad, but the parties mqy w-'ClVF: a decision or findings by the Eoard uld accept the decision or findings of the hearing officer ES final.

-, 1122. The parties to a hearing shall 'te Cormpolis Zortngh, the party filing the applicatior., zn,y party affected by the applicetion who has made a recpest to appear in writing with the Board Secretary prior to the tiearin&, and q:;other person or civic or commiinity organization which the board pemits to apFear zfter filing a request to aFpear at least five (5) dws befcre the hearing.

74123. Eefore 8 hezring rnx: commence all fees and costs relative to the proceed- ings shall be paid by the qplicant. Fees shall be established by resolution of Borough Council. 1124. Public h'otice 1124.1 Public notice of the hearing shall be placed in a newspaper of general local circalation twice, once in each of two (2) consecutive weeks, the first notice not more than thirty (30) dajrs nor less than fourteen (14) dqys before the hearing. The notice shall state the date, time, place and purpose of the hearirrg. 3124.2 h mailed notice shall be sent at least fifteen (15) days prior to the hearing to the applicant, to the Secretaries of Eorough Council and Planning Commission, and to other parties who have filed a timely request to receive notice. Ir, addition, when the hearing involves a particular property or properties, notice shall be sent to the oxners of property within one huntred (100) feet of the edge of the affected property or properties, The applicant shall provide the Secretanr of the Board with the rimes ana addresses of the property owners to be sent notices.

c 1124.3 A copx of the notice shall be posted at the Hunicipal Building and., in a case involving particular pro;jerties, in a conspicuous location on the affecte? property. 1125. The cnairmar. or acting chairnian of the Board or the hearing officer presicing shall have the power to abinister oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant dociunents and papers, including witnesses and docunents requested by the parties. 1126. The parties shall hzve the right to be represented by counsel and shall be affordei the opportunity to respond and present evidence and arguments and to cross-exm.ine adverse witnesses on all relevant issues. Formal rules of evidence shall not apply and irrelevant, immaterial or unduly repetitious evidence may ke excluded. 1127. The Board or the hearing officer shall keep or arrange to have kept a stenographic record of the proceedings, and a transcript of the proceedings 'and copies of graphic or written material received in evidence shall be made available to any party at cost. In lieu of a stenographic record of the hearing, a tape recording mqbe ke?t if agreeable to the Board and the appellant, acknowledged by a sip-ed statement. 1126. The Board, or the hearing officer, shall not communicate, directly or indirectly, with any party, and/or representatives of any party in connection with any issue relevznt to the hearing, except ujmn notice and opportunity for ail parties to participate; shall not take legal notice of arj communictitions, reports or other materials unless all parties me afforded an opportunity to contest the material so noticed; and shall not inspect any site or its surroundings with an$ party and/or representative of zn3; party after the start of hearings unless all parties are given an opportunity to be present . 1129. Hearing Decisions 1129.1 The Board or hearing officer shall render a written decision, or when no decision is required, written findings on the application, within forty-five (45) days after the conclusion of the hearing before the Board or hearing officer. Decisions shall be accompanied by findings of fact and conclusions based on them together with the reasons therefor. Conclusions based on any previsions of this Ordinance or any other Ordinance or regulation of Cormpolis Borough or the Pennsyl- vania Municipalities Flarxiing Code shall contain a reference to the provision relied on and the reasons why a conclusion is deemed appropriate in the light of the facts. 1129'.2 When a hearing is conducted by a hearing officer and there is no stipulation that his decision or findings are final, the Board shall make his report and recommen6ations available to the parties who shall be entitled to make written representations thereon to the Board prior to the Board's find decision and entry of findings, which shall occur not later than forty-five (45) days after the hearing ofr.~icer's decision.

C 1129.3 \$he- the €card or hearing officer fails to render a decision where it or he hzs the power to dc so within forty-five (45) days after hezriq the arplication or fails to hold a hearing within sixty (60) dqs of tke a;>liczct's resnest, the decision shall be deemed to hsqc beer. rendere5 in favcr of tke applicznt, and the Board shall place 2 public notice of the aecision thus granted not later than ten (10) dzyE after the expiration of the forty-five (45) dw period in 6 newspaper of general local circulation. In addition the decision shell be poste2 on the affected property and sent by mail to all parties hsving aii interest in the decision. Any extension of the forty-five (45) dzy period for any other reasons shall be agreezble to both the B02rd and the aq$icant and shall be for a fixed period. 1129.4 X copy of the fine1 decision, or the findings if no decision is required, shdl be meiiec to the applicant not later than the day after the dzte of the decision. All others requesting notice of the decision not later thzn the last da,y of the hearing shall receive by mail a s~maryof the findings or decision and a statement of the plzce at which the full decisio2 or findings may be examined. hny reproduction of the proceedings shdl be paid for by the party requesting the transcript ion.

Sect ion I 130 Zoning k?peals

1131. Mc one shall be permitted to file an appeal with the Board later than thirty (30) cays after ar; applicition for development whether preliminary or final, has been approved by the Zoning Officer or Borough Council if such appeal is intended to reverse or limit the approval in any mmner. Only if the qpellznt is able to prove he had no notice or knowledge of the approval can the Board extend the time limit. Successor owners shall be bound by the knowledge of their predecessors in interest. 1132. Upon the filing of an appeel, 2nd while an appeal is pending before the Board, any developent pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body and all official action thereunder shall be stqred unless the Zoning Officer certifies to the board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stwed otherwise than by a restraining order, which may be granted by the Board cr by the Court. 1133. Zoning Appeals to Court 1133.1 The Courts may act upon appeals from the decisions of the Board and findings end conclusions of the Board in proceedings to challenge the validity of the Ordinance or other development regulations of the Borough. 7133.2 The court having jurisdiction shall be the Allegheny County Court of Cormor. ?leas. 1133.3 Zoning appeals mqbe taken to court by amy party before the Board or any officer or agency of Coraopolis Borough. 1133.4 All zoning appeals shdl be filed not later than thirty (30) days after issuance of notice of the decision or report of the Boar2. 1123.5 A develope2 having received approval from the Borough for his development. ETA faced with an appeal brought by others before the Eoard mw petition the Court to order those bringing the appeal to ~OEZz b0r.S ir, ai zmur.t esttrblished by the Court as a condition of the appeel's continuation before the Board. The Court shall he3 the petition, determine whether the appeal is frivolous or is designed to delqr, and if so may require the posting of the bond.

1134. If any application for a variance, or appeal from the zoning officer is denied by the Board, another application for the same request shall not be filed within a period of one (1) year from the date of denial except upon order of the Court or if the application is substantially changed. Article XI1 Administrat ion

Section 1200 Duties of the Zoning Officer 1201. The Zoning Officer shall administer and enforce this Ordinance in accordance with its literal terms. He shall be appointed by Borough Council and may hold no elective office in Coraopolis Borough. 1202. Applications for building and occupancy permits shall be made to the Zoning Officer, who shall process the applications in accordance with Section 1210 or Section 1220. 1203. The Zoning Officer shall investigate alleged violations and take action to gain compliance in accordance with Section 1230. He shall also testify at hearings of the Zoning Hearing Board on contested decisions he has made. 1 204. All questions of' interpretation of this Ordinance shall be first presented to the Zoning Officer and such questions shall be considered by the Zoning Hearing Board only on appeal from the decision of .the Zoning Officer.

Section 1210 Duilding Permits 1211. No building or structure including a mobile home shall be erected, moved, or enlarged unless a permit for such action has been issued by the Zoning Officer. Permits shall not be required for the erection of paved walks, patios, residential driveways, childrens play equipment, or garden sheds. Nor shall a permit be required lor. painting, for replacement of siding, roofing, windows, doors, soffits or gutters, for repointing masonry, or for altering interior partitions or doorways when no structural changes are needed. Permits shall be required for permanent roofs over open porches or patios or for closing in such areas with screening or windows. 1212. An application shall include the following in duplicate on forms provided by the Zoning Officer: 1212.1 A description of the proposed work and the proposed use of the structure, if a new building, indicating the number of dwelling units or commercial units the building is designed to accommodate. 1212.2 A site plan drawn to scale showing the boundary lines of the property to receive the new construction, if a new building or expansion of an existing building is proposed, indicating bearings and distances of each :Line, area of the property and name of owner of record. 1212.3 The site plan shall also show the building setback line from each property boundaq, public mads abutting the property, public utilities serving the property and the location of free-standing signs and of parking areas, with the number of parking spaces indicated, if a multi- family residential, commercial or industrial development. 1212.4 The proposed building or adaition shall be shown on the site plan, with dimensions and height noted and distances indica$ea between it and adjacent streets and property lines. 1212-05 Existing buildings already on the property and topographical features such as steep slopes, swamps and streams shall be shown if on the property . 1212.6 If the building is for commercial, industrial, multi-family or public use, a certificate of approval from the State Department or Labor and Industry shall be provided. 1212.7 The applicant shall swear that all the information given on the form and drawings shall be true and correct to the best of- his knowledge. 1213. If the application-- is satisfactory, the Zoning Officer shall inspect the premises where the construction is proposed to occur. If new construction is proposed, the honing Officer shall verify on the site the location of the construction relative to adjacent property lines and may order the owner to have stakes positioned by a registered surveyor to indicate the property line and outline of' the new construction. Upon completing his inspection and finding the application and premises compatible, the Zoning Officer shall approve the application and return one (1) copy of the construction documents together with a signed building permit auth- L orizing the applicant to proceed. The applicant shill post the permit prominently on the building site ciuring construction and shall keep one (1) set of the documents available on the site as well.

1214. If the application is not satisfzctory, the Zoning Officer shall return one (1) set of the application documents together with a letter indicating the specific reasons why the application cannot be approved and the changes needed to make it acceptable.

1215. The Zoning Officer shall from time to time visit the property whereon the approved construction is taking place in order to assure himself that the work is proceeding in accordance with the application documents. The Zoning Officer shall not be denied access to the property during working hours in order to inspect the construction in progress and may order the work halted pending appeal to the Zoning Hearing Board or corrected to conform to the permit.

1216. If an applicant wishes to mend the use, arrangement or construction of his building from that shown on the permit after the permit is approved, he shall file with the Zoning Officer an application for an amended zoning permit . 1217. A building permit shall become void, if after six (6) months from the date of issue, construction has not commenced and been vigorously pursued. The life of z building permit shall be one (1) year from the date of issue. Permits may be extended for not more than one (1) additional year on large projects or where the applicant can pmve to the Zoning Officer a hardship exists making it impossible to complete the project in one (1) yerir. 1218. The Zoning Officer shall keep records of all applications either appmve2 or disapproved, including one (1) copy of each permit issued, shall main- tain E journal of his activities, and shall submit an annual report to borough Council detailing building activity in the Borough during the prec edizg year .

Section 1220 Occupancy Permits

1221. For neti uses or expansion of existing uses 1221 .I Upon completion of a conmercial, pdblic, seni-public or industrial building, or a strdcture containing more tha two (2) dwelling units, or the placing of a mobile hone on its foundation, the contractor or builder shail apply to the Zoning Officer for an occupancy permit. 1221.2 The Zoning Officer shall inspect the premises u.d if satisfied that all conditions of the building permit have been met, shall issue an occupancy Fennit certifying that the premises comply with the pro- visions of this Ordinance a?d mag- be used. for the prposes set Torth on the building permit. 1221.3 If the Zoning Gfficer u~oninspection finds the premises to have been developed in violation or" a.qy of the conditions of' the building permit, -"le shdl order the violations corrected to conform to the building permit and shall not issue 2n occupmcy permit until satisfied these corrections have been made. The contractor shall be responsible for requeszing a re-inspectim dter violations have been corrected 2nd the Zoning Officer shall not issue an occupancy permit until he verifies all violetions have been corrected. 1221.4 It shall be a violation of this Ordinmce for a new structure covered b~ this section to be occupied without an occupancy pernit first having been issued.

1222. For chzngint; existing uses 1222.3 If a property oimer wisheE to ctqe the use 03 building, structure or premises, or if a new omer seeks to occupy a property that has been used for commercial or industrid purposes, he shall apply.to the ZoriiEc Officer for 22 occupmcy permit. Changes for which an occupancjr permit shall be require5 Lnclude adaition of a dwelling unit or units in the structure, introduction of a home occupation, conversion of premises to a different commercial or industrial use, or contimation of the use of a commercial or industrial property by a new owner. The Zoning Officer shall first determine that no building permit is needed to effect the proposed change, but if so the developer shall proceed as under Section 1210 above. 1222.2 If the Zoning Officer is satisfied that such chznge or addition is in conformance with all recyuirefients of this Ordinace, he shall issue 2,r1 occupancy pernit. 1222.3 It shall be the responsibility of the owner of a property to determine that any persons leasing or subleasing the premises will use them only for activities permitted by this Ordinance, and if a use is contemplated or undertaken by a leasee or subleasee which is not permitted, or is permitted only as a conditional use, it shall be the responsibility of the owner to either Eecure permission from the Borough for the use or to remove the use from the premises.

Section 1230 Enforcement and Penalties

1231. If the Zoning Officer shall find that any provisions of this Ordinance are being violated, he shall notify the otmer of the property upon which such violation is allegedly occurring by certified mail, return receipt requested, such notice being deemed adequzte if persons other than the owner are perpetrating the alleged violation.

1232. Communications regarding violations shall indicate the nature of the violation by specific paragraph of' this Ordinance relied on and shall order the action necessary to correct it.

1233. Such communications shall order the discontinuance of illegal uses of land or structures, or the removal or moving of illegal structures or additions or alterations thereto, as well as any other action necessary to assure compliance with or prevent violation of this Ordinance and shzll indicate the owner's alternative actions under the terms of this Ordinance . 1234. The Zoning Officer shall allow a period not to exceed thirty (30) days from date of' notice within which a violation shall be corrected. The Zoning Officer shall inspect the site of the violation at the conclusion of the period specified and if he finds the violation still not corrected, shall take the owner before a magistrate, who if he finas the owner guilty, may assess penalties in accordance with Section 1235.

1235. Continuation of a violation 02 this Ordinance beyond the thirty (30) day period shall constitute a summary offense. Any person, partner or officer of a corporation who violates this Ordinance, or fails to comply with a,ny of its requirements shall upon conviction thereof be fined not less than ten dollars ($10.00) nor more than five hundred dollars ($'jOO.OO) plus costs of prosecution. In default of payment of the fine, such person, the members of such partnership, or the officers of such corporation shall be liable to imprisonment for not more than sixty (60) days. Each day each violation continues mw be considered a separate offense. All fines collected for the violation of this Ordinance shall be paid over to the Borough. 1236. The owner or tenant of any building, structure, premises or part thereof, and any architect, engineer, builder, contractor, agent or other person who commits, participates in, assists in, or maintains a violation may each be found guilty of a separate offense and suffer the penalties herein provided. 1237. Nothing herein contained shall prevent the Borough from taking such other lawful action as may be necessary to prevent or remedy any violation, or to bring an action to enjoin any violation of this Ordinance.

1238. The granting of a building or occupancy permit shall not constitute a guarantee of any kind by the Borough or any official or employee thereof for the safety of any structure from any cause whatever and shall. create no liability against any Borough official or employee for any structural or other failure thct may result therefrom.

Section 1240 Schedule of Fees

1241. A schedule of fees for building Fernits, occupancy permits, sign-permits and applications for petitions to amend this Ordinance, or to initiate action on conditional uses before the Planning Commission or action on variances, chsllenges to the validity of the Ordinance, or challenges to a decision of the Zoning Officer before the Zoning Hearing Eoard shall be established by resolution of Borough Council, posted conspicuously in the Borough Building, and subsequently amended only by action of Council.

1242. KO permit, certificate, application, or variance shall be issued unless, or until such established costs, charges, fees or expenses have been paid in full; nor shall any actions be taken on proceedings before the Zoning Heering Board unless or until preliminary charger and fees have been paid in full.

Section 1250 Amendment of the Ordinance

1251. An amendment, supplement, change, or repeal of this Ordinance may be initiated by : 1251.1 A resolution or request by tiomugh Council; 1251.2 An official proposal by the Planning Commission; or 1251.3 A petition presented to the Planning Commission by a property owner or a person who has entered into an agreement to purchase a property in the Borough.

1252 Procedure 1252.1 Upon receipt of a petition from a property owner for an amendment to this Ordinance or its ma;?, the Planning Commission shall review the proposal and submit recommendat ions, with specific reasons in support of either adopting the proposal, rejecting it or auopting it with conditions, to Borough Council not later than the third meeting after which the Commission officially received the petition.

1252.2 The Planning Commission najr hold 2 piiblic hearing, properly noticed, if it feels the proposal is of such a controversial nature or is so . widespread in its jurisdiction that additional testimony should be gathered. 1252.3 Council shall review the Planning Commission's recommendations and shall call a public hearing, properly noticed, after which Council shall vote approval or disapproval of the proposed amend- ment within ninety (90) days of the conclusion of the hearing. At least thirty (30) days prior to the hearing the Board shall submit the amendment proposal to the Allegheny County Planning Cornmission for comment. 1252.4 When Council proposes an amendment it shall allow the Planning Commission at least thirty (30) days to review the proposal and submit recommendat ions before Council holds a pub1 ic hearing. 1252.5 If a proposed amendment is revised before final approval to include property not previously aff'ected or to further alter the text, Council shall hold another public hearing before proceeding to vote on the change. 1252.6 The hearing record shall be kept by stenographic or sound recording and copies may be provided any party to the hearing at cost. 1252.7 Appeal from a decision of Eorough Council on an amendment proposal shall be to the County Cou.rts of Common Pleas. 1253. Public Hearing requirements I 1253.1 Public notice shall be published in a newspaper. of general local circulation once in each of two (2) consecutive weeks, the first notice appearing not more than thirty (30) days nor less than fourteen (14) days before the hearing. 1253.2 A notice shall simultaneously be posted at a conspicuous location at the Municipal Building and at least one (1) location on property or properties to be affected by the proposal, if it involves the zoning map. 1253.3 Owners of property within two hundred (200) feet of any boundary of a property or properties or portion of a property for which a change in the zoning district boundaries is sought shall be informed by mail at their addresses of record by letter sent at least fifteen (15) days prior to the hearing, indicating the date, time and place of the hearing and describing the proposed change. 1253.4 The placing of public notices, posting of affected properties and mailing of letters to property owners in the vicinity of a proposed zone boundary change shall be the responsibility of the Borough Secretary, who may assign all or part of this work to the Zoning Officer. 1254. If Council receives a clearly adverse report from the Borough or County Planning Commission, or, prior to taking a vote for adoption of a zone distroct boundary change, is presented with a petition, signed in opposition by owners representing at least one half (9) of the property proposed to be rezoned and by at least one half ($) of the owners within two hundred (200) feet of such property, Council shall adopt the amendment only by a two-thirds majority vote. 'r 1255 Curative Amendments

i 1255.1 Landowner Curative Amendment A landowner who desires to challenge on subst ntiv grounds the validity of any portion of this Ordinvlce wkch prohibits or restricts the use or developnent of land in which he has zia iz5wxst my submit a curative amendment to the Borough Council. The request shall include a written statement informing Council of the matters that are in issue and the grounds for the challenge, the proposed amendment as the landowner wishes it to be adopted, and proposed plans for development of the land in question that are frustrated by the existing zoning. Council shall seek comments from the Borough and Allegheny County Planning Comissions at least thirty (30) dws prior to a public hearing, which shall be held, with proper public notice, not later than sixty (60) days after the landoxner's request is received at a regular meeting of Council. A stenographic record of the hearing shall be kept unless Council and the appellant qree in writing to a tape recorzix?g and Council shall have the power to administer oaths, issue subpoenas, compel the attendsnce of witnesses and production of relevant documents. The parties may be represented by counsel which mqy present evidence and cross examine acherse witnesses. The landowner's proposed amendment shzll be considered denied when Council informs the landowner it will not adopt the amendment, wher, Council adopts another amendment unacceptable to the landowner, or when Councilfails to act on the landowner's amendment within thirty (30) dqs after the public hearing unless the time period is extended by mutual consent . 1255.2 Municipal Curative Amenciment Borough Council mq by official vote declare any part or e11 of the Ordinance invalid and propose to prepare a curative anendment to over- come the invdidity. Within thirty (30) days theredter, Council by resolution shall specify the portions of the Ordinance to be cured and shzll commence prepmation of the amendment. The consideration of the amendment shall include review by the Borough 2nd County Planning Commissions and public hearing before Council, properly noticed as specified in Section 1253. IsTithin one hundrec?, eighty (180) d2ys after the declaration of iqvalidity, Council shall adopt the curative menbent or redfirrrt its Ordinvlce as it stood prior to the declaration. Vlhile a minicipal curztive mendment is in process, Council shall not be required to receive any landowner's curative amendment nor shall any rights accrue to a lardowner zs a result of Council's action relative to e lanaowner curative aaendiient . ?ne mnicf.ptll curative anendment pro- cedure may not be used kcy Council for at least thirty-six (36) months after Council's decision on a previous amen6nent unless State law compels Council to act sooner. 1256 . Rehearing If a petition for anendment, supplement, change or repeal of this Ordinance is denied by Borough Council, another petition €or a similar change shall not be filec within a period of one (1) year from the date of denial, except upon the initiation of Council and recommendation of the Plenning Commission based upon a change in circumstances which would warrant a rehearing. f . Section 1260 Enactment of the Ordinanoe r: 1261. This Ordinance is necessary for the immediate preservation of the publio health, safety and general welfare and shall be effeotive upon its passage and signing.

1262. Duly presented after public hearings and adopted at a regular meeting of the Borough Council of Coraopolis Borough, Allegheny County, Pennsylvania held on 18th day Of SeDtember 9 1985.

#dl4? &?%+ I' i resident of Boro5gh Cwil \ I 8.1

t

A