Chapter 27. Zoning. (See also, Chapter 5, Part 2, Uniform Construction Code. ) Part 1 Short Title; Definitions. Part 2 District Regulations

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1 Short Title Definitions Compliance Chapter 27 Zoning (See also, Chapter 5, Part 2, Uniform Construction Code. ) Zoning Map Zoning Districts District Boundaries Residential Districts Business District Hospital District Health Care District Industrial District Elderly Residential District Permitted Uses Lot and Yard Requirements Height Regulations Part 1 Short Title; Definitions Part 2 District Regulations Part 3 General Regulations Nonconforming Uses Private Swimming Pools Off-Street Parking Mobile Homes Planned Unit Residential, Business, and Industrial Projects Temporary Structures Signs Home Occupations Regulation of Partition Fences Part 4 Zoning Hearing Board Creation; Powers; Organizations Procedures Appeals Variances 27-1

2 Special Exceptions Performance Standards Nonconforming Uses Zoning Officer Compliance Zoning Certificates Enforcement Notice Enforcement Remedies Method of Appeal Part 5 Administration and Enforcement Part 6 Amendments General Petitions Referral Enactment of Zoning Ordinance Amendments Hearings Part 7 Adult Oriented Businesses Definitions Classifications Permit Required Issuance of Permit Fees Inspection Expiration of Permit Suspension of Permit Revocation of Permit Transfer of Permit Location of Sexually Oriented Business Injunction Part 8 Airport District Overlay Ordinance Purpose Relation to Other Zone Districts Definitions Establishment of Airport Zones Permit Applications Variance Use Restrictions Pre-existing Nonconforming Uses Supp. II; revised 2/6/

3 Obstruction Marking and Lighting Violations and Penalties Appeals Conflicting Regulations Exhibit 27-A Adult Motion Picture Arcades Zoning Map Amendments Zoning Map Supp. II; added 2/6/2012

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5 Zoning Part 1 Short Title; Definitions Short Title. The official title of this Chapter is Mount Pleasant Borough Zoning Ordinance. (Ord. 389, 4/1/1967, 101) Definitions. 1. Unless otherwise expressly indicated herein, the terms hereinafter enumerated shall, for the purpose of this Chapter, have the meanings as defined herein. Words used in the singular shall include the plural, and the plural shall include the singular. [Ord. 624] 2. As used in this Chapter, the following terms shall have the meanings indicated: Accessory use - a use customarily incidental and subordinate to the principal use and located on the same lot as the principal use. Area - area of a lot or site shall be calculated from dimensions derived by horizontal projection of the site. Basement - a story having more than 50 percent of its clear height below finished grade. Board - the Zoning Hearing Board, unless otherwise designated. Business service - any business activity which renders service to other commercial or industrial enterprises. Clinic - any establishment where human patients are examined and treated by doctors or dentists but not hospitalized overnight. Club - an establishment operated for social, recreational, or educational purposes but open only to members and not the general public. Coverage - that percentage of the lot area covered by principal and accessory use structures. Dwelling - any structure designed or used as the living quarters for one or more families. Elderly resident - those individuals 62 years of age and older and, for purposes of this definition, any individual who is permanently disabled shall be included herein upon attaining the age of 55 years. [Ord. 552] Essential services - the erection, construction, alteration, or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam, or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants, street signs, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adjacent service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including structures. 27-3

6 Borough of Mount Pleasant Family - one or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity, or hotel. Health care - any business, either nonprofit or profit making, which involves the caring for the physical and psychological needs of individuals on a professional basis by professionals duly licensed by the Commonwealth of Pennsylvania. [Ord. 526] Home occupation - an occupation carried on in a dwelling unit which is clearly incidental and secondary to the use of the building for dwelling purposes, and which does not change the character thereof. Hospital - an institution which meets the requirements of the Survey Eligibility Criteria in the Accreditations Manual for Hospitals, 1983 Edition, published by the Joint Commission of Accreditation of Hospitals and as set forth in of the Rules and Regulations of the Pennsylvania State Department of Health, Part IV Subpart A, Chapter 101, provided that it shall not be held to include any type of service which would be in competition with any lawful business conducted within limits of Mount Pleasant Borough. [Ord. 513] Light manufacturing - the processing and fabrication of certain materials and products where no process involved will produce noise, vibration, air pollution, fire hazard, or noxious emission which will disturb or endanger neighboring properties. Light manufacturing includes the production of the following goods: home appliances; electrical instruments; office machines; precision instruments; electronic devices; timepieces; jewelry; optical goods; musical instruments; novelties; wood products; printed material; lithographic plates; type composition; machine tools; dies and gauges; food products, but not animal slaughtering, curing nor rendering of fats; ceramics; apparel; lightweight nonferrous metal castings; film processing; light sheet metal products; plastic goods; and pharmaceutical goods. Lot - a parcel of land occupied or capable of being occupied by one or more structures. Lot of record - any lot which, individually or as a part of a subdivision, has been recorded in the Office of Recorder of Deeds of the County. Lot, depth of - a horizontal distance between the front and rear lot lines. Lot, minimum area of - the horizontally projected area of a lot computed exclusive of any portion of the right-of-way of any public thoroughfare. Lot, width of - the mean width measured at right angles to its depth. Manufacturing - the processing and fabrication of any article, substance or commodity. Mobile home - any mobile vehicle used or designed to be used for living purposes, whether the wheels are attached or not. A travel trailer, as defined herein, shall be considered a mobile home if occupied. Multiple-family dwelling - any structure designed or used as the living quarters for three or more families. Nonconforming structure - a structure designed, converted or adapted for a use prior to the adoption of provisions prohibiting such use in such location. 27-4

7 Zoning Nonconforming use - is any use or arrangement of land or structures legally existing at the time of enactment of this Chapter or any of its amendments which does not conform to the provisions of this Chapter. Structure - anything constructed or erected, the use of which requires a fixed location on the ground or an attachment to something having a fixed location on the ground, including, in addition to buildings, billboards, carports, porches, and other building features but not including sidewalks, drives, fences, and patios. Supply yard - a commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods. Supply yards do not include the wrecking, salvaging, dismantling, or storage of automobiles and similar vehicles. Travel trailer - a mobile vehicle, with wheels, designed for overnight living or camping purposes, capable of being towed by a passenger automobile and having an overall length less than 25 feet and an overall width less than 8 feet. (Ord. 389, 4/1/1967, 103 and Art. 7; as amended by Ord. 513, 3/5/1984, 1; by Ord. 526, 11/17/1986, 1; by Ord. 552, 6/1/1992, 1; and by Ord. 624, 1/19/2010) Compliance. No structure shall be located, erected, constructed, reconstructed, moved, altered, converted or enlarged; nor shall any structure or land be used or be designed to be used, except in full compliance with all the provisions of this Chapter and after the lawful issuance of all permits and certificates required by this Chapter. (Ord. 389, 4/1/1967, 104) 27-5

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9 Zoning Part 2 District Regulations Zoning Map. A map entitled Mount Pleasant Borough Zoning Map is hereby adopted as part of this Chapter. The Zoning Map shall be kept on file available for examination at the office of the Borough Secretary. (Ord. 389, 4/1/1967, 201) Zoning Districts. The Borough is divided into the districts stated in this Section as shown by the district boundaries on the Zoning Map. The districts are: A. R-1 Single-Family Residential. B. R-1A Single-Family Residential. [Ord. 621] C. R-2 Two-Family Residential. D. R-3 Multiple-Family Residential. E. B-1 Business. F. H-1 Hospital. [Ord. 513] G. H-2 Health Care. [Ord. 526] H. I-1 Industrial. I. E-1 Elderly Residential. [Ord. 552] (Ord. 389, 4/1/1967, 202; as amended by Ord. 513, 3/5/1984, 3; by Ord. 526, 11/17/1986, 3; by Ord. 552, 6/1/1992, 2; and by Ord. 621, 2/16/2009, 2) District Boundaries. District boundaries shown within the lines of streets, streams, and transportation rights-of-way shall be deemed to follow the center lines. The vacation of streets shall not affect the location of such district boundaries. When the Zoning Officer cannot definitely determine the location of a district boundary by such center lines by the scale or dimensions stated on the Zoning Map or by the fact that it clearly coincides with a property line, he shall refuse action, and the Zoning Hearing Board, upon appeal, shall interpret the location of the district boundary with reference to the scale of the Zoning Map and the purposes set forth in all relevant provisions hereof. (Ord. 389, 4/1/1967, 203) Residential Districts. Districts designated for Residential Use, R-1, R-1A, R-2, and R-3, are limited to dwellings and public or semipublic uses which are normally associated with residential neighborhoods. The only uses permitted in the residential districts are those which would not detract from the residential character of the neighborhood. The purpose of all four districts is to create an attractive, stable, and orderly residential environment. However, the families per dwelling and the lot and yard requirements are different in 27-7

10 Borough of Mount Pleasant the four districts to provide for the various housing needs and desires of the people. (Ord. 389, 4/1/1967, 204; as amended by Ord. 621, 2/16/2009, 2) Business District. The district designated for Business, B-1, is limited to business, public, and certain residential uses. By establishing compact districts for such uses, more efficient traffic movement, parking facilities, fire protection, and police protection may be provided. Industrial uses are excluded in order to reduce the hazards caused by extensive track and rail movements normally associated with such uses. The purpose of this district is to provide unified shopping centers conveniently located. (Ord. 389, 4/1/1967, 205) Hospital District. The district designated for Hospital, H-1, is limited to those institutions which qualify as a hospital under the definition of terms set forth in , parking facilities adjacent thereto and any necessary educational facilities required in the operation of such an institution. By establishing a separate district to be used solely for hospital purposes, the Borough expects to enable the orderly growth of the existing hospital facilities as long as it is limited to traditional hospital purposes as defined in this Chapter. All other uses are excluded in order to reduce the possibility of inconvenience to patients of said hospital and residents of said Borough. The purpose of this district is to provide a central location where a hospital may be located free from commercial or industrial intrusions. (Ord. 389, 4/1/1967; as added by Ord. 513, 3/5/1984, 4) Health Care District. The district designated for Health Care, H-2, is limited to those individuals and organizations who are duly licensed by the Commonwealth of Pennsylvania to render physical and psychological services to individuals as set forth under the definition set out in and parking facilities adjacent thereto. By establishing a separate district to be used solely for health care services, in the vicinity of the H-1 District, the Borough expects to enable the ordinary growth of such business within the Borough limits. The purpose of this district is to provide a central location, near the hospital, where such service can be rendered to the general public. (Ord. 389, 4/1/1967; as added by Ord. 526, 11/17/1986, 4) Industrial District. The district designed for Industry, I-1, provides suitable space for existing industries and their expansion as well as for future industrial development. Performance standards, parking specifications, and yard regulations are set forth in this Chapter in order to ensure safe industrial development that is compatible with adjacent uses. The locations of the districts are near railroads or highways in order to meet the transportation needs of industry. (Ord. 389, 4/1/1967, 206) 27-8

11 Zoning Elderly Residential District. The district designated as Elderly Residential, E-1, is designated for elderly residential use, and limited to those individuals and organizations who provide dwellings and public or semi-public uses which are normally associated with elderly residences, and parking facilities adjacent thereto. The purpose of this district would be to provide for housing needs of the elderly, conveniently located, and proving for an attractive, stable, and orderly residential environment for the elderly. (Ord. 389, 4/1/1967; as added by Ord. 552, 6/1/1992) Permitted Uses. The permitted uses and special exceptions for each district are shown on the following table. Uses given in the following categories shall be according to the common meaning of the term or according to definitions given in Uses not specifically listed or defined to be included in the categories under this Chapter shall not be permitted. Permitted Uses Special Exceptions R-1 Single-Family Residential District Single-family dwellings Public and parochial schools Public parks and playgrounds Churches Essential services Noncommercial recreational uses Public utility buildings Swimming pools Fire stations Municipal buildings and libraries Accessory uses R-1A Single-Family Residential District Single-Family Dwellings Public and Parochial Schools Public Parks and Playgrounds Churches Essential Services Noncommercial recreational use Public utility buildings Swimming pools Fire sirens Municipal buildings and libraries Accessory Uses [Ord. 621] R-2 Two-Family Residential District Single-family dwellings Two-family dwellings Public and parochial schools Public parks and playgrounds Nursery schools Hospitals and clinics Public utility buildings Swimming pools 27-9 Supp. I; revised 12/4/2010

12 Borough of Mount Pleasant Permitted Uses Churches Essential services Accessory uses Special Exceptions Fire stations Municipal buildings and libraries Planned unit residential projects Greenhouse Multiple-family dwellings One-chair beauty shops and/or barbershops [Ord. 536] R-3 Multiple-Family Residential District Single-family dwellings Two-family dwellings Multiple-family dwellings Public and parochial schools Churches Public parks and playgrounds Essential services Accessory uses Nursery schools Hospital and clinics Public utility buildings Swimming pools Fire stations Municipal buildings and libraries Planned unit residential projects Greenhouse B-1 Business District Retail businesses Eating and drinking establishments Offices and banks Personal and professional services Fire stations and municipal buildings Auto sales, service and repair Research laboratories Trailer parks Planned unit business projects Multiple-family dwellings Wholesale business Theaters Motels Commercial schools Commercial recreation Public utility buildings Public parking lots and parking garages Essential services Accessory uses Clubs [Ord. 435] 27-10

13 Zoning Permitted Uses Special Exceptions H-1 Hospital District Hospitals None Parking facilities Educational facilities Essential services Accessory uses, not to include structures [Ord. 513] H-2 Health Care District Clinics None Extended-care facilities Nursing home facilities Ambulatory-care facilities Related health care professionals, including commercial-professional office space for health care professionals Parking. Off-street parking to be required as follows: (a) 1 space for each 3 beds in any housing facility and (b) 1 space for each 2 employees working on each shift in any facility erected on said area. [Ord. 526] I-1 Industrial District Research and testing laboratories Offices Warehousing Manufacturing Planned unit industrial projects Restaurants Truck terminals Light manufacturing Essential services Accessory uses Supply yards Wholesale distributors E-1 Elderly Residential District Single-family dwellings for the elderly Two-family dwellings for the elderly Multiple-family dwellings for the elderly Noncommercial recreational uses. Public utility buildings Swimming pools 27-11

14 Borough of Mount Pleasant Permitted Uses Ancillary, elderly functions such as senior center meal site Churches Essential services Special Exceptions Tennis courts Greenhouse Home occupations Accessory uses [Ord. 552] (Ord. 389, 4/1/1967, 207; as amended by Ord. 435, 4/5/1971, 1; by Ord. 513, 3/5/1984, 5; by Ord. 526, 11/17/1986, 5; by Ord. 536, 8/7/1989, 1; by Ord. 552, 6/1/1992; and by Ord. 621, 2/16/2009, 2; and by Ord. 625, 11/22/2010, 1) Lot and Yard Requirements. The minimum lot area, minimum width of lot, minimum depth of front yard, and minimum width of each side yard for each district shall be as shown on the following table: R-1 R-1A [Ord. 621] R-2 R-3 B-1 H-2 1 [Ord. 526] I-1 E-1 [Ord. 552] Minimum lot area (square feet) Minimum lot area per family Minimum lot width (feet) Minimum depth front yard (feet) 8,000 6,000 6,000 6,000 3,000 6,000 10,000 6,000 8,000 3,000 3,000 1,500 3,000 1, Minimum width side yard (feet) (multiplefamily dwelling) 8 (single-family dwelling) A. Lots which abut on more than one street shall provide the required front yards along every street. B. All structures, whether attached to the principal structure or not and whether open or enclosed, including porches, carports, balconies, or platforms above normal grade level, shall not project into any minimum front, side, or rear yard. C. Any lot of record existing at the effective date of this Chapter and then held in separate ownership different from the ownership of adjoining lots may be used for the erection of a structure conforming to the use regulations of the district 1 Said district shall be required to conform to all other provisions of paragraphs.a,.b,.c, and.d. Supp. I; revised 12/4/

15 Zoning in which it is located, even though its area and width are less than the minimum requirements of this Chapter. D. Nonresidential structures or uses shall not be located or conducted closer to any lot line of any other lot in any R District than the distance specified in the following schedule: Minimum Side or Rear Yard Abutting Any Lot in Any R District Use 20 feet Off-street parking spaces and access drives for nonresidential uses 30 feet Churches, schools, and public or semipublic structures 40 feet Recreation facilities, entertainment facilities, motels, trailer parks, and all business and industrial uses (Ord. 389, 4/1/1968, 208; as amended by Ord. 526, 11/17/1986, 5; by Ord. 552, 6/1/1992; and by Ord. 621, 2/16/2009, 2) Height Regulations. No structure shall exceed 45 feet in height above average ground level unless approved by the Zoning Hearing Board. The Board may authorize a variance to this height regulation in any district if: A. All front, side, and rear yard depths are increased 1 foot for each additional foot of height. B. The structure is any of the following and does not constitute a hazard to an established airport, television, and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers and scenery lofts, cooling towers, ornamental towers, and spires, chimneys, elevator bulkheads, smokestacks, conveyors, and flagpoles. (Ord. 389, 4/1/1968, 209) 27-13

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17 Zoning Part 3 General Regulations Nonconforming Uses. The following provisions shall apply to all nonconforming uses: A. A nonconforming use may be continued but may not be extended, expanded or changed unless to a conforming use, except as permitted by the Zoning Hearing Board in accordance with the provisions hereof. B. Any nonconforming structure damaged by fire flood, explosion or other casualty may be reconstructed and used as before if such reconstruction is performed within 12 months of such casualty and if the restored structure has no greater coverage and contains no greater cubic content than before such casualty. C. In the event that any nonconforming use, conducted in a structure or otherwise, terminates or is abandoned, for whatever reason, for a period of 1 year, such nonconforming use shall not be resumed. (Ord. 389, 4/1/1967, 301) Private Swimming Pools. A private swimming pool shall be permitted as an accessory use to any permitted residential use, provided that: A. The pool is intended for private accessory use only and not for commercial or club purposes. B. All swimming pools having a potential for water depth in excess of 23 inches shall have erected immediately adjacent to or as a part of the swimming pool a wall or fence at least 36 inches above the highest level of the swimming pool; but, in no event shall a swimming pool be required to have a height in excess of 48 inches when the pool and fence are measured together. Access to the pool may be controlled by a use of a gate, which must be securely locked when the pool is not in use, so as to prevent entry into the pool unless such entry is authorized by the owner of said pool. C. In the event that a deck is used in conjunction with the pool, the minimum height requirement of 48 inches must be observed, and the stairway or ladder leading to the deck must be securely locked at all times so as to prevent entry into the pool unless such entry is authorized by the owner of said pool. D No swimming pool having a potential water depth of 23 inches shall be drained onto the surface. It is required for drainage that a hose be used leading from the swimming pool to a sanitary sewer point of entry. (Ord. 389, 4/1/1967, 302; as amended by Ord. 495, 12/7/1981) Off-Street Parking. Off-street parking spaces shall be provided in accordance with the specifications in this Section is any district, except the B-1 Business District, whenever any new use is established or existing use is enlarged

18 Borough of Mount Pleasant Use Parking Spaces Required Residential Church and school Private club or lodge Theater Hospitals and rest homes Professional offices, business services, wholesale houses, and medical clinics Retail businesses, eating and drinking places and personal service establishments Bowling alleys Recreational assembly places, e.g., dance halls, nightclubs; funeral homes Industrial 1 per dwelling unit 1 per 6 seats in principal assembly room 1 per 4 members 1 per 4 seats 1 per 3 beds and 1 for each 2 employees on the maximum working shift 1 for every 250 square feet of floor space 1 for each 100 square feet of floor space 5 for each alley 1 for each 100 square feet of floor space 1 for each 2 employees on the maximum working shift Elderly residential [Ord. 552] 1 space per every dwelling unit: which spaces shall include at least one identifiable reserved handicapped space for every 10 dwelling units. A. In R-2, R-3 and all nonresidential districts, parking spaces may be located on a lot other than that containing the principal uses with the approval of the Board, provided that a written agreement, approved by the Borough Solicitor, shall be filed with the application for a zoning certificate. All off-street parking for lots located in R-1 and R-1A Districts shall be provided on the same lot as the principal use. [Ord. 621] B. Any off-street parking lot for more than five vehicles shall be graded for proper drainage and surfaced so as to provide a durable and dustless surface. C. Any lighting used to illuminate any off-street parking lot shall be so arranged as to reflect the light away from adjoining premises in any R District. D. For all new development, off-street parking spaces shall be no less than 9 feet in width and 18 feet in length. Up to 10 percent of the required off-street parking may be designated for compact cars with a minimum width of 7 feet and a minimum length of 15 feet. [Ord. 621] E. For new conversions of single-family dwellings to two-family or multiplefamily dwellings in the R-2 District, a parking plan shall be submitted with the application for a zoning certificate. The parking plan shall indicate where the required off-street parking will be located in the dimensional requirements stated in paragraph.d above. [Ord. 621] (Ord. 389, 4/1/1967, 303; as amended by Ord. 552, 6/1/1992; and by Ord. 621, 2/16/2009, 2) Mobile Homes

19 Zoning Mobile homes to which there are no wheels attached to and which are placed on a permanent concrete foundation around all four sides shall be allowed in any area of the Borough, provided that the lot and yard requirements of are met, and provided further that they are connected to the municipal water and sewer systems where available. 2. Mobile homes which do not conform to the specifications of subsection.1 shall be permitted only in trailer parks which meet the requirements of this Section. Occupied travel trailers, as defined by , shall meet all of the requirements specified for mobile homes. A. No trailer park shall have an area of less than 3 acres. B. Each trailer site within the trailer park shall have an area of 3,000 square feet. C. No trailer shall be closer than 35 feet to any adjacent property. D. Not less than 10 percent of the gross area of the trailer park shall be improved for recreational activities for the residents of the park. E. The trailer park shall be appropriately landscaped and screened from adjacent properties. F. The trailer park shall meet all applicable requirements of the Borough Subdivision Regulations [Chapter 22]. (Ord. 389, 4/1/1967, 304; as amended by Ord. 414, 12/2/1969, 1) Planned Unit Residential, Business, and Industrial Projects. Planned unit residential, business, and industrial projects may be permitted if the planned unit project meets the requirements of this Section. After the unit plan is approved, all development, construction and use shall be in accordance with that plan unless a new planned unit project plan is submitted to and approved by the Zoning Hearing Board as required by this Chapter. Any development contrary to the approved unit plan shall constitute a violation of this Chapter. A. The area of the land to be developed shall not be less than 5 acres. B. Properties adjacent to the unit plan shall not be adversely affected. C. The average density of dwelling units per area shall not be higher than that permitted in the district in which the plan is located. D. The use of the land shall not differ substantially from the uses permitted in the district in which the plan is located, except that limited business facilities, intended to serve only the planned unit project area and fully integrated into the design of the project, may be considered. E. The unit plan shall be consistent with the purposes of this Chapter F. The unit plan shall be reviewed and recommendations made by the Borough Planning Commission and the Borough Council to determine if the proposed project is consistent with the Borough Comprehensive Plan and in the best welfare of the Borough. (Ord. 389, 4/1/1967, 305) 27-17

20 Borough of Mount Pleasant Temporary Structures. Temporary structures used in conjunction with construction work shall be permitted only during the period that the construction work is in progress. Permits far temporary structures shall be issued for a 6-month period. Residing in basement or foundation structures before the completion of the total structure shall not be permitted. (Ord. 389, 4/1/1967, 306) Signs. No sign, billboard, or exterior graphic display shall be permitted in any district except as herein provided: A. In any district, a sign not exceeding 1 square foot in surface size is permitted which announces the name, address or professional activity of the occupant of the premises on which said sign is located. B. A bulletin board not exceeding 24 square feet is permitted in connection with any church, school or similar public building. C. A temporary real estate or construction sign of reasonable size is permitted on the property being sold, leased, or developed. Such sign shall be removed promptly when it has fulfilled its function. D. Business signs shall be permitted in connection with any legal business or industry when located on the same premises and if they meet the following requirements: (1) Signs shall not contain information or advertising for any product not sold or service provided on the premises. (2) Signs shall not have an aggregate surface size greater than 5 square feet for each foot of width of the principal structure on the premises. (3) Signs shall not project over public rights-of-way, except that a sign which is placed flush against a building may project out a maximum of 12 inches from the front of the building to which it is attached. This provision shall apply to all signs which project over a right-of-way even if there is a porch or other part of the building which projects over said right-of-way under said sign. Theater marquees are specifically excepted from the provisions of this subsection as long as the theater is in operation. In the event that any theater ceases operations, the marquee must be removed within 30 days. [Ord. 472] (4) Signs shall not be illuminated in any manner which causes undue distraction, confusion or hazard to vehicular traffic. (5) Any sign which violates one of the provisions of this subsection and which is presently in existence may be removed by the owner of said sign within 6 months from the effective date of this subsection. (6) Any sign which violates the terms of this subsection and is not removed by the owner thereof, upon 30 days notice by the Code Enforcement Officer, may be removed by the Borough of Mount Pleasant and a municipal lien filed against the owner of said sign for any expense involved in the removal of said sign. [Ord. 624] 27-18

21 Zoning (Ord. 389, 4/1/1967, 307; as amended by Ord. 465, 11/1/1976, 1; and by Ord. 472, 6/6/1977, 2; as amended by Ord. 624, 1/19/2010) Home Occupations. Any home occupation, such as art studio, dressmaking, teaching or the professional office of a physician, dentist, lawyer, engineer, architect, or accountant, shall be permitted as an accessory use if it complies with the requirements of this Section. A home occupation shall not be interpreted to include barbershops and beauty parlors. commercial stables and kennels, real estate offices, or restaurants. A. The home occupation shall be carried on by a member of the family residing in the dwelling unit with not more than one employee who is not part of the family. B. The home occupation shall be carried on wholly within the principal or accessory structures. C. Exterior displays or signs other than those permitted under , exterior storage of materials and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted. D. Objectionable noise, vibration, smoke, dust. electrical disturbance, odors, heat, or glare shall not be produced. E. Articles not produced on the premises shall not be sold on the premises. (Ord. 389, 4/1/1967, 308) Regulation of Partition Fences. 1. Construction, etc.; Permit Required. No person, corporation, partnership, company or other entity shall construct, install, add to or alter a fence in the Borough, unless a permit is secured therefore. 2. Height Limitations. No fence shall be constructed which exceeds any of the following height limitations: A. Forty-eight inches in front of the building line applicable to the subject property. B. Seventy-two inches behind the front building line applicable to the subject property, except as otherwise provided in paragraph.c, below. C. Forty-eight inches wherever the fence shall be located on any portion of any lot that abuts a street, intersection or common drive that empties onto a public street. C. Eight feet in any Industrial Zoning District. 3. Barbed Wire and Other Unsafe Fencing Prohibited. Barbed wire and all other fencing that is designed to cut or injure is prohibited in all Residential Districts. In zoning districts other than residential, such fencing shall not be permitted, unless a request is made to Council and approved by a majority vote at a public Council meeting. 4. Construction Standards. All fences erected must be of good quality and must be firmly and sturdily footed in the ground. The decorative side of the fences must face outward

22 Borough of Mount Pleasant Treatment of Metal Fences. Any fence erected which is made of a metal fabric or which is partially made of any metal fabric shall be galvanized or otherwise treated to prevent the formation of rust, and the metal used in the fabric shall be at least 11 gauge or heavier, unless it is subject to the provisions of subsection.9 regarding the gauge of metal fences around pools. 6. Maintenance; Sturdiness. A. All fences shall be maintained in a sturdy and good condition. Fences which become loose, rusted or rotted, whether in whole or in part, shall be repaired, replaced or removed. B. Any fence that cannot support the weight of 150-pound man without bending, breaking, leaning or moving shall be deemed not to be sturdy. 7. Variances. A. Any property owner or tenant desiring to erect a fence or maintain a fence which does not conform to the provisions of this Chapter may apply for a variance from the Zoning Hearing Board of the Borough. B. All requests for a variance shall be according to the procedures and governing provisions of this Chapter and the laws of the Commonwealth. 8. Proximity to Lot and Curb Lines. Fences may be erected on the property line. Fences may be erected next to the sidewalk; but, in the event no sidewalk exists, the fence must be erected no less than 6 feet from the curb. No fence in the front yard shall be higher than 48 inches. 9. Fences Surrounding Pools or Other Structures. A. All pools, swimming pools, water retention basins and other structures, temporary or permanent and above or below ground, which may hold water, shall be surrounded by a fence, except as provided in paragraph.d hereof. B. Fences required by paragraph.a hereof may surround the pool or the property. The wall of a building may constitute a portion of the fence. Such fences shall be adequate to make the structure containing the water inaccessible to small children. C. Fences required by paragraph.a hereof shall not be less than 4 feet in height and shall be subject to the height limitations imposed in subsection.2. Further, such fences shall be constructed out of any of the following materials: (1) Masonry or brick. (2) Wire mesh, a minimum of nine gauge with posts not more than 10 feet apart. (3) Pickets, not less than ¾ of an inch thick if wood or 20 gauge if metal, with posts not more than 10 feet apart. (4) All gates or door openings through any fence required to be erected under this Section shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door for any dwelling which forms a part of the fence enclosure need not be so equipped. D. Structures which are not capable of holding water in excess of 2 feet in depth need not be surrounded by a fence if the structures are emptied of all water 27-20

23 Zoning when not in use, or are securely and adequately covered to prevent small children from uncovering the pool when not in use. 10. Permit Fee. The fee for a permit for construction, installation, addition or alteration of any fence shall be in an amount as established from time to time by resolution of Borough Council. (Ord. 389, 4/1/1967; as added by Ord. 624, 1/19/2010) 27-21

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25 Zoning Part 4 Zoning Hearing Board Creation; Powers; Organizations. 1. Pursuant to State enabling legislation, there shall be a Zoning Hearing Board constituted as provided by law. The Board shall perform all the duties and have all the powers prescribed by State statutes and as herein provided. 2. The Board shall elect its own Chairman and Vice Chairman from its membership. The Board may appoint a Secretary or Clerk who is not a member of the Board subject to the approval of the Borough Council and who may receive a salary as fixed by the Borough Council. 3. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Meetings shall be at sufficiently frequent intervals, at the discretion of the Board, for the efficient conduct of its business. All meetings shall be open to the public. A quorum shall consist of three members. [Ord. 525] (Ord. 389, 4/1/1967; as added by Ord. 456, 1/6/1975; and as amended by Ord. 525, 8/4/1986, 1) Procedures. 1. Procedure on all appeals, petitions, stays on appeal, public hearings, decisions, and other matters before the Board shall be governed by the provisions of State law and by the officially adopted rules of procedure of the Board. The Chairman, or in the event of his absence or his physical disability, the Vice Chairman and the Secretary shall sign all orders or instructions to the Zoning Officer and recommendations to the Borough Council pertaining to matters relating to this Chapter. The final disposition of any matter by the Board shall require the concurring vote of two of its members. 2. The Board shall adopt such rules of procedure consistent with the provisions of State statutes and local ordinance as it may deem necessary to the proper performance of its duties and the proper exercise of its powers. 3. Prior to taking action on any matter related to this Chapter for which a public hearing is required, such a hearing shall be held after public notice has been published not less than 10 days prior to such hearing date. Also, notification by mail to the property owner requesting Board action shall be made at least 15 days prior to said hearing. Decisions shall be rendered, in writing, within 45 days of said hearing. 4. A fee in an amount as established from time to time by resolution of Borough Council shall be charged for any appeal or proceeding filed with the Board. Any additional expenses incurred over and above this figure shall be borne by the applicant as determined by the Board. [Ord. 624] 5. The Secretary shall keep minutes of the Board s proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact. The Secretary shall keep records of the Board s examinations and official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. A card index record of all variances and special exception uses granted pursuant to 27-23

26 Borough of Mount Pleasant action of the Board under this Chapter shall be maintained in an alphabetical street file, and the location of such variances and special exception uses shall be marked upon a copy of the Zoning Map. Said file and said map shall be available for public inspection. 6. The Chairman, or Acting Chairman, may administer oaths and compel the attendance of witnesses. (Ord. 389, 4/1/1967, 501; as amended by Ord. 456, 1/6/1975; and by Ord. 624, 1/19/2010) Appeals. The Board shall have the power to hear and decide appeals from any order, requirement, decision, grant or refusal made by the Zoning Officer in the administration of this Chapter in accordance with applicable provisions of State law. (Ord. 389, 4/1/1967, 502) Variances. The Board, upon appeal, shall have the power to authorize variances from the requirements of this Chapter, and to attach such conditions to the variance as it deems necessary to assure compliance with the purpose of this Chapter, in accordance with applicable provisions of State law. A variance may be permitted if all the following requirements are met: A. Literal enforcement of the Chapter would result in an unnecessary hardship with respect to the property. B. Such unnecessary hardship results because of unique characteristics of the property. C. The variance observes the spirit of this Chapter, produces substantial justice and is not contrary to the public interest. (Ord. 389, 4/1/1967, 503) Special Exceptions. The Board shall have the power to authorize special exceptions if the following requirements are met: A. The special exception shall be in accordance with the standards specified for such class of special exceptions in Part 3 hereof. B. The special exception shall not involve any element or cause any condition that may be dangerous, injurious or noxious to any other property or persons and shall comply with the performance standards of C. The special exception shall be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties. D. The special exception shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. E. The special exception shall organize vehicular access and parking to minimize traffic congestion in the neighborhood, and in situations where a special exception is requested in an R-2 District for one chair beauty shop and/or 27-24

27 Zoning barbershop, the applicant must make provision for three spaces of off-street vehicle parking. [Ord. 536] F. The special exception shall preserve the purpose of this Chapter. (Ord. 389, 4/1/1967, 504; as amended by Ord. 536, 8/7/1989, 2) Performance Standards. All special exceptions shall comply with the requirements of this Section. In order to determine whether a proposed use will conform to the requirements of this Chapter, the Board may also obtain a qualified consultant to testify, whose cost for service shall be borne by the applicant: A. Fire Protection. Fire prevention and fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of inflammable or explosive materials is carried on. B. Electrical Disturbance. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity. C. Noise. Noise which is determined to be objectionable because of volume, frequency or beat shall be muffled or otherwise controlled, except that fire sirens and related apparatus used solely for public purposes shall be exempt from this requirement. D. Vibrations. Vibrations detectable without instruments on neighboring property in any district shall be prohibited. E. Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property. F. Air Pollution. Pollution of air by fly ash, dust, smoke, vapors or other substance shall be controlled by the Allegheny County Smoke and Air Pollution Control Ordinance. G. Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted. H. Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties. I. Water Pollution. Water pollution shall be subject to the standards established by the Pennsylvania Department of Environmental Protection as adopted by the Environmental Quality Board. [Ord. 624] (Ord. 389, 4/1/1967, 505; as amended by Ord. 624, 1/19/2010) Nonconforming Uses. The Board shall have the power to authorize changes of lawful nonconforming uses as follows: A. A nonconforming use which occupies a portion of a structure or premises may be extended within such structure or premises as they existed when the prohibitory provision took effect, but not in violation of the area and yard requirements of the district in which such structures or premises are located. No change of a nonconforming use shall entail structural alterations or any additions other than those required by law for the purpose of safety and health

28 Borough of Mount Pleasant B. The Board may impose such conditions as it deems necessary for the protection of adjacent property and the public interest. (Ord. 389, 4/1/1967, 506) 27-26

29 Zoning Part 5 Administration and Enforcement Zoning Officer. The Zoning officer, who shall be appointed by the Borough Council shall: A. Administer and enforce the provisions of this Chapter. B. Issue zoning certificates. [Ord. 624] C. Maintain a permanent file of all zoning certificates and applications as public records. (Ord. 389, 4/1/1967, 401; as amended by Ord. 624, 1/19/2010) Compliance. No structure shall be located, erected, constructed, reconstructed, moved, altered, converted, or enlarged; nor shall any structure or land be used or be designed to be used, except in full compliance with the provisions of this Chapter and after the lawful issuance of all permits and certificates required by this Chapter. (Ord. 389, 4/1/1967, 104) Zoning Certificates. 1. A zoning certificate shall be obtained before any person may: A. Occupy or use any vacant land. B. Occupy or use any structure hereafter constructed, reconstructed, moved, altered, or enlarged. C. Change the use of a structure or land to a different use. D. Change a nonconforming use. 2. Application for a zoning certificate shall be accompanied by a plot plan showing clearly and completely the location, dimensions and nature of any structure involved and such other information as the Zoning Officer may require for administration of this Chapter, together with a filing fee in an amount as established from time to time by resolution of Borough Council. [Ord. 624] (Ord. 389, 4/1/1967, 402; as amended by Ord. 624, 1/19/2010) Enforcement Notice. 1. If it appears to the Borough that a violation of this Chapter has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice as provided in this Section. 2. The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel and to any other person requested in writing by the owner of record. 3. An enforcement notice shall state at least the following: 27-27

30 Borough of Mount Pleasant A. The name of the owner of record and any other person against whom the Borough intends to take action. B. The location of the property in violation. C. The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this Chapter. D. The date before which the steps for compliance must be commenced and the date before which the steps must be completed. E. That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a period of 10 days. F. That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described. (Ord. 389, 4/1/1967; as added by Ord. 624, 1/19/2010) Enforcement Remedies. 1. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the magisterial district judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the magisterial district judge determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this Chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the magisterial district judge and thereafter each day that a violation continues shall constitute a separate violation. 2. The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment. 3. Nothing contained in this Section shall be construed or interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this Section. 4. Magisterial district judges shall have initial jurisdiction over proceedings brought under this Section. (Ord. 389, 4/1/1967, 403; as amended by Ord. 624, 1/19/2010) Method of Appeal. Any person or Borough official aggrieved or affected by any provision of this Chapter or by any decision of the Zoning Officer may appeal to the Board within a reasonable time, as provided by rules of the Board, by filing a notice of appeal specifying the grounds thereof